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Thursday, 21 Nov 2013

Written Answers Nos. 1-20

Shared Services

Questions (12)

Seán Fleming

Question:

12. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the set up costs associated with new shared services arrangements across Departments in 2013, 2014 and 2015; and if he will make a statement on the matter. [49581/13]

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Written answers

Shared Services is a key element of the Government’s Public Service Reform Plan. In May 2012, the Government approved the establishment of a Civil Service HR and Pensions Shared Services Centre, PeoplePoint, which has been operational since March this year. It already serves some 15,000 employees across 13 organisations. Once PeoplePoint becomes fully operational, at the end of 2014, serving 40 organisations, savings estimated at €12.5 million annually will be achieved in the delivery transactional services for Human Resources.

In April, the Government also approved the establishment of a Civil Service Payroll Shared Services Centre which will commence operations next month. It is important to note that international experience has demonstrated that no Shared Service Centre can deliver savings until it is fully established and stabilised. This typically takes two to three years and the payback period is usually four to six years in a public service context.

With effect from January 2013, funding for these new Shared Service arrangements is provided under the Shared Services Vote for which my Department is responsible. This dedicated Vote provides transparency on expenditure and funding of Shared Services Centres as they become operational.

The total estimated set up or project costs relating to both PeoplePoint and Payroll Shared Services for 2013 is €10,438,000. The total set up costs for 2014 is €10,075,000. In 2015, when PeoplePoint is fully operational, there will be no further set up costs. It is not possible to comment on 2015 set up costs for Payroll Shared Services at this time. Once fully operational, Payroll Shared Services will result in €5.6 million savings annually in addition to the €12.5 million annual savings associated with PeoplePoint.

Public Service Contracts

Questions (13)

Clare Daly

Question:

13. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if he will require all public bodies to refuse contracts to companies who have left subcontractors unpaid, despite receiving payment for the work that had been undertaken by the subcontractor on their behalf. [49498/13]

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Written answers

Under a public contract the contractual relationship is between the public body and the main contractor. A public body has no contractual ties with a subcontractor engaged by a main contractor. Any contractual relationship is exclusively a matter between the main contractor and its subcontractor.

I am keenly aware of the difficulties being experienced by subcontractors in this current economic climate. In this regard, my colleague, Minister of State Brian Hayes TD worked with Senator Fergal Quinn earlier this year on the development of the Construction Contracts Bill which was enacted on 29 July 2013 (Construction Contracts Act No 34. 2013).

The Act seeks to address the issue of non-payment to construction contractors who have completed work on construction contracts by setting minimum standards for the payment provisions in construction contracts (whether the contracts are written or otherwise). In addition, if a payment dispute arises, then the Act also provides for a swift and cost effective adjudication process. This will provide a route for subcontractors to achieve redress in the event that non-payment occurs.

The general issue of policy relating to prompt payments between businesses is a matter for my colleague Mr, Richard Bruton TD, Minister for Jobs, Enterprise and Innovation. The rules governing prompt payment have been transposed into Irish law by the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580 of 2012). This legislation acts as a deterrent to late payment by establishing a clear expectation in law that payment will be made according to agreed terms. It lays down specific deadlines for the payment of invoices and establishes a right to compensation in the event of late payment in all commercial transactions, whether they relate to public or private transactions.

The enforcement of contractual rights, including any rights and obligations provided for by the Regulations, is a matter for individual suppliers. If the purchaser refuses to pay prompt/late payment interest and compensation to the supplier, then the supplier can seek their own legal advice on the matter. The supplier can also decide not to pursue prompt/late payment and compensation from a purchaser if he/she so wishes but is legally entitled to claim where such payment would apply. I am informed by the Department of Jobs, Enterprise and Innovation that the Regulations do not provide for any enforcement role for that Department in respect of these matters.

The Action Plan for Jobs 2013 contains commitments in respect of a Code of Conduct on Prompt Payments to improve cash flow for business and to take steps to enhance awareness of the need for prompt payments by all elements of business. This Code which is currently being finalised by the various business representative bodies with the support of the Department of Jobs, Enterprise and Innovation, is aimed at improving cash flow between businesses and also helping address the culture of late payments in Ireland.

In addition my colleague, Mr John Perry, TD, Minister for Small Business recently announced a national Late Payment Information Campaign, which will start on the 9th December in Dublin before being rolled out to other parts of the country early in the New Year.

