FOIs – Page 3 – TheStory.ie

Eoghan Murphy signed-off on full pension for ex-boss of Irish Water

THE government signed off on a €473,000 pension deal for the ex-boss of Irish Water only after consulting with the Attorney General.

Documents released under FOI have revealed how Irish Water also had to pay for external legal advice over arrangements for their former managing director to retire on full pension at age 57 and with a €100,000 severance payment.

Speaking notes prepared for Housing Minister Eoghan Murphy explained that the retirement deal could not be sanctioned without sign-off from him and two other ministers.

A list of “redline issues” was prepared for Mr Murphy included an explanation of how the retirement package meant an internal pension scheme had to be amended and a new severance gratuity scheme created.

Mr Murphy was told to prepare for opposition comment suggesting he would be asked about the “extraordinary high costs involved in the establishment of Irish Water”.

The speaking notes said that the department should also be prepared for questions on whether the state would be “vulnerable to any potential legal challenges”.

The Department of Housing and Department of Public Expenditure had on several occasions refused to release documents relating to Mr Tierney’s pension.

Read the documents below.

Government warned Sugar Tax could hit low income families hardest, documents reveal

FINANCE minister Paschal Donohoe was warned that revenue from the introduction of a sugar tax would be unreliable and that the impact of its introduction would hit low income families hardest.

He was also told the tax could potentially be “subject to litigation” if it failed EU state aid rules and could cause administrative problems for Revenue in collecting it.

The new levy was subsequently approved by the EU Commission last month who said it did not involve state aid; it was then formally introduced on May 1.

Minister Donohoe was firmly behind plans for the tax, saying the only thing that stood in its way was if the same type of levy was not introduced in Britain and Northern Ireland.

In a note to civil servants, he said: “Yes we will do this … at a rate similar to the UK. Only thing that will stop this is it not happening in UK/NI. Please move ahead with it.”

His comments are contained in a ministerial submission on the sugar tax prepared ahead of Budget 2018. It has only been released now however following an FOI request.

Oireachtas travel costs exceed €120,000 over past seven months

By Ken Foxe

TDs and Senators have run up an overseas travel bill of more than €120,000 during the past seven months.

Politicians jetted off to the four corners of the globe clocking up hundreds of thousands of air miles on trips to Iran, Russia, Canada, the United States, and Mozambique.

One senator Ronan Mullen made three expense claims totalling almost €1,800 on three separate one-night trips to France, according to the records, and despite the fact hotels and flights on the trip were paid directly by the Oireachtas.

Ceann Comhairle Seán Ó Fearghaíl was away on separate trips to St Petersburg, Helsinki, and Washington DC. His counterpart in the Seanad, Cathaoirleach Denis O’Donovan, jetted off three times to Iran, Georgia, and the USA.

Just over €9,100 was spent on flights to bring five parliamentarians to Iran for a “bi-lateral” visit last October.

Read the expenses document below.

Court documents in MCENR vs Information Commissioner & (eNet / Gavin Sheridan)

Given the publicity surrounding the National Broadband Plan in recent days it’s worth returning to the original National Broadband Plan from the early 00s – the Metropolitan Area Networks. These were fibre rings built at significant cost to the EU and the State around dozens of rural towns in Ireland. When it came to awarding a contract to operate and market these fibre rings, eNet in Limerick secured the first contract in a competitive tender process, which was also renewed in the next tender (one tenderer applied) . It was then renewed again to 2030 in 2017, by the Minister, without a tendering process at all.

I asked for the contract/concession agreement between eNet and the Department, and they refused to release it, going against a long held position of the Information Commissioner that once a contract is awarded and public money is involved, the public has a right to know about the contract/agreement itself.

We publish below the public court documents in relation to the High Court appeal that the Department ultimately lost and has now appealed to the Court of Appeal. The Information Commissioner opposed the Department in the High Court. I also opposed the Department as Notice Party, represented by FP Logue Solicitors and John Kenny BL.

Before starting, read the Information Commissioner decision that started the whole thing. It gives the background on what I asked for. This was the decision that was appealed to the High Court by the Department/Minister for Communications.

