Tuesday, 12 Feb 2013

Written Answers No. 296-318

Student Grant Scheme Applications

Questions (296)

James Bannon

Question:

296. Deputy James Bannon asked the Minister for Education and Skills if he will provide an update as to when person (details supplied) in County Westmeath, will be awarded their third level grants, which they applied for early last year, based on their parents’ income for the previous and current years, as they will be forced to pull out of college on the 14 February, if they do not receive their grants by then; and if he will make a statement on the matter. [7229/13]

Written answers

Minister for Education and Skills (Deputy Ruairí Quinn)

Student Universal Support Ireland (SUSI) has confirmed that the application from the first named student is being reviewed and SUSI will notify the student directly of the outcome as soon as possible.

I understand that the second named student appealed the original decision made on his application to the appeals officer in SUSI on 4th February 2013. The case is being reviewed by the appeals officer and a decision will issue within 30 days.

Student Grant Scheme Eligibility

Questions (297)

James Bannon

Question:

297. Deputy James Bannon asked the Minister for Education and Skills if he will consider an application for grant aid in respect of a person (details supplied) in County Longford with a Bachelor of Science honours degree, which is urgently needed as they are dependent on financial assistance to undertake this course; and if he will make a statement on the matter. [7233/13]

Written answers

Minister for Education and Skills (Deputy Ruairí Quinn)

The Deputy will appreciate that in the absence of all of the relevant details that would be contained in an individual's application it would not be possible for me to say whether or not a student would qualify for a grant. The student will need to have his eligibility for a grant assessed by his grant awarding authority. If an individual applicant considers that she/he has been unjustly refused a student grant, she/he may appeal, in the first instance, to their awarding body.

Where an individual applicant has had an appeal turned down, in writing, by their awarding body, and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grant Appeals Board.

Student Grant Scheme Appeals

Questions (298)

John McGuinness

Question:

298. Deputy John McGuinness asked the Minister for Education and Skills the status of an application for a grant to Student Universal Support Ireland in respect of a person (details supplied) in County Kilkenny; and if he will expedite a response. [7249/13]

Written answers

Minister for Education and Skills

Officials in my Department have confirmed with Student Universal Support Ireland that the student referred to by the Deputy was awarded a grant and an award letter issued on 8th November 2012. The student subsequently appealed the level of the award to the appeals officer in SUSI. The original decision was upheld. A letter issued to the student on 21st January 2013 in this regard.

The student lodged an appeal with the Student Grant Appeals Board on 5th February 2013. This appeal will be heard as soon as possible and within the 60 days statutory timeframe set out in the Student Support Act 2011.

Student Grant Scheme Payments

Questions (299)

Michael Healy-Rae

Question:

299. Deputy Michael Healy-Rae asked the Minister for Education and Skills the reason more than 7,000 people are still waiting to have their Student Universal Support Ireland grants paid as of first week of February; if this figure is accurate or if the figure is greater than 7,000; and if he will make a statement on the matter. [7256/13]

Written answers

Minister for Education and Skills (Deputy Ruairí Quinn)

I understand from Student Universal Support Ireland that 3,061 students who have been awarded a maintenance grant as at the 12 February 2012 are due to be paid by SUSI. The majority of these students currently awaiting payment will be paid within the next two weeks, depending on their submission of bank account details. A number of students will be paid on Friday 15th February 2013.

Student Grant Scheme Appeals

Questions (300)

Seán Ó Fearghaíl

Question:

300. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if he will ensure that an appeal is processed urgently by Student Universal Support Ireland in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7267/13]

Written answers

Minister for Education and Skills

Officials in my Department have confirmed with Student Universal Support Ireland that the student referred to by the Deputy was awarded a grant and an award letter issued on 24th December 2012. The student appealed the level of the award to the appeals officer in SUSI. The appeals officer has reviewed the case and I understand that a decision will issue shortly.

Departmental Expenditure

Questions (301)

Jim Daly

Question:

301. Deputy Jim Daly asked the Minister for Education and Skills the cost incurred by his Department for assessing means of individual citizens for any reason on an annual basis; and if he will make a statement on the matter. [7386/13]

Written answers

Minister for Education and Skills (Deputy Ruairí Quinn)

The principal means tested scheme provided under the aegis of my Department is the student grant scheme.

While the Department is not involved directly in means testing for student grants, means testing is carried out on its behalf by, currently, 66 grant awarding authorities. Eligibility for a student grant is not solely based on means. Eligibility is tested against a range of qualification criteria including means, nationality, residency, course progression etc. as required by the relevant student support scheme and regulations.

Means assessment costs for student grants are not apportioned to the individual test elements.

Departmental Funding

Questions (302, 305, 306)

Aengus Ó Snodaigh

Question:

302. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if he will calculate the savings in 2013 arising from the earlier closing of the visiting teacher service for Travellers and the system of resource teachers for Travellers. [7412/13]

Aengus Ó Snodaigh

Question:

305. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the allocation in 2012 and subsequent outturn, with the allocation in 2013 of funding from the 123 compensatory and alleviation posts under the former scheme for resource teachers for Travellers. [7415/13]

Aengus Ó Snodaigh

Question:

306. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the funding provided, for each of the years 2008, 2009, 2010, 2011 and 2012, with the subsequent outturn, under the heading of extra teaching hours at second level for Travellers and the allocation for 2013. [7417/13]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 302, 305 and 306 together.

The decision to withdraw all Resource Teacher for Travellers posts was taken by the previous Government. The economic situation has meant that very difficult decisions have had to be taken in order to make expenditure savings and to ensure that teacher numbers remain within the Public Service Employment Control Framework.

Traveller pupils who are eligible for learning support teaching should receive this tuition through the existing learning support provision in schools. All schools should select students for learning support on the basis of priority of need.

Limited alleviation measures have been provided to assist schools which have high numbers or concentrations of Traveller pupils who were previously supported by Resource Teacher for Travellers (RTT) posts.

As at the end of January 2011 the number of Resource Teachers for Travellers employed amounted to a total of 709.54 WTE posts nationwide, being made up of 488 posts at primary school level and 221.54 posts at post primary level.

Traveller enrolments were included in the valid enrolment for the purpose of allocating additional staffing under DEIS from the 2011/12 school year. 81 posts were used for this readjustment.

Post Primary schools and non DEIS PTR enhanced Primary schools were allocated alleviation posts on the basis of having 33 or more pupils in their schools previously supported by RTT posts. 38 such alleviation posts were allocated to schools, including 18 posts at post primary school level.

Some 22 additional alleviation posts were also allocated to the Post Primary schools and Primary schools who had the highest percentage of traveller pupils previously supported by RTT posts, in comparison to other schools, taking into account their overall pupil populations, and who had not qualified for the first round of alleviation posts. This included 3 posts at post primary level.

A total of 141 posts were therefore used for adjustment, alleviation, or additional alleviation for schools, giving an overall net reduction of 568.54 posts, with an approximate saving of €34m per annum.

Some 141 adjustment, alleviation, or compensatory posts were provided in 2012 and the same number are being provided in 2013, at an estimated cost of €8.4m.

It should be noted that the General Allocation Model which provides additional learning support and resource teaching allocations for primary schools was updated for all primary schools for the 2012/13 school year and included the traveller pupils who had previously been supported by RTT posts under the General Allocation Model.

The total number of Resource Teacher for Traveller posts or posts providing extra tuition for traveller post primary pupils for the years from 2008-2013 are as follows:

Total Traveller Allocation:

2008/2009 - 205;

2009/2010 - 226;

2010/2011 - 225;

2011/2012 - 21;

2012/2013 - 21;

2013/2014 - 21.

The posts from 2011/12 are the alleviation posts provided at post primary level.

In relation to the Visiting Teacher for Traveller posts, under the National Recovery Plan 2011-2014, the Visiting Teachers Service for Travellers (VTST) was also discontinued from September 2011. A total of 40 Whole Time equivalent posts were withdrawn as a result of this measure at an estimated saving cost of €2.4m.

In September 2009 management of the Visiting Teachers Service for Travellers was assigned to the National Education Welfare Board to be integrated with School Completion Programme, Home School Community Liaison and the Education Welfare services to provide a more focussed approach to deliver better outcomes for children and families, including the Traveller Community. Responsibility for the NEWB and its services transferred to the Minister for Children and Youth Affairs with effect from May 2011. The two departments continue to work together to ensure that the services in the NEWB, including the SCP, the HSCL and the EWS will have a renewed focus to more effectively target and support all children at risk, including Traveller children. The NEWB is currently developing its new integrated service in schools, One Child, One Team, One Plan: NEWB Service Delivery for DEIS and non-DEIS schools.

Traveller Community

Questions (303, 304)

Aengus Ó Snodaigh

Question:

303. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if he will list individually all the now closed senior Traveller training centres; if he will provide details, under each, as to whether the centres are still in use and for what purpose; and the plans he has for each building or set of buildings, including their possible use by the Traveller community. [7413/13]

Aengus Ó Snodaigh

Question:

304. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills following the closure of the senior Traveller training centres, if he will provide annual details of the numbers of travellers participating in the back to education and other initiatives designed to take their place; the educational outcomes of their participation; and if he will make a statement on the matter. [7414/13]

Written answers

Minister of State at the Department of Education and Skills

I propose to take Questions Nos. 303 and 304 together.

The Senior Traveller Training Centre (STTC) programme was phased out last June. It was delivered by Vocational Education Committees (VECs) which either owned or leased centres. My Department does not hold information on the each of the centres and it is a matter for each VEC to decide on how best to make use of them.

According to statistics collected by VECs and returned to my Department, in 2011, 733 Travellers participated in part-time further education programmes under the Back to Education Initiative (BTEI) and 578 participated in Youthreach. Information on outcomes for Travellers is not available separately. The full range of Adult and Further Education part-time and full-time programmes (Adult Literacy, Community Education, BTEI, Youthreach, the Vocational Training Opportunities Scheme (VTOS) and Post Leaving Certificate (PLC)), have always been and continue to be open to Travellers.

Questions Nos. 305 and 306 answered with Question No. 302.

Traveller Community

Questions (307)

Aengus Ó Snodaigh

Question:

307. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills his estimates as to the total value of his Department's investment in Traveller education for each year 2008, 2009, 2010, 2011, 2012 and 2013 projected, with a full explanation as to the way these figures are calculated in each case. [7421/13]

Written answers

Minister for Education and Skills

This Government has tried to protect, insofar as possible, overall expenditure in education to ensure appropriate provision for all system users, including members of the Travelling Community.

Current policy in relation to Traveller education is underpinned by the Report and Recommendations for a Traveller Education Strategy which was launched in 2006, following wide ranging consultation with relevant stakeholders including Traveller representative groups. The Strategy covers, in a very comprehensive manner, aspects of Traveller Education from pre-school right through to further and higher education within a lifelong learning context.

The principle of inclusion is at the core of the Strategy and, accordingly, the focus of both current and future provision is on the development of a more inclusive school environment through the whole school planning process, teaching practice, admissions policies, codes of behaviour and whole school evaluation. In keeping with this principle, additional resources provided in the education system are allocated on the basis of individual educational need rather than that of ethnic or cultural background.

A number of other decisions and policy changes have resulted in the allocation of resources to ensure their most appropriate use in an inclusive education system. These include fulfilling the recommendations of the Traveller Education Strategy, the National Recovery Plan 2011 - 2014 as well as the implementation of Value for Money Reviews of School Transport and Senior Traveller Training Centres.

I have arranged for the financial information requested by the Deputy to be forwarded to him by my Department.

Croke Park Agreement Savings

Questions (308)

Patrick Nulty

Question:

308. Deputy Patrick Nulty asked the Minister for Public Expenditure and Reform if the proposed savings of €1 billion that he is seeking in the renegotiations over the Croke Park agreement included in the projections for expenditure on compensation of employees for 2013, 2014 and 2015 which are contained in budget 2013's economic and fiscal outlook. [7027/13]

Written answers

Minister for Public Expenditure and Reform

The €1 billion in savings being sought in the period to 2015, which is being considered in the context of the renegotiation of the Croke Park Agreement referred to by the Deputy, is to be found from the Exchequer pay and pensions bill and has been included in the budgetary arithmetic. The exact savings in each year will obviously be influenced by the precise package of measures agreed.

The ‘Compensation of Employees’ aggregate figures presented in Table 12 of Budget 2013 are related to, but not equivalent to, the Exchequer pay bill. Compensation of employees of general government is compiled to an international definition comparable among Member States of the EU and includes the compensation of employees of all arms of government including non-commercial semi-state bodies and local government.

Public Sector Staff Remuneration

Questions (309)

Olivia Mitchell

Question:

309. Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform if he will provide, in tabular form, the figures for pay and pensions to the Public Service for the month of January in 2011, 2012 and 2013; and if he will make a statement on the matter. [7176/13]

Written answers

Minister for Public Expenditure and Reform

The figures set out in the following table are as notified by Departments and Offices. Note that pay and pension payments in a given month are a function of the number of pay and pension recipients in that month and the number of payment dates during the month. The timing of non-core or lump sum payments can also affect the comparability of data for periods that are shorter than a year. The end-January 2013 data is shown on a preliminary basis.

Year	Gross Pay	Gross Pension
-	(€m)	(€m)
January 2011	1,441	261
January 2012	1,468	283
January 2013	1,464	244

Croke Park Agreement Issues

Questions (310, 311)

Brendan Griffin

Question:

310. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if the Implementation Body for Croke Park 2 will have representation from the private sector as distinct from public sector employers/management; his views on whether the non inclusion of private sector representation would jeopardise the credibility of the Implementation Body; and if he will make a statement on the matter. [6594/13]

Brendan Griffin

Question:

311. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he has reviewed the methodology used by all Government Departments, in view the lack of clarity that has arisen in the past, in relation to the calculation of savings under the Croke Park Agreement; if he will state the methodology he expects to be employed to calculate savings under Croke Park 2; his further views that the figures given by all Government Departments in relation to savings achieved to date are reliable; and if he will make a statement on the matter. [6595/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

I propose to take Questions Nos. 310 and 311 together.

The Deputy will be aware that negotiations on an extension to the Public Service Agreement 2010 – 2014 are currently underway aimed at achieving savings of €1billion in the public service pay and pensions bill by end 2015. It would not be appropriate to comment on possible future implementation arrangements whilst those discussions are ongoing.

In regard to the verification of savings under the present agreement, I wish to make a number of points. Firstly, the Implementation Body is required to assess the savings being facilitated under the framework of the Agreement on an annual basis. As part of this annual review process, savings returns are completed and returned to the Body in respect of every sector, Department and Office. These returns are required to be signed off by relevant accounting officers.

Secondly, the Agreement allows for the engagement of external financial advisors to undertake independent verification of reported savings. This involves a review of the methodology, quantification and estimation used by managements to identify savings that have been achieved and savings that will be achieved as a result of agreements reached and initiatives taken.

The Deputy will appreciate that it is not possible, on time and cost grounds to externally evaluate every saving made under the Agreement. Therefore, the approach the Body has taken has been to put forward a number of significant projects each year for external evaluation. This verification process serves as a useful quality assurance check on what is being reported and public service management are aware that progress reported may be subject to such external evaluation.

The Body has carried out two annual reviews to date. Those reviews found that approximately €1.5 billion in savings has been achieved during the first two years of the Agreement, comprising of €810m and €678m in sustainable pay bill and non-pay (efficiency) savings respectively.

Significantly, the external financial accountants engaged under both annual reviews found that, in all cases, the savings reported were reasonable estimates of the savings that have arisen or will arise due to the successful implementation of the projects concerned. I understand that a similar verification exercise is being undertaken for the Body’s third annual review (currently underway).

In regard to the question of private sector representation on the Implementation Body, it is important to point out that the Public Service Agreement is an agreement between the Government, as employer, and its employees, represented by the public service unions. The Implementation Body is, accordingly, comprised of the representatives of the parties to the Agreement – this is provided for under its terms – and so the issue of private sector membership does not arise. However, I understand that the Chair of the Body, who is independent, has briefed private sector interests on a number of occasions on behalf of the Body and is happy to continue to do so. I am satisfied that the Body has approached its task in a thorough, transparent and objective manner, as evidenced by its two Annual Progress Reports published to date.

Public Sector Staff

Questions (312)

Mary Lou McDonald

Question:

312. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform when he will deliver on the Programme for Government commitment to amend the rules to ensure that no senior public servant, including political appointees or Minister can work in the private sector in any area involving a potential conflict of interest with their former area of public employment, until at least two years have elapsed after they have left the public service; if it is now his intention to limit this commitment to the General Scheme of a Regulation of Lobbying Bill provisions; and if so, the reason. [6694/13]

Written answers

Minister for Public Expenditure and Reform

I refer the Deputy to my previous response on this issue in PQs No: 3710/13 and No: 3711/13 answered on Tuesday, 29th January, 2013 .

Significant progress has been made in developing my proposals for the regulation of lobbying. The consultation process undertaken on this commitment was based on the OECD Principles for Transparency and Integrity in lobbying which recommend that it may be necessary to impose a ‘cooling-off’ period that temporarily restricts former public officials from lobbying their past organisations. My proposals in this area - which draw on the Outside Appointments Board model applying to senior civil servants - will be published following consideration by Government as part of the General Scheme of a Regulation of Lobbying Bill.

The relevant OECD principles also highlight the requirement for countries to consider establishing restrictions for public officials leaving office to address other potential conflict of interest situations that could arise. It is planned that these other elements of the Programme for Government commitment which also arise from the recommendations contained in the final report of the Mahon Tribunal will be addressed through the proposed reform of the legislative framework for ethics which is currently underway.

Equality Issues

Questions (313)

Mary Lou McDonald

Question:

313. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the measures he has taken at departmental level to that ensure expenditure is managed with due consideration for matters of equality in the context of Ministers working within existing equality legislation. [6726/13]

Written answers

Minister for Public Expenditure and Reform

The Programme for Government contains a clear commitment that all public bodies would take due note of equality and human rights in carrying out their functions. The State and its bodies must, of course, comply with all provisions of equality legislation in the development and delivery of policies and services.

It is the responsibility of individual Ministers and their officials to manage expenditure whilst also ensuring that appropriate consideration is given to matters of equality.

Public Procurement Tenders

Questions (314, 315, 316, 318)

Mary Lou McDonald

Question:

314. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the total number of complaints submitted about the new eTenders website since it went live on the 12 November 2012; if he will provide a breakdown of these complaints by sector and by issue; and if he will make a statement on the matter. [6741/13]

Mary Lou McDonald

Question:

315. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the representative bodies that his Department briefed ahead of the launch of the eTenders website; the nature of the briefing; the processes that exist for future briefings; and if he will make a statement on the matter. [6742/13]

Mary Lou McDonald

Question:

316. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the total number of public procurement tenders issued by the Government; the number of tenders which have involved more than one element or project, for these tenders to be broken down by sector; and if he will make a statement on the matter. [6743/13]

Mary Lou McDonald

Question:

318. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform when he expects the data relating to the annual procurement statistics for 2012 to be available; if he intends to make that information available; and if he will make a statement on the matter. [6745/13]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I propose to take Questions Nos. 314 to 316, inclusive, and 318 together.

The Government website www.etenders.gov.ie is a fully managed electronic tendering system that meets Ireland’s requirements in relation to the European Union’s requirements to meet the EU target for achievement of 100% capability for electronic tendering.

This website is the official Government website for public tenders for goods, services and works. It serves as a repository for notices above EU thresholds and which must be advertised in the Official Journal of the European Union. In accordance with policy guidelines from my Department contracting authorities are also obliged to publish all tender notices for goods and services with a value greater than €25,000 on the eTender website.

An upgrade to the site was launched on 12th November 2012. The new site, as well as publishing contract notices has a wide range of additional functionality that in effect will allow other aspects of the procurement process to be completed electronically, including assessment, awarding and contract management. This additional functionality is improving and generating efficiencies for both the public and private sectors.

Prior to launching the new site, the supplier representative bodies including Chambers Ireland, IBEC, ISME and the Small Firms Association were briefed on the new system and electronic copies of Supplier User Manuals were supplied to them for distribution to their respective membership. The National Procurement Service meets these bodies on a regular basis.

Prior to the launch, registered Suppliers and Buyers on the system were also informed about the proposed change of system and user manuals were sent to each of them electronically. Suppliers were also informed of the up-coming change of system at various Meet the Buyer events and other such seminars.

Prior to and since the launch of the new site, the NPS has organised a number of demonstrations for Buyers on the new site. Since the system went live on 12th November demonstrations of the new system have been given to suppliers at Meet the Buyer events. The National Procurement Service has also agreed with the Construction Industry Federation to give a seminar on the new system to them on a date to be agreed.

In 2012, there were 6,439 notices published on eTenders. It is not possible to quantify how many of these tenders had more than one element. The National Procurement Service has begun the task of collating procurement statistics for the year 2012, in accordance with our EU obligations. This statistical information should be available later in 2013.

During the week beginning 12th November, the first week the system went live; supplier and buyers received unsolicited marketing emails from the previous operator of the service, marketing a new service. This email contained a username and password for their website, which caused widespread confusion among public sector Buyers and Suppliers as many of them thought these credentials were for the new eTenders system.

Most of the complaints since the launch of the new site relate to the confusion caused by this email and the National Procurement Service communicated with registered Buyers and Suppliers to clarify the issue.

While there were thousands of queries in relation to the new site and its functionality, the Helpdesk statistics for the first three months after its launch record only 22 complaints in relation to the new site, the majority of these in the first two weeks. I received nine representations making complaints in relation to the new site. The complaints relate to alerts to suppliers and the search function on the site, both of which have now been resolved; as well as the site design. Since then the Helpdesk receives on average in the region of 250 routine calls per day.

Public Procurement Regulations

Questions (317)

Mary Lou McDonald

Question:

317. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform in relation to the issue of underbidding on public procurement contracts, the measures he is taking to ensure that the Registered Employment Agreement is enforced; if the same enforcement procedures are being taken with regards to sub contractors; and if he will make a statement on the matter. [6744/13]

Written answers

Minister for Public Expenditure and Reform

The public works contracts include a clause on pay and conditions of employment which require the main contractor to ensure that all those employed on the works (including those employed by sub-contractors) are paid in accordance with the Registered Employment Agreement (Construction Industry wages and conditions of employment). This is enforced through a number of measures which include:

- the display of the relevant clause on the site in a location that is readily accessible to all those employed on the site;

- a requirement for a certificate from the contractor with each payment application stating that all those employed on the works are paid in accordance with the REA;

- withholding of any payment if the certificate is not provided;

- a deduction from sums due to the main contractor of the amounts due to workers in accordance with the REA if a certificate is subsequently found to be false, and;

- termination of the contract in the case of a persistent breach.

Under a public works contract the contractual relationship is between the public body and the main contractor. The public body does not conduct the procurement process for each sub-contract package under a public works contract; this is carried out by the main contractor who is not subject to the rules governing public procurement.

The management of a public works contract is a matter between a contracting authority and a main contractor. It is the responsibility of each contracting authority to ensure that contractors comply with all the requirements of the contract.

Whilst the requirements to follow REA conditions may be a procurement matter, it is the National Employments Rights Authority that has the responsibility for monitoring employment conditions through its inspection services and can enforce employment rights compliance and seek redress. This agency comes under the aegis of my colleague the Minister for Jobs, Enterprise & Innovation, Mr. Richard Bruton T.D. If the Deputy is aware of specific instances where firms may not be complying with relevant statutory pay and conditions of employment, the matter can be referred to NERA for investigation.

Question No. 318 answered with Question No. 314.

Coastal Protection

Questions (319)

Tom Fleming

Question:

319. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will allocate additional funding, €40,000 approximately, to complete coastal protection works (details supplied) in County Kerry in view of the fact that a number of homes are still at risk; and if he will make a statement on the matter. [6813/13]

Written answers

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The Office of Public Works allocated funding to Kerry County Council of €100,000 under the Minor Flood Mitigation Works & Coastal Protection Scheme in February, 2012 for embankment strengthening works at this location. This funding has now been drawn down by the Council. The number of homes at risk from flooding, as identified by the Council at this location, would not justify the provision of further funding on cost-benefit grounds under the criteria for the Scheme.

EU Funding

Questions (320)

Pearse Doherty

Question:

320. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if the proposed macro-economic conditionality in the next round of EU funds will lead to a suspension of ESF projects and all other projects funded or part funded by EU cohesion funds in Ireland fails to meet the macro-economic conditions. [6816/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

On 8 February 2013 the European Council reached political agreement on the multi-annual financial framework for 2014-2020. This is the basis on which the Council will now seek the consent of the European Parliament to the MFF Regulation.

The European Council agreed, inter alia, that a gradual macro-economic conditionality will be established in the regulation governing the Common Strategic Framework (CSF) Funds, which includes the European Social Fund, in order to establish a closer link between Cohesion policy and the economic governance of the Union, so that the effectiveness of expenditure under the CSF Funds is underpinned by sound economic policies and that the CSF Funds can, if necessary, be redirected to addressing the economic problems a country is facing.

The question of the suspension of funding would only arise where a Member State fails to take effective action in relation to its Partnership Contract and the relevant programmes or fails to comply with EU economic and fiscal policy requirements. Any decisions on suspensions would have to be proportionate and effective, taking into account the economic and social circumstances of the Member State concerned, and would have to respect equality of treatment between Member States, in particular with regard to the impact of the suspension on the economy of the Member State concerned. Priority would be given to the suspension of commitments with payments only being suspended when immediate action is sought and in cases of non-compliance.

The Government is fully committed to the effective use of Cohesion funds, however, and Ireland has one of the best records in Europe in this regard. We are also committed to sound economic governance as is witnessed by our successful implementation of the EU/IMF Programme. I am satisfied that we would be able to meet any requirements should any arise.

Pension Provisions

Questions (321)

Terence Flanagan

Question:

321. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the plans he has to reduce the levels of pensions paid to former and current politicians and Ministers; and if he will make a statement on the matter. [6848/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

Significant reforms have already been introduced in relation to Public Service pension entitlements which affect both Oireachtas and Ministerial pensions.

- Under the Public Service Superannuation (Miscellaneous Provisions) Act 2004, pensions are not payable to new entrant Public Servants (as defined in the Act) before 65 years of age. This includes new Oireachtas Members as defined in the Act.

- Under the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009, Ministerial pensions are no longer payable to sitting Members of the Oireachtas following the last general election, or to Members of the European Parliament following the next elections to the Parliament. No current Oireachtas Member is paid a Ministerial pension.

- Public Service pensions for persons (including former Ministers and members of the Oireachtas) who retired after February 2012 are reduced in line with the substantial pay reductions applied across the Public Service under the Financial Emergency Measures in the Public Interest (FEMPI) Acts. For those who retired before the end of February the Public Service Pension Reduction (PSPR) applies. I recently provided for an increase in the rate of PSPR that applies to pensions over €100,000 to 20% (in addition to all other deductions).

- The Public Service Pensions (Single Scheme and Other Provisions) Act 2012, introduced a new Single Public Service Pension Scheme with a new minimum pension age of 66, rising in due course with the age at which the State Pension (Contributory) will become payable. This scheme will also apply to all new Members of the Oireachtas, including new entrant Ministers, as defined in the Act. The Act also provides pensions for all Public Servants who are subject to this Act to be based on career average earnings, as opposed to the current final salary basis.

In addition, I announced in my Budget speech that severance payments payable to Ministers and other Officeholders upon cessation of Office are to be abolished. The necessary legislation is currently being prepared in my Department.

It is to be noted that I am advised that as a pension is generally taken to be deferred income it is therefore covered by the constitutional protections that apply to property.

Proposed Legislation

Questions (322, 323, 324)

Terence Flanagan

Question:

322. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the protection in place in the Construction Contracts Bill to ensure that the end user/client is solvent and may execute the contract sum; and if he will make a statement on the matter. [6868/13]

Terence Flanagan

Question:

323. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the protection that will be contained in the Construction Contracts Bill to ensure the main contractors appointed to carry out the works are solvent and may/will discharge their payment commitments to the sub-contract supply chain in a timely manner; and if he will make a statement on the matter. [6869/13]

Terence Flanagan

Question:

324. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will ensure that the Construction Contracts Bill covers both public and private contracts; and if he will make a statement on the matter. [6870/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

I propose to take Questions Nos. 322 to 324, inclusive, together.

The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, my colleague Minister of State Brian Hayes is working with Senator Feargal Quinn to develop the Senator’s private member’s Construction Contracts Bill into a robust piece of legislation. The Bill has passed Second Stage in the Dáil.

The issue of whether the Bill should require all construction contracts to ensure that the payer is solvent (i.e. through the purchase of a financial product such as a bond) was examined during the consultation and Regulatory Impact Assessment (RIA) of the Bill. The RIA found that requiring payer to purchase bonds would reduce competition in the sector as such financial products are not widely available in the current market and the costs associated with purchasing them would be a barrier to entry for smaller contractors. Therefore the provisions necessary to provide security of payment would increase the regulatory burden and costs associated with contracts between clients, contractors, subcontractors and the final consumer.

In addition, during the Second Stage reading of the Bill in the Dáil, Minister Hayes made a number of points that address the issues raised by the Deputy:

- In relation to payment difficulties that are linked to business failures, the Bill will not cut across the normal rules for company liquidation/receivership or Prompt Payment regulations. However, the Bill includes two key provisions that will reduce the exposure of subcontractors to non-payment in the event of a business failure.

- Firstly, “pay-when-paid” clauses will no longer be permitted in construction contracts. This means, for example, that sub-contractors or sub-sub-contractors will no longer be dependant on a main contractor getting paid before they are entitled to receive their own payments.

- Secondly, all construction contracts will have to contain a payments schedule that clearly sets out both interim payments and final payments, and the sums due in each case. The contract will have to set out clearly when payment of these amounts will fall due. If a contract fails to specify these matters, then the terms set out in the Schedule to the Bill will apply. The Schedule sets out default arrangements for contract payment terms. These will be minimum standards for sub-contracts. This is a major innovation which should reduce the exposure of sub-contractors to non-payment.

In relation to the Deputy’s proposal that the Bill should cover both public and private contracts, I assume the Deputy is referring to the issue of making adjudication awards binding for both the public and private sectors. This is a complex issue which makes it important to strike the right balance between giving this legislation the necessary enforcement provisions, whilst ensuring that the application of the legislation is equitable and the taxpayer is safeguarded.

These and a number of other issues have been examined; Minister Hayes will shortly bring proposals to Government in advance of Committee Stage. This is an important piece of legislation aimed at creating a more level playing field between contractor and subcontractor in the construction sector. Therefore it is essential that these complex issues are properly assessed so as to avoid imposing unnecessary regulatory or cost burdens on parties in dispute, the State or others.

Public Service Contracts

Questions (325)

Terence Flanagan

Question:

325. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if the pre-qualification criteria for procuring public sector work should contain a solvency statement with a double lock mechanism, for example, that the solvency statement should be signed by the contractor, owner, their solicitor and their accountant; and if he will make a statement on the matter. [6871/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

Public procurement procedures require applicants to meet certain standards when applying for public contracts. In qualifying for inclusion in tender competitions for public works contracts, applicants must submit signed declarations stating that none of the circumstances outlined in Regulation 53 of SI 329 of 2006 European Communities (Award of Public Contracts) Regulations 2006 or Article 45 and 51 of 2004/18/EC, the EU Directive on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts apply.

The list of exclusions in Article 45 and Regulation 53 are divided into two categories, the first deals with mandatory exclusions and the second deals with discretionary exclusions. An applicant may be excluded from a procurement process if:

- they are bankrupt or their affairs are being wound up;

- they are subject to proceedings leading to a declaration of bankruptcy or;

- they have defaulted in payment of taxes or social insurance contributions.

However they must be given an opportunity to establish whether there are mitigating circumstances. The Contracting Authority must investigate the event thoroughly before a decision is taken on the course of action to take.

In a public works tender, applicants are obliged to submit a signed declaration on oath which must be sworn in the last 12 months. This must be witnessed by a practising solicitor or Commissioner for Oaths and should be accompanied with a signed confirmation that the applicant’s legal situation has not changed in any way which would prohibit the applicant from making a new declaration on oath on the same basis since the declaration was made and signed. Applicants from Ireland and the UK must provide a declaration on oath. In countries where a declaration on oath does not exist, the applicant can instead make a solemn declaration in their country of origin or in the country whence the applicant comes before a judicial or administrative authority, a notary or a competent professional or trade body.

Prior to the award of the works contract, the successful applicant is also required to produce a current Notification of Determination (formerly C2 certificate) from the Revenue Commissioners.

Public Service Contracts

Questions (326)

Terence Flanagan

Question:

326. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if it will be possible to reintroduce nominated supply packages within public and private sector contracts; and if he will make a statement on the matter. [6874/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The Government Departments and Local Authority (GDLA) form of contract, which preceded the Public Works Contracts, included a provision for the nomination of certain specialist sub-contractors and suppliers. In order to facilitate the nomination process, estimates were included in the tender documents for the main contractor to cover the works packages to be undertaken by the specialist sub-contractor or supplies in the case of the specialist supplier. These estimates, known as Prime Cost or PC Sums, were based upon a quotation for the works or supply concerned or upon typical rates for the work or supply already known to the design team. Separate tenders for these specialist works or supplies packages were undertaken and, based upon the outcome of the tender, the successful sub-contractor or supplier was ‘nominated’ to the already appointed main contractor by way of an instruction from the Architect named in the contract. That instruction included direction to the main contractor to expend the PC Sum and provision was made for an adjustment to the contract sum depending on whether the tender for the particular package was greater or less than the PC Sum.

One of the key requirements of the Government’s Construction Procurement Reform Initiative is to ensure greater cost certainty at contract award stage and in order to meet this requirement it was decided to dispense with the nomination of specialist sub-contractors and suppliers because the final contract sum could not be established until well after the main contractor was appointed. This places the onus on the appointed design team to ensure that reasonably detailed information is supplied as part of the tender documents to ensure that the tenders received reflect the quality of installation required.

Contracting authorities may ensure that quality specialist sub-contractors are employed on public works contracts by requiring such specialists to pre-qualify with the main contractor. This is achieved by naming particular specialist works areas in the pre-qualification documents. The main contractor must name one specialist in their Form of Tender for each of the specialist works areas defined by the contracting authority.

Public Service Contracts

Questions (327)

Terence Flanagan

Question:

327. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if it will be possible to introduce a payment bond that would protect the supply chain of any construction contracts; and if he will make a statement on the matter. [6875/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The issue of payment bonds to provide protection to the supply chain under a construction contract was examined during the consultation and Regulatory Impact Assessment (RIA) of the Construction Contracts Bill.

The RIA found that requiring contractors to purchase bonds would reduce competition in the sector as such financial products are not widely available in the current market and the costs associated with purchasing them would be a barrier to entry for smaller contractors. Therefore the provisions necessary to provide security of payment would increase the regulatory burden and costs associated with contracts between clients, contractors, subcontractors and the final consumer.

Whilst it will not cut across the normal rules for company liquidation/receivership or Prompt Payment regulations, the Construction Contracts Bill includes two key provisions that will reduce the exposure of subcontractors to non-payment in the event of a business failure.

- A requirement for all construction contracts to include a payment schedule. In the event that a contract fails to provide a payment schedule then the terms set out in the Schedule to the Bill will apply.

- Pay when paid clauses will no longer be permitted meaning that sub-contractors are no longer dependent on the main contractor receiving payment before they in turn receive their own payment.

Therefore in the event of a sub-contractor failing to receive payment in the terms set out in the contract they will have the right to suspend work and, if the payment is disputed, to seek the matter to be resolved through adjudication.

Public Service Contracts

Questions (328)

Terence Flanagan

Question:

328. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if there is a requirement for more forensic examination of the financial affairs of potential participants in Government sponsored projects (details supplied); and if he will make a statement on the matter. [6876/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The assessment of a tenderer’s financial and economic standing is a key part of any procurement process because tenderers must have the necessary capacity to carry out a contract. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is, of course, a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract.

My Department has developed specific national guidelines for contracting authorities in relation to minimum standards for suitability criteria for construction contractors interested in tendering for public works projects (GN 2.3.1.3 Suitability Criteria for Works Contractors – Minimum Standards), published as part of the Capital Works Management Framework, which is available at www.constructionprocurement.gov.ie. In relation to pre-qualification criteria, the guidelines stress that public bodies must ensure that any criteria levels set by them must be both justifiable and proportionate to the needs of the contract.

The level of reliable information available to contracting authorities is limited below the point where audited accounts are required to be submitted to the Companies Registration Office, currently this is only required for companies with a turnover in excess of €7.3 million. However specific guidance on the financial appraisal of works contractors is currently being developed by my Department and will be available at www.constructionprocurement.gov.ie when finalised. The document is intended to provide advice to Contracting Authorities to ensure that appropriate information is sought from contractors who apply to take part in a competition for the award of a public works contract in order to assess their financial and economic standing. The guidance will deal predominantly with the threat posed to a Contracting Authority by the insolvency of the main contractor and suggests the steps to be taken to manage the risk through appropriate measures taken in the procurement stage.

Guidance already exists in GN 1.5 Public Works Contracts (Section 2.3 Bonds and Guarantees) on the steps that contracting authorities should take to minimise the risk to the taxpayer in the event of insolvency and is available at the same website.

Proposed Legislation

Questions (329)

Joe McHugh

Question:

329. Deputy Joe McHugh asked the Minister for Public Expenditure and Reform with reference to the Valuation (Amendment) Bill 2012, if he will advise as to the likely date for enactment of this legislation; and if he will make a statement regarding the envisaged role of evaluation officers and the envisaged format of revaluations. [7023/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

As the Deputy is aware, the Government published the Valuation (Amendment) (No. 2) Bill, 2012 on 3rd August, 2012 as part of its legislative programme. The Bill proceeded through its second stage in Seanad Éireann on 11th October 2012. I wish to advise the Deputy that officials in my Department are currently engaging with a wide range of stakeholders and other interested parties and I will be considering potential amendments which may be introduced at Committee Stage in the very near future. However, it is not possible for me to advise the Deputy as to the likely date for enactment of the Bill, as this depends on a number of factors which are outside my control, including the passage of the Bill through the Oireachtas.

At the outset, let me say that the Bill will not change the basis of valuation for rating purposes. This will continue to be “net annual value” which is the hypothetical rental value of a property as assessed by reference to a specified date.

