Ref: S0907871
Mr. Ted McEnery,
Clerk to the Committee,
Committee of Public Accounts,
Leinster House,
Dublin 2.
December 2009
Dear Ted,
I refer to the Secretariat’s letter of 27th November 2009 arising from my appearance
at the Public Accounts Committee in relation to Special report 67 of the Comptroller
and Auditor General. At the Committee hearing on the 19th November I undertook to
supply the Committee with further information on a number of issues raised during
the Committee’s examination. I set out below information in regard to the issues
raised at the hearing.
1. Administrative Staff Numbers and Costs in the Commission
Current Commission Staff
The Chair of the Commission is a High Court Judge who is now returned to work in
the High Court. The Commissioners were paid at the rate of the Assistant Secretary
salary scale of €131,748 - €150,712. Following completion of their report
arrangements have been made to take the Commissioners off the payroll. It is
intended to pay them on a per diem rate as their services are further required.
The staff of the Commission as at 9 December 2009 comprise permanent civil
servants as well as contract staff. The following are permanent civil servants assigned
to the Commission and will be redeployed or will return to their parent Department at
the end of the work.
Principal officer (Acting)
Salary Scale €90,702 - €112,191
Higher Executive Officer*
Salary Scale (pre 1995) €46,558 - €59,097
Higher Executive Officer (Acting)
Salary Scale (post 1995) €49,007 - €62,210
Executive Officer
Salary scale €32,179 - €51,054
* Returning to parent Department January 2010
The following are contract staff whose services will not be required beyond the
dissolution of the Commission at the latest.
IT Systems manager (part-time)
2 Clerical support (part-time)
1 Legal Cost (full-time)
1 Administration (full-time)
1 Document Cataloguing (part-time)
€75,840 per annum
€17,000 per annum
€34,527 per annum
€31,080 per annum
€18,186 per annum
2.Vaccine Trials - Background details on the decision to assign the work to the
Commission.
The Commission to Inquire into Child Abuse was established under the terms of the
Commission to Inquire into Child Abuse Act, 2002. Under Section 4 (4) (a) of that
Act, “the Government may, if they so think fit, after consultation with the
Commission, by order confer on the Commission and the Committees such additional
functions or powers connected with their functions and powers for the time being as
they consider appropriate”.
The chief medical officer of the Department of Health and Children, Dr. Jim Kiely,
was asked to investigate a number of vaccine trials which had been undertaken on
children in care in Ireland in the 1960s and 1970s. His report, “Report on three
Clinical Trials involving babies and children in institutional settings 1960/61, 1970
and 1973”, was laid before both Houses in November 2000.
Experimental trials of a 4-in-1 vaccine (DPT and Polio) were conducted on 123
children and babies, both in institutional settings and in family home settings, by the
multinational Wellcome drug company.
The Attorney General advised the Minister for Health and Children, and the
Taoiseach that the subject matter of the chief medical officer's report falls within the
definition of “abuse” in the 2000 Act and that the commission had the competence to
inquire into the vaccines report. The Minister for Health and Children brought the
matter before the Dáil in November 2000 indicating that the vaccines reports would
be referred to the Laffoy Commission. Arising from discussions between the Attorney
General and the Laffoy Commission it was subsequently decided that for the purposes
of clarity and certainty, the parameters of the inquiry into the Chief Medical Officers
Report be incorporated into a Government Order.
On 17 May 2001, an Order was laid before both Houses of the Oireachtas by the
Minister of Health and Children and following further debate was subsequently
approved. Statutory Instrument No. 280 of 2001 entitled ‘Commission to Inquire into
Child Abuse Act, 2000 (Additional Functions) Order, 2001’ included within the remit
of the Commission to Inquire into Child Abuse the scope to investigate vaccine trials
conducted in 1960/1, 1970 and 1973.
A number of public hearings were carried out by the Vaccine Trials Division of the
Commission into the issue, following referral to the Commission by the Minister for
Health and Children, in June, 2001.