Now the court documents:

First is the outline legal submission of the Department: filed in February 2017. It contains 90 paragraphs of argument that the Information Commissioner had erred in law by deciding that the concession agreement for the most part should be released (despite the contract being commercially sensitive – the public interest is in it being released, argued the Commissioner).

Second is the Information Commissioner’s position, opposing the views of the Department.

Third is the Affidavit of eNet, by Finance Director Braonan Gardiner, generally supporting the position of the Department. eNet, unlike us, did not participate in the proceedings (so didn’t hire a solicitor or barrister). And as the judge noted “enet did not participate in this appeal other than by way of submitting an affidavit which was filed by the Minister on his own behalf.”

Fourth is our legal submission, opposing the views of the Department.

Taking into account these documents, and arguments before the court, Judge Noonan ruled against the Department.

The Department has appealed that ruling to the Court of Appeal, which is due for hearing in February 2019.

Department of Public Expenditure submission on RTÉ reviewing services and cutting loss-making public service broadcasting

THE Department of Public Expenditure said RTÉ needs to cut costs more before any commitment should be made to give them extra funding.

RTÉ should be asked to review loss-making public service broadcasting and even look at what services it was providing, an internal Departmental briefing note says. The memo for Minister Paschal Donohoe was prepared as part of discussions over the sale of lands at the broadcaster’s campus in Montrose.

It said that both RTÉ and the Department of Communications were looking for funding for the broadcaster to be restored to 2009 levels when it was €20 million higher. However, the Department of Public Expenditure said that they “did not necessarily accept that further additional Exchequer funding should be provided or that the level of Exchequer funding should be restored to its peak”.

http://www.documentcloud.org/documents/3912453-RTÉ-Records-Complete.html

FOI documents for Social Protection ‘cheats us all’ campaign

Below is the full FOI release in relation to Ken’s story in TheJournal.

CONCERNS WERE RAISED in the Department of Social Protection over calling people “cheats” as part of the controversial advertising campaign on social welfare launched by Taoiseach Leo Varadkar while he was Minister for Social Protection.

The ‘Welfare Cheats Cheat Us All’ campaign was launched in April and caused considerable debate over highlighting welfare fraud so prominently and for asking people to anonymously report their neighbours.
Internal departmental emails obtained by TheJournal.ie reveal that with just weeks to go, the department considered changing the campaign title to something a little less forceful.

Read the 465 page document here:

Robert Watt Oireachtas committee briefing documents

Below are copies of briefing notes prepared for Secretary General of the Department of Public Expenditure and Reform Robert Watt ahead of his appearance at Committee on Budgetary Oversight in early April 2017. The documents contain summary information of Government expenditure.

Eight Garda audits

Some years ago we sought the following audit reports from An Garda Siochana:

Audit report NBCI & Appendix Control Failures NBCI
Expenditure Review 2013 Vehicle Maintenance Contract
Audit Report Mayo & Appendix Control Failures Mayo
Review Audit report Mayo
Audit of Procurement
Audit Regional Offices & Appendix Control Failures
Audit Report FCPO
Review of CCTV Systems

Many of the documents were refused and we ultimately appealed to the Information Commissioner. In February he found largely in our favour.

Below are the audits, as released.

Judgment in MCENR vs Information Commissioner

Below is the judgment delivered today in MCENR vs Information Commissioner (with eNet and Gavin Sheridan as notice parties). Some time ago we sought the contract between the Department of Communications and eNet, in relation to the managing and promotion of the Metropolitan Area Networks built around the country. The department refused our request, so we appealed ultimately to the Information Commissioner, who ultimately found in our favour (worth reading the whole decision)

The Department disagreed with the decision and so appealed to the High Court, arguing that the Commissioner had erred in law by ordering the release of the bulk of the contract.

There was a two day hearing earlier this year. I was represented by FPLogue Solicitors and John Kenny BL.

The judge dismissed the appeal, as outlined here:

Minister for Finance Diary 2016

Part of an ongoing process. This is the diary of Finance Minister Michael Noonan for the year 2016. We are also pleased to see the Department has started to routinely publish the Minister’s diary. This brings us to 19 full year of Ministerial diaries, the largest resource available.

Previously: