Michael Ring (Mayo, Fine Gael)
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Question 78: To ask the Minister for Community, Rural and Gaeltacht Affairs the specific recommendations that were made and the action that was taken following an investigation undertaken by his Department into employment policies and procedures at Waterways Ireland; and if he will make a statement on the matter. [40978/08]

Éamon Ó Cuív (Galway West, Fianna Fail)
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As I have previously stated on the record of the House, an independent investigation into allegations of bullying and harassment and related matters in Waterways Ireland was carried out jointly in 2005 on behalf of my Department and the Department of Culture, Arts and Leisure in Northern Ireland. A joint statement on behalf of the Departments was issued on 4 April 2005 regarding the findings of the investigators' report, including actions to be taken arising from it.

As the Departments' statement is too long to read out in the time available to me to answer a priority question, I have arranged for a copy to be made available to the Deputy. The key point is that a substantial number of allegations were made and these were thoroughly investigated. The outcome of the investigations, as clearly stated in the Departments' statement at the time, is that the bulk of allegations made by the complainant were not upheld. The investigators made a single recommendation to the effect that an independent review of the practices and policies relating to bullying in the organisation should be carried out. In addition, the Departments agreed that two further actions arising from the report of the investigators should be implemented. First, that an arrangement be made for further courses in relation to bullying for all members of staff, including the CEO, building on the considerable work that had been carried out in the organisation, under the personal direction of the CEO and, second, that an open and transparent policy on recruitment and promotion be followed in all future appointments and promotions.

All of the actions were delivered by the CEO to the satisfaction of the two Departments.

Michael Ring (Mayo, Fine Gael)
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In light of the Minister's response one might believe nothing is wrong in Waterways Ireland. In the event, why did a tribunal award €70,000 in one case and €50,000 in another? How much more had to be paid in response to allegations in Waterways Ireland?

In his reply the Minister said recommendations had been made regarding recruitment and bullying. One of the recommendations made on bullying was that all staff, including the CEO, would have to take a course dealing with the issue. Did the CEO take such a course and if so, has the Minister taken any action, as it is already costing taxpayers both North and South, €120,000 plus legal fees? There is great concern in the North with regard to employing people and on the aspect of bullying. Those involved are not happy with the replies they are getting from either the Minister or his Department in this regard. They believe a proper investigation has not been put in place.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Everything done by my Department had been done jointly with the Northern Ireland Department, so there is no solo run here. It is joint action in all respects because that is the way the body is set up. My information is that the actions agreed to were delivered by the CEO to the satisfaction of the Departments.

The Deputy has raised a question regarding subsequent legal actions. Following legal advice on issues raised by the complainant, in the aftermath of the investigations, the Departments concluded and informed him that there was no need for formal disciplinary action against the CEO. They could see no grounds on which they should take action on further allegations made by the complainant, given the reality that the bulk of his previous assertions had been thoroughly and independently investigated and not upheld. The complainant subsequently took a claim to an industrial tribunal in Northern Ireland to the effect that he had been victimised by Waterways Ireland. A compromise agreement was reached in September 2007 that Waterways Ireland would pay €50,000 without admission of liability. The legal advice to Waterways Ireland was that this was a good result because the complainant's legal fees probably exceeded that amount. The complainant continues to have a case pending before the High Court in Belfast.

Michael Ring (Mayo, Fine Gael)
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Some €120,000 of taxpayers' money has been paid to somebody who brought a case to the tribunal in the North — and there were two different people involved. With regard to the person who is creating the problem, why is he in the position he holds? He is being rewarded with bonuses, and a job, and yet it has so far cost the taxpayers of this country €120,000, with a case pending in the High Court in Belfast.

In the North there are standards. I want to know why action is not being taken against the CEO, as there is a problem.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The same standards apply here.

Michael Ring (Mayo, Fine Gael)
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No, in the North they have standards.

Éamon Ó Cuív (Galway West, Fianna Fail)
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I beg the Deputy's pardon.

Michael Ring (Mayo, Fine Gael)
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Jobs are advertised and must be applied for. The Minister thought he could fill the position without it being advertised. That is why compensation is being paid.

Éamon Ó Cuív (Galway West, Fianna Fail)
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As I tried to explain to the Deputy, all actions taken by Waterways Ireland are agreed to by the two Departments. The two Departments are joined equally in all of these issues. Everything is agreed step by step by the two Departments.

I should like to clarify another issue. In 2005 a member of the public took a case to an industrial tribunal in Northern Ireland, claiming he had been disadvantaged ——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The time for this question has expired.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Just so the Deputy is fully briefed, if he wishes I can arrange for a full confidential briefing to be given to him by my officials, so that he has all the facts in the case. I have no doubt that when he sees all the facts he will come to the conclusion that this matter has been properly and thoroughly dealt with.