Minutes of the Commission Tuesday, 5th October, 2010 1. The sixth meeting of the Commission of 2010 took place at 7 p.m. in Room 2, Leinster House. 2. MEMBERS PRESENT. Deputy Séamus Kirk, T.D., Ceann Comhairle (Chairperson), Senator Pat Moylan, Cathaoirleach of the Seanad (Deputy Chairperson), Senator Paul Bradford, Deputy John Browne, Mr. Kieran Coughlan, Secretary General, Deputy Tom Hayes and Senator Jim Walsh. Apologies for inability to attend were received from Senator Cecilia Keaveney, Deputy Michael Mulcahy, Deputy Dan Neville and Deputy Pat Rabbitte. 3. MINUTES OF PREVIOUS MEETING. The minutes of the meeting of 7th July, 2010, were agreed by the Commission. Laptop encryption. Arising from the minutes, the Chair advised the Commission that he would now formally write to members whose laptops remain non-encrypted and advise them of the risks involved and their liability for the potential consequences in the event of equipment or data loss and request that they now return the laptops immediately to facilitate encryption. 4. REQUEST FOR SANCTION FOR LEGAL FEES IN RESPECT OF ENGAGEMENT OF COUNSEL. The Commission had before it for consideration correspondence received from the Cathaoirleach of the Seanad, Senator Pat Moylan, seeking sanction for legal fees in respect of the engagement of counsel in the defence of the proceedings on behalf of named members of the Seanad, the Select Committee on Members’ Interests of Seanad Éireann, and the Seanad [06-02a-10]. Following a general discussion on the level of fees payable to counsel, the Commission: (i) noted the expenditure incurred to date in line with the sanction received from the Secretary General in consultation with the Chair of the Finance Committee; (ii) sanctioned €59,290 (inclusive of VAT) to cover the continuation of the legal advice services required to defend these proceedings on behalf of the members of the Committee, the Committee and the Seanad; and for ancillary legal advice services to the Committee in the performance of its functions; and (iii) noted that in the event of further expenditure for legal advice services being required, the sanction of the Commission will be sought. 1 5. MEMBERS’ ALLOWANCES. Following a general update on the implementation of the new system for members’ allowances, the Commission: (i) noted that members’ expenses details from 1st March, 2010, are published to the Oireachtas website on a monthly basis since May 2010. (ii) agreed a format for the web publication of members’ attendance records under the new system – publication to commence at the end of October to cover the period from 1st March, 2010 to 30th September, 2010, and monthly thereafter [06-01-10]; (iii) noted correspondence received in relation to the implementation of the new system and agreed to remit the issues raised to the review of the new system for members’ allowances which is due to take place after its first year of operation [06-01a-10] [06-01b-10]; (iv) requested an update on outstanding issues for the next meeting of the Commission. 6. USE OF SERVICES AND FACILITIES PROVIDED OUT OF PUBLIC FUNDS FOLLOWING A DISSOLUTION OF DÁIL ÉIREANN – SECTION 4(4A) OF THE HOUSES OF THE OIREACHTAS COMMISSION ACTS 2003 TO 2009 (resumed). The Commission resumed its consideration of draft revised dissolution guidelines from the 2007 General Election, incorporating specified updated charges to be applied by the Commission, under the Commission Acts, in respect of services and facilities used during an election period by outgoing Deputies and Senator candidates contesting the next Dáil General Election [[06-03-10, 06-03a-10]. The Commission: (i) approved the updated statutory guidelines, charges and charging approach, for implementation at the dissolution of the 30th Dáil; (ii) agreed that the guidelines be circulated to all members in advance of the next Dáil General Election together with details of the actual salaries paid to their staff and that a note on the taking of annual leave by members’ staff in the election period will also be circulated to members; (iii) agreed that the guidelines be published in accordance with the Act. 7. CROKE PARK AGREEMENT – IDENTIFICATION OF SAVINGS IN THE HOUSES OF THE OIREACHTAS. The Commission noted: the Public Service Agreement 2010-14 (the Croke Park Agreement) provides the framework for delivering an ongoing reduction in the cost of public services while maintaining and improving the quality of services delivered; an Implementation Body has been established to drive this reform process and submissions to this Body on behalf of the Oireachtas will be made following the Commission meeting and following consultation with the unions; the objective of the Agreement is the transformation of public services – i.e., the need to maintain or improve services and for less cost. In return there is potential to reverse pay reductions (for staff earning €35k or less). This is part of the ongoing process of constraints on public expenditure and public service reform. The Commission further noted that it is important to place in context this current exercise which is part of a now familiar ongoing exercise of achieving cuts in its administrative costs and members’ 2 expenditure since the start of the financial crisis in the autumn of 2008 – effected by the staff moratorium, budgetary cuts in pay and pension levy and the An Bord Snip exercise which essentially is a saving in staff numbers projected to the end of 2012. The Commission also noted that the savings identified for the Implementation Body are in addition to savings already achieved in our Estimates processes over the past two years as well as the further savings which are currently being identified as part of the 2011 Estimates process to be presented to the Commission shortly. Following a general discussion in the matter, the Commission: (i) noted the measures for potential savings which have been identified by the Houses of the Oireachtas Service in relation to administrative budgets; (ii) noted the potential to achieve further savings in items which are within the control of the political system; (iii) agreed that where cutbacks are being considered, the key objective, cutting across both political and administrative systems, should be to protect the services which are essential for the maintenance of the core parliamentary business and associated services to Members; (iv) requested that the letters issued by the Secretary General on 25th May, 2010, to the Party Whips, the Seanad CPP and the Working Group of Committee Chairmen, proposing that they examine ways of achieving efficiencies in the scheduling of the business of the Houses and Committees, re-issue. 8. SECURITY OUTSIDE THE GATES OF LEINSTER HOUSE. The Commission was briefed on the security arrangements outside the Gates of Leinster House, responsibility for which vests in the Garda Síochána who report on same to the Committee on Procedure and Privileges as required. The Commission requested that every effort be made to ensure access and egress for members and staff is facilitated when demonstrations are taking place outside the Gates. 9. ANY OTHER BUSINESS. Parliamentary Legal Advisor maternity leave cover The Commission noted the arrangements implemented by the Secretary General under delegated sanction for the Office of the Parliamentary Legal Advisor to ensure the continued provision of high quality legal advice services to the Houses and their members for the duration of extended absences which are expected to arise in that section shortly. SÉAMUS KIRK, T.D., Ceann Comhairle and Chairperson of the Commission. Dated: 3.