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Wednesday, 14 Nov 2012

Written Answers Nos. 131 - 141

Public Sector Management Remuneration

Questions (131)

Thomas Pringle

Question:

131. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform the number of public and civil servants who earn more than €100,000 annually; and the proportion this number represents in the public sector pay bill. [50213/12]

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Written answers

I refer to my reply to Question No. 282 of 23 October 2012.

Judicial Retirement Age

Questions (132, 133)

Mary Lou McDonald

Question:

132. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the date on which he reduced the retirement age for the Judiciary from 70 years to 65 years; and if his decision was backdated. [50312/12]

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Mary Lou McDonald

Question:

133. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the cost to the Exchequer in 2012 and 2013 of his decision to reduce the retirement age for the Judiciary from 70 years to 65 years. [50313/12]

View answer

Written answers

I propose to take Questions Nos. 132 and 133 together.

The normal age of retirement for Judges varies. For Judges of the District Court it is age 65 and it is age 70 for Judges of the Circuit Court, High Court and Supreme Court. Judges of the Higher Courts may retire once they have served for 15 years and are aged 65. The retirement age for Judges has not been lowered however Cost Neutral Early Retirement (CNER) has been made available to them at age 60.

In 2000 the Commission on Public Service Pensions recommended the introduction of CNER to allow public servants to retire with immediate payment of superannuation benefits, subject to actuarial reduction to cater for the longer period over which the benefits would be paid. Arising from this a CNER scheme was introduced for the generality of public servants in 2004. The Commission’s remit did not extend to the Judiciary and accordingly the CNER scheme did not apply to them.

At the time of the 2011 referendum on judicial remuneration, which led to the reduction of judicial salaries and the consequent reduction in pensions for those who retired/retire on or after 1 March 2012 ("the grace period"), a commitment was given that Judges would be treated in the same way as other public servants. Against this background a CNER scheme was introduced for the Judiciary giving CNER at aged 60. The Scheme was introduced on an interim administrative basis pending legislative provision being made under the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. As the title suggests, the Scheme is constructed to be actuarially cost-neutral to the Exchequer.

Departmental Staff Promotions

Questions (134)

Maureen O'Sullivan

Question:

134. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform the number of promotions made in his Department to principal officer higher scale, principal officer standard scale, assistant principal officer higher scale, assistant principal officer standard scale, higher executive officer scale, executive office scale and staff officer scale; the total for all of the civil service; if he will provide a breakdown for each Government Department office for 2009, 2010, 2011 and to date in 2012; and if he will make a statement on the matter. [50324/12]

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Written answers

The details of internal promotions since my Department was established in July 2011 are set out in the following table. Details of promotions in other Departments are a matter for those Departments.

Grade Number of Positions filled

Principal Officer Higher Scale

2

Principal Officer Standard Scale

0

Assistant Principal Higher Scale

18

Assistant Principal Standard Scale

0

Higher Executive Officer

7

Executive Officer

5

Staff Officer

0

The overall staffing levels in my Department are determined within the context of the staffing levels governed by the Employment Control Framework (ECF) for the Department currently in place. The filling of vacancies through promotion or otherwise is determined so as to ensure that my Department is adequately resourced and skilled to meet its strategic goals and priorities.

Public Sector Reform Review

Questions (135)

Éamon Ó Cuív

Question:

135. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the number of bodies that have been abolished or amalgamated by his Department out of the list of bodies listed in the public service reform document of 17 November 2011; the savings or cost of this in 2012; the projected savings or cost of this programme in 2013; and if he will make a statement on the matter. [50544/12]

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Written answers

As the Deputy is aware, the radical streamlining of State bodies is a key deliverable of the Public Service Reform Plan, published in November 2011. This streamlining includes 48 rationalisation measures to be implemented by the end of 2012, as well as a further 46 critical reviews to take place by the end of June 2012. Details of the bodies involved are set out in Appendices IIa and IIb of the Plan which can be found at: http://reformplan.per.gov.ie/files/2012/01/Public-Service-Reform-28112011.pdf .

On 31 October 2012, I updated my cabinet colleagues in relation to the agency rationalisation programme, which included progress on the merger of the Commission on Public Service Appointments with the Ombudsman’s Office, which are under the aegis of my Department.

I am glad to say that this merger has been completed and is legislated for in the Ombudsman Amendment Act which was recently passed. From the outset I have maintained that the real benefit from the rationalisation of state agencies will be a less crowded administrative landscape resulting in greater democratic accountability, less duplication of effort and clearer lines of responsibility. As this measure was completed on an administrative basis on 1 October 2010, any potential savings from the measure would have been taken into account in the overall consideration of the 2012 Revised Estimates for the CPSA and the Office of the Ombudsman and was reflected in their respective allocations.

Redundancy Payments

Questions (136)

Brendan Griffin

Question:

136. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the supports available to a person (details supplied) in County Kerry [50300/12]

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Written answers

Under the Redundancy Payment Scheme eligible employees (with at least two years continuous service in fully insurable employment) are entitled to a minimum statutory lump sum payment on being made redundant. A redundancy situation arises in general where an employee’s job no longer exists and he/she is not replaced including where the company ceases to operate because of financial or other considerations. An employee is entitled to two weeks’ pay for every year of service, with a bonus week added on, subject to the prevailing maximum ceiling on gross weekly pay which is currently €600. This lump sum payment is tax free. In addition, employees are entitled to notice as per the Minimum Notice Act prior to termination of employment.

Where an employer fails to comply with his or her redundancy payment/minimum notice obligations or where there is a dispute regarding entitlements, claims may be referred by the employee to the Employment Appeals Tribunal (EAT).

Redundancy Claims to the EAT must be made within 52 weeks from:

(i) the date of dismissal or

(ii) the date of ending of contract of employment.

Where there are also wages and payments in lieu of annual leave untaken or any public holiday benefit outstanding a case can be taken to the Rights Commissioners Service under the Payment of Wages Act. Cases must be referred to the Rights Commissioners Service within six months of the non-payment.

Where the employer is legally insolvent it is possible to pursue the entitlement to Redundancy Lump Sum through the Social Insurance Fund.

The form and further details on taking a case are available on the Workplace Relations Customer Services website www.workplacerelations.ie or through their Information Service at 1890 80 80 90.

Public Sector Reform Review

Questions (137)

Éamon Ó Cuív

Question:

137. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the number of bodies that have been abolished or amalgamated by his Department out of the list of bodies listed in the public service reform document of 17 November 2011; the savings or cost of this in 2012; the projected savings or cost of this programme in 2013; and if he will make a statement on the matter. [50542/12]

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Written answers

In the context of the Government’s Public Sector Reform document of November 2011 very significant progress has been achieved in relation to the Bodies under the aegis of my Department. The Bodies that are involved in the rationalisation programme are listed in full in Table 1 as well as the savings anticipated. I would like in particular to point to significant reforms underway in a number of the Bodies listed on which work is being progressed. This includes reforms such as the merging of the Competition Authority with the National Consumer Agency; a major programme of reform in relation to the rationalisation of the employment rights Bodies to reduce these in number from five to two; Government agreement to dissolve the existing County Enterprise Boards and create a “one-stop-shop” micro enterprise support structure; the integration of Forfás into the Department in order to strengthen the Department’s capacity to develop and implement enterprise policy and the decision in principle taken by Government on 8 May 2012 to separate Shannon Airport (SA) from the Dublin Airport Authority (DAA) and bring it together with Shannon Development to form a new entity with a commercial mandate in public ownership, thereby achieving the re-alignment of tourism and enterprise support functions in the Shannon region.

Table 1

Name of Body

Savings/cost in 2012/2013

Current Status

County and City Enterprise Board (35)

It is to be expected that over time there will be savings resulting from the removal of costs associated with the individual Company status of each CEB, use of shared services, reduced rental costs associated with the relocation of some offices etc. However initial direct savings will be modest as it could take some years to realise these savings due to existing leasing arrangements etc.

The Government has approved the restructuring of the enterprise support model for the micro and small business sectors. This restructuring will include the dissolution of the County and City Enterprise Boards (CEBs), the transfer of their functions, assets and liabilities to Enterprise Ireland (EI) and the development of a new Small and Micro Business Division within Enterprise Ireland (EI) as a centre of excellence in the provision of supports to the small and micro enterprise sectors, and the establishment of Local Enterprise Offices (LEOs) to provide a “one-stop-shop” for small businesses within Local Authorities.

