Rathlin Ferry Saga and the Pensions Ombudsman 3

A Delicate Matter

Ciaran O'Driscoll, a RIFL director, and Danny Kennedy, DRD minister 2011-

Northern Ireland Assembly exchange 6 November 2012:

Mr Storey: Has he had any discussions with Rathlin Ferries Ltd about that issue, given that it was in the ombudsman's report back in August 2012?

Mr Kennedy: I am grateful to the Member for his supplementary.  He will realise that this is a somewhat delicate matter and that I am not at liberty to go into substantial detail.  I understand that discussions are ongoing between my Department and the operators, and I hope that we can get the matter resolved.

I received the following brief message from a Stormont MLA on 1 March 2013:

have been informed Rathlin ferry pension issue now resolved

But has it? Has the amount been paid in full? I can see no mention of the issue in the DRD Departmental Board minutes or the DRD Weekly Business Review minutes or in any briefing to the Committee for Regional Development.

Calmac accepted assurances, in an email exchange towards the end of June 2008 involving two DRD officials and a solicitor for the new operator, that the death in service and related provisions were in place.

Calmac email to Stewarts Solicitors [ccDRD] - 23 June 2008

Stewarts Solicitor's email to Calmac - 23 June 2008

DRD email to Calmac - 23 June 2008

Why, apparently, did no one from DRD or from the Department of Finance and Personnel check the documentation? Don't they have a responsibility to ensure that TUPE arrangements are adhered to? Have measures now been put in place to prevent a re-occurrence of such an issue?

Why wasn't the issue resolved during the course of the independent investigations in late 2008?

Also, is it satisfied that the operator has adequate procedures and finance in place to provide for pensions, death in service benefits and redundancies as specified in TUPE communications between this operator and the previous one? .. NALIL 18 November 2008

The new operator delayed for four years before accepting responsibility:

10. On 11 June 2012 Stewarts Solicitors belatedly told my office that there was no scheme in place at the time of Mr McCurdy’s death.  They accepted that Rathlin Island Ferry Ltd were liable for four times Mr McCurdy’s FPS, being a total sum of £101,668.  However, they said:
”I regret that my clients are unable to discharge this sum at this time and my instructions are to raise discussions with the deceased’s solicitors in an effort to agree terms of payment." [Ombudsman's report 1 August 2012]

RIFL's abbreviated accounts for the year ending 31 March 2011 were amended in November 2012 yet there is no mention of this significant additional liability, despite the qualification of the accounts:

"There is a material uncertainty which may cast doubt on the company's ability to continue as a going concern. .. At 31 March 2011, the net liabilities are £264,358"

RIFL's abbreviated accounts for the year ending 31 March 2012 refer to a variation to the DRD-RIFL contract which reduced the DRD clawback and returned £91,682 to the RIFL accounts for 2010/11 and an unspecified amount for 2011/12 which enabled the company to make a profit of £34,123. What was the unspecified amount?

I can find no mention of this variation to the contract in the DRD Departmental Board minutes or in the Weekly Business Review minutes. It would seem that an additional £200,000 plus has been handed over to the operators for 2010/12. Was there a stipulation that Mrs McCurdy would be paid in full? Has the Minister apologised to Mrs McCurdy for the distress she's had to endure?

Minister: "I understand that discussions are ongoing"

These words don't convey the impression of a minister in charge of his department. Why didn't he say, "Discussions are ongoing .."? Is this just another example of the Belfast deficit, of poor governance practice?

If the DRD media centre can provide answers to some or all of these queries I'll add them to this blog.

Giants Causeway World Heritage - An Inspector Calls

The Department of the Environment (DOE) has confirmed Dr Andrej Sovinc, representative of the IUCN, will visit the World Heritage Site following an invitation from the Northern Ireland Environment Agency (NIEA).

The remit of Dr Sovinc’s visit will be:

- to visit the Giant’s Causeway and Causeway Coast World Heritage property and meet those responsible for its protection and management;

- to assess the overall state of conservation of the property and its Outstanding Universal Value;

- to provide technical advice on the management of the property and its Outstanding Universal Value; and

- on the basis of the findings, to prepare a joint draft report on the requirement for ensuring the protection of the property’s Outstanding Universal Value.

