Written Answers Nos. 76-86
76. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if he will ensure that defence mechanisms are put in place to protect properties (details supplied) in County Kerry from future flooding. [6061/14]
View answerThe River Laune is not a designated channel under an OPW arterial drainage scheme and therefore the Office of Public Works (OPW) is not responsible for its maintenance. The channel is in a Drainage District and its maintenance is a matter for Kerry County Council.
If the flooding problem in the location mentioned is due to a lack of maintenance by the Council then the OPW would not approve funding to the Council under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme to address this. However, if the flooding problem is due to factors other than lack of maintenance and the Council can demonstrate this clearly then the Council may apply for funding to address this problem under the Minor Works Scheme.
Any application received will be assessed under the eligibility criteria, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding. Any work for which funding is sought will be carried out by the Local Authority. It is also open to Kerry County Council to carry out flood mitigation works using its own resources.
77. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if the Office of Public Works will put in place defence mechanisms to ensure flooding will not be allowed to occur again at a location (details supplied) in County Kerry; and if he will make a statement on the matter. [6062/14]
View answer79. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the protection works that will be put in place to protect the residents and businesses of Bridge Street, Ballylongford, County Kerry, from being flooded; and if he will make a statement on the matter. [6088/14]
View answerI propose to take Questions Nos. 77 and 79 together.
It is a matter for Kerry County Council in the first instance to investigate and address coastal protection issues generally in the county, including remedial works required on foot of damage from the recent storms. The Office of Public Works (OPW) wrote on 10 January, 2014 to City and County Managers in coastal counties indicating it will accept applications under its Minor Flood Mitigation Works & Coastal Protection Scheme for funding to assist Local Authorities with the cost of repairs to built flood defences and coastal protection structures which have been damaged by the recent storms. This is a once-off measure to reinstate built coastal defences to their pre-storm condition. The specific application form for this is entitled 'Coastal Storm Flooding Damage Questionnaire 2014' and is available on the OPW website.
The OPW allocated funding of €100,000 to Kerry County Council under the Minor Flood Mitigation Works & Coastal Protection Scheme in 2012 for embankment strengthening works at Lower Cromane. This funding was drawn down by the Council in late 2012.
Ballylongford was identified through the national Preliminary Flood Risk Assessment as an area where the flood risk was potentially significant. It was therefore designated as an area for which detailed analysis is being carried out under the Shannon Catchment Flood Risk Assessment and Management (CFRAM) Study, which OPW is currently undertaking in partnership with the relevant local authorities including Kerry County Council. The analysis will enable the identification of flood risk management options for this area. The consultants working on the CFRAM study will be collecting flood event data on site following recent flooding in Ballylongford with a view to ensuring that any mitigation measures that may be proposed to address the flood problem in the town will be robust and effective.
Pending the finalisation of the CFRAM, it is open to the Council to submit an application for funding under the Minor Flood Mitigation Works & Coastal Protection Scheme for any interim mitigation measures for Ballylongford that may be identified. It is also open to Local Authorities to carry out flood mitigation and coast protection works using their own resources.
78. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if his Department, which has responsibility for the public service and in particular staffing issues in the Civil Service, has a database of the linguistic competency of civil servants to do their business in the two official languages of the State, Irish and English; if he has the method used to determine this competency; the number of civil servants in the whole Civil Service who are competent to do their business in both languages; the number at each grade; the distribution of these civil servants to various Departments; if the new recruitment policy in the public service in relation to knowledge of the Irish language was informed by such a database; and if he will make a statement on the matter. [6068/14]
View answerIn my role as Minister for Public Expenditure and Reform, I have overarching responsibility for the public service including pay, pensions and employment numbers. Specific staffing matters for the wider public service - such as are raised in the Deputy's question - are the responsibility of various Government Ministers, in accordance with the legislation setting up public service bodies or agencies under their aegis. My area of direct responsibility is for civil service staffing.
The Deputy will be aware from my reply to a previous question that in October last year the Government approved the introduction of a new approach to support Irish language proficiency in the civil service. These new arrangements were put in place in the context of replacing the policy of awarding bonus marks for Irish language proficiency in civil service recruitment and promotion competitions which was not meeting the Government's objectives for Irish language proficiency in the civil service. Under the new approach measures are being introduced to increase the cohort of functional bilinguals in the civil service in order to reflect a more competency-based approach to recruitment and, where appropriate, promotion competitions
The new arrangements were notified to Departments by my Department in November last. In December last, my Department wrote to Departments and Offices requesting that they review the Workforce Planning frameworks previously submitted and to identify posts/areas of work requiring functional bilinguals and to include these in a revised workforce action plan. This exercise is on-going and is expected to provide information on the demand from Departments for functional bilinguals. This information will facilitate arrangements being put in place to ensure that the requirement for Government Departments to provide services through Irish is met.
My Department does not currently compile information on staff who are competent to conduct business in the two official languages of the State. The arrangements being put in place in relation to the identification of the number of functional bilinguals in the civil service can play an important role in improving the information available on Irish language competency.
80. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform when it is proposed to carry out actuarial estimates for the cost of public sector pensions; if it is proposed to carry out such estimates on a regular basis; and if he will make a statement on the matter. [6116/14]
View answerMy Department considers that the regular preparation and publication of actuarial assessments of public service pension provision is an important part of policy formation. The most recent C&AG actuarial exercise on the cost of public sector occupational pensions showed the accrued liability to have been €116bn as of December 2009. Work has now commenced in my Department on updating this figure. This will estimate the position as of December 2012. The exercise will take into account the relevant changes in public service pay and pensions in recent years. It is intended to have an updated estimate of the accrued liability figure early this year.
81. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will ensure that every payment made greater than €1000 will be published on each Department's website in order to provide full accountability to taxpayers regarding expenditure by each Department; and if he will make a statement on the matter. [6144/14]
View answerAs the Deputy will be aware there was a commitment in the Programme for Government that every Purchase Order by a Government Department or Agency for €20,000 or over should be published online. In line with this commitment, my Department began publishing details of Purchase Orders over €20,000 on its website in 2012, quarterly in arrears. Following this my Secretary General wrote to all Secretaries General, stating that they should put appropriate processes in place to ensure that this target was met. That letter also stated that similar arrangements will be required for offices and agencies under each Department s aegis and asked that this be brought to their attention. While there are no immediate plans to lower this threshold, the matter will be kept under consideration as part of our ongoing commitment to the government reform agenda.
82. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform his plans to introduce penalties for civil servants who give bad advice that ends up costing taxpayers money; and if he will make a statement on the matter. [6147/14]
View answer83. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform when powers will be available to sack civil servants who are non-performing; and if he will make a statement on the matter. [6149/14]
View answerI propose to take Questions Nos. 82 and 83 together.
A suite of sanctions, up to and including dismissal, are currently available to deal with underperformance at all levels in the civil service. There is, however, a need to strengthen performance management in the civil service in order to ensure that the tools available to managers to manage performance are appropriately applied in practice. In this context my Department has introduced a number of reforms to the Performance Management and Development System (PMDS) since 2011 and is focused on ongoing and continuous improvement of the system.
As part of these reforms my Department has developed a framework and guidelines for managers across the civil service on how to address underperformance. The guidelines set out a road map for managers and HR units in addressing poor performance and respect the principles of natural justice and fairness. The guidelines reflect good practice in the management of performance in a private or public sector environment. Where performance does not improve to a satisfactory level, despite the efforts of the manager, the manager can legitimately start disciplinary action under the Civil Service Disciplinary Code.
Following changes to the Civil Service Regulation Act 1956, introduced by the Civil Service Regulation (Amendment) Act 2005, disciplinary action can be taken in cases of underperformance as well as in cases of misconduct, irregularity, neglect or unsatisfactory behaviour. Disciplinary action can include: deferral of an increment; reduction in pay; suspension without pay or ultimately dismissal. As set out above, these sanctions are currently available to managers to deal with poor performance at all levels in the civil service.
The Deputy might wish to note that in accordance with due process and principles of natural justice, disciplinary action can only be taken where a staff member has been warned and given the opportunity to improve his or her performance and where appropriate training and development measures have been taken. These types of requirements apply equally to employees in the private sector.
84. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform his plans to introduce fixed-term contracts for senior civil servants; and if he will make a statement on the matter. [6151/14]
View answerAs provided for in the Public Service Reform Plan 2014-16, my Department will examine the contractual framework for senior civil servants to underpin an effective approach to supporting high performance.
85. Deputy John O'Mahony asked the Minister for Jobs, Enterprise and Innovation his plans to address the booking fees being charged for booking tickets; and if he will make a statement on the matter. [6005/14]
View answer87. Deputy John O'Mahony asked the Minister for Jobs, Enterprise and Innovation if he or his Department has plans to address the booking fees being charged for booking tickets; and if he will make a statement on the matter. [6083/14]
View answerI propose to take Questions Nos. 85 and 87 together.
I understand that the Deputy’s questions relate to the booking fees charged for tickets to entertainment and sporting events. The main issue raised about these fees is the level of the fee. The fee for tickets purchased online or by telephone from the main provider of ticketing services, Ticketmaster Ireland, is typically 12.5 percent of the price of the ticket up to a maximum charge of €6.10 to €6.35 per ticket. The fee for tickets purchased through retail agents of Ticketmaster Ireland is typically €2.15 per ticket, with an additional fee commonly applied to payments made by credit card.
The Deputy will understand that, in a market economy, it is not my function either to fix prices or to rule on whether prices are too high. In response to complaints from consumers, the Competition Authority undertook an investigation in 2005 into alleged excessive booking fees by Ticketmaster Ireland and its exclusive contractual relationships with two leading promoters. After an extensive investigation, the Authority concluded that Ticketmaster Ireland’s conduct did not constitute an abuse contrary to section 5 of the Competition Act 2002, nor did its agreements with the promoters prevent, restrict or distort competition contrary to section 4 of the Act. Though the company accounted for 100 per cent of the market for outsourced ticketing services for events of national or international appeal, it was constrained from exploiting this position by the countervailing power of the event promoters vis-à-vis their ticketing service provider and by the incentive for those promoters to minimise the booking fee charged to the end consumer.
A second issue commonly raised about booking fees concerns the manner in which these are applied and advertised, specifically the fact that they apply as an additional charge to the price of the ticket. This is in accordance with the Consumer Information (Advertisements for Concerts or Theatre Performances) Order 1997 which provides that, in every written advertisement for a public concert or theatre performance, the admission price must be indicated together, where applicable and separately, with the amount in monetary or percentage terms of any additional charge. My Department undertook a review of the 1997 Order in 2007-2008 in order, among other things, to establish whether it should be amended to require such advertisements to indicate ticket prices inclusive of booking fees or other charges. While the majority of respondents were in favour of such a change, others, including the Consumers’