CONTENTS

DÁIL ÉIREANN

SEANAD ÉIREANN

NEWS

COMMITTEE MEETINGS

DEPARMENTS OF STATE

CONSULTATION PROCESS

DÁIL ÉIREANN

Tuesday

2.30pm Questions ()

3.15pm Questions (Minister for Social Protection)

4.15pm Leaders Questions

4.36pm Order of Business

Finance Bill 2011 - Order for Second Stage and Second Stage (Department of Finance)

7pm Private Members

Wednesday

10.30am Leaders Questions

10.51am Questions (Taoiseach)

11.36am Order of Business

Finance Bill 2011 - Second Stage (Resumed to conclude at 7pm) (Department of Finance)

Child Care (Amendment) Bill 2009 (Seanad) - Report Stage Resumed (Department of Health and Children)

1.30pm SOS

2.30pm Questions (Minister for Tourism Culture and Sport)

3.45pm Afternoon Business Continued

7pm Private Members Business

Thursday

10.30am Order of Business

Motion re Local Government (Mayor and Regional Authority of ) Bill 2010 (to conclude within 1 hour) (Department of the Environment Heritage and Local Government)

Local Government (Mayor and Regional Authority of Dublin) Bill 2010 - Order for Report, Report and Final Stages (to adjourn at 1.30pm if not previously concluded) (Department of the Environment, Heritage and Local Government)

Criminal Justice (Community Service) (Amendment) Bill 2011 - Order for Second Stage and Second Stage (Department of Justice and Law Reform)

3.30pm Questions (Minister for Environment Heritage and Local Government)

SEANAD ÉIREANN

Tuesday

2.30pm Order of Business

Student Support Bill 2010 - Committee and remaining stages (Department of Education and Skills)

Wednesday

10.30am Order of Business

Tributes to former member Seamus Dolan (RIP)

Greyhound Bill 2011 - Committee and remaining stages (Department of Agriculture, Fisheries and Food)

Statements the national monument at 14-16 Moore Street (Department of Environment, Heritage and Local Government)

5pm Private Members Time (Labour Senators) Whistleblowers Protection (No 2) Bill 2010 (Senator Alex White and all Labour Senators)

Thursday

10.30am Order of Business

Criminal Justice (Public Order) Bill 2010 - Second Stage (Department of Justice and Law Reform)

COMMITTEES

On Tuesday, the Committee on European Affairs will meet to discuss matters related to the terms of the loans agreed with Ireland under the European Financial Stability Facility (EFSF) and the European Financial Stability Mechanism (EFSM). On Wednesday, the Committee on Finance and the Public Service will meet to discuss the Central Bank report „Review of Remuneration Policies and Practices in Irish Retail Banks and Building Societies‟. On Thursday, the Committee on Public Accounts will meet to discuss the 2009 Report of the Comptroller and Auditor General including the 2009 Appropriation accounts.

Tuesday January 25

The Committee on European Affairs will meet in Committee Room 4, Leinster House at 2pm.

Agenda: Matters related to the terms of the loans agreed with Ireland under the European Financial Stability Facility (EFSF) and the European Financial Stability Mechanism (EFSM) [Professor Karl Whelan, UCD School of Economics]

The Committee on Health and Children will meet in Committee Room 2, Leinster House at 2.15pm.

Agenda: Update on the Enquiry Report on the Human Rights Issues Arising from the Operation of a Residential and Day Care Centre for Persons with a Severe to Profound Intellectual Disability [Representatives of the Irish Human Rights Commission]

The Select Committee on Justice, Defence and Women’s Rights will meet in Committee Room 1, Leinster House at 2.30pm.

Agenda: Property Services (Regulation) Bill 2009 [Minister of State at the Department of the Environment, Heritage and Local Government]

The Committee on the Environment, Heritage and Local Government will meet in Committee Room 3, Leinster House at 3.30pm.

Agenda: (i) Kerdiffstown dump [Mr. Brian McGeever, Chairperson; Mr. Joe Griel, PRO, Clean Air Naas Committee]; and (ii) 2009 Annual Report [Dr. Mary Kelly, Director General, Environmental Protection Agency]

Wednesday January 26

The Committee on the Constitution will meet in Committee Room 3, Leinster House at 9.30am.