Judicial Review proceedings seeking, inter alia, a declaration that the Order which
established the Vaccine Trials Inquiry was ultra vires the Act of 2000 (establishing
the Commission itself), were initiated in November, 2003. In June 2004 the Order was
deemed ultra vires the Act (i.e. invalid) by the High Court.
The Vaccine Trials Division had given a commitment not to conduct any hearings
within the ambit of the Order until the matter was settled – the work of the Division
was never re-commenced following the decision of the High Court.
In February 2005 the Minister for Health and Children decided that no further inquiry
would be conducted and that the S.I. would be revoked.
3. Payment details
A note on the public employment of Professors (Meenan and Hillary) who took legal
action against the Commission in respect of the vaccine trials
Professor Patrick Meenan was one of the co-authors of the results of the first trial
(which took place in 1960/61) which were published in the British Medical Journal.
Professor Meenan was, during his career, Director of Pathology in St. Vincent’s
Hospital, Professor of Microbiology, UCD, Dean of Medicine, UCD and Chairman of
the Medical Council. He retired in 1989.
Dr. Irene Hillary was Assistant Lecturer in Medical Microbiology in UCD 1961 and
had worked on the trial with Professor Meenan. It is understood she retired in 1993.
4.
Copy of NUI Contract -Pension Issues
A copy of the employment contracts of the lecturer, who had dual employment from
both Athlone Institute of Technology (AIT) and National University of Ireland –
Galway (NUIG) are attached at Appendices one and two to this letter.
The matter of dual accrual of pensions was discussed at the meeting.
The governing pension scheme for Athlone Institute of Technology (AIT) is the Local
Government (Superannuation) (Consolidation) Scheme 1998 to 2007. By virtue of
the Education Sector Superannuation Scheme (Transfer of Departmental
Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001) this is
known as the Education Sector Superannuation Scheme in the case of institutes of
technology.
The 1998 Scheme (S.I. No. 455 of 1998) prohibits the payment of benefits arising
from dual reckoning of pensionable service during the same period. Article 62(1)
provides, inter alia, that–
“A provision of articles 62 to 85 entitling a registered officer to reckon as service any
period shall be subject to the overriding qualification that he or she shall not be
entitled so to reckon a particular period more than once nor shall he or she be
entitled so to reckon any of the following:
(a)
[…]
(b) (i) any period in respect of which he or she has already received a lump sum, an
allowance or a gratuity under this Scheme or any other scheme relating to
superannuation or under any Act relating to superannuation service for the purposes
of which is capable of being reckoned under this Scheme, unless, in the case of a
gratuity, having been entitled to repay such gratuity, he or she has done so, or
(ii) any period in respect of which he or she has already been granted a preserved
pension or preserved lump sum under any scheme or Act relating to superannuation”.
When the lecturer in question claims benefits in due course under the pension
schemes of AIT and National University of Ireland, Galway (NUIG), he must elect as
to which service is be reckoned where there is an overlapping period which exceeds
what a wholetime equivalent person could have reckoned. A letter was sent by AIT
and NUIG to the lecturer in question on 9 December 2009 in relation to his deferred
benefits in each pension scheme, explaining the prohibition on dual reckoning of
service and requesting him to elect as to which service he wishes to reckon. The
simultaneous service in the other institution will be discounted and he will be entitled
to a refund of his contributions for those years. In the event that he does not make an
election within a specified period of time, he will be deemed to have withdrawn his
service for the overlapping period with AIT. This is because it is AIT’s pension
scheme which contains the prohibition on dual reckoning and a similar provision is
not contained in NUIG’s scheme.
At present the lecturer has a deferred benefit from Athlone Institute of Technology
which would be calculated at rates in force at the time of retirement. Based on current
rates this would mean a lump sum of €28,744.40 and an annual pension of €6,802.74.
In the case of NUI Galway, he has a deferred annual pension of €6,156 or, in the
alternative, a lump sum worth €19,690 and an annual pension of €3,968. The pension
accrued for Athlone is a higher sum as it arises from a longer period of service and a
higher final salary.
