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Thursday, 20 Sep 2012

Written Answers Nos. 56-67

Departmental Expenditure

Questions (56)

Mary Lou McDonald

Question:

56. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the reason he has not made it a mandatory requirement for all Departments to publish purchase orders over €20,000 on their respective websites. [39885/12]

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Written answers

In March 2012, the Secretary General of my Department wrote to all Departments informing them of the commitment in the Public Service Reform Plan that every Purchase Order by a Government Department or Agency for €20,000 or over should be published online by the end of 2012. In the letter, Department and Offices were asked to put appropriate processes in place in their own Departments to meet the timeframe set out in the Public Service Reform Plan and that similar arrangements would be required for offices and agencies under the aegis of each Department. Since March, my Department has published Purchase Order details on its website quarterly in arrears starting with those for October to December 2011.

Legislative Programme

Questions (57)

Mary Lou McDonald

Question:

57. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will explain his commitment to overhaul the existing statutory framework for ethics to strengthen and reform the current legislation and provide a single, comprehensive ethics framework in line with best international practice; and if he will provide a timeframe within which this commitment will be delivered. [39886/12]

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Written answers

Following the publication of the Final Report of the Mahon Tribunal in March 2012, I committed to examining how the existing legislative framework for ethics could be reformed to develop a single, comprehensive legislative framework grounded on a clear and comprehensive set of principles. This involves overhauling and reforming the current fragmented legislative framework and to strengthening it by resolving anomalies, building on international best practice and addressing the recommendations relating to conflicts of interest made by the Mahon Tribunal.

Work is under way in my Department on this significant legislative project and preliminary consultations have been undertaken with public bodies with a direct interest in this initiative. On account of the various approvals required from Government in relation to the preparation of legislation as well as the need to take into consideration the degree of complexity of the legislative and policy issues involved as well as the possible need for public consultation and a pre-legislative scrutiny process by the Oireachtas, the Deputy will understand it is not possible to provide precise timeframe for the publication of a Bill. However, I expect my Department to have draft legislative proposals developed by the middle of 2013.

Public Sector Reform Review

Questions (58)

Mary Lou McDonald

Question:

58. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the date on which he will publish his policy paper on reform of civil service accountability. [39887/12]

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Written answers

The Programme for Government contains a commitment to strengthen civil service accountability. This is a key element of the objectives reflected in the Public Service Reform Plan to boost the performance and capacity of the overall system of public administration in Ireland. The Government Reform Unit in my Department is currently preparing a policy paper on civil service accountability which will examine the current legislative framework underpinning civil service accountability, as well as the current administrative accountability arrangements in place. This is a complex issue touching on both legislative and non-legislative measures which impact on overall civil service effectiveness. It is intended to publish this policy paper in due course.

Public Sector Reform Review

Questions (59)

Mary Lou McDonald

Question:

59. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide the governance model for public service reform. [39888/12]

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Written answers

The Government’s Public Service Reform Plan, published last November, places a strong emphasis on the need for effective governance structures to ensure delivery of the Reform Plan and to maintain oversight of the reform programmes of Departments and Sectors. To this end, in November last year, I established a dedicated Reform and Delivery Office in my Department, led by an externally recruited Programme Director who has many years experience in leading change in the private sector. Other key skills have also been brought into this office, for example on shared services and external service delivery. The key role of the Reform and Delivery Office is to lead, support and coordinate the reform programme across the Public Service and good progress is being made in this regard, as set out in the Progress Report published on 6 September. In addition, each Department / major Office has its own Change Delivery Team to manage and drive the reform process at organisational / sectoral level.

In terms of formal governance, the key driver of the reform programme is the Cabinet Committee on Public Service Reform which provides political direction and accountability for reform. The Cabinet Committee, which is chaired by the Taoiseach and which I convene, meets on a quarterly basis to consider priority issues and ensure that overall progress is being achieved.

An Advisory Group of Secretaries General has also been established, which provides support and advice on strategic / policy issues to the Cabinet Committee on Public Service Reform. In addition, a Reform and Delivery Board, primarily comprising Assistant Secretaries responsible for leading reform in each Department / Office, meets regularly to oversee and monitor the delivery of Public Service Reform at a strategic level and provide assurance to the Department of Public Expenditure and Reform and to the Cabinet Committee that Public Service Reform is being successfully delivered.