Agenda: Private Meeting

The Committee on Communications, Energy and Natural Resources will meet in Committee Room 1, Leinster House at 9.45am.

Agenda: Submissions in relation to the Communications Regulation (Postal Services) Bill 2010 [Representatives from An Post; and Communications Workers' Union]

The Committee on Agriculture, Fisheries and Food will meet in Committee Room 4, Leinster House at 11.30am.

Agenda: Role and operational matters of Horse Racing Ireland [Representatives from Horse Racing Ireland]

The Committee on Finance and the Public Service will meet in Committee Room 2, Leinster House at 2pm.

Agenda: Central Bank Report: Review of Remuneration Policies and Practices in Irish Retail Banks and Building Societies [Mr. Patrick Honohan Governor, Central Bank]

The Committee on Tourism, Culture, Sport, Community, Equality and Gaeltacht Affairs will meet in Committee Room 4, Leinster House at 2pm.

Agenda: The consumption of alcohol in Ireland and the sponsorship of sport by the alcohol industry [Alcohol Action Ireland]

The Committee on Transport will meet in Committee Room 1, Leinster House at 3.45pm.

Agenda: Overall aviation policy for the country [Dublin Airport Authority (DAA)]

Thursday January 27

The Committee on European Scrutiny will meet in Committee Room 4, Leinster House at 9.30am.

Agenda: Scrutiny of EU Legislative Proposals - consideration of new proposals.

The Commission on Public Accounts will meet in Committee Room 1, Leinster House at 10am.

Agenda: 2009 Annual Report of the Comptroller and Auditor General: Chapter 36: National Treatment Purchase Fund; and 2009 Appropriation Accounts: Vote 39 – Health and Children Vote 41 – Office of the Minister for Children; National Treatment Purchase Fund – TBC [Mr. Michael Scanlan, Secretary General, Department of Health and Children; and Mr. Pat O'Byrne, CEO, NTPF]

TheCommittee on Education and Skills will meet inCommittee Room 2, Leinster House at 10am.

Agenda: FÁS / FETAC Annual Reports (inc Annual Monitoring and Certification Reports) [Representatives from FÁS; and FETAC]

NEWS

Non-civil servant special adviser salaries and expenses

The Public Service Management Act, 1997 provides for the appointment of two Special Advisers to assist Ministers in performing their roles and achieving the objectives of Government. Special advisors are paid a salary and may also claim travel and subsistence expenses in accordance with relevant Department of Finance Circulars, the details of which are considered personal to the individuals concerned. Parliamentary questions asked each department as to the number of non-civil servant special advisors per department, their salary level and expenses claimed.

An Taoiseach stated that in his department four special advisors will be paid a total of €508,649 in 2011. The total figure for 2010 amounted to €754,688, which was paid to six advisors. €1,882.41 was claimed in expenses by one of those advisors in 2010.

John Gormley gave details for the Department of the Environment, Heritage and Local Government of four special advisors hired by his department for the period 2009 to 2011. For the present year, the sum payable to the same four advisors will amount to €443,346, with the highest earner set to receive €168,000 in 2011. Furthermore, expenses claimed by two of those advisors in 2010 amounted to €6,932.

In response to the question, Batt O‟Keefe gave details for the Department of Enterprise, Trade and Employment of the salaries and expenses paid to three special advisors. While no figure was given detailing the salary rates for 2011, the Minster announced that each of the three advisors would be paid between €66,179 and €77,520, €86,168 and €100,191 and between €80,051 and €92,672 respectively for 2009 and 2010. At the highest end of the scale then the three advisors could cost the department €270,383 in salary payments. Two of those advisors also claimed expenses totalling €13,684.69 in 2009 and three claimed €10,912.14 in 2010.

Mary Harney outlined details of two special advisors for the Department of Health and Children with the total of the salaries provided to these advisors being €262,701 for 2010. This is the same amount set to be paid to special advisors in 2011. In 2009, €285.096 was paid to non-civil servant advisors. Expenses claimed by these advisors were €7,146 in 2009 and €5,972 in 2010.