This Department has consulted with the Department of Social and Family Affairs on
the issue of PRSI contributions. That Department has confirmed that the approach
taken whereby a Class A (or full) PRSI contribution was deducted in respect of each
employment in the overlapping period is correct. A person who works in a number of
different employments will be insurable at Class A in each. However, only one
contribution will be recorded on their record with the Department of Social and
Family Affairs.
5. Pension provisions
I undertook to provide information to the Committee on university pension schemes
and the arrangements that are in place for notional added years.
Background
Added years for pension purposes can arise through granting ill-health or death
benefits, or granting professional added years on the basis of invoking a discretion or
applying a set of stated rules. The following material deals with granting of additional
pensionable service in the nature of professional added years and issues in relation to
benefits for ill-health retirement, death in service or death post-retirement do not form
part of what follows.
The granting of notional added years of pensionable service to certain public servants
in professional, technical and other grades is a feature of public service pension
schemes. The notional added years are intended to compensate for the inability of
individuals in such positions to qualify by maximum retirement age for a full pension
based on 40 years’ service. Professional added years were introduced in the 19th
century as an aid to recruitment. They are applied mainly within the local authority,
health and university sectors to designated professional grades and academics,
respectively.
The five older universities (Trinity College Dublin, University College Dublin,
University College Cork, NUI Galway and NUI Maynooth) all have pension funds
from which members’ retirement lump sums and basic pensions are paid. Postretirement increases are paid for by the State through the universities’ core grants.
The two newer universities – DCU and UL – operate unfunded pension schemes
based on the public sector model scheme.
Since 2004/2005, the five older universities have closed their funded pension schemes
and new appointees become members of the unfunded schemes based on the
Department of Finance public service model scheme. While the unfunded schemes
also permit the award of professional added years, the requirements are considerably
stricter and must be implemented in line with Department of Finance circulars. It is
confined to situations where, by reason of the requirements to be appointed to a post,
a person could not have 40 years service before maximum retirement age or by 65
years of age in the case of a new entrant appointed on or after 1 April 2004. The
scheme provides for the awards of up to five added years for essential qualifications
and/or experience. Awards are confirmed at point of retirement. The unfunded
schemes reflect the current approach on professional added years throughout the
public sector.
The UCD, UCC and NUIG pension schemes were established under the Universities
Act 1908, are based in university statutes and their current funds date from the 1960s.
The TCD pension scheme is established in deeds of trust and dates from 1972. The
NUI Maynooth scheme dates from 1974 and split from the Pontifical University,
Maynooth scheme in 1997. Prior to the Universities Act 1997, the State did not have
a role in approving the pension schemes of the five older universities.
The Fifth
Schedule to the Universities Act 1997 confers on the Higher Education Authority
(HEA) a function to approve university pension schemes, subject to the consent of the
Ministers for Education and Science, and Finance.
Under the Pension Acts and the 2003 EU IORPS Directive, funding requirements are
set down for funded defined benefit pension schemes. In 2005, four out of five of the
funded university pension funds were in deficit. In 2008, all five were in deficit.
While the trustees had taken certain measures to ease pressure on those funds, a
longer-term solution was needed. The Government agreed in April 2008 that the
funded pension schemes of the universities should be wound up, by agreement with
the trustees/administrators, and the assets and liabilities of the schemes should be
taken over by the State.
That decision was subject to a pre-condition that, pending the finalisation of the
legislative provisions for the handover of the assets and liabilities to the State, the
universities and the trustees/administrators of the funded pension schemes would
continue to take all possible action to ease pressures on the pension funds to the
greatest extent possible in the intervening period. This was communicated to the
universities by the Departments of Education and Science, and Finance and the HEA.
In order to give effect to the Government decision, the Financial Measures
(Miscellaneous Provisions) Act was enacted in June 2009 and enables the transfer of
the pension funds of the five older universities, amongst others, to the National
Pensions Reserve Fund on the making by the Ministers of transfer orders for each
pension fund.
