Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 735: To ask the Tánaiste and Minister for Education and Skills the amounts of money spent by the institutes of technology and Dublin Institute of Technology, individually and as a group, on legal fees to a company (details supplied) and any other firms of solicitors engaged by the institutes of technology and DIT from 2005 to date in 2010. [31633/10]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 736: To ask the Tánaiste and Minister for Education and Skills the number and nature, employment related, health and safety related, of legal and court actions taken by or involving the institutes of technology and Dublin Institute of Technology in the period 2005-2010. [31634/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 735 and 736 together.

Under the Institutes of Technology Acts, 1992 to 2006 the Institutes of Technology are autonomous statutory bodies. Under the legislation, the Institutes' management authorities are responsible for their governance and operational management, including arrangements for dealing with legal issues relating to the running of the Institutes.

Institutes are not required to notify my Department of legal actions taken by or involving the Institutes and the legal costs incurred, which are met from within the institutions' budgets.

In regard to general funding my Department allocates recurrent funding to the Higher Education Authority (HEA) for direct disbursement to the Institutes of Technology. It is a matter for each institution to determine how the block grant received from the HEA is allocated internally and my Department does not have details of the breakdown of individual items of expenditure by each institution. Accordingly, the information on legal fees in relation to the company and other firms referred to by the Deputy is not available in my Department. The HEA is working closely with the Institutes to effect economies and efficiencies across all levels of activity with a particular focus on the use of shared services.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 737: To ask the Tánaiste and Minister for Education and Skills if she will provide details of the agreement reached between her Department and the presidents, formerly directors, of the institutes of technology relating to the IOTs presidents'/directors' terms, conditions and entitlements when their terms of office end. [31635/10]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 738: To ask the Tánaiste and Minister for Education and Skills if, in view of the report on the public service numbers and expenditure programme and the forthcoming Hunt reports, she intends to review the agreement reached between her Department and the presidents, formerly directors, of the institutes of technology relating to the IOTs presidents'/directors' terms, conditions and entitlements when their terms of office end. [31636/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 737 and 738 together.

In general, full-time fixed term contract appointments of ten years duration are awarded to Directors of Institutes of Technology (IOTs) / the President of Dublin Institute of Technology (DIT) respectively. These contracts are awarded subject to the terms of the Institutes of Technology Acts 1992 to 2006, and the Dublin Institute of Technology Acts 1992 to 2006.

These contracts are non renewable and there is no possibility of extending the contract beyond 10 years. However, it should be pointed out that there is no impediment to existing post-holders re-applying for the post of Director / President on the expiration of their contract on the basis that they would be subject to the same recruitment procedures as all applicants for the post.

In light of the fact that the contract is non-renewable, a protocol was drawn up with DIT and with those Institutes under the ambit of the Institutes of Technology of Ireland (IOTI) to clarify the position following the expiration of the 10 year period of the contract. In line with this the arrangements on expiry of the 10 year contract terms are as set out below. There are currently no plans to review these arrangements. It should be noted however, that these arrangements do not apply to new entrants.

Arrangements on expiry of 10-year contract: Upon the expiry of this fixed term contract, three options may be available, namely (a) retire immediately from the Institute / DIT whereupon pension entitlements will be preserved until the appointee reaches age 60. In this scenario, pension and lump sum will be calculated on the basis of service (including previous reckonable service) and salary as Director / President where salary as Director / President will be uprated, by reference to general pay increases, to the rate payable at age 60. or (b) Where the Director / President is more than 50 years of age, retire immediately from the Institute / DIT with payment of actuarially-reduced superannuation benefits

or (c) receive from the Institute / DIT a contract of employment in the capacity of a personal-to-holder post equivalent to that of Secretary-Financial Controller/Registrar/Head of Development in an Institute / Director in DIT commencing immediately at the end of the fixed term contract. Such post will be under the same conditions and with the same remuneration as those equivalent posts within the Institute / DIT. This new post would be pensionable and retirement would be compulsory on reaching age 65.

In the event of the option at (c) above being taken up, the following arrangements will apply on retirement: (i) Pension and superannuation lump sum calculated on the basis of service (including previous reckonable service) and salary as Director / President where salary as Director / President will be uprated, by reference to general pay increases, to the rate payable on the date of retirement from the personal-to-holder post plus (ii) Pension and superannuation lump sum calculated on the basis of subsequent service and salary in the personal-to-holder post (iii) No pension or superannuation lump sum payable until final retirement (iv) A maximum limit of 40 years must apply on all reckonable service (v) Professional added years, where applicable, must be appropriately reduced in the event of voluntary retirement before age 65.

Employment in the education sector following retirement on pension:

Where, following retirement on pension from the Institute / DIT, the pensioner takes up employment in the education sector of the public service, pension (where payable) will be continued provided that the aggregate of the rates of pay and pension do not exceed the pensionable remuneration, uprated to current rates, on which pension was based. Where the rate of pay exceeds pensionable remuneration as uprated, pension is not payable. Where the rate of pay is less than pensionable remuneration as uprated, but the aggregate of pay and pension exceeds the pensionable remuneration, the rate of pension is correspondingly reduced.

The education sector of the public service includes all teaching posts funded by the Department of Education and Skills, all employment in recognised schools, Institutes of Technology / DIT, Universities and Vocational Education Committees and all employment in other bodies related to education and funded by the Department of Education and Skills.