Written answers

Tuesday, 16 June 2015

Department of Transport, Tourism and Sport

State Bodies

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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869. To ask the Minister for Transport, Tourism and Sport if he is aware that the contract of the chief executive officer of Dún Laoghaire Harbour Company (details supplied) is renewed on a yearly basis; if he will confirm that neither he, his Department nor the Harbour Company have adhered to a document salary range for newly appointed chief executive officers of commercial State-sponsored bodies which was issued by the Government and effective since 2008, whereby the person's salary as chief executive officer should have been reduced by 10% per annum; and if he will make a statement on the matter. [23214/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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870. To ask the Minister for Transport, Tourism and Sport if he is aware that the chief executive officer of Dún Laoghaire Harbour Company receives a basic salary of €136,000 and the chief executive officers of New Ross Port Company, Wicklow Port Company, Galway Harbour Company, and Drogheda Port Company are employed under the salary range chief executive officers of commercial State-sponsored bodies and receive a salary range from €97,626 to €60,654; if he will confirm that under the Government's proposal to designate the above ports as ports of regional significance and that the chief executive officer of Dún Laoghaire Harbour Company's remuneration will be reduced to the salary range of the other designated ports; and if he will make a statement on the matter. [23215/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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875. To ask the Minister for Transport, Tourism and Sport further to this Deputy's previous parliamentary question and his reply regarding the chief executive officer of Dún Laoghaire Harbour Company receiving €19,877 in lieu of annual leave, if he accepts that under the Organisation of Working Time Act it is illegal for someone to sell an entitlement to annual leave; and if he will make a statement on the matter. [23220/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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898. To ask the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 1032 of 26 May 2015 and his response that his Department raised this matter with the incoming chairperson of Dún Laoghaire Harbour Company, who was on the audit committee at the time, appointed in 2013; and given that the previous chairperson authorised this payment, if he will confirm whether the previous chairperson (details supplied) consulted the board prior to payment; if so when this consultation took place; and if he will make a statement on the matter. [23626/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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902. To ask the Minister for Transport, Tourism and Sport further to previous a parliamentary question with regard to the chief executive officer of Dún Laoghaire Harbour Company (details supplied), receiving a payment of €19,877 for selling back annual leave, and given that the current directors are also on the audit committee of the Harbour Company which agreed this, if he will now accept that their positions are untenable; and if he will make a statement on the matter. [23630/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 869, 870, 875, 898 and 902 together.

The salary range for CEOs in commercial State Bodies was revised upwards in 2008 to reflect national pay awards at that time. The Department of Finance direction to this Department in 2008 set out the individual salary ranges for CEOs of each of our commercial State bodies, including for the Harbour companies referenced by the Deputy. In the case of Dún Laoghaire Harbour Company, the salary range set by the Department of Finance was from €130,165 to €162,680. The CEO is on the lower end of that range and is not on a contract that is annually renewed. There are no current proposals to reduce the CEO's salary and I do not know the basis for the Deputy's reference to a requirement for a reduction of 10% per annum.

Regarding the payment in lieu of untaken annual leave, the Chairperson explained at the time to my predecessor that the decision to pay the CEO in lieu of annual leave was taken having regard to exceptional circumstances at the time. The Chair acknowledged my Department's view that it disagreed with the decision and confirmed that this situation would not arise again.

The matters raised by the Deputy relating to the consultations by the Chairperson and Board members prior to the above mentioned payment and compliance with the working time legislation is a matter for the Board and I have forwarded the Deputy's questions on these matters to the Chairperson for direct response to the Deputy. If the Deputy does not receive a response within 10 working days, he should contact my private office.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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871. To ask the Minister for Transport, Tourism and Sport further to a company entitled the International Diaspora Centre being established in 2011 by the Board of Dún Laoghaire Harbour Company in 2011 without Government approval at the time, if he will confirm that Government approval was only sought in 2012; and if he will make a statement on the matter. [23216/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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​In December 2011, Dún Laoghaire Harbour Company informed the Department that it was establishing a new company to be known as The Irish International Diaspora Centre Trust. The Company was immediately informed of its statutory requirements as regards the establishment of subsidiaries.