In line with best practice governance, Project Boards have been established for many of the projects which are being implemented under the Reform Plan, for example for the various shared services projects. In addition, each of the actions in the overall Reform Plan is assigned to a lead official, with Senior Responsible Owners appointed to lead the Major Projects which have been identified as being of major strategic importance. The Reform and Delivery Office in my Department is also working closely with each of the main sectors to ensure that they have appropriate governance arrangements in place to drive and support the delivery of their reform programmes.

In conclusion, this Government is strongly committed to its ambitious programme of Public Service Reform and I believe that a robust governance framework is in place to ensure its successful implementation. Reform of our public services is an ongoing process and my Department will regularly evaluate these governance structures with a view to achieving maximum delivery of the reform programme over the coming years.

Departmental Staff Rehiring

Questions (60)

Mary Lou McDonald

Question:

60. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide the name of the Assistant Secretary on Reform appointed from each Department assigned. [39889/12]

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Written answers

Following the publication of the Government’s Public Service Reform Plan last November, a Reform Delivery Board was established to oversee and monitor the delivery of Public Service Reform at a strategic level and provide assurance to the Department of Public Expenditure and Reform and to the Cabinet Committee on Public Service Reform that reform is being successfully delivered. The Board consists of senior officials, primarily at Assistant Secretary level, responsible for leading and coordinating Public Service Reform in their respective Departments and Offices. In addition, the Board also includes senior officials from the Department of Public Expenditure and Reform.

The full membership of the Board, including the lead officials from Departments/Offices, is:

Mr. Paul Reid, Department of Public Expenditure and Reform (Chair)

Mr. Niall Barry, Department of Social Protection

Mr. Philip Carroll, Department of Agriculture, Food & the Marine

Ms. Liz Canavan, Department of Children & Youth Affairs

Ms. Ruth Carmody Department of Education & Skills

Ms. Patricia Coleman, Department of Public Expenditure and Reform

Mr. Gary Comiskey Department of Finance

Mr. Des Dowling, Department of Environment Community & Local Government

Mr. Tim Duggan, Department of Public Expenditure and Reform

Mr. Michael Errity, Department of Public Expenditure and Reform

Mr. Gerry Harrahill, Office of the Revenue Commissioners

Ms. Deirdre Hanlon, Department of Public Expenditure and Reform

Ms. Mary Hurley, Department of Arts, Heritage and the Gaeltacht

Mr. Philip Kelly, Department of Jobs, Enterprise & Innovation

Mr. Fergal Lynch, Department of Health

Mr. Conan McKenna, Houses of the Oireachtas

Mr. Eamonn Molloy, Department of Communications, Energy & Natural Resources

Mr. Donagh Morgan, Department of Transport, Tourism & Sport

Ms. Éilis O’Connell, Office of Public Works

Ms. Deirdre O’Keeffe, Department of Justice and Equality

Mr. Chris O’Toole, Office of the Attorney General

Mr. Maurice Quinn, Department of Defence

Mr. Barrie Robinson, Department of Foreign Affairs and Trade

Mr. John Shaw, Department of the Taoiseach

Mr. Joe Treacy, Central Statistics Office

State Bodies Mergers

Questions (61)

Mary Lou McDonald

Question:

61. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if his critical review of State agencies to be merged has been completed. [39891/12]

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Written answers

Regarding the 46 critical reviews, my Department is currently considering the responses received by Departments. Following this consideration I will bring a Memorandum to Government highlighting the results of the review process and requesting a decision on how best to proceed with implementation of the agency rationalisation programme.

State Bodies Mergers

Questions (62)

Mary Lou McDonald

Question:

62. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he intends to merge the Forensic Science Laboratory with the State laboratory; if a risk analysis has been completed on the challenges and implications of such a move. [39892/12]

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Written answers

The proposed measure is one of 46 critical reviews of State bodies which are being undertaken as part of the Public Service Reform plan, published in November last year. The Department of Public Expenditure and Reform is currently considering the reviews received by Departments. Following this consideration, a Memorandum will be brought to Government highlighting the results of the review process and requesting a decision on how best to proceed with implementation of the rationalisation programme. In relation to critical review No.19 of the Agency Rationalisation Programme, i.e. the review of the merger of the Forensic Science Laboratory into the State Laboratory, the critical review is in the process of being completed. The recommendation of the review will be submitted in due course to the Government for consideration as part of the Memorandum to Government referred to above.