Flood Prevention Measures

Questions (14)

Denis Naughten

Question:

14. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform the steps he is taking to address the summer flooding in the Shannon Callows; and if he will make a statement on the matter. [49418/13]

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Written answers

The core strategy for addressing flood risk in the Shannon Basin is the River Shannon Catchment Flood Risk Assessment & Management Study. The CFRAM Study is being conducted by Jacobs Engineering on behalf of the Office of Public Works and I am advised that good progress is being made on the project. The output of this important project will be an integrated plan of specific measures to address in a comprehensive and sustainable way the significant flood risk factors in the Shannon basin, including the Callows area, subject to meeting environmental and economic cost-benefit criteria.

As the Deputy is aware, operational control of water flows and levels on the Shannon is the responsibility of both the ESB and Waterways Ireland. In order to address ongoing concerns that the existing water level control regime may be a contributory factor in early Summer flooding in the Callows, the OPW facilitated discussions between these principal operating stakeholders toward agreeing a new interim control regime on the regulation of levels. Under this interim regime the ESB has agreed to a trial lowering of the Spring/early Summer target levels in Lough Ree to reduce somewhat the risk of summer flooding particularly in the Shannon Callows area. This trial commenced this summer and will remain in place until the publication of the Shannon CFRAM Plan.

On foot of discussions between my colleague, Minister of State Tom Hayes and the IFA, and with the co-operation of both the ESB and Waterways Ireland, a water level monitoring exercise is being carried out as part of the CFRAM process which will allow for analysis of water flows and levels at key points around the Lough Ree and Callows areas. Data from this exercise is being collated currently and the results will feed into the overall Shannon CFRAM study.

The OPW will continue to review these developments on a regular basis in consultation with the ESB and Waterways Ireland.

Tourism Industry

Questions (15)

Billy Timmins

Question:

15. Deputy Billy Timmins asked the Minister for Public Expenditure and Reform his plans to develop tourist facilities at Glendalough, County Wicklow. [44255/13]

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Written answers

The Office of Public Works (OPW) maintains a modern Visitor Centre at Glendalough staffed by Guides on a year round basis displaying an interesting exhibition and an audiovisual show about the history of the site. In addition, the OPW provides a guide presence to further enhance the visitor experience and English, French, Italian, Spanish & German guided tours are available throughout the year. Many commercial tour operators operate day tours to the site and it is a popular destination close to Dublin for international short stay visitors, which remains open all year round.

Visitors may freely access the Glendalough site and scenic walks around the lakes without entering through the Visitor Centre and many clearly choose to do this. The OPW is not in a position to capture data on this traffic but it is certainly significant. Visitor numbers recorded at the OPW Visitor Centre in 2012 were 79,983; the equivalent number recorded to end September 2013 is 72,033. It is clear that many multiples of this figure visit the site without visiting the Centre.

It is evident, given the volume of traffic to Glendalough, that visitors will continue to be attracted in large numbers to this location and the primary focus and challenge to OPW will be to continue to preserve and protect the Monument and present it to the public in a way that ensures that the fabric of the site is not damaged. The facilities currently available to OPW to fulfil this mandate are adequate for the purpose and there are no immediate plans to develop any further tourist facilities. However, given the large volume of visitors a number of management issues have arisen in recent years in the vicinity which make it imperative to manage the traffic to the Glendalough site more efficiently. In this regard, the OPW has engaged with local stakeholders, including Wicklow Co. Council, to focus on issues such as carparking, traffic management and visitor security so as to ensure that the many people who wish to visit Glendalough can continue to do so safely and enjoyably. OPW will also continue to engage with Fáilte Ireland to ensure that Glendalough is marketed appropriately internationally as a visitor destination and that awareness of the site and its attractions for visitors are presented favourably wherever possible. High profile visits such as that undertaken by the First Lady of the US and her children, help considerably to raise the profile of the site.

Public Procurement Contracts

Questions (16)

Mary Lou McDonald

Question:

16. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the enhanced strategy the Office of Government Procurement intends to adopt to ensure the small and medium enterprise and micro-business sectors can access the multi-supplier framework agreement for the supply of stationery and office supplies. [49526/13]

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Written answers

I am keenly aware that public procurement can be an important source of business for Irish small and medium enterprises (SMEs). I am also aware of the need for Departments and Offices to make every effort to contain and reduce all administrative costs to ensure the continued provision of much needed public services. In this regard, the National Procurement Service which will soon form part of the recently established Office of Government Procurement is engaged in an ambitious reform programme designed to deliver cost reductions for commonly acquired goods and services; increased levels of professionalism among staff responsible for procurement; and better performance management of the central procurement function.