As the Deputy will be aware, the Bill amends several provisions contained in the Valuation Act 2001. These amendments include a number of technical changes to Part 5 of the 2001 Act which deals with how valuations, including revaluation of entire rating authority areas, are carried out. The Bill also proposes to amend Part 6, which deals with the carrying out of revisions of the rateable valuation of individual properties within rating authority areas between revaluations. In both instances, it is envisaged that the Commissioner of Valuation will appoint officers to carry out the tasks in question and the Bill makes specific provision for the appointment of “revision managers”. Section 6 of the Bill proposes to amend Section 19 of the Valuation Act 2001 by enabling the Commissioner to appoint persons to carry out the revaluation of entire rating authority areas. Such persons may be an officer of the Commissioner. However, provision is also made for the Commissioner to enter into an arrangement with a person or persons (other than officers of the Commissioner) to assist in the performance of the revaluation function. The effect of this provision is to enable the Commissioner to contract out some of the revaluation work, in order to augment the in-house capacity of the Valuation Office. This is one of the express provisions intended to assist the acceleration of the national revaluation programme. I understand that, following enactment of the Bill, the Commissioner intends running a pilot revaluation project which will utilise such external resources.

Following enactment of the Bill, it is envisaged that revaluation projects can be conducted through direct assessment of the net annual value of properties, as heretofore. However, the Bill (Section 11, inserting a new Part 5A into the 2001 Act) also provides for the Commissioner to conduct a revaluation using elements of self-assessment by ratepayers. This provision is also intended to assist the acceleration of the national revaluation programme and I understand that, following enactment of the Bill, the Commissioner intends running a pilot project which will utilise self-assessment principles. Finally, I wish to draw the Deputy’s attention to Section 22 of the Bill which proposes to amend Section 48 of the 2001 Act by providing for the use of general market data or aggregated data (including statistical and computer-aided techniques ) in determining valuations, where the Commissioner considers it appropriate to do so.

Coastal Protection

Questions (330)

Tom Fleming

Question:

330. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if funding will be made available to carry out emergency coastal protection works in an area (details supplied) in County Kerry; and if he will make a statement on the matter. [7078/13]

Written answers

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The Office of Public Works is not aware of coastal erosion issues at this location. Investigation of this matter is the responsibility of Kerry County Council in the first instance.

It is open to the Council to apply for funding under the Minor Flood Mitigation Works and Coastal Protection Scheme. Any application received will be assessed under the revised eligibility criteria for coastal protection measures introduced by the OPW in 2012, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding. Application forms and related guidelines are available on the OPW website.

The Office of Public Works has to date approved funding of €891,000 to Kerry County Council under the Minor Flood Mitigation Works & Coastal Protection Scheme.

Public Sector Staff Increment Payments

Questions (331)

Sean Fleming

Question:

331. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if full increments paid to persons who are in the public service who are on work sharing arrangements, taking term time leave or other types of leave without pay; the way increments are calculated in respect of these issues; and if he will make a statement on the matter. [7120/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

As I have direct responsibility for Human Resources policy for the civil service, the information provided is in respect of civil servants only. The Deputy should consult with the other sectors of the public service to determine the practice in the individual sectors.

Recent changes to the Performance Management and Development System (PMDS), provide that from 2013 onwards increments will only be awarded where a staff member’s performance has fully achieved expectations or above.

In line with the European Court of Justice ruling in the case of Hellen Gerster v Freistaat Bayern, which was handed down on the 2 October 1997, civil servants who workshare are awarded increments on the same basis as full time staff. In such cases, service is calculated as if the worksharer was in full time service. Such civil servants’ pay, however, is reduced on a pro rata basis depending on their work pattern.

In general, special leave without pay does not count for incremental purposes. Exceptions to this are listed in the table.

Type of Leave	Circular which refers	Reference to remuneration
Carer’s Leave	Statutory – Circular 39/2005	The first 13 weeks counts toward the qualifying service period for the award of an increment
Shorter Working Year Scheme (formerly “term time” )	Circular 14/2009	The entire period of leave counts toward the qualifying service period for the award of an increment
Special leave without pay to take up employment with the EC or other international organizations of which Ireland is a member	Circular 2/76 and 33/91	In certain circumstances the Head of the Department can decide to award the civil servant incremental progression on his/her returns to the civil service. This award is subject to certain criteria, including consideration that the value of the civil servant’s service has been enhanced because of the appointment with the other organisation.

Garda Stations Closures

Questions (332)

Sean Fleming

Question:

332. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his plans in relation to a property (details supplied) in County Laois; and if he will make a statement on the matter. [7122/13]

Written answers

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The OPW is required to manage its property portfolio in the most efficient and effective manner that provides the optimum value to the taxpayer.

The policy with regard to closed Garda stations is as follows:

1. Identify, in the first instance, if other State Bodies, including government departments and the wider public sector has a use for the property.

2. If there is no other State use for a property the OPW will then consider disposing of the property on the open market, if and when conditions prevail, in order to generate much needed revenue for the Exchequer.

3. If no State requirement is identified or if a decision is taken not to dispose of a particular property the OPW would consider, community involvement subject to the receipt of an appropriate business case which would indicate that the community/voluntary group has the means to insure, maintain and manage the property.

Garda Stations Closures

Questions (333)

Sean Fleming

Question:

333. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his plans in relation to a property (details supplied) in County Laois; and if he will make a statement on the matter. [7124/13]

Written answers

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

There is no agreement in place providing rights to any adjacent property owner for the purchase of Ballacolla Garda Station. There are reciprocal rights of access between the Office Of Public Works and the owner of the former Garda residence to the rear of the Garda station to allow access to each others property for the purpose of maintaining shared services.

Public Service Contracts

Questions (334)

Sean Fleming

Question:

334. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will consider amending public contracts such that it is a condition of all future contracts that the contractor is obliged to have a facility to register apprentices as part of carrying out the construction work; and if he will make a statement on the matter. [7128/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The scope for including social considerations in public contracts is something that I have been examining closely recently. In this regard, I would refer the Deputy to my recent reply on this issue (PQ 3066/13 - answered 23/01/13).

The proposal that all public procurement contracts include a requirement that the contractor must register apprentices in order to be able to carry out a public works contract poses a number of important considerations. In the current economic climate, and in particular bearing in mind the difficulties in the construction sector, it is likely that, where a business is awarded a public contract, in particular a small scale contract, the work would be carried out by the existing employees of that business. In such circumstances a social clause requiring apprentices to be employed in delivering a public contract could either impose an additional cost on SMEs that they may not be able to afford, or result in an existing employee being let go in favour of an apprentice.

The Government has a wide range of measures that it is deploying to facilitate job creation and support labour activation, with particular emphasis on assisting the long term and young unemployed either enter the labour market or be given appropriate opportunities to reskill. Obviously, the main purpose of the public procurement process is to ensure that goods, services and works are purchased by the State in a manner that is legal, transparent and of high probity, and our key requirement is the achievement of value for money. Within this context, my Department and the National Procurement Service are examining the use of social clauses as an additional means of supporting activation and we are seeking to identify the scope for the use of social clauses that could include provisions relating to training opportunities in parts of the capital area in particular.