Section 7 of the 2009 Act provides for the continuation of the relevant pension
schemes after the transfer of the pension funds. Under section 11, all discretions in
the pension schemes of the five older universities continue in effect after the date of
effect of the relevant transfer order but, from that date, the discretions will transfer to
the Ministers for Education and Science and Finance, who will exercise them acting
jointly.
Discussions have taken place between the five older universities the Higher Education
Authority (HEA) and the Departments of Education and Science, and Finance in the
context of the transfer of their pension funds. In the course of those meetings, issues
were raised as to what is in the nature of a discretion and what is an entitlement. This
has proven to be complex and what may appear, prima facie, to be a discretion may,
in certain circumstances, through written statements or commitments become a de
facto entitlement. The advice of the Office of the Attorney General is that, where the
exercise of a discretion has through statements made or commitments given become a
de facto entitlement, a variation in that established practice where staff would suffer
an unavoidable loss as a result would be problematic. Where the matter remains a
discretion, its exercise by the Ministers following the transfer will depend on the level
of funding available at the time and the potential cost into the future.
Work is underway or completed with each of the universities to identify all sets of
circumstances where de facto entitlements arise. The Act permits the Ministers to
delegate the exercise of a discretion to the HEA or the governing body of the
university concerned. The development of a framework that will consider the future
exercise and delegation of discretions will be also be discussed with the universities in
due course. As part of this, each university will be considered on an individual basis,
in the light of the budgetary situation applying and other relevant factors.
Throughout this process the universities have been told that it was a pre-condition of
the agreement to transfer that, pending the transfer of the pension funds, the
universities would continue to take all possible action to ease pressure on the pension
funds.
Pension funds to be Transferred before end of 2009
The pension funds for Trinity College Dublin and NUI Maynooth will transfer to the
National Pension Reserve Fund on 31 December 2009. The State has had detailed
discussions with these universities to reach an agreed position on the application of
discretions in their pension schemes.
Trinity College Dublin
Added years at 65 years of age
Trinity College’s pension scheme permits the award of added years at 65 years of age.
Years equivalent to 1/3 of service given in TCD may be added subject to the
requirement that retirement is not before normal pension age, that at least 5 years
service have been completed and subject to a maximum added years award of 10
years and an overall maximum of 40 years pensionable service. While this appears to
be a discretion, written commitments were given by the College or Trustees to serving
members in this regard, often at the point of appointment, and annual pension benefit
statements included the award of the added years which were calculated at the
beginning of a person’s employment. In addition, some staff were informed that they
did not have scope to make additional voluntary contributions (AVCs) as, on the basis
of the grant of added years, they would be receiving the maximum pension allowable
under Revenue rules. Trinity College’s view is that these have become de facto
entitlements. The Department of Finance, with the agreement of the Department of
Education and Science, has informed Trinity that the Departments do not propose to
seek to amend those commitments on transfer to TCD pension fund under the 2009
Act.
Retirement before normal pension age
Normal retirement age in Trinity College Dublin is 30th September following a
member’s 65th birthday. Under Trinity College’s pension scheme, if a member has 30
or more years’ service the Board of Trinity College may, in its discretion, deem the
normal pension age to be 30th September following the member’s 60th birthday. This
gives the college discretion to award pension benefits at 60 years of age without
actuarial reduction and also to award added years on the same basis as described
above. Upon advice from the trustees, the application of this discretion to permit
retirement at age 60 and to award added years in favour of members was suspended in
2003. The legal position is that this discretion will be vested in the Ministers
following the transfer of the fund and the college has been so informed.
National University of Ireland, Maynooth
65 years of age is the normal pension age in NUI Maynooth. Those retiring at not less
than 60 years of age have an entitlement to added years on the same basis as Trinity
College (one third of service subject to a maximum of 10 added years) but this is
available to a more limited group of people – only academic and senior administrative
grades. It is not available to staff described as “General category” (eg security,
catering, grounds staff, telephonists, etc). For those appointed before 1 October 1981
the right to added years is considered a strict entitlement under the relevant statute.