In relation to the framework for the supply of stationery and office supplies, referred to by the Deputy, I am informed by the National Procurement Service that they published a request for tenders for these supplies on eTenders on 9th August 2013. The tender documentation seeks to encourage participation on a fair and equal basis by Small and Medium Enterprises (“SME”s) in this competition. SMEs that believe the scope of this competition is beyond their technical or business capacity are encouraged to explore the possibilities of forming relationships with other SMEs or with larger enterprises. Through such relationships they can participate and contribute to the successful implementation of any contracts, agreements or arrangements that result from this competition and therefore increase their social and economic benefits. Similarly, larger enterprises are also encouraged to consider the practical ways that SMEs can be included in their proposals to maximise the social and economic benefits of the contracts that result from this tendering exercise.

In a significant change to the previous single supplier contract, this competition has been structured as a multi-supplier framework agreement. In this case the framework will be broken up into four sectoral groupings (lots) that will be subject to ongoing competition from the participants under the terms of the competition. Furthermore in drafting the tender documentation, consideration was given to resolving issues that SMEs and Consortia might have adhering to standard requirements. In order to address such issues the tender documentation included tables and instructions on how a consortium should complete them to address such issues.

To summarise: we in government want better value for money for our substantial procurement spend. We are also committed to ensuring that SMEs are fully engaged in the process and will be encouraged, where necessary, to form alliances and networks to ensure they can tender on a competitive basis for this work.

National Lottery Funding Disbursement

Questions (17)

Dara Murphy

Question:

17. Deputy Dara Murphy asked the Minister for Public Expenditure and Reform if he will provide an update on the Cork Convention Centre. [46946/13]

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Written answers

On Budget day this year, I announced additional investment of €200m from the proceeds of the National Lottery Licence transaction. This investment will be used to progress a number of additional projects and programmes in 2014 including the project to which the Deputy refers. The precise allocation of the proceeds to the Departments concerned is being determined at present and will be published in the Revised Estimates for Public Services 2014 in December. My Department will not have any involvement in the management and/or roll-out of this or any of the other projects to be funded from the Lottery Licence transaction. That will be a matter for the relevant Minister and his/her Department. Of course, Departments must ensure that, as with all capital projects, those to be funded through this additional investment are appraised in line with the processes set out in the Public Spending Code.

Departmental Bodies

Questions (18)

Jerry Buttimer

Question:

18. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform if he will provide an update on the work of the Commission for Public Service Appointments; its role in maintaining high standards in public service recruitment and selection practices; its annual report 2012; and if he will make a statement on the matter. [49409/13]

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Written answers

The function of the Commission for Public Service Appointment (CPSA) is to safeguard the integrity of the recruitment, selection and appointment of people to publicly funded positions and, by continually improving standards, to engender widespread confidence in the ability of those appointed to contribute to the delivery of public services.

The annual report of the CPSA is laid before the Houses of the Oireachtas each year and is also available on the CPSA’s website www.cpsa.ie. In its most recent report, the Commission described its activity in terms of the numbers of complaints it has examined, its own initiative audits of appointment processes, licensing of Public Service recruiters and consideration of requests for excluding orders from Civil Service bodies.

In view of the continuing moratorium on public service recruitment, the CPSA acknowledges that its activity levels have fallen in recent years. In this regard it should be noted that the secretariat of the CPSA is now merged with the Office of the Ombudsman and many of its former staff are now contributing to the work of that Office.

The most recent annual report of the CPSA for 2012 is available at the following link: http://www.cpsa.ie/en/Publications/Annual-Reports/2012-Annual-Report/cpsa_AR_2012_en/index.html

Legislative Measures

Questions (19)

Mary Lou McDonald

Question:

19. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will amend the Protected Disclosures Bill 2013 to include a provision for an interim relief order. [49527/13]

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Written answers

As the Deputy may be aware I made a comprehensive statement on this matter in the Seanad yesterday when I introduced a Report Stage amendment to the Protected Disclosures Bill making provision for the granting of interim relief orders on foot of an application made to the Circuit Court.

The purpose of the amendment is to provide interim relief in cases where there is likely to be a substantial delay between a dismissal and an unfair dismissals hearing being heard before the relevant appeals body. International best practice recommends that such a provision should be included in whistleblowing legislation as it provides an important protection for workers.

