Seán Kenny (Dublin North East, Labour)
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476. To ask the Minister for Transport, Tourism and Sport his views on the planned dissolution of the Railway Procurement Agency, RPA, and the transfer of its staff to the National Roads Authority, NRA; if the Transfer of Undertakings (Protection of Employees) Regulations 2003 and/or the TUPE EU directive of 2001 provisions will apply to the staff of the RPA who are being transferred to the employment of the NRA; and if he will make a statement on the matter. [46838/14]

Paschal Donohoe (Dublin Central, Fine Gael)
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I understand the proposed dissolution of RPA and the movement of its staff and functions into NRA would constitute a “Transfer” for purposes of the EU TUPE Directive.

Having regard to the implications of the TUPE Directive, the legislative provisions applying to the transfer of RPA staff will, subject to the advice of the Office of the Parliamentary Counsel, reflect the terms of the agreement concluded in July 2014 between the Department of Public Expenditure and Reform and the Public Services Committee of ICTU in relation to the transfer of public servants between public sector organisations.