NUI Maynooth has informed the Departments that, in practice, added years have
always been applied to those eligible and therefore is considered an entitlement. For
those who retire between 60 and 65, while there can be an award of added years they
are subject to an actuarial reduction to reflect the fact that the person is leaving before
normal pension age. The Departments of Finance, and Education and Science, have
not sought to amend commitments on transfer of the NUI Maynooth pension scheme
under the 2009 Act.
In 2002, on the basis of professional advice, the university had announced that those
over 60 years but under 65 years could retire without actuarial reduction subject to
certain conditions. This was intended to bring NUIM into line with comparable
universities. It was subsequently suspended by the trustees due to the deficit in the
pension scheme but was subsequently reintroduced. The facility was withdrawn
earlier this year and existing members who were affected by this were offered access
to the Incentivised Scheme for Early Retirement.
PENSION FUNDS TO BE TRANSFERRED IN FIRST QUARTER 2010
The Departments of Finance and Education and Science and the HEA have had
meetings with UCD, UCC and NUI Galway regarding the transfer of their pension
funds which is expected in the first quarter of 2010. Preparatory work in advance of
that transfer is ongoing at the moment. The three universities are operating what they
consider to be de facto entitlements The Departments of Finance, and Education and
Science, are examining these practices and the existing rules of the scheme and will
confirm their intentions for post transfer operation with the universities prior to the
transfer of the schemes under the Act.
University College Dublin
When computing pensionable service of members of the pension scheme, the
governing body of UCD has a discretion to award added years as it thinks fit,
provided that the person in question has special qualifications and experience before
joining UCD which have been recognised by a resolution of the governing body. The
award of added years is applied to academic and non-academic staff and may be given
where a person has undertaken education, training or experience relevant to their work
prior to taking up service with the college.
The number of added years must not exceed 1/3 of actual full-time service with UCD
and is subject to an overall maximum pensionable service of 40 years. The governing
body may only award added years in respect of full-time service before joining the
College staff and which was not transferred to the College’s pension scheme or for
which the person has been awarded a pension benefit. A reduction is applied where a
person has previous pensionable service elsewhere in the public or private sectors.
Any years granted are subject to a charge of 1% of retiring salary per year of service
granted.
UCD has operated the added years provisions of its pension scheme on the same basis
since the adoption of the university statute in 1977. Eligible staff are generally
awarded added years. Added years awards are only confirmed at retirement.
Normal pension age in UCD is 60 years of age and if a person leaves before then, any
pension awarded is subject to actuarial reduction.
The UCD Pension Scheme also contains a provision permitting the granting of
entitlements to a member who, in the interests of the College, retires after at least 15
years service. UCD has informed the Departments that this provision is no longer in
use.
With regard to the reference at the meeting of the Committee of Public Accounts that
staff in UCD who were in the process of retiring were being granted added years,
UCD has informed the Department that the persons in question were granted added
years at UCD’s Governing Authority meeting of 18 November 2009. UCD has also
informed the Department that these individuals were regarded by UCD as having a de
facto entitlement to added years.
University College Cork
UCC operates a professional added years scheme similar to an older scheme operated
across the public service.
Academic staff members appointed to the grade of College Lecturer B/B and above
are eligible for professional added years. Administrative Staff appointed to the grade
of Admin III (Grade 6) and above are also eligible (irrespective of whether or not it is
an external or internal appointee). Staff appointed on all other scales are not eligible
for added years. In addition any staff members appointed on a personal rate are not
eligible for the application of added years (research staff for example would fall
within this category).
Added Years are not granted until retirement and while all benefit statements show a
potential amount of added years for the relevant category of staff, the statement
confirms that years will not be granted if all the criteria are not met. Any years
granted are subject to a charge of 1% of retiring salary per year of service granted.
An individual resigning prior to retirement will not be granted added years.
