Written Answers Nos. 45-53
45. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the security and leasing costs of vacant Office of Public Works' properties throughout the State; and his plans to make such premises available for community and civic groups. [3054/13]
View answerThe leasing costs associated with vacant space is currently €47,115 per annum. Leased properties that have been vacated prior to surrender are not included in this. The security costs on these premises is €13,817.
The Commissioners of Public Works are currently assessing the options arising in respect of vacant State-owned buildings, most of which are recently closed Garda Stations. This assessment will include other potential State uses for the properties. If and when properties are considered surplus to requirements, the Commissioners will consider options, including disposal on the open market and where applicable, viable local proposals.
47. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he will provide a measure of the level of employment flexibility that exists within the public service in terms of both redeployment, sourcing of new employees from outside the public service and promotional prospects within the service; and if he will make a statement on the matter. [3051/13]
View answerThe Public Service Agreement 2010-14 (Croke Park Agreement) provides for agreed redeployment arrangements to apply in the Civil Service and in other parts of the public service.
Under the Agreement, redeployment generally takes precedence over all other methods of filling a vacancy and supersedes any existing agreements on the deployment of staff. It allows staff to be moved from activities which are of lesser priority, or which have been rationalised, reconfigured, or restructured, to areas of greater need. In practical terms these arrangements represent a means of facilitating the targeted reduction in public service numbers in the period 2010 to 2014 while sustaining the ongoing delivery of services.
Redeployment is managed separately within the Local Authority, Education, and Health sectors and day-to-day issues are a matter for the Minister responsible for the relevant sector. Progress is reported directly to the Implementation Body and details are available on its website at http://implementationbody.gov.ie/progress-and-delivery/.
There is a recruitment and promotion moratorium in place in the civil service, local authorities, non-commercial state bodies, the Garda Síochána and the Permanent Defence Forces. Decisions on exceptions to the moratorium are taken in the context of the business needs of the relevant organisation and any redeployment arrangements agreed for the civil and public service.
Recruitment and promotion policy in the civil and public service continues to be based on sourcing the best people for the job. To achieve this, internal promotion competitions and open competitions for more specialist posts will continue to be features of current resourcing policy at all levels.
48. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the actions that have been taken to date in respect of the public sector voluntary redundancy scheme he announced in October 2012; if a cost benefit analysis has been undertaken; and if he will make a statement on the matter. [2798/13]
View answerAs I have reiterated on a number of occasions, this Government is committed to developing a leaner, more efficient Public Service. To this end, we agreed on 2 October 2012 to accelerate the reduction in Public Service numbers in order to achieve the previous end 2015 target of 282,500 by end 2014 instead.
Greater efficiencies in the way the Public Service is going about its business means that some posts have been identified by Departments as surplus. Where surplus staff cannot be redeployed, Voluntary Redundancy can now be used.
Initially Voluntary Redundancy will be rolled out in three areas – the Department of Agriculture, Food and the Marine and specific parts of the Health and Education Sectors. These Departments estimate that there will be scope to effect about 2,000 exits from these areas over time, mainly from back office and support areas and management and administrative grades. The availability of Voluntary Redundancy for these areas will be useful in supporting the achievement of organisational reforms and restructuring. Obviously, as Voluntary Redundancy is being targeted at areas with identified staff surpluses, there will not be replacement of the departing staff.
It is proposed to proceed with these schemes as soon as possible. Each of the relevant Departments is liaising with my Department to ensure roll out of Voluntary Redundancy as soon as the necessary plans have been have been finalised and arrangements made. The Scheme may be rolled out to other areas of the Public Service if deemed appropriate.
I would stress that there will be no automatic right to redundancy and all applications will be subject to ongoing business needs and service provision priorities.
The terms of the Scheme will be as agreed between my Department and the Public Services Committee of ICTU which came into effect on 1 June last year. A copy of the Collective Agreement is set out.
Collective Agreement: Redundancy Payments to Public Servants
Under the Public Service Agreement 2010 – 2014 the parties have agreed that Public Service numbers will be reduced in accordance with Government policy on public service numbers, as implemented through Employment Control Frameworks. To that end, the Agreement states (paragraph 1.5) that, where the circumstances require it, the Government may offer voluntary mechanisms to exit the public service, whether generally or in specific sectors, bodies, locations or services.
The Agreement includes a commitment (paragraph 1.6) by public service management that compulsory redundancy will not apply within the Public Service; however this is subject to some key qualifications, namely that it is subject to compliance with the terms of the Agreement, in particular on flexibility on redeployment. There is a saver for circumstances “where existing exit mechanisms apply”. There are established practices for making public servants redundant in appropriate circumstances, on the expiry of employment contracts or where redundancy terms have been agreed or generally applied1.
It has been agreed on behalf of the Department of Public Expenditure and Reform and the Public Services Committee of ICTU that the following will apply, with effect from 1 June 2012, on the redundancy of a public servant as defined under the Financial Emergency Measures in the Public Interest Acts 2009 – 20112 or group or class of public servants3:
- Any ex gratia payment will amount to no more than 3 weeks pay per year of service, subject to the total statutory redundancy and ex gratia payment not exceeding either 2 years’ pay or one half of the salary payable to preserved pension age, whichever is less;
- In accordance with the provisions in the Redundancy Payments Acts 1967 - 2007, public servants in employment for less than 2 years [104 weeks] are not eligible for a severance payment (statutory or ex gratia);
- Public servants will be advised in writing prior to acceptance of the ex gratia payment that s/he will not be eligible for re-employment in the public service by any public service body (as defined by the Financial Emergency Measures in the Public Interest Acts 2009 – 2011) for a period of two years from termination of the employment. Thereafter the consent of the Minister for Public Expenditure and Reform will be required prior to re-employment. This declaration will also include an authorisation that their information (PPS number and details) can be used by their employer or any other public service body for the purposes of monitoring compliance with this provision.
1 The implementation Body established under the Agreement has noted [17 February 2012] that it was not intended that these practices would be superseded by the Agreement.
2 Including public servants employed for a fixed term, meeting the criteria for redundancy under the Redundancy Payments Acts 1967-2007 and to whom a redundancy payment is required to be paid in accordance with the Protection of Employees (Fixed Term Work Act) 2003.
3 A public service employer may seek the sanction of its parent Department and the Department of Public Expenditure and Reform to make a collective agreement with a body representing relevant employees that varies some or all of the terms of this agreement. The redundancy arrangements specified under DES Circular 0058/2006 are unaffected by this agreement.
This collective agreement will be reviewed from time to time in light of the prevailing economic and fiscal conditions.
49. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform if, in view of the early retirement of many senior valuers and the freeze on public sector recruitment, the Valuation Office is sufficiently resourced in order to accelerate the programme of revaluation of commercial premises, as per the Action Plan for Jobs; the number of times section 40 of the 2001 Valuation Act has been exercised by the Valuation Office and the criteria and processes by which this section has been used; and if he will make a statement on the matter. [3049/13]
View answerThe Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act, 2001 and the carrying out of valuations for rating purposes is his sole prerogative and the Act does not accord me as Minister any function in this regard.
The current staffing complement of the Valuation Office is 135, representing 132.4 whole time equivalent posts. The appointment of officers to carry out the revaluation of properties is the function of the Commissioner which he exercises under his powers of delegation set out in section 11 of the Act.
The Valuation (Amendment) (No. 2) Bill, 2012 which had its second stage reading in Seanad Éireann on 11th October, 2012 provides for a number of initiatives to accelerate the overall revaluation programme, such as the piloting of a self-assessment scheme of valuation in one local authority area, which if it proves successful could be extended to other areas. There is also provision in the Bill to allow for the assessment of valuations by contract valuers under an external delivery scheme which would also be initiated as a pilot project. The Bill also contains provisions to streamline the overall process of revaluation and the appeal mechanisms available to ratepayers subsequent to the revaluation.
Section 40 of the Valuation Act provides for amendment of the valuation lists in relation to “similarly circumstanced” property arising from decisions of the Valuation Tribunal, the High Court or the Supreme Court. The Section has been exercised on 464 occasions and there are currently 56 cases under consideration. The criteria and processes to be employed by the Commissioner are matters for his decision in each particular case as the circumstances require, in accordance with the provisions of the Act.
50. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will provide in tabular form the number of occasions since March 2011 that a contracting authority has excluded an applicant from a public contract on the basis that there is a judgement by the Labour Court against the applicant; the number of occasions such an excluded applicant has made a case and provided supporting evidence on the reason it should not be excluded; and in such instances was the applicant subsequently excluded or included. [3083/13]
View answerThe information sought by the Deputy is not recorded centrally by my Department. The responsibility for implementation of the public procurement rules rests with individual contracting authorities. Details of any exclusion by a contracting authority of an applicant from a public procurement process would be held by the individual contracting authorities concerned.
51. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 23 of 21November 2012, the reason there was no consultation with any organisation or body which represents commercial ratepayers in drafting the Valuation (Amendment) (No.2) Bill 2012; the reason no redefinition of the material change of circumstances provision has been included in the legislation to combat the narrow interpretation currently employed by the Valuation Office which does not allow for changes in economic circumstances to be taken into account; and if he will make a statement on the matter. [3050/13]
View answerThe Valuation (Amendment) (No.2) Bill, 2012 had its second stage reading in Seanad Éireann on 11th October, 2012 and in the interim a number of organisations and bodies, including organisations representing various commercial ratepayers, have made detailed submissions to me on various aspects of the Bill. My officials have held consultations with the representatives of these organisations and this process is still underway. I am willing to meet other interested parties who express an interest in the provisions of the Bill as was pointed out in the course of the debate in the Seanad.
As regards the definition of “material change of circumstances” (MCC), the position is that the valuations of individual properties are revised to reflect physical changes that have occurred such as new buildings, extensions, sub-divisions, exemptions, etc. This is a consequence of the statutory provisions expressly set out in Part 6 of the Valuation Act 2001 rather than any restrictive interpretation adopted by the Valuation Office. Individual properties the subject of applications for revision, are valued by reference to the values on the valuation list of other properties in the same rating authority area. The values are based on the actual physical characteristics of the property at the time of valuation.
On the other hand, the general revaluation provisions in Part 5 of the Valuation Act 2001 takes account of the economic changes that take place in the property market over time. A revaluation is where all properties in a rating authority area are valued by reference to market conditions prevailing at a specific valuation date and these valuations become effective for rating purposes at the same time across the entire rating authority area. Economic conditions prevailing at the date of revaluation are effectively frozen until the next revaluation takes place which, under the provisions of the 2001 Act, must take place every 5-10 years. As the property market is dynamic, it would not be possible to reflect ongoing economic changes in the valuation list and at the same time maintain stability between values on the list and equity and fairness between ratepayers. If revision of individual property values was to have regard to economic factors then a ratepayer whose property was being revised would be advantaged or disadvantaged vis-a-vis other ratepayers depending on the relative strength or weakness of the property market at that point in time. It is for that reason that a change in the MCC provisions has not been included in the Bill now before the Oireachtas.
However, the restrictive nature of the MCC provisions means that in certain circumstances where it may be appropriate to amend a valuation, e.g. where an error occurred in relation to a valuation, it is currently not possible to do so. It is proposed therefore, to amend the Valuation Act, 2001, so that following a decision not to amend a valuation because no material change in the circumstances had occurred, the ratepayer may within 40 days make representations to the Commissioner of Valuation who can then amend the valuation so that it is comparable to the valuations of similar properties on the same valuation list.
52. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform if he will consider making the contracts for public private partnerships publicly available to enhance accountability; if his attention has been drawn to the fact that the designation of contracts such as these as commercially sensitive hinders the ability of elected representatives to hold public authorities to account and ensure value for money; and if he will make a statement on the matter. [2837/13]
View answerThe current arrangements in place in relation to the control and monitoring of PPP contracts are in line with EU law in this area and are consistent with the approach adopted in the UK and other countries.
PPP contracts involve the private sector partner designing, building, financing, operating and/or maintaining the asset over a 25-30 year period. By their nature PPP sector-specific contract provisions can be generic. For instance, contract provisions can be broadly similar for education, health, justice accommodation type projects, with certain individual differences or commercial arrangements. The model contract template for use in PPPs in Ireland is available on my Departments website www.ppp.gov.ie.
However signed contracts are ‘commercially sensitive’ reflecting the negotiated commercial positions consistent with the above template parameters and I am not convinced that publishing market sensitive information ensures value for money, and in fact can have the opposite effect.
In accordance with our Public Financial Procedures (PFP) the Comptroller and Auditor General has for audit purposes unlimited access to the files of the NDFA and the NRA in relation to procedures adopted in procuring PPPs.
In addition throughout the contract period (both construction and operation) the contracting authority will:
- monitor private partner performance (assisted by its own process monitor);
- monitor the financial accounts of the PPP Co (monthly, semi-annual, annual);
- inspect the site as appropriate;
- review correspondence with the private consortium funders etc. on a needs be basis.
From the above, the contracting authority has visibility as to whether or not the private sector partner is performing its obligations, providing services in line with its contract and paying its debt obligations throughout the contract.
Again, the Comptroller and Auditor General has access to all such information in the course of auditing these bodies.
53. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the percentage of senior civil servants from principal officer upwards who are women; and the percentage of assistant Secretaries General and Secretaries General grades who are women. [3082/13]
View answerBased on data reported by Departments, the information sought by the Deputy is as follows:
|
Non Industrial Civil Servants - end December 2012 by Full time equivalent (FTE) |
Female (FTE) |
Male (FTE) |
Total (FTE) |
Female % of Total |
Male % of Total |
|
Secretary General & Second Secretary Equivalent Grade |
9 |
25 |
34 |
26.5 |
73.5 |
|
Deputy Secretary & Equivalent Grade Total |
4 |
8 |
12 |
33.3 |
66.7 |
|
Assistant Secretary & Equivalent Grade Total |
53 |
166 |
219 |
24.2 |
75.8 |
|
Principal Officer & Equivalent Grade Total |
399 |
785 |
1,184 |
33.7 |
66.3 |
|
TOTAL |
465 |
984 |
1,449 |
32.1 |
67.9 |