Competition Authority Investigations

Questions (63)

Caoimhghín Ó Caoláin

Question:

63. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs; Enterprise and Innovation if his attention has been drawn to an acquisition (details supplied); the implications of this for the independent booksellers and publishers industry here; the efforts he has made to protect and enhance the independent booksellers and publishers industry; and if he will make a statement on the matter. [39724/12]

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Written answers

The Competition Authority is the independent statutory body responsible for merger and acquisition control in the State and apart from a role in relation to media mergers I, as Minister for Jobs, Enterprise and Innovation, have no direct function in relation to merger and acquisition matters under the Competition Act 2002. I am aware however of the proposed acquisition and I understand that the Authority is engaged with the parties concerned. In light of this, I do not believe that it is appropriate to comment further.

International Agreements

Questions (64)

John Lyons

Question:

64. Deputy John Lyons asked the Minister for Jobs; Enterprise and Innovation with regard to the International Labour Organisation convention on Decent Work for Domestic Workers adopted last year in Geneva, if he will consider ensuring that he ratifies said convention in relation to domestic workers; and if he will make a statement on the matter. [39836/12]

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Written answers

The issue of ratification by Ireland of Convention No. 189 on decent work for domestic workers is being considered in the context of our standard approach to the ratification of international instruments. Ireland does not ratify international Conventions until any such necessary amendments to domestic legislation have been identified and effected. In June of this year I wrote to the Chair of the Select Committee on Jobs, Enterprise and Innovation to inform him of the progress to date in our assessment of the legislative and other requirements that would be necessary in order for the State to be in a position to ratify the Convention.

My Department is in the process of consulting with interested stakeholders – both Government and NGO’s – on aspects of the Convention. The consultation process at this stage has included the Migrant Rights Centre of Ireland and union representatives. In addition, a preliminary assessment of the implications of ratifying the International Labour Organisation’s Convention 189 on Domestic Workers is being finalised by my Department. This includes an Article-by-Article examination of the extent to which Domestic legislation provisions already provide for the rights and entitlements enunciated in each Article, as well as the extent to which any legislative amendments may be required. When the stakeholder consultation has been completed, I intend to send my Department’s assessment to the Office of the Attorney General for their examination. On receipt of the AG’s assessment, I hope to be in a position to outline my intentions as regards ratification of the Convention.

Meanwhile, it is important to note that domestic workers are protected by virtue of the fact that the full suite of employment rights legislation, including that of redress for violations of their employment rights, apply to domestic workers in the same way as they apply to other categories of employees in Ireland. Also it is worth pointing out that NERA has carried out a programme of inspections involving Domestic Workers as well as continuing to respond to any complaints it receives from Domestic Workers.

S.I 239/2007 gives effect to a Code of Practice for Persons Employed in Other People’s Homes, which sets out certain employment rights and practices for persons employed in other people’s homes and encourages good practice and compliance with the law in such employment situations. In any proceedings before a court, or a workplace relations dispute resolution body, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

Work Permit Applications

Questions (65)

Bernard Durkan

Question:

65. Deputy Bernard J. Durkan asked the Minister for Jobs; Enterprise and Innovation if he will facilitate an application for a work permit in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [39989/12]

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Written answers

My officials inform me that my Department has no record of permits being applied for or issued in respect of the named individual. I should advise the Deputy that new employment permit applications are currently only considered for highly skilled, highly paid positions or for positions where there is an officially recognised scarcity of supply in relation to a particular qualification or occupation type. New and renewal applications may also be considered in respect of non-EEA nationals already legally resident in the State on a valid employment permit. In addition, new employment permit applications are normally only considered where it is established that a minimum salary of €30,000 per annum is on offer based on a 39 hour week and where the position on offer is one of the occupations currently eligible for a new employment permit.

Only experienced and qualified chefs are considered for the purpose of granting employment permits in respect of the restaurant sector. Furthermore, it is a requirement that applicants are not resident in the State when applying for an employment permit. If this person named by the Deputy wishes to apply for an employment permit he can obtain information on employment permit practices and procedures at http://www.djei.ie/labour/workpermits/.

Question No. 66 withdrawn.

Carer's Allowance Applications

Questions (67)

Paschal Donohoe

Question:

67. Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding a carer's allowance application in respect of a person (details supplied) in Dublin 9; and if she will make a statement on the matter. [39668/12]

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Written answers

I confirm that the department is in receipt of an application for carer’s allowance from the person in question. The medical assessment has been completed and the application is awaiting examination by a deciding officer for a means assessment and a full decision. The application will be processed as quickly as possible and when a decision is made the person concerned will be notified directly of the outcome.

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