Written Answers Nos. 280-299
280. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the amount of savings that would be achieved by freezing the increments of those who earn more than €65,000 in the public sector; and if he will make a statement on the matter. [14698/13]
View answer285. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide in tabular form the annual savings to the State in 2013 and each year thereafter to 2015 of the proposed reduction in overtime rates as sought and secured by the Government’s negotiator in the Croke Park II proposals. [14795/13]
View answer286. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide in tabular form the annual savings to the State in 2013 and each year thereafter to 2015 of the proposed withdrawal of increments for three months to those on salaries below €35,000 inclusive of allowances in the nature of pay in the Croke Park II proposals. [14796/13]
View answerI propose to take Questions Nos. 280, 285 and 286 together.
In relation to estimates of savings arising from the LRC proposals, the Revised Estimates Volume for 2013 will set out the revised allocations for Votes arising from the proposals made and will include an overall savings provision on the pay and pensions bill of some €300m for 2013. My Department will be contacting Departments shortly with the final pay allocations for 2013 including Employment Control Framework staffing ceilings which will include savings arising from the LRC proposals. This will have implications for the overall allocations for Votes. The Revised Estimates Volume for 2013 will be submitted to the Oireachtas for consideration in due course.
Following the publication of the 2013 Revised Estimates Volume, which will be brought to Government immediately after Easter and published thereafter, Departments will be contacted regarding their overall allocations for the period 2014-2016, including the ongoing effect of the pay proposals and staffing ceilings.
281. Deputy Joanna Tuffy asked the Minister for Public Expenditure and Reform if he will provide an update on his policy with ensuring proper working conditions and hours of the employees of agencies to whom Government Departments contract out work, including in the catering, security and cleaning sector; and if he will make a statement on the matter. [14719/13]
View answerEmployment law and its enforcement apply equally to public and private sector contracts. Consequently, it is not necessary for me as Minister for Public Expenditure and Reform to set out a separate policy for public sector contracts. My colleague Mr Richard Bruton, Minister for Jobs, Enterprise and Innovation has overall policy responsibility for employment rights. The National Employment Rights Authority (NERA) is responsible for enforcing minimum statutory employment rights and entitlements in the State and, in undertaking that role, carries out a range of functions including the provision of employment rights information and the inspection of employment related records. NERA operates a system of risk based inspections in sectors where there are identifiable risks. Inspections are also carried out in response to complaints received and routine inspections are undertaken as a control measure.
The Public Service Agreement 2010 – 2014 established a mechanism to monitor compliance with employment law, including REAs, in operations which are the subject of outsourcing. The Department of Public Expenditure and Reform notified each department on 22 December 2011 of these arrangements.
It is a condition of any contract entered into by a public authority with a private sector entity (other than for operations that may reasonably be considered as small scale) that the entity is required to provide access to certain information. This information should allow the authority to assess compliance with employment legislation, including relevant REAs, consistent with the requirements of EU and national law. Any sub-contractors employed are also required to adhere to these conditions.
282. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he accepts that the decision of his negotiator in the recently completed Croke Park II negotiations to secure the withdrawal of flexible working arrangements will impact excessively on women working within the sector; and the measures he will take to ensure women can continue to participate fully in the public sector work force. [14790/13]
View answerFlexible Working Arrangements are not being withdrawn under the Labour Relation Commission (LRC) proposals. Work-life balance arrangements in the public service will continue to be among the best available options provided by Irish employers, particularly when considered in tandem with annual leave and other provisions. These arrangements underpin important social policy goals, in particular supporting the ongoing participation of parents and carers in the workplace.
A range of flexible working arrangements will continue to be available across the public service where they currently exist, including, flexi-time, work-sharing arrangements, the shorter working year scheme, career breaks, as well as all of the statutory entitlements such as parental leave and carer’s leave. The LRC is proposing that two of these arrangements, namely flexi-time and work-sharing, be amended as sustainable reform measures that will underpin the delivery of a more integrated, efficient and effective public service.
Flexi-time
Public service organisations that currently have flexi-time in place will continue to have flexi-time. It will be available for existing staff and new entrants up to the grade of Higher Executive Officer and equivalent. Everyone on flexi-time will continue, within certain limits, to be able to vary their arrival times, departure times and lunch breaks. A change is proposed in the amount of flexi-leave that can be taken in a flexi period. (4 weeks) – this will now be one day. This still allows somebody on flexi-time to avail of an additional 13 days flexi-leave per year in addition to their annual leave entitlement and any other flexible working arrangements that they may have. Management grades at Assistant Principal and equivalent, who currently have access to flexi-time will continue to have access to these arrangements but will not have access to flexi-leave.