A high level Implementation Working Group (IWG) chaired by DJEI has been established to oversee the implementation of the Government decision.  The detailed arrangements for the new structures are well advanced by the IWG, including a draft of a comprehensive Service Level Agreement between EI and Local Authorities, which will underpin the new model.  A project plan, which sets out clear milestones and timelines for implementation, including the legislation necessary to give formal effect to the new arrangements, is being finalised.

A Memorandum to Government seeking approval to draft the General Scheme of an Industrial Development (Micro Enterprise and Small Business) Bill will be brought in Mid-November.

Competition Authority and

National Consumer Agency

Initial set-up costs will be incurred.

No savings in whole-time

equivalent (WTE) numbers.

The legislation to give effect to the merger of the Competition Authority and the National Consumer Agency is currently on the A list of the Government's legislative programme. It is hoped that the legislation will be published by mid-January 2013.

Labour Court

National Employment Rights Authority

Labour Relations Commission

Employment Appeals Tribunal

Equality Tribunal

The annual cost of the Workplace Relations Services amounted to some €20m in 2010. It is expected that significant savings, in terms of both reductions in staff numbers & increased efficiency & productivity, will be generated by the end of 2013 by which time the majority of the Workplace Relations Reform Programme will have been implemented. Work has commenced on identifying and capturing on-going pay and non-pay savings.

A major reform programme is underway to replace the five existing employments rights bodies with two. Four of the existing bodies – the Employment Appeals Tribunal, the National Employment Rights Authority, the Labour Relations Commission and the Labour Court – are currently within the remit of the Department. One – the Equality Tribunal – is currently within the remit of the Minister for Justice and Equality. 

In terms of delivering the reform a number of important priority actions have been successfully delivered, including the development of a:

Single Contact Portal

A new single contact portal called “Workplace Relations Customer Services” is fully operational since the beginning of 2012 and provides a single point of entry into the system for employment rights and industrial relations information. 

Single Complaint Form

A Single Complaint Form that deals with over 100 first instance complaints was launched on the 4th of January 2012 replacing 30 forms previously in use. 

Workplace Relations Website

The new interim workplace relations website www.workplacerelations.ie went live on 4th January 2012.  This website brings together, in one place, information on all aspects of employment rights and industrial relations.

Early Resolution Service

Delivery of a pilot Early Resolution Service has commenced.  This service will assist parties to a dispute to resolve the issue themselves with the assistance of a Case Resolution Officer. 

Consultation

The Minister has undertaken two public consultation processes and published two policy papers setting out in detail how the reform will be delivered.  He engaged with the Oireachtas Committee on Jobs, Enterprise and Innovation in July 2012.

Legislation

A draft Scheme of the Workplace Relations Bill, which will put the reforms on a statutory footing, has been prepared and the Cabinet approved the priority drafting of the Bill in July 2012.

Forfás

The integration of Forfás into the Department is not driven by cost savings, but it will improve efficiencies/synergies between the Department and Forfás.

It is envisaged that some savings will arise when the integration process is complete, especially in the Corporate Services area.

 

An Implementation Group, comprising senior management from the Department, Forfás, and the Department of Public Expenditure and Reform, is overseeing the integration project and meets on a regular basis. An Executive style Board has also been put in place in Forfás to oversee the transfer of the agency’s functions and responsibilities.

Good progress is being made in identifying and resolving issues that need to be addressed.  Completion of the project will require the enactment of legislation to transfer Forfás’s functions.

Advisory Council for Science, Technology and Innovation (ASCTI)

ACSTI operates as a sub-board of Forfás; all costs are met from the Forfás allocation. 

The role of the ACSTI is being reviewed in the context of the amalgamation of Forfás into the Department and appropriate arrangements for supporting the Research Prioritisation Exercise.

National Competitiveness Council (NCC)

There is no direct funding allocated to NCC.  The Secretariat to the NCC is currently provided by Forfás, and will be absorbed into the Department as part of the integration of Forfás.

The NCC will continue to operate as an independent advisory body with a refreshed mandate and potentially some changes in membership.  Secretariat services will continue to be provided by Forfás/Departmental staff following the integration of Forfás into DJEI. 

Shannon Development

This is a restructuring and merger of Shannon Development and Shannon Airport.  As Shannon Development is self-financing there is no cost saving in either 2012 or 2013. There is an elimination of duplication of roles between Shannon Development, Enterprise Agencies and Fáilte Ireland in the region.

On 8th May 2012, the Government decided in principle to separate Shannon Airport (SA) from the Dublin Airport Authority (DAA) and bring it together with Shannon Development to form a new entity with a commercial mandate in public ownership.  The Minister for Transport, Tourism and Sport and the Minister for Jobs, Enterprise and Innovation established a Steering Group to bring forward proposals for the implementation of that decision.  Two Task Forces have also been established; the Aviation Business Development Task Force and the Change Management Task Force.

The Steering Group will be reporting back to Government with proposals to implement the Government decision before the end of this month.

Office of the Chief Scientific Adviser (CSA) to the Government

The 2012 budget allocation for the Office of the CSA was €95k (this reflects 8/12 of the annual allocation as the CSA contract ceased in August 2012). In addition, two research staff, at a pay cost of €135K were available, on loan from Forfás, to support the Office.

The Office of the CSA was included in the bodies due for critical review under the Public Sector Reform initiative. Following a Government decision on 11/10/12 to abolish the separate Office of the Chief Scientific Adviser (CSA), the Director General of Science Foundation Ireland has taken on the role of Chief Scientific Adviser to the Government in addition to his existing role

IDA Site Visits

Questions (138)

Paudie Coffey

Question:

138. Deputy Paudie Coffey asked the Minister for Jobs, Enterprise and Innovation the number of visits that have been made to County Waterford for the first ten months of this year, to the end of October, by potential Industrial Development Agency backed investors; and if he will make a statement on the matter. [50555/12]

View answer

Written answers

I am informed by IDA Ireland that, since the beginning of 2012 to date, there have been 12 IDA sponsored site visits by potential investors to Waterford.

In order to achieve balanced regional development IDA Ireland focuses on marketing Gateway locations within each Region as the areas of critical mass and highlights the opportunities provided by Hub locations which are within commuting distances of these Gateways.

County Waterford forms part of IDA Ireland’s South Economic Region along with the counties of Cork, South Tipperary, Kerry, Wexford, Carlow and Kilkenny. The locations of emphasis for IDA in this Region are the Gateways of Cork and Waterford and these are actively promoted to potential investors through IDA’s network of overseas offices.

The investment projects that IDA is seeking to attract to Waterford rely principally on the skill sets of its people and on strong business and educational infrastructure in the Gateway.

I am also pleased to report that solid progress is being made on pursuing the objectives of the South East Employment Action Plan, which I initiated following the closure of the Talk Talk Call Centre. All the key State players are actively pursuing initiatives to facilitate development and job creation in the region.

The first phase of the €23 million Belview Strategic Water Supply Scheme was officially opened earlier this year. This will facilitate industrial development and job creation in Kilkenny and the South East. The total investment for this phase of the scheme is €13m.

Action Plan for Jobs

Questions (139)

Paudie Coffey

Question:

139. Deputy Paudie Coffey asked the Minister for Jobs, Enterprise and Innovation if he will provide this Deputy with a detailed progress report on the delivery of the Forfás south east action plan; and if he will make a statement on the matter. [50557/12]

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Written answers

I am pleased to report that solid progress is being made on pursuing the objectives of the South East Employment Action Plan, which I initiated following the closure of the Talk Talk Call Centre. All the key State players are actively pursuing initiatives to facilitate development and job creation in the region. I travelled to Waterford during the summer to meet the members of the South-East Forum and I was heartened to hear of the progress being made.

Foremost amongst these has been that Enterprise Ireland has supported the establishment of the Eishtec Call Centre in Waterford city, where employment had reached 280. This is a very significant achievement in a short space of time. Other recent initiatives by Enterprise Ireland in the region included the approval of 14 high quality projects under their Competitive Feasibility Fund. A total of €200,000 has now been committed under this Fund and this will be paid out as the projects develop.

