Paul Connaughton Snr (Galway East, Fine Gael)
Link to this: Individually | In context

Question 52: To ask the Minister for Community, Rural and Gaeltacht Affairs the cost of recent court settlements regarding Waterways Ireland; if there are any other actions pending against Waterways Ireland; and if all actions have been settled against Waterways Ireland. [18963/10]

Pat Carey (Dublin North West, Fianna Fail)
Link to this: Individually | In context

I assume that the Deputy is referring to actions arising from allegations of bullying and harassment in Waterways Ireland, raised initially in 2003. As previously stated on the record of this House, these allegations were the subject of an independent investigation carried out on behalf of my Department and the Department of Culture, Arts and Leisure (DCAL). The outcome of the investigations, as is clearly shown in the joint statement issued from the Departments at the time, is that the bulk of the allegations made by the complainant were not upheld. I can arrange to have a further copy of that statement made available to the Deputy if he wishes.

As the Deputy may be aware, the individual who made the allegations in this case subsequently took a case against DCAL and Waterways Ireland in the High Court in Belfast. Waterways Ireland was represented by its insurance company. I am advised that, during the proceedings, DCAL and the insurance company agreed, without admission of liability, a full and final settlement of £50,000 plus costs to be paid on a 50/50 basis. Waterways Ireland did not have to meet any of the settlement or costs from its own budget. I understand that the matter of costs is under discussion between the plaintiff, the insurance company and DCAL at present. I am also advised that Waterways Ireland is not aware of any further actions in this case.

I am happy to say, as did my predecessor, that Waterways Ireland as an organisation has my full confidence and I am satisfied that the difficulties it faced are behind it. Indeed, the facts and background to these issues do not support much of the public commentary there has been in the past. In that context, I want to repeat on the record of this House my predecessor's offer of a full and confidential briefing on these issues for Deputies by senior officials in my Department.

For the sake of completeness, I should also mention that Waterways Ireland, by the very nature of the work it carries out and the amount of waterway, towpath and facilities open to the public, is exposed to a number of public and employer's liability claims. These range from work-related accidents to civil actions arising from alleged injuries to people using the facilities or passing over waterways property.

In 2009 Waterways Ireland paid a total of €1.89 million in settling such claims. One work-related accident from a number of years ago, in which an employee suffered very severe incapacity, accounted for €1.4m of this total. This claim was settled in advance of the case proceeding following Senior Counsel advices and with the agreement of the Attorney General's Office. The remaining €490,000 relates to 15 separate employer and public liability actions - 5 relating to employees and 6 to members of the public, as well as 4 property-related actions. In 2010 a total of €119,445 has been paid in relation to injuries to 1 member of staff and 2 members of the public, as well as 2 property-related matters.

While Waterways Ireland remains strongly committed to maintaining high standards of health and safety, the nature of its operations means that there will be always be exposure to claims of this nature, which will continue to be managed by Waterways Ireland in accordance with standard procedures.