Freedom of Information Remit

Questions (335)

Sean Fleming

Question:

335. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his plans to include An Taisce under the Freedom of Information Legislation; and if he will make a statement on the matter. [7131/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The commitments relating to Freedom of Information (FOI) contained in the Programme for Government include extending FOI to all statutory bodies and all bodies significantly funded from the public purse.

My officials will be consulting with other Government Departments, including the Department of Environment, Community and Local Government, the parent Department for the body referred to in the Deputy’s question, regarding appropriate criteria for determining which non-public bodies in receipt of significant funding would be appropriate to bring within the scope of the FOI Act at this time.

Garda Stations Closures

Questions (336)

Tony McLoughlin

Question:

336. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform the way community and local development groups will put forward proposals to acquire local Garda Stations recently vacated for community projects or facilities; and if he will outline the mechanism that such groups should consider in order that any proposals they may have may be considered by the Office of Public Works. [7170/13]

Written answers

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

The Office Of Public Works (OPW) has a responsibility to manage its property portfolio in the most efficient and effective manner that provides the optimum value to the taxpayer.

The OPW will identify, in the first instance, if there are any other State Bodies, including government departments and the wider public sector that have a use for the property.

If there is no other State use for a property the OPW will then consider disposing of the property on the open market, if and when conditions prevail, in order to generate much needed revenue for the Exchequer.

If no State requirement is identified or if a decision is taken not to dispose of a particular property the OPW would consider, community involvement subject to the receipt of an appropriate business case which would indicate that the community/voluntary group has the means to insure, maintain and manage the property and that there is no cost to the Exchequer.

Departmental Expenditure

Questions (337, 338)

Mary Lou McDonald

Question:

337. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the reason the January Exchequer Statements did not list the Department expenditure profiles for January; if he will include these profiles in all future monthly exchequer statements; and if he will make a statement on the matter. [7191/13]

Mary Lou McDonald

Question:

338. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide those Exchequer expenditure profile figures for current and capital spending by month for each Department in tabular form; and if he will make a statement on the matter. [7192/13]

Written answers

Deputy Brendan Howlin

I propose to take Questions Nos. 337 and 338 together.

The published monthly net expenditure profiles have allowed for the transparent monitoring of expenditure across all Departments for the last number of years.

The end-January Exchequer statement provided a year-on-year comparison of Departmental expenditure. The detailed Departmental profiles will be published with the final Revised Estimates Volume (REV). This has been the publication schedule for the past number of years to ensure that the detailed profiles are consistent with the final voted allocations in the REV. This year, for the first time, these detailed monthly profiles will be published on both a gross and net basis to allow for a better discussion of expenditure trends throughout the year.

In addition, as the Deputy may be aware, an alternative analytical presentation of the Exchequer Statement was introduced last year. My colleague the Minister for Finance expects to publish the profiles for each component of this alternative presentation shortly, which will include profiles for aggregate gross Departmental spending and Departmental receipts.

Capital Programme Expenditure

Questions (339)

Pearse Doherty

Question:

339. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform further to the publication of the Exchequer Statement for January 2013, if he will confirm the total spent on capital projects in the month of January 2013; if he will provide the annual budget for capital expenditure in 2013 and for his assessment of the impact on unemployment if the capital budget were spent evenly throughout the year or front-loaded to the start of the year. [7206/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The Exchequer Statement for January 2013 shows that the total net capital spend in January 2013 was €108.3m. The Exchequer Statement also gives a breakdown of capital expenditure in January by Department. My Department does not hold information regarding capital expenditure at project level. Requests for information regarding expenditure on individual projects should be directed to the relevant spending Minister and his/her Departments.

The capital expenditure budget for this year was set in Budget 2013 at €3.4 billion. Details regarding the breakdown of the capital budget by Department can be found in the Expenditure Report published by my Department in December 2012 (http://www.budget.gov.ie/Budgets/2013/2013.aspx ).

As the Deputy will be aware, how Departments spend their individual capital budgets throughout the year is dependent on what particular projects and programmes they will progress in that year. Expenditure on capital projects typically occurs in large tranches at fixed milestones, unlike current expenditure which is generally continuous throughout the year. In addition, public financial rules require that payments are only made on foot of matured liabilities, so payments are made on foot of work that has already been satisfactorily completed. For these reasons it would not be possible to either have a spread of even payments for projects throughout the year or to “frontload” capital expenditure as payments cannot be made in advance of work being completed.

The profiling of monthly cash drawdown requirements from annual capital allocations is essentially an administrative exercise. For this reason employment and job creation are not factored into the exercise of profiling capital expenditure. However, they are taken into consideration by the Government when setting the annual capital allocations, alongside considerations regarding the overall budgetary position, strategic investment needs and the benefits that will flow from investment.

Departmental Expenditure

Questions (340)

Jim Daly

Question:

340. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the cost incurred by his Department for assessing means of individual citizens for any reason on an annual basis; and if he will make a statement on the matter. [7393/13]

Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

In response to the Deputy’s question no costs have been incurred by my Department in assessing means of individual citizens for any reason.

Energy Conservation

Questions (341)

Joanna Tuffy

Question:

341. Deputy Joanna Tuffy asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on the phasing out of CFL bulbs; and if he will make a statement on the matter. [6677/13]

Written answers

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

On a point of clarification, compact fluorescent lamps (CFLs) are not being phased out, but, along with other lamp technologies, are replacing incandescent bulbs.

EU Regulation 244/2009 of 18 March 2009 provided, inter alia, for the phasing out of incandescent lightbulbs on a staged basis, from 100W and over, to 25W and under, in the period between 1 September 2009 and 1 September 2012.

The purpose of the Regulation is to phase out inefficient incandescent lightbulbs throughout the Europe Union and replace them with more energy-efficient alternatives such as new improved halogen lightbulbs, CFLs and LEDs. The aim of the Regulation is to save energy, limit CO2 emissions and help consumers save money in lower electricity bills without the loss of functionality.

The calendar of the phase-out in the Regulation was developed in such a way as to ensure that lamp manufacturers had the time to convert their incandescent bulb production lines to alternative improved lamp technologies.

From 1st September 2013, the Regulation will introduce enhanced functionality requirements for CFLs and certain other lamps.

Further information on EU Regulation (EC) 244/2009 is available on my Department’s website at

http://www.djei.ie/trade/competitiveness/phasingoutofincandescentlightbulbs.htm.