Seán Fleming (Laois-Offaly, Fianna Fail)
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103. To ask the Minister for Public Expenditure and Reform the role his Department has had in respect of dealing with the insolvency of a company's pension scheme (details supplied); and if he will make a statement on the matter. [47805/14]

Brendan Howlin (Wexford, Labour)
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The proposals emanating from the mediation process in relation to the Waterford Crystal pension schemes involve a settlement of a legal action initiated by representatives of workers in Waterford Crystal against the Minister of Social Protection. The European Court of Justice had previously ruled that, in the case of the workers concerned, the State had failed to provide adequate protection to members of occupational pension schemes from instances of double insolvency. The Minister for Social Protection has since enacted the Social Welfare and Pensions (No.2) Act 2013 which makes statutory provision for protection of workers where cases of double insolvency arise. However, as the double insolvency case of Waterford Crystal pre-dated the 2013 Act, it does not cover the former workers of Waterford Crystal.

The mediation process was a welcome initiative to arrive at an acceptable settlement without recourse to further costly legal proceedings while providing a fair and equitable settlement of the claims for pension entitlements for over 1700 former Waterford Crystal workers. The mediation was between officials of the Department of Social Protection and representatives of the Waterford Crystal workers, facilitated by the chairperson of the Labour Relations Commission. Neither I nor my officials were directly involved in the mediation process, although developments in the mediation process were communicated by officials of the Department of Social Protection on an ongoing basis. Proposals for settlement carrying the recommendation of the mediator were brought to Government by the Minister for Social Protection and approved on the 9 December last. They are also under consideration by the former Waterford Crystal workers.

Legislation is currently before the House to permit funding for pensions involved to be made available by the Minister for Finance from the Central Fund to the Department of Social Protection who will be responsible for putting in place appropriate arrangements for the processing of claims and payment and disbursement of sums due in accordance with the settlement terms.