Under the scheme rules an individual can receive up to 10 professional added years at
age 65 (normal retirement) and this is reduced by 1 year for every year that an
individual retires early so that the maximum number of years that can be granted at
age 60 is 5 added years. The number of years granted is limited by total service not
exceeding 40 full-time years (if always full-time) or the lower maximum for someone
with part-time service (ie maximum service for a part-time person (50%) is 20 fulltime years assuming the individual was always part-time). In addition the number of
years granted cannot exceed one third of service (actual and transferred but excluding
any purchased service).
A number of caveats attach to the granting of added years including the following:



In order that the full amount of added years will be granted, all
transferrable service must be transferred into UCC’s Pension Scheme
Any individual with prior reckonable temporary service in UCC must
pay all contributions due in respect of such service before
professional added years will be granted
Added years are not granted to compensate for any periods of unpaid
leave

Added years are not granted to compensate for any periods of less
than full-time service; ie the maximum number of added years that
will be granted will be pro rata to the wholetime equivalent
UCC has informed the Departments of Finance and Education and Science that, while
the granting of added years is at the discretion of its Pensions Committee, in practice
once an individual falls within the framework and satisfies all the criteria then he or
she will be granted professional added years on retirement.
Academic staff members appointed to a statutory post prior to 8th July 1986 are
eligible by virtue of Statute to 7 professional added years at age 60. The years are
accrued in the first 10 years of service, so that on the 11th year the individual has
gained a right to 7 added years at age 60. The years are transferable subject to the
number of years being transferred not exceeding ¼ of service (excluding purchased
service). There are 44 active scheme members in this category of staff. This category
of staff are eligible for 10 professional added years at age 65 as outlined above, the
only difference being that abatement for early retirement ceases at 7 professional
added years i.e. (up to 7 years at ages 60, 61, and 62, up to 8 years at age 63 and 9 at
age 64). These staff are considered by UCC to have an entitlement to these added
years.
National University of Ireland, Galway
A professional added years’ scheme has been in existence in NUIG in line with
general public service added years schemes for over 50 years. It is very similar to that
operated in UCC. Although the wording of the university statute indicates that added
years are “at the discretion of Governing Authority”, this discretion has always been
exercised in line with the provisions of the statute and staff are advised each year of
their projected entitlement to added years.
Added years are awarded to members who hold an academic post or to those who
hold a post of Administrative Officer, Sub-Librarian or equivalent. 5 added years are
given at 60 years of age, 6 at 61 years of age, etc, up to a maximum of 10 added years
at 65 years of age or 1/3 of actual service. On enrolment to the pension scheme
relevant members are requested to inform the university of any deferred benefits with
former employers. Entitlement to added years is abated for such service.
Dublin City University and the University of Limerick
DCU and UL operate unfunded pension schemes based on the public sector model
scheme.
DCU operates the Dublin City University Superannuation (Amendment) Scheme
1996, the 2004 Professional Added Years Scheme (Department of Finance Letter Ref
P18/145/04) and the 2005 Professional Added Years Scheme (Department of Finance
of Circular Letter 8/2005, Ref P18/153/04).
The Dublin City University
Superannuation (Amendment) Scheme 1996 amended the University’s Principal
Scheme (the NIHE Superannuation Scheme 1985) as follows:
Such additional period of notional service (to be referred to as “professional
added years”) as may be granted by the Governing Body in accordance with
conditions determined by the Governing Body with the approval of the
Minister and the consent of the Minister for Finance as set out in the
Appendix”.
The professional added years scheme applies to any pensionable employee where–

The minimum professional, technical or specialist qualifications
and/or a minimum number of years essential experience were
required for appointment, or

The minimum entry age specified in the competition was over 25 and
by reason of such entry requirement it was not possible for the
employee to have full service by the maximum retiring age
Any pensionable employee who retires can make an application for professional
added years and their application is assessed in relation to their eligibility as outlined
above and in line with the scheme rules.
Awards can be granted to either academic or non-academic who meet the eligibility
criteria. While the language appears to be discretionary, the award of added years is
always applied in the same way.