The February visit sounds more like an inspector calls than a response to an invitation from a Northern Ireland minister. The Department of Culture Media and Sport is the Westminster department which is responsible to UNESCO for the protection of World Heritage Sites across the UK. 

Draft Decision:  36 COM 7C
The World Heritage Committee,
Other conservation issues not reported on at the 36th session under Items 7A and 7B
12. Requests furthermore the State Party of the United Kingdom of Great Britain and
Northern Ireland to halt the proposed development of a golf resort at the World
Heritage property “Giant's Causeway and Causeway Coast” until its potential impact on
the Outstanding Universal Value of the World Heritage property has been assessed. .. LINK

A little background on Andrej Sovinc [pdf file]:

"Ernesto Enkerlin appointed Kathy McKinnon as WCPA Vice-Chair, while in Europe, Andrej Sovinc was appointed as Regional Vice-Chair. 

“Protected Planet”, managed by the United Nations Environment Programme’s World Conservation Monitoring Centre (WCMC) and supported by IUCN and WCPA presents relaunched and repackaged the World Database on Protected Areas in a user friendly internet accessible manner and linked to Google applications. Be sure to check www.protectedplanet.net. 

Trevor Sandwith, Director of IUCN Global Protected Areas Programme was recently elected as Chairman of the  International Academy for Nature Conservation, part of BfN, located on the island of Vilm, Germany. Andrej Sovinc is also on the Council. The Academy provides support and interchange to nature conservation professionals in the European Union countries."

It's a little disconcerting that the Protected Planet folks can't find us on the map!

Anene Booysen - Man's Inhumanity to Woman

'Many and sharp the num'rous ills

Inwoven with our frame!

More pointed still we make ourselves

Regret, remorse, and shame!

And Man, whose heav'n-erected face

The smiles of love adorn, - 

Man's inhumanity to man

Makes countless thousands mourn!

... Robert Burns 1784

Then there's man's inhumanity to woman. Just a few hours ago, I noted these words on my Facebook wall; they were written by a young friend of mine in South Africa:

I want to know, when are we going to finally be horrified enough to stand up and say we wont tolerate this any longer, South Africa? When are we also going to start gathering in public spaces in protest? Why is everyone keeping so silent about this? Are we that defeated or is it just not our problem? Its time to rise, South Africa!

According to this source Anene's name can derive from ANAENECHUKWU  [A(nyi)  na-ene Chukwu = We look up to God.] or ANAENECHI [A na-ele Chi = Let's look up to God.]

Where has love gone? Once again I'm reminded of this quote from the late Sr Souboris of Loreto Convent, Coleraine, in the summer of 1973. It was written about the actions of some young men who were about the same age as Anene:

Thank you for directing to us young people of such unselfishness and reliability. Each in his own way made a valuable contribution to the holiday. I personally learned a tremendous amount from their unselfishness. I only wish more people in our divided communities could experience how easy it is to love and live together once the will to do so is there.

Where are the leaders who will act as appropriate role models for this and future generations of men? As we know recently from India and other places, South Africa isn't the only place where men carry out atrocious acts against women.

Added February 12

In Bredasdorp, a community searching for its soul

Coastguard SOS Campaign - What Your MP Thinks

Northern Ireland Sector

Coastguard SOS emailed (on four separate occasions) and asked a straightforward question of all Westminster MPs: to confirm whether they are FOR or AGAINST planned closures of maritime rescue & coordination centres. (MRCC’s)

According to the Coastguard SOS website, twelve of the eighteen Northern Ireland MPs responded and answered AGAINST: Gregory Campbell, Nigel Dodds, Jeffrey Donaldson, Sylvia Hermon, Naomi Long, William McCrea, Alasdair McDonnell, Margaret Ritchie, Jim Shannon, David Simpson and Sammy Wilson. Coastguard SOS wishes to hear from Michelle Gildernew, Martin McGuinness' successor, Paul Maskey, Conor Murphy and Ian Paisley jr.

MPs have a special duty to their constituents but they also have a general duty to all constituents.

Earlier cross-party support for the Save Belfast MRCC in Bangor.