Noel Dempsey stated for the Department of Transport that two advisers for the current year will receive a total of €191,908. Three advisors in 2010 earned a total of €253,874; one of the three was paid €61,966 for a temporary contract to cover a press adviser on maternity leave. Expenses claimed by two of these advisors reached a sum of €6,161.73 for 2010.

Dermot Ahern for the Department of Justice and Law Reform announced that two advisors within his department are paid at the Principal Officer Standard Scale which stands at €80,051 to €98,424.

Micheál Martin stated for the Department of Foreign Affairs that there were two special advisors for the department, one of which earned €103,389 in 2009 and €95,550 in 2010. The other advisor earned €84,132 since the 6th of September 2010 to date.

The Minister for Social Protection Éamon Ó Cuív detailed salaries of three special advisors. One of those advisors earned between €80,051 and €92,672 in 2010, the second earned between €80,051 to €92,672 for the same period, and the third earned between €80,051 and €92,672 since May 2010 to date. Expenses for 2010 stood at €166.11.

The Minister for Tourism, Culture and Sport, detailed that she has one special advisor who was hired in March 2010 and earns the Principal Officer (Standard Scale) for the civil service. This scale ranges from €80,051 to €98,424.

The Minister for Agriculture and Food, Brendan Smith has hired one media advisor for the years 2009, 2010 and 2011. In 2011, this advisor has earned €8,578.62 to date and earned a total of €111,743.20 along with €1,243.73 in expenses for 2010.

Pat Carey for the Department of Community, Rural and Gaeltacht Affairs gave details for four special advisors for the years 2009, 2010 and 2011. Two advisors have earned €12,274 so far in 2011 and they earned €114,402 in 2010. Total expenses for this year amounted to €1,574.

Within the Department of Communications, Energy and Natural Resources, three special advisors are indicated to be paid a total of €279,122 in the present year. For 2010 the same advisors were paid a marginally smaller figure of €279.032. Expenses claimed by two of those advisors in the year 2010 amounted to €5,078.

The Minister for Education and Skills, Mary Coughlan announced details of two special advisors hired by the department. The salary scale of one of those advisors was the Principal Officer Higher (€85,957 to €105,429) and for the other, the salary scale was that of Principle Officer (€80,051 to €98,424). Expense claims amounted to €7,832.65 in 2010 and to €584.39 in 2011 to date.

The Minister for Finance, Brian Lenihan hired two advisors since his appointment as minister in 2008. One of those advisors is being paid €131,308 per annum while the other is paid between €84,066 and €103,982 per annum.

The Department of Defence failed to respond to the posed question.

Legislative agenda curtailed

In light of the recent development of a minority Government, the limited legislative agenda that the Chief Whip, John Curran set out last week is likely to be significantly curtailed. At that time, it was stated that “the Government partners are committed to the full enactment of the Finance Bill and other Budget related pieces of legislation including the Public Service Pensions (Single Scheme) Bill, the Betting (Amendment) Bill and the Social Welfare (Miscellaneous Provisions) Bill.”

Given opposition focus on the Finance Bill, the other pieces of budget related legislation will likely fall with the Government. As will the following bills that have already commenced in the :

Local Government (Mayor and Regional Authority of Dublin) Bill 2010 Criminal Justice (Public Order) Bill 2010 (Vagrancy) Communications Regulation Postal Services Bill (Seanad) Nurses and Midwives Bill 2010 Child Care (Amendment) Bill 2009 (Seanad) Welfare of Greyhounds Bill 2010 (Seanad) Criminal Law (Defence and the Dwelling) Bill Construction Contracts Bill 2010 Multi-Units Development Bill 2009 Student Support Bill 2008

Bills that have been published but will not see debate or enactment under the current Government include the Environment (Miscellaneous Provisions) Bill, Climate Change Response Bill, Criminal Justice (Community Service) (Amendment) Bill, the Residential Tenancies (Deposit Retention Schemes) Bill and the Bretton Woods Agreements (Amendment) Bill.

Legislation planned for publication but has not been published as of this date include the Criminal Justice Bill (White Collar Crime); the Electoral (Amendment) Bill (Corporate Donations); the NAMA Amendment Bill; and the Patents (Amendment) Bill.

From the archive

Oireachtas reform has been one focus of attention this week with calls for an end of “parish-pump” politics. Strengthening local governance has been argued as one method of reducing TD‟s engagement with local constituency issues. In Local Government: reforms amidst storms (PAI Journal 70 June-July 2010), Kevin Dillon and Sein Ó Muineacháin discuss recent developments and reform options in local government. Subscribers may access the article here.

DEPARTMENTS OF STATE

Mandatory Disclosure of Certain Transactions Regulations 2011 (S.I. No. 7 of 2011) under section 149 of Finance Act 2010 have been created.

Mandatory Disclosure of Certain Transactions Regulations 2011 (S.I. No. 7 of 2011) under section 149 of Finance Act 2010 have been created. Section 149 of the Finance Act 2010 inserted a new Chapter into Part 33 of the Taxes Consolidation Act 1997 (which deals with certain anti-avoidance provisions) relating to a new Mandatory Disclosure regime.

The legislation places obligations on promoters of certain tax related transactions to give details of those transactions to the Revenue Commissioners explaining how the transaction/scheme is intended to work. The transactions affected are those that have as a main benefit the obtaining of a tax advantage and that match certain features set out in the Regulations. The main objective of the disclosure regime is to alert Revenue of tax avoidance schemes that may be unacceptable so that such schemes can be closed down by legislative action.

The Regulations, made with the consent of the Minister for Finance, set out various operational aspects of the disclosure regime, including the information to be disclosed and the manner in which it is to be provided, the time by which it must be disclosed, the classes of transaction that come within the disclosure requirements and the circumstances in which a person is not to be considered a promoter.

The information has to be provided within tight timescales (generally within 5 working days of a scheme being first marketed or made available for use by a person) and severe penalties will apply where a person fails to meet their obligations in that regard.

In certain limited circumstances, a user of such schemes is required to provide the information i.e. where the promoter is offshore, where the promoter claims legal professional privilege or where the user has entered into a scheme not involving a promoter.

New pensions board has first meeting

The Minister for Social Protection, Éamon Ó Cuív attended the first meeting of the Pensions Board which was appointed after the term of office of the previous Board ended in December 2010. The Board takes up office for a 5 year period.

The Pensions Board is responsible for the monitoring and supervising of the occupational pensions industry, the operation of the Pensions Act and pension developments generally. It provides information and guidance to trustees of pension schemes and it also advises the Minister. Minister Ó Cuív stated that the board represents a balance of interests between those working in the pensions industry and members of society with a common purpose, which is to ensure that the individual pension rights of members will continue to be safeguarded.

Minister Ó Cuív said: "One of the immediate challenges for the Board will be dealing with the security of occupational pension schemes, many of which have funding problems because of the difficult economic conditions. I recently announced the Government's intentions to introduce sovereign annuities which will assist defined benefit pension schemes by providing greater opportunities for Irish pension schemes to invest, not just in Irish bonds but in Ireland. Work is also underway on proposals for a restructured defined benefit model, as outlined in the National Pensions Framework, which is the Government's plan for sustainable pension provision in Ireland for the years ahead."

The New Board is as follows: Ms. Jane Williams (Chairperson)* - The Sia Group Ms. Rosalind Briggs – Mercer Human Resources Consulting Ms. Noreen Deegan - Friends First Mr. Kevin Finucane - Willis Ireland Mr. Brendan Johnston - Zurich Life Assurance plc Ms. Patricia Murphy – Department of Social Protection Mr. Terence Noone – DHKN Chartered Accountants Prof. John McHale - National University of Ireland Ms. Emer O Flanagan** - O'Driscoll O'Neill Ltd Mr. Don O'Higgins – IBEC Mr. Phelim O Reilly – Attain Consulting Ltd Mr. David Owens** - Department of Finance Ms Rachael Ryan – SIPTU Ms. Mary Walsh – Chartered Accountant Mr. Niall Walsh**- Deloitte Mr. Robin Webster - Age Action Ireland

*Re-appointment as Chair ** Re-appointment as ordinary members