Written Answers Nos. 120-127
120. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform the steps he is taking to ensure that Freedom of Information requests are answered within the statutory period and to ensure that statistics are provided in a timely matter to the Information Commissioner; and if he will make a statement on the matter. [24734/13]
View answerThe Freedom of Information Act sets out the procedures and statutory time frames for dealing with requests and which FOI decision makers and internal reviewers are obliged to comply with under the Act.
The Deputy may wish to note that under section 41 of the Act, failure to reply to an FOI request within these statutory timeframes is deemed to be a refusal, thereby allowing the requester to proceed immediately to internal review at no charge. Similarly, failure to comply with the statutory timeframe at internal review stage allows a requester to seek an immediate review by the Office of the Information Commissioner at no charge.
A review of the operation of FOI is currently being undertaken in order to ensure that the administration of FOI legislation by public bodies is as effective and efficient as possible. The outcome of the review will inform the development of a Code of Practice for FOI, the preparation of which has been requested by the Government. It is fully expected that the review and the Code of Practice will ensure that there are appropriate systems in place to ensure that statistics on FOI are provided in a timely manner to the Information Commissioner.
121. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform if there is any group representing retired public servants at the ongoing Croke Park 2 negotiations; and if he will make a statement on the matter. [24503/13]
View answerAt the request of the Government, the Labour Relations Commission has lately been engaged in discussions with public service employers and trade unions with a view to establishing whether there may be a basis for a negotiated public service agreement which would meet budgetary targets.
This talks process has been concerned with the pay and conditions of employment of public servants. In this context, and since public service pensioner issues have not featured on the agenda at the talks, I hope the Deputy will understand that the question of public servant pensioner representation at the talks did not arise. At the request of the alliance of Retired Public Servants, a meeting will take place later this week between the Alliance and officials of my Department.
122. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the number of persons dismissed or removed from the public service due to failure to perform duties or negligence in 2012; and if he will make a statement on the matter. [24548/13]
View answerInformation on dismissals in the public service is not collated centrally in my Department. The rationale for this is twofold. First, I am responsible for employment policies in the civil service rather than the broader public service. Employment policies, including those related to dismissals, in other areas of the public service are a matter for the relevant Minister. Second, under provisions in the Public Service Management Act 1997 and the Civil Service Regulation (Amendment) Act 2005, each Secretary General/Head of Office has the authority, responsibility and accountability for carrying out a range of duties in their Departments/Offices. Among these is the management of all matters pertaining to the appointment, performance, discipline and dismissals of staff below the grade of Principal Officer. Ministers are the appropriate authority for these matters in relation to civil servants at or above Principal Officer level in accordance with the Civil Service Regulation Acts 1956 to 2005. The relevant Minister and Secretary General/Head of Office are, therefore, responsible for dismissals in their own organisation.
123. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform his views of retired Taoisigh and Government Ministers in receipt of State pensions with second incomes from public sources; if he has plans to reduce these pensions and pensions to other former politicians; and if he will make a statement on the matter. [24553/13]
View answerThe position in relation to the pensions of former Taoisigh and former Ministers, along with that of public service pensioners generally is kept under review by my Department. In this context I should point out that, over the course of recent years, several Government measures have been taken which serve, directly or indirectly, to substantially reduce pension awards and pensions in payment to higher-paid retirees from the public service, including former Taoisigh and former Ministers.
A key measure in this context has been the Public Service Pension Reduction (PSPR), which applies to all public servants who retired up to the end of February 2012, including retirees in the groups referred to in the Deputy's question. This progressively structured imposition on pensions was introduced in January 2011, based on a set of income bands and percentage reductions bearing most heavily on higher-pensioned retirees. Acting on foot of my concern in relation to high public service pensions, I subsequently acted to make the PSPR even more progressive in application, by legislating for an increase in the rate of PSPR on pension amounts in excess of €100,000, from 12% to 20% on the excess amount, effective from January 2012.
In the case of former public servants who retire or have retired from February 2012 onward, pensions have also been subject to a significant effective reduction, insofar as they have been impacted by the pay reductions applied under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. These reductions have again been progressively structured, so that higher paid public servants and public service retirees, including in the groups referred to by the Deputy, have proportionately been harder hit. In this context some of the deepest pay cuts of all have been imposed on ministerial pay, and these pay cuts will be fully reflected in the pension awards to current and future Ministers.
In addition to these measures already taken, and as I have already announced, the Government this week, in the context of the resumed Croke Park discussions, approved the text and publication of legislation to give effect to the pay reduction for public servants earning over €65,000, along with a parallel reduction in higher-value public service pensions and other contingent measures to enable the Government achieve its savings requirements in the event of non-ratification of collective agreements. Specifically in respect of pensions, the relevant legislation, to be published tomorrow, will implement a further cut on higher-value public service pensions, including those of former Ministers and Taoisigh.
I should also say that Part 4 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 amended the Financial Emergency Measures in the Public Interest Act 2010 to provide that public service pensioners with more than one public service pension (for example a retired Minister with a ministerial pension and a TD’s pension) will have those pensions aggregated for purposes of the Public Service Pension Reduction; a commencement order to give effect to this aggregation provision is expected to be signed in the near future. The 2012 Act also provides for the abatement of pension where a public service pensioner is re-employed in the public service.
124. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he will provide details of the planned cuts to public service pensions in excess of €32,500 per annum; if there will be a pro rata reduction of the pensions paid to surviving spouses; if the pension reductions will be also refunded in a number of years time under the proposed new pay agreement; and if he will make a statement on the matter. [24559/13]
View answerFollowing the decision last month by the Public Services Committee of the Irish Congress of Trade Unions to reject the Labour Relations Commission proposals for a Public Service Agreement 2013–2016, the Commission, at the request of Government, made contact with the parties to establish whether a basis could be found for a negotiated public service agreement to meet budgetary targets.
Considerable progress has been reported at the resultant talks conducted under the auspices of the Labour Relations Commission. In this context, the Government earlier this week approved the text and publication of legislation to give effect to specific public service pay and pension savings measures. These measures include a pay reduction for public servants earning over €65,000, a parallel reduction in public service pensions and other contingent measures to enable the Government achieve its savings requirements.
Pending publication of the relevant Bill tomorrow, it would not be appropriate for me at this stage to set out detailed specifics in respect of individual constituent measures which may be adopted.
125. Deputy Joanna Tuffy asked the Minister for Public Expenditure and Reform if there are any proposals to introduce incentivised career breaks to the wider civil service, including education, similar to the scheme being offered to employees and those in organisations/bodies funded by the Health Service Executive; and if he will make a statement on the matter. [24574/13]
View answerThere are currently no plans to reintroduce an incentivised career break scheme in the wider civil service or in the education sector. However, it is now possible for civil servants to avail of a career break for the purpose of taking up employment in the private sector or becoming self-employed. This means civil servants can take a career break to work for up to 3 years in the private sector or 5 years in self-employment, subject to terms around conflicts of interest and political involvement.
126. Deputy Marcella Corcoran Kennedy asked the Minister for Public Expenditure and Reform if he has considered the impact of the introduction of tendering of school supplies on small and medium enterprises in Ireland vis-à-vis UK suppliers, which do not pay VAT here; and if he will make a statement on the matter. [24579/13]
View answerThe National Procurement Service (NPS) is cognisant of the needs of Small and Medium Enterprises and the fact that they are a very important part of the national economy. It is also recognised that public procurement can be an important source of business for SMEs.
However, when the value of a contract exceeds the threshold for publication in the Official Journal of the European Communities all public bodies are obliged to adhere to EU procurement law and must abide by the fundamental principles of transparency, equal treatment, proportionality and mutual recognition which are the basis for our membership of the EU.
This means that we must treat all companies tendering equally and show no preference to national industry. These laws apply equally to other countries within the EU and also enable Irish companies to compete for public procurement opportunities abroad.
Under EU law, tenderers can only submit tender prices exclusive of VAT, as rates can vary in each jurisdiction. This ensures a level playing field for companies from different countries and therefore no competitive advantage or disadvantage should arise from the correct application of VAT rules.
If a company from another European country is successful in winning a publicly tendered competition here in Ireland they will have to register with the Revenue Commissioners for VAT where they are supplying taxable goods within the State. Where they register for VAT in Ireland they will then apply VAT in the same manner to that of an Irish company. In addition, if a company established in another EU Member State supplies goods from that other EU Member State to non-VAT registered customers in Ireland the company will register and account for VAT in Ireland where the value of goods supplied exceeds €35,000 in a 12 month period. However, where a company established in another EU Member State supplies goods from that other EU Member State to VAT registered customers in Ireland the company will zero rate the supplies and the Irish customer will self-account for the supplies at the appropriate Irish VAT rate.
127. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide details of all public procurement contracts which contain local employment or social clauses. [24605/13]
View answerThe EU procurement directive primarily envisages that social considerations may be included as contract performance conditions, provided they are not discriminatory and are included in the contract notice or in the contract documents and relate to the performance of the contract. A further consideration is the ability of contracting authorities to effectively monitor compliance with the social clause. Experience in other Member States, would indicate that social clauses will tend to be used for services and works contracts rather than supply contracts.
The Department of Public Expenditure and Reform does not maintain information centrally about public contracts that have local employment or social clauses. However under the Capital Works Management Framework in relation to public sector construction procurement, Circular 33/06: ‘Construction Procurement Reform – revision of arrangements for the procurement of public works projects and for the engagement and payment of construction consultants’, requires any amendments to the contracts, including social clauses, to be submitted to the Government Contracts Committee on Construction (GCCC) for consideration and approval as appropriate.
The Government Contracts Committee for Construction (GCCC) has recently approved a pilot initiative to be included in a series of 3 bundles under the National Development Finance Agency (NDFA) Devolved Schools Build Programme Design and Build Framework (procured and delivered by the NDFA on behalf of the Dept. of Education and Skills), which will require the Contractor to provide for the employment of some members of the workforce employed under a public works contract to be recruited from the ranks of the long-term unemployed, in addition there is a requirement to provide opportunities for apprentices. The NDFA devolved schools programme consists of a mix of new builds, extensions and some remedial works to existing schools both at a primary and post primary level and have been bundled into 3 separate bundles. The projects will be constructed using the public works contract for Building Works designed by the Contractor. Once the contracts are underway the implementation of the additional requirements will be monitored and the NDFA will report on the success of the initiative before the GCCC considers recommending their more widespread use.