Work Sharing
It is important to clarify that a worksharer is an employee who was recruited to a full time position and has opted to reduce their hours to an agreed work sharing pattern. Work sharing will still be available within the public service. The proposals include a provision that will require everyone, with notable exceptions, to work a pattern of at least 50% of the full time hours. It is important to note that only in the region of 2% of those currently work sharing in the Civil Service have a pattern of less than 50%.
In recognition of the valuable contribution made by carers to society, those in receipt of Carer’s Allowance will not be required to increase their hours above the 15 hour a week limit for payment of their allowance. In support of our commitment to achieving the public service target of a 3% employment rate for people with disabilities, those with disabilities who have reached a reasonable accommodation with their employer to work less than 50% of full time hours will continue to be able to avail of these arrangements for as long as they are required.
It is necessary to revise flexi-time and work-sharing arrangements to better reflect the current needs of public service organisations, in the context of falling numbers and changing demands for public services. As you will appreciate, the operation of these arrangements must support the business of the organisation and the provision of services to the public. The proposed changes are an attempt to balance the requirements of the business while enabling staff to balance work and personal life requirements.
The Irish public service has a proud record of promoting these arrangements and the employee profile across the service reflects the strong efforts made over the last few decades to ensure that public servants’ employment terms allow them to balance their work and home commitments.
283. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 270 of 12 March 2013 the reason, if the redeployment arrangements as set out in Section 6.1.23 of the original Croke Park Agreement 6.1.23 Staff may be redeployed to a location within a 45 km radius of their current work location or of their home address, whichever is the shorter commute will continue; the reason his negotiator sought and secured an amendment to the current arrangements which states that staff may be redeployed 45km from the existing headquarters or staff home location, whichever is nearer to the new location. [14791/13]
View answerThe guideline distance for redeployment continues to be 45km. Redeployment options may of necessity be beyond this guideline distance and in such circumstances consultation will take place in relation to the assignment on offer. The text of the draft Public Service Agreement clarifies that 45km remains the guideline distance for redeployment.
284. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide in tabular form a breakdown of the annual saving to the public sector pay bill if non-commercial State agency pay was capped at €100,000. [14794/13]
View answerThe annual saving to the public sector pay bill if non-commercial State agency pay were capped at €100,000 in the agencies under the remit of my Department would be €135,140
287. Deputy Michael McCarthy asked the Minister for Public Expenditure and Reform if there are plans to contract out the work surrounding the routine maintenance of public buildings, that is schools, Garda stations and so on; when the procurements of such projects will take place; and if he will make a statement on the matter. [14837/13]
View answerEvaluating opportunities for the external delivery of some non-core public services is an action in the Public Service Reform Plan agreed by Government in November 2011. In July 2012, the Government agreed a range of actions aimed at achieving a focused and integrated approach to external service delivery of non-core processes with the objective of reducing costs and focusing staff resources on priority areas.
As part of this approach, the Government has decided that all proposed new services across the Public Service will be tested for external service delivery before any approval to provide the service internally will be granted. External service delivery leads have been appointed in every Department and Sector and the three major sectors of Health, Justice and Local Government have prepared external service delivery plans. My Department is also examining a number of potential cross-Departmental major projects for external service delivery.
While my Department is overseeing the development and implementation of external service delivery policy for the Public Service, the testing and ultimate decision with regard to the outsourcing of any particular service is a matter for the individual public bodies concerned in each case.
288. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his views on an across the board pay cut in public service pay; the way this compares with his views on the Croke Park II draft agreement; and if he will make a statement on the matter. [14933/13]
View answer290. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his views on whether the Croke Park II draft agreement is the best deal available; and if he will make a statement on the matter. [14935/13]
View answerI propose to take Questions Nos. 288 and 290 together.
I refer to my reply to Question Nos. 12607 and 13035 of 12 March 2013.
289. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his views on whether legislation will be required to change the pay and conditions of public servants if the Croke Park II agreement is approved; and if he will make a statement on the matter. [14934/13]
View answerAs noted in the proposals issued by the Labour Relations Commission following an intensive period of negotiations between public service employers and the Public Services Committee of the Irish Congress of Trade Unions, significant elements, including those relating to remuneration and working hours, will require legislation.
291. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will arrange for the letters that were issued to the individual trade unions in connection with the Croke Park II draft agreement to be published; and if he will make a statement on the matter. [14936/13]
View answerI refer the Deputy to the response I issued in relation to question No. 282 of 20th March, 2013 in which I stated that, in line with normal and longstanding industrial relations practice, a number of letters clarifying aspects of the Labour Relation Commission (LRC) proposals were issued to member unions of the Public Service Committee of the Irish Congress of Trade Unions by the Labour Relations Commission (LRC) and by sectoral management as appropriate. It is a common and longstanding feature of collective agreements to clarify points of understanding or agreement in this way. It has never been the practice to publish such letters of clarification.
292. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform the person that represented public sector pensioners at the recent Croke Park extension negotiations; if the agreement is passed, the effect will this have on public sector pensions; and if he will make a statement on the matter. [14960/13]
View answerThe talks leading up to the recent Labour Relations Commission proposals for a Public Service Agreement 2013 – 2016 took place between Government officials representing the State as employer, and staff representatives, principally the Public Services Committee of the ICTU, representing public servants. The talks and draft Agreement did not encompass public service pensioners and their pension entitlements, and on this basis it is clear that the question of pensioner representation at the negotiations did not arise.
As referred to in the Labour Relations Commission proposals document, separately to the planned pay and productivity measures for existing public servants, the Government has decided to legislate for certain changes in respect of public service pensions. These changes are not part of the draft Public Service Agreement, and were not proposed by the Labour Relations Commission.
The main pension change proposed is that all public service pensions greater than €32,500 will be reduced with effect from 1 July 2013. The Government has decided that this is a suitable means by which public service pensioners will make a fair and proportionate contribution to the ongoing fiscal consolidation. The proposed new reduction in pensions over €32,500 will range from 2% to 5%, with the largest reductions being borne by those on higher pension rates; it will apply to pensions already in payment and to those awarded up to the end of August 2014. The reduction is likely to be implemented by way of increasing and extending the Public Service Pension Reduction (PSPR), which was introduced on 1 January 2011, and which currently applies to all public service pensions over €12,000 awarded at any time before the end of February 2012. Further details, including the actual rates of reduction, will be available on publication of the necessary legislation.
It has also been decided that public servants who retire before the end of August 2014 will have their pension and lump sum awards calculated by reference to current pay rates, that is, the rates applying before the pay cuts above the €65,000 level on 1 July 2013 provided for in the draft Public Service Agreement. This is intended to facilitate public service management in planning for staff departures in an orderly fashion. For clarity, all public servants who retire on pensions greater than €32,500 during this period to end-August 2014 will be subject to the proposed new pension reduction.
293. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the position regarding the transfer of land (details supplied) in County Kerry; and if he will make a statement on the matter. [14964/13]
View answerThe conveyancing of the property at Derrynane from the Commissioners of Public Works to Kerry County Council has been a complex legal process. The key issue has been establishing title documentation. I understand that the matter has progressed significantly in recent weeks and that contract documents have been returned to the Chief State Solicitor's Office. I am hopeful that the transfer can be concluded shortly.
294. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the guidance and timeframe for the Office of Public Works to provide employment references for former employees. [15020/13]
View answerThe Office of Public Works deals with requests for employment references in a timely manner as and when they are received. The standard procedure is to include details of the employee's post and duration of employment with the Office.
295. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform the reason the SEUPB has cut PEACE III funding from the Training for Women Network; the assessments that have been carried out on the impact this cut in funding will have on the work of the Network North and South; and if he will make a statement on the matter. [15070/13]
View answerThe PEACE III Programme is managed by the Special EU Programmes Body (SEUPB), a North South Implementation body established under the Good Friday Agreement. The SEUPB has confirmed that no funding has been cut with regards to the Training for Women Network (TWN). To date the organisation has received two Letters of Offer for two separate projects under the PEACE III Programme. Further details of these projects are as follows:
|
PROJECT NAME |
LETTER OF OFFER VALUE (£) |
START DATE |
COMPLETION DATE |
|
Positive Relations |
£2,766,645 |
07/08/2008 |
23/05/2011 |
|
Extending Positive Relations |
£2,864,137 |
01/03/2011 |
30/06/2013 |
All projects in receipt of funding under the EU’s PEACE III Programme are made aware that this support is for specific activities to be delivered within an agreed time period, and must therefore make the necessary provisions to ensure that all project activities are concluded in line with their original letter of offer. In total TWN has received approximately £5.6 million of PEACE III funding; this equates to approximately 13.5% of the funding budget available for measure "1.1 Building Positive Relations at the Local Level (Regional Projects)". This has been one of the most heavily-subscribed measures within PEACE III. The Programme is now fully committed and work is underway to ensure the delivery of all funded projects before the Programmes conclusion.
296. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the savings to be made under the proposed reform of the State procurement process will most likely be lessened considerably, if not negated, by the adverse impact centralisation will have on the viability of small to medium sized local business which would ultimately increase pressure on the social protection budget. [15231/13]
View answerThe Public Service Reform Plan published by the Department of Public Expenditure and Reform in November 2011 identified procurement reform as a key instrument that can assist in maintaining the delivery of public services in an efficient manner. The national arrangements put in place by the National Procurement Service (NPS) are designed to enable the State to do more with less by aggregating procurement to secure better value for money. The majority of the aggregated arrangements are not new and have been available to the public service for a number of years. In utilising the national contracts, public bodies are able to take advantage of the NPS’s buying power and as a result can purchase supplies at competitive prices. This facilitates ongoing service delivery within tighter operating budgets.
In relation to the potential impact of aggregated procurement arrangements, it is worth noting that such arrangements can be implemented in a manner that achieves value for money and also facilitates SME access. While certain categories of goods and services may be suited to single supplier arrangements (e.g. electricity and gas), it should not be taken that single supplier frameworks are to be accepted as the norm. The greater use where appropriate of multi-supplier frameworks – for example the supply of managed print services - can address local supplier issues while also ensuring ongoing cost competitiveness of the framework itself. In order to facilitate SMEs, the NPS has encouraged tenderers who did not have the capability in their own right of providing goods and services nationally to partner with other entities to satisfy this requirement. Such multi-supplier frameworks can also offer SMEs the opportunity to participate in national level contracts.
In order to encourage greater SME participation the NPS over the past 3 years has conducted a targeted programme of education for suppliers who wish to learn more about doing business with the Irish Public Service. This programme consists of seminars, workshops and large scale 'meet the buyer' events hosted nationwide. Attendees could avail of educational seminars on a variety of topics ranging from the technicalities of public service procurement to procedures around consortia-building for SMEs. To date the NPS has facilitated workshops and presented at seminars to over 3,000 SMEs nationwide. Parallel with these events the NPS also works closely with business representative bodies such as ISME and IBEC to provide briefings for their members.
297. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the time scale of the review of the JLCs as provided for under section 11 of the Industrial Relations (Amendment) Act 2012. [14857/13]
View answer298. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide detail of any guidance, advice or submission by him, his Department or other State agency to the Labour Court in conducting the review of JLC's. [14858/13]
View answer299. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the guidance given to the Labour Court in the event that consensus or agreement cannot be reached by parties to JLC's as part of the on-going review by the Labour Court of JLC's; and if he will make a statement on the matter. [14859/13]
View answerI propose to take Questions Nos. 297 to 299, inclusive, together.
The new Section 41A of Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) provides that reviews of each Joint Labour Committee (JLC) will be carried by the Labour Court, as soon as practicable after the commencement of the Act, and at least once every 5 years thereafter.
In this context, the Labour Court appointed Ms Janet Hughes to undertake the review of the 10 existing JLCs on its behalf. Notices were placed by the Labour Court in the national newspapers seeking submissions from interested parties on the issue.
The deadline for submissions was 1st March 2013. The Labour Court is obliged under the Industrial Relations (Amendment) Act 2012 to conclude its review by 12 April 2013. The new Section 41A of Industrial Relations Act 1946 sets down the specific criteria to which the Labour Court is required to have regard when carrying out the independent review. The outcome of the review will inform the Labour Court as to whether any JLC should be abolished, maintained in its current form, amalgamated with another JLC or its establishment order amended. The Labour Court will then make recommendations to me and if I am satisfied that the correct procedures have been followed, and I consider it appropriate to do so, I will make an order in the terms of the recommendation. If I decide not to make such an order, I will advise the Labour Court in writing of the reasons why.
Ms Hughes sought specific clarification from my Department regarding previous statements made by me regarding the potential rationalisation of the number of JLCs arising from the recommendations in the 2011 Duffy Walsh report. Ms Hughes was advised that the Duffy Walsh Report was published almost two years ago. In line with section 11 of the Industrial Relations (Amendment) Act 2012, the Labour Court has since initiated a comprehensive review of each JLC. Ms Hughes was also advised that this review will supersede the recommendations of the Duffy Walsh Report in this regard and the Labour Court will make recommendations to me based on the review and on specific criteria set out in the 2012 Act that post-date the Duffy Walsh Report. Ms Hughes also sought, and was given, general views on possible legislative implications in the event that any changes were proposed regarding a JLC.
