Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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39. To ask the Minister for Public Expenditure and Reform the reason An Post National Lottery Company Labour Relations Commission proposals have been uploaded to his Department’s licence competition virtual data room and presented as an agreed document despite no staff ballots on the proposals having been held thus far. [42516/13]

Pearse Doherty (Donegal South West, Sinn Fein)
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40. To ask the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the Labour Relations Commission and An Post National Lottery Company proposals have yet to be presented to workers for ballot; and the impact will this industrial relations uncertainty will have on the awarding of the new licence. [42515/13]

Brendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 39 and 40 together.

My officials have held discussions in relation to the staff of the National Lottery Company with the relevant trade union and management interests. The matter was referred to the Labour Relations Commission (LRC). The LRC has prepared a proposal regarding the staffing issue and these proposals have been put forward to both the unions and management concerned on the basis that the parties involved agree to recommend them for acceptance. The LRC proposal provides that all staff of An Post National Lottery Company will transfer to the next operator and will fall under Transfer of Undertakings legislation (TUPE). TUPE does not cover pension entitlements. However, the LRC proposal provides that National Lottery employees who are members of the An Post pension schemes shall be offered by the new licence holder pension arrangements which are no less favourable than their current arrangements.

The LRC proposal was uploaded to the Virtual Data Room (VDR) for the competition for the next National Lottery licence. However, it was made clear to potential applicants for the licence who had access to the VDR that the document contained a proposal which had not yet been agreed.