An employee who claims to have been dismissed for having made a protected disclosure may apply to the Circuit Court for interim relief pending a full hearing of the unfair dismissal claim. If the Court finds it likely that there are substantial grounds for contending that the dismissal resulted wholly or partly from the making of a protected disclosure it will ask the employer to reinstate or re-engage the employee pending the full hearing of the Unfair Dismissals claim.

If this is acceptable, the Court will make an order for reinstatement or re-engagement on such terms and conditions as it considers appropriate. However if it is not acceptable the Court will make an order for the continuation of the employee’s contract of employment on the terms and conditions it decides. If circumstances subsequently change, either party may apply to the Court for the revocation of the order on the ground of a relevant change of circumstances. If an employer does not comply with the Court order, compensation may be paid to the employee.

Public Sector Staff

Questions (20)

Catherine Murphy

Question:

20. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform in view of the pronounced gender imbalance between senior and junior grades in the public service, the way the restricting of working time patterns and flexible working arrangements under the Haddington Road agreement will not exacerbate this inequality further; the measures he proposes to encourage a greater representation of women at senior grades in view of same; and if he will make a statement on the matter. [49583/13]

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Written answers

As Minister for Public Expenditure and Reform, I have overarching responsibility for the public service and I am confident that the public service stands as a leading employer in respect of human resource policies and practices aimed at increasing the participation of women at all levels. While each individual sector has responsibility for the specific arrangements relating to gender equality, my own Department is responsible for gender equality policy in the Civil Service.

In that context, as can be seen from the table below, significant progress has been made in addressing gaps between male and female participation at different grade levels in the civil service workforce. For example, as set out in the table, the proportion of women in middle and senior management grades in the civil service, in which even up to fifteen years ago, a relatively low percentage of posts were filled by women, is a strong demonstration of the impact of a number of initiatives which have been implemented to achieve better gender balance. Indeed the targets included in the National Women’s Strategy 2007-2016 for the percentage of women in the grades of AP and PO in the Civil Service has already been well exceeded for both grades.

The Deputy may also wish to note increases in the representation of women in grades that are feeder groups for middle and senior management grades as an important indicator of further increases over time in the number of women in senior positions in the civil service. Research had previously identified under-representation of women, in particular, in the Assistant Principal grade as a particular obstacle to the advancement of women to more senior levels.

While there are many factors, both societal and organisation specific, which have contributed to the increase in female participation at higher grades in the Civil Service, a number of specific initiatives have been particularly relevant in a civil service context including:

- The introduction of targets in 2000 aiming to fill one-third of Assistant Principal posts by women.

- The Gender Equality Policy in the Civil Service which was launched in 2001 which highlighted the need to introduce a modern approach to equality in human resource areas such as recruitment, promotion and training and suggested a number of practical steps which can be taken by Departments to promote equality of opportunity in these areas.

- The extensive range of flexible working arrangements available to all civil servants which allows them to balance their work and personal commitments.

The recent Haddington Road Agreement included some amendments to flexitime and worksharing arrangements. Work-life balance arrangements in the civil service are among the best available options provided by Irish employers, particularly when considered in tandem with annual leave and other provisions. Civil servants continue to have access to a number of flexible working arrangements, including flexi-time, work-sharing arrangements, the shorter working year scheme and career breaks.

Notwithstanding the significant progress which has been made in increasing the participation of women in the work force, there is clearly a continuing need to promote strategies that continue to increase female participation at senior levels across all sectors of the public service. In this regard, it is expected that the Report of the Sub-Committee on Women in Decision-Making ‘Towards Gender Parity in Decision-Making in Ireland ’ chaired by the Minister for State with responsibility for Equality will be submitted to Government shortly. Officials from my Department will, of course, review the relevant findings of that Report, in order to continue to support increased participation of women at all levels in the civil service.

Female civil servants according to grade 1997-2013

Grade

1997

2007

2010

2013

Increases since 1997

Secretary General

5%

19%

17.6%

26%

21%

Deputy & Assistant Secretary

10%

19%

16.1%

24%

14%

Principal Officer

12%

26%

30.6%

34%

22%

Assistant Principal

24%

33%

38.6%

42%

18%

Administrative Officer

37%

40%

59.2%

45%

8%

Higher Executive Officer

39%

46%

51.8%

54%

15%

Executive Officer

54%

56%

66.7%

59%

5%

Staff Officer

76%

79.2%

77%

1% (since 2007)

Clerical Officer

75%

77.4%

75%

(No changes since 2007)

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