I propose to take Questions Nos. 381, 382, 402 and 416 together.
I am aware of the Labour Court recommendation in the case in question. The position is that neither my Department, nor the former Department of Community, Equality and Gaeltacht Affairs, was the employer of the staff members referred to in the Labour Court recommendation. The individuals were employed by an independent company, limited by guarantee, and had employment contracts with that company. Therefore, any employment matters are solely for the board of the company. Section 2(3) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007, provided that "The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 Terms of Employment (Information) Acts 1994 and 2001, by virtue of the provision of funding to a person or persons under any scheme." The Department, at the time, supported the company to ensure that statutory redundancy payments were made available having regard to the impact of the job losses incurred as a result of the reduction in programme funding to the company.
In the latter part of 2008, the level of service required by the then Department of Community, Rural and Gaeltacht Affairs was significantly redefined in light of development across a range of programmes and schemes, some of which were delivered by Pobal. This reduction in the level of service requirement had a consequential impact on the costs associated with the delivery and administration of programmes and had implications for Pobal. A consequence in prioritising funding for frontline services was a reduction in the services required of Pobal requiring the company to restructure its operations and reduce related staff numbers. Pobal was in a position to fund the enhanced redundancy arrangements concluded with its Union representatives from contingency funds it had accumulated over its years of operations. No direct funding was made available by the then Department of Community, Rural and Gaeltacht Affairs, the Department of Finance or any other Government Department or Body to meet the redundancies which arose from the restructuring of Pobal.