Written answers

Tuesday, 6 December 2011

Department of Public Expenditure and Reform

Departmental Staff

7:00 pm

Photo of Nicky McFaddenNicky McFadden (Longford-Westmeath, Fine Gael)
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Question 101: To ask the Minister for Public Expenditure and Reform the total pay, benefits and claimed expenses of the Information Commissioner in the years 2008, 2009 and 2010 and the relevant pension and or lump sum arrangements that will be applicable on completion of the current term; the total pay, benefits and claimed expenses of the Commission for Environmental Information, if additional to the above, in the years 2008, 2009 and 2010 and the relevant pension and or lump sum arrangements that will be applicable on completion of the current term; the total pay, benefits and claimed expenses of the Ombudsman for the Public Service in the years 2008, 2009 and 2010 and the relevant pension and or lump sum arrangements that will be applicable on completion of the current term. [38320/11]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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For the purposes of PQ number 38320/11, I have taken "the total pay, benefits and claimed expenses of the Information Commissioner" to refer to the Ombudsman/the Information Commissioner/the Commissioner for Environmental Information. The Ombudsman was appointed to her roles as Ombudsman and Information Commissioner with effect from 1 June 2003 for a period of 6 years and was subsequently re-appointed for a second term. In May 2007, the Ombudsman was appointed to the additional role of Commissioner for Environmental Information. There was no additional remuneration or benefits associated with this appointment and she was not entitled to any additional expenses through her being assigned this additional role. The Ombudsman is also an ex-officio member of the Standards in Public Office Commission, the Constituency Commission and Referendum Commission (when in existence), and she carries out these roles without additional remuneration.

Section 3(1) of the Ombudsman Act, 1980 provides that the Ombudsman shall receive the same remuneration and allowances for expenses as are paid to a judge of the High Court. Therefore, the pay levels for the Ombudsman were as follows: €231,366 with effect from 1 January 2008; €237,151 with effect from 1 March 2008; €243,080 between 1 September 2008 and 1 January 2010. As a result of the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009, the salary of the Ombudsman was reduced by 15% to €206,618 with effect from 1 January 2010. The Ombudsman is also subject to the pension related deduction imposed upon all public servants with effect from 1 March 2009 under the terms of the Financial Emergency Measures in the Public Interest Act, 2009.

The Ombudsman also participated in the voluntary surrender of pay scheme which was introduced with effect from 1 November 2008. The figures in the paragraph above do not reflect this reduction. Most recently, as a result of taking a voluntary cut in remuneration, the salary of the Ombudsman is now at €200,000 p.a. The effect of a legislative amendment provided for in the Financial Emergency Measures in the Public Interest (Amendment) Bill 2011 which is currently before the Oireachtas is that the current statutory link with that of a High Court Judge for salary purposes for new appointees to the position of Ombudsman will be removed.

In addition to pay, the Commissioner is in receipt of an annual expense allowance in line with the judicial allowance paid to a judge of the High Court. In this regard, she received an allowance of €8,701 in 2008, €9,057 in 2009 and €9,057 in 2010.

Her vouched expenses for 2008 were €3,110, €10,353 in 2009 and €6,009 in 2010. These encompass out of pocket air travel, subsistence, mileage, telephone and other expenses associated with carrying out all of her various roles.

The pension arrangements for the Ombudsman are in accordance with those of judges of the High Court. The Ombudsman is a member of the Ombudsman Superannuation Scheme, 1987 and the Ombudsman (Spouses' and Children's) Contributory Pension Scheme, 1989, in accordance with statutory instruments S.I. 70 of 87 and S.I. 269 of 89 respectively. These contain details of all of her entitlements under the scheme. Section 4(1) of S.I. 70 of 89 provides:

"4(1) A member who—

(a) having completed at least 5 years' actual service as Ombudsman and being aged 67 years, retires from that office, or

(b) so retires on medical grounds in accordance with paragraph 6 of this Scheme, or

(c) having held office as Ombudsman for not less than 6 years and being eligible and available for reappointment to that office, is not reappointed thereto, or

(d) retires or resigns from the office of Ombudsman having completed not less than 15 years' actual service as Ombudsman and being aged 65 years or more,

shall be awarded and paid by the Minister a pension of an amount per annum calculated at the rate of 1/30th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/30ths, and a gratuity of an amount calculated at the rate of 1/20th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/20ths:

provided, however, that in the case of a member who, having held office as Ombudsman for only one term of 6 years and being eligible and available for reappointment to the office for a second such term, is not reappointed, the amount of the gratuity aforesaid shall be equal to 1⁄2 of the amount of his pensionable remuneration."

In accordance with the terms of the Ombudsman (Spouses' and Children's) Contributory Pension Scheme, 1989, the spouse's and children's contribution is 4 % of remuneration, rather than the standard 1.5%.

On completion of her current term, the Ombudsman will have undertaken 12 years' service.

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