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Wednesday, 7 May 2014

Written Answers Nos. 108 - 113

Public Sector Pensions

Questions (108)

Joe Carey

Question:

108. Deputy Joe Carey asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 129 of 4 March 2014, if he has completed his considerations on the issue; the outcome of same; and if he will make a statement on the matter. [20516/14]

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Written answers

Section 9 of the Financial Emergency Measures in the Public Interest Act 2013 provides that persons retiring before 31 August 2014, or a later date made by Order under the Act, will be entitled to have their pensions calculated as if the pay reduction and any increment pause or freeze had not applied to them. Following my considerations under Section 9 of the Act, I decided to extend the grace period from 31 August 2014 to 30 June 2015. I signed the Order giving effect to my decision on 29 April 2014.

Flood Prevention Measures

Questions (109)

Michael McNamara

Question:

109. Deputy Michael McNamara asked the Minister for Public Expenditure and Reform if the cost of raising public roads and the economic loss resulting from flooding to agricultural land have been considered when arriving at the conclusion that the economic argument is tilted in favour of raising the railway line (details supplied); and if he will make a statement on the matter. [20609/14]

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Written answers

As I indicated in my reply to Question no: 239 on Wednesday, 30 April, 2014, the preferred solution identified by Iarnród Éireann's (IE) consultants for flooding at Ballycar Lough involved a piped culvert to increase the discharge from the Lough, with an eventual discharge into a back-drain system behind flood-defence embankments maintained by the Office of Public Works (OPW). This increased discharge would only commence when the flood level would threaten the railway line, at which point much of the land in the area would already be flooded. The degree of benefit to be conferred on agricultural lands at Ballycar would therefore be insignificant, and would almost certainly be exceeded by the losses arising from the probable worsening of flooding on the lands downstream.

It is a matter for the local authorities in the first instance to investigate and address flooding issues locally. It is therefore a matter for Clare County Council to consider the question of raising the public road to facilitate access to the houses near Ballycar. It should also be remembered that the IE preferred solution would also pose a threat to low-lying critical transport infrastructure located within the downstream area, and that this threat renders extremely problematic the feasibility of this proposed solution.

Public Procurement Contracts

Questions (110)

John Lyons

Question:

110. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation the role his Department has in supporting Irish companies in bidding for public procurement contracts; if small and medium enterprises in particular are being offered support in grouping together to make joint bids for contracts; and if he will make a statement on the matter. [20443/14]

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Written answers

The 2014 Action Plan for Jobs includes a number of measures to support SMEs to access public procurement opportunities. These measures are being delivered by a number of public sector bodies, including Enterprise Ireland and InterTradeIreland which come under the remit of my Department, and the Office of Government Procurement (OGP). My Department’s officials are also closely involved in supporting SMEs’ access to procurement through their involvement in a number of the Action Plan measures and through their representation on a High Level Group on SME Access to Procurement which is chaired by the Government’s Chief Procurement Officer.

Actions to be taken in 2014 to support SMEs in accessing procurement opportunities include:

- encouraging SMEs to register on the State’s eTenders website so that they can be alerted to up-coming tender notices,

- increasing SME awareness of procurement opportunities through various public events and workshops,

- providing information to SMEs on approaches to multiparty tendering, and

- encouraging collaboration between SMEs in bidding for contracts.

InterTradeIreland, in collaboration with the OGP, hosted a number of “Meet the Buyer” events in 2013 to give SMEs an overview of the all-island public procurement market and the opportunities that are available. These events facilitate businesses networking, and provide opportunities for companies to form joint ventures and identify sub-contracting opportunities. The 2013 events included specific information sessions on “Consortia Building”, which outline the practicalities, processes and benefits of joint ventures and consortia bidding. InterTradeIreland intends to hold two further “Meet the Buyer” events in 2014.

The agency will also continue its programme of procurement training for SMEs by delivering a number of “Go-2-Tender” and “Advanced Go-2-Tender” workshops on an all-island basis to approximately 330 companies during 2014. Enterprise Ireland and InterTradeIreland will develop regional consortia building programmes this year to encourage collaboration between SMEs in bidding for and winning public tenders. In addition, as part of the Action Plan for Jobs, the Competition Authority and the OGP will be producing guidance on consortium bidding in compliance with competition and procurement law, by the end of 2014.

The Minister of State with special responsibility for Public Service Reform and the Office of Public Works, Brian Hayes TD, launched new public procurement guidelines last month (Circular 10/14), which are intended to make it easier for SMEs to bid for work across the public sector. The new guidelines promote the setting of relevant and proportionate criteria for tendering firms and the sub-dividing larger contracts into lots, where possible, to enable SMEs to bid for these opportunities. The guidelines also encourage SMEs to form consortia where they are not of sufficient scale to tender in their own right.

Action Plan for Jobs

Questions (111)

John Lyons

Question:

111. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on the implementation of the small business innovation research pilot programme announced in the Action Plan for Jobs 2014; and if local authorities are being encouraged to make full use of the scheme. [20444/14]

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Written answers

The purpose of the Small Business Innovation Research (SBIR) programme, which has operated successfully in other EU Members States and beyond, is to offer an opportunity for businesses to develop and demonstrate innovative solutions to meet the requirements of public bodies. The 2014 Action Plan for Jobs includes a commitment to introduce an SBIR programme on a pilot basis in Ireland by identifying and commencing a suitable pilot. Following engagement with a number of public sector bodies, Enterprise Ireland has identified a project which will be piloted with the Sustainable Energy Authority of Ireland and ESB.

The objective of the pilot is to successfully deliver the first SBIR project in Ireland, while developing guidelines and a blueprint to promote the model to other contracting authorities in due course. Any contracting authority, including a Local Authority, can implement an SBIR project under pre-commercial procurement rules. Enterprise Ireland is currently meeting with a number of contracting authorities that are interested in discussing possible SBIR projects and is available to meet with any Local Authority which is interested in finding out more about the process.

Industrial Relations

Questions (112)

John Lyons

Question:

112. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on the proposed revised legislative framework regarding registered employment agreements following publication of a draft framework document in February 2014 and subsequent consultations with stakeholders. [20455/14]

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Written answers

In the judgment delivered on 9 May 2013 in the McGowan case, the Supreme Court held that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution. My Departmental officials have been working closely with the Attorney General and external Counsel on developing a framework to address the ruling and to provide for a revised legislative framework, which will be fully informed by the Supreme Court judgment and constitutionally robust.

To this end, on 7 February last, a draft framework document was circulated to relevant stakeholders for consideration. It provides for the setting of pay and pension and sick pay entitlements of workers in any particular sector. It also provides for the registration of employment agreements which will be legally binding only on the subscribing employer and trade union parties. Consultations with the relevant stakeholders on the draft framework have taken place, and I hope to be in a position to bring proposals on the issue to Government in the near future.

Unified Patent Court

Questions (113)

Andrew Doyle

Question:

113. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation the position regarding jurisdictional powers to the Unified Patent Court: if he considers it necessary to hold a referendum to allow for the transfer of jurisdictional powers to the Unified Patent Court; and if he will make a statement on the matter. [20536/14]

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Written answers

The international Agreement on the Unified Patent Court, signed in February 2013, entails the establishment of an international court that will, when operational, have exclusive competence for actions for infringement and validity in respect of European patents. As the international Agreement entails the transfer of jurisdictional powers in this area of jurisdiction away from the Irish courts, this runs counter to the provisions of the Irish constitution. Therefore, in order for Ireland to ratify the international Agreement, a constitutional referendum must be carried. The timing of a referendum will be a matter for Government to decide.

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