Mary Lou McDonald (Dublin Central, Sinn Fein)
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182. To ask the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that members of the ESB Group of Unions have initiated a legal challenge against the ESB and the Government regarding the €78.4 million dividiend the company to due to pay to the State which the union members allege is unlawful as the payment is based on wrongly prepared accounts; and if he will make a statement on the matter. [35833/13]

Mary Lou McDonald (Dublin Central, Sinn Fein)
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183. To ask the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that the ESB 2012 annual accounts state the company’s defined benefit pension scheme to be a defined contribution scheme; and if he will make a statement on the matter. [35834/13]

Pat Rabbitte (Dublin South West, Labour)
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I propose to take Questions Nos. 182 and 183 together.

My attention has been drawn to the legal challenge regarding ESB's payment of dividend. A representative from my Department attended the AGM of the company, on my behalf. At the AGM the Board Chairman advised the meeting that the accounts were compliant with all statutory and accounting rules. The dividend payment, €74.5m of which was due to the Exchequer, was received on the 27^th June 2013.