UL operates a professional added years scheme in line with Department of Finance
circular letters and on a similar basis to DCU’s arrangements which have already been
described.
6. University Presidents Salaries
The details of the current scales in operation in the sector are attached at Appendix
three.
The Government Decision announced by the Minister for Finance as part of his
budget statement on 9th December 2009, in accepting the latest report of the Review
Body on Higher remuneration the Public Sector, will result in across the board
reductions on these salary scales, effective from 1 January 2010. The revised scales
will be made available to the Committee when operative.
7. Dublin Institute of Technology – Management Structure
The current senior management team in the Dublin Institute of Technology consists of
eleven staff as follows; 1 President, 6 Faculty Directors and 4 Central Directors.
In June 2009 the Governing Body of the Institute gave its approval to a new
management structure that will replace the current structure of 6 faculties with 4
colleges:




College of Sciences
College of Engineering & Built Environment
College of Business
College of Arts & Tourism
In the new four College Structure, the Senior Leadership Team will comprise of ten
staff, as follows; 1 President, 4 College Directors and 5 Central Directors.
8. Professional Academic Salary Scales
Universities do not have discretion to independently set the levels of remuneration of
academic or administrative posts or to use an unrelated salary scale, such as a
professorial academic salary scale, in respect of a particular administrative post. The
salary scale that applies to any post in the university sector should be appropriate to
the responsibilities and functions of the post in question and the salaries of both
academic and administrative posts are required to be in line with the policy relating to
pay and conditions in the Public Sector as determined from time to time by the
Government. In this context the Review Body on Higher Remuneration in the Public
Sector advises the Government on the general levels of remuneration appropriate to,
inter alia, higher posts in the third-level sector. In addition to professorial academic
posts the remit of the Review Body also covers senior administrative posts in the
universities. The universities are required to comply with the recommendations of the
Review Body approved by Government in relation to the salary scales approved for
such posts and in accordance with the Universities Act 1997, all remuneration,
including fees, allowances and expenses, payable in each University is required to be
approved by the Minister for Education and Science with the consent of the Minister
for Finance.
Under the Universities Act, in very limited and exceptional circumstances a university
may depart from approved levels of remuneration where the governing authority is
satisfied that it is necessary to meet the objects of the university but it may only do so
in accordance with a framework agreed between the universities and the Higher
Education Authority. The purpose of the framework is to enable a university to attract
a person to its staff who would, because of exceptional or scarce expertise and/or
qualifications, command remuneration higher than the norm and who would not be
prepared to work for the university unless so rewarded. Where a departure involves an
appointment to a non-academic post requiring professional or technical qualifications
and experience, the conditions agreed shall be in line with those applying to positions
with similar responsibilities and employment conditions in the broader Public Sector.
9. Teaching Hours
I will provide this information to the Committee as soon as possible,
10. Academic Pay Bill
The following are the expenditure Figures for Academic and Non Academic pay for
University and IOT sectors, these figures are based on returns received by the
Department from the Institutions.
2007/08
Academic Pay
Non-Academic Pay
Universities
€448m
€372m
IOTs
€340m
€205m
11. Redress Scheme - Review of the Internal Audit Committee
A full review is being undertaken by the Department of the valuation process applied
for each property transferring under the terms of the Indemnity Agreement including
the application of protocols relating to grants paid. The review is not yet completed
and every effort is being made to conclude matters as soon as possible. When the
report is completed the Committee will be informed of the outcome.
During the course of the Hearing I quoted incorrectly attributed a figure of €64
million as appropriate to Third level Capital, the figure should have been €199
million. I have asked for the transcript to be corrected to reflect the appropriate figure,
in addition to drawing your attention to the issue.
At the Hearing I undertook to supply information to the Committee on a small number
of other issued not mentioned in the letter of 27 November. As soon as the
information becomes available it will be supplied to the Committee.
Yours sincerely
_____________
Brigid Mc Manus
Secretary-General