Earlier this year McDonald’s Ireland and Dawn Meats announced that Dawn Meats had been awarded a 5 year €300 million contract to process up to 18,000 tonnes of Irish beef annually for McDonald’s. The deal has led Dawn Meats to invest €14.5 million in a new purpose built, state of the art, beef processing facility in Carroll’s Cross, County Waterford, creating 65 new jobs. This investment was also supported by Enterprise Ireland. Other recent Enterprise Ireland initiatives include the fact that 12 companies have been approved for Graduate Placement, 5 Community Enterprise Centres have been approved for funding to appoint full-time business development managers and there has been a high take-up of the Enterprise Ireland Innovation Voucher scheme in Waterford. Another recent Enterprise Ireland initiative has been the establishment of a 'New Frontiers Programme' in both Carlow and Waterford Institutes of Technology, designed to support entrepreneurs (primarily in the technology and export-focused sectors) in the development of their business plans. There are 20 participants now on this programme.

The two local County Enterprise boards, in the city and county, have created a significant number of new jobs and the South East Regional Authority has secured EU funding for a number of enterprise and innovation-focussed projects.

FAS training services having provided training for over 5,000 people and that Agency is also undertaking a wide range of other training initiatives. Several tourist initiatives are underway in the region and Science Foundation Ireland has funded 8 research awards to Waterford Institute of Technology.

Other developments include the first phase of the €23 million Belview Strategic Water Supply Scheme which was officially opened earlier this year. This will facilitate industrial development and job creation in Kilkenny and the South East. The total investment for this phase of the scheme is €13m.

I will continue to pursue ongoing co-operation and collaboration between all the various stakeholders across the South East region to pursue the Action Plan recommendations.

Departmental Staff Promotions

Questions (140)

Maureen O'Sullivan

Question:

140. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation the number of promotions made in his Department to principal officer higher scale, principal officer standard scale, assistant principal officer higher scale, assistant principal officer standard scale, higher executive officer scale, executive office scale and staff officer scale; the total for all of his Department; if he will provide a breakdown for for 2009, 2010, 2011 and to date in 2012; and if he will make a statement on the matter. [50979/12]

View answer

Written answers

The information requested by the Deputy with regard to my Department is set out in tabular format.

Promotion Grade

2009

2010

2011

2012 to date

Total 2009-2012 to date

Executive Officer

3

3

Higher Executive Officer

1

1

2

Assistant Principal, Standard Scale

5

5

10

Principal Officer, Standard Scale

1

1

4

6

Total

4

1

6

10

21

Gender Recognition

Questions (141)

Thomas Pringle

Question:

141. Deputy Thomas Pringle asked the Minister for Social Protection her plans to introduce gender recognition legislation in order to comply with obligations under the European Convention on Human Rights; and if she will make a statement on the matter. [50227/12]

View answer

Written answers

The Gender Recognition Advisory Group (GRAG) was established in 2010 to advise the Government on the legislation required to give legal recognition to the acquired gender of transgender persons. The Report of the Group, which recommends a scheme for the legal recognition of transgender persons, was approved by the Government on 12 July 2011, and was subsequently published on 14 July, 2011.

Since the publication of the Report, the Department has been working on developing draft Heads of a Gender Recognition Bill. In this context, it has engaged in discussions with the relevant medical health professionals and with representatives from interested NGOs. Given the legal complexities involved in relation to some of the GRAG recommendations relating to the marital and civil partnership status of individuals, in March, my Department sought advice from the Office of the Attorney General, which in turn sought the legal opinion of external counsel on these issues.

Preliminary discussions have taken place between my Department, the Office of the Attorney General and the Department of Justice and Equality in relation to the legal opinion of external counsel. The Office of the Attorney General is in the process of considering the various approaches suggested by counsel. Once my Department receives the formal legal advice from the Office of the Attorney General, this will inform the drafting of the Heads of Bill. Given the sensitive and complex nature of the issues involved, it is my intention to ask the Oireachtas Committee on Jobs, Social Protection and Education to discuss the provisional draft Heads of Bill once they are completed.

It is therefore not possible to be definitive at this stage about when I will be in a position to introduce legislation to give legal recognition to the acquired gender of transgender persons. When my Department has received the formal opinion of the Attorney General’s Office and when the Oireachtas Committee has discussed the provisional draft Heads of Bill I will be in a better position to give a timeframe for the introduction of the legislation.

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