The Company replied that, while the entity proposed was a new company, it was not a subsidiary as defined within the Harbours Acts and therefore the requirement for Ministerial consent did not exist.

Regardless of legal technicalities as regards the status of the Trust, my Department has been consistently clear that the Company should seek Ministerial consent and noted that the Code of Practice for the Governance of State Bodies also requires Ministerial consent in respect of any intended action which would extend or change significantly the nature, scope or scale of the activities in which it engages. A Company proposal to utilise the AGM in 2012 as a mechanism to gain Ministerial consent was rejected by officials as being procedurally incorrect.

The Department required the Company to ensure that the Trust remained non trading and without share capital until such as time as the proper consents had been secured.

In July 2014, my predecessor wrote to the Company to highlight his concerns at the approach adopted by it with regard to meeting the corporate governance standards expected of State bodies. In November 2014, I met with, and subsequently wrote to, the Company and during these exchanges again raised the issue of Ministerial consent in respect of the diaspora project.

The Company has informed me that entity known as The Irish International Diaspora Centre Trust is being wound up.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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872. To ask the Minister for Transport, Tourism and Sport if he will provide, in tabular form, the names of the directors of the International Diaspora Centre Company on the date of incorporation with the Companies Office in 2011; the persons who appointed these directors; the changes in directors from 2011 to date in 2015; if he will provide, in tabular form, a breakdown of directors' fees received by these persons; and if he will make a statement on the matter. [23217/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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​I am informed by Dún Laoghaire Harbour Company that the directors of the Irish International Diaspora Centre Trust Ltd. are appointed by the Board of Dún Laoghaire Harbour Company.

Since the Trust's establishment in 2011 the directors have been:

-Mr Seán Costelloe (former Chair of Dún Laoghaire Harbour Company);

-Mr Gerry Dunne (CEO of Dún Laoghaire Harbour Company);

-Mr Peter Brennan (director of Dún Laoghaire Harbour Company);

-Ms Eithne Scott Lennon (Chair of Dún Laoghaire Harbour Company).

I am further informed that no fee or remuneration has ever been paid to any director of the Irish International Diaspora Centre Trust Ltd. in respect of their directorship.

Dún Laoghaire Harbour Company is in the process of winding up the Irish International Diaspora Centre Trust Ltd.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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873. To ask the Minister for Transport, Tourism and Sport if he will confirm if the International Diaspora Centre Company has any employees; and if he will make a statement on the matter. [23218/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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​I am informed by Dún Laoghaire Harbour Company that the Irish International Diaspora Centre Trust Ltd. does not have any employees nor has it ever had any employees.

I am further informed by the Company that the Trust is in the process of being wound-up.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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874. To ask the Minister for Transport, Tourism and Sport further to this Deputy's previous parliamentary questions regarding the outstanding expenses to be repaid by a a former board member (details supplied) to Dún Laoghaire Harbour Company, and his reply that legal action has been initiated by the harbour company to recover this money, if he will provide the details of the date the plenary summons was served by the harbour company; if the plenary summons was lodged in the High Court; the case number issued by the Courts Service, as these documents are public documents if legal action has been initiated; and if he will make a statement on the matter. [23219/15]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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899. To ask the Minister for Transport, Tourism and Sport in view of the fact that it now appears that a board member (details supplied) of Dún Laoghaire Harbour Company claimed expenses to which that person was not entitled, if he will confirm if any proceedings have been initiated with regards to this; and if he will make a statement on the matter. [23627/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 874 and 899 together.

The payment of expense to directors is a matter for Dún Laoghaire Harbour Company in accordance with the Code of Practice for the Governance of State Bodies.  I understand that the Company has taken legal action to recover the amounts outstanding. As this matter is subject to legal proceedings instigated by the Company, it would be inappropriate for me to comment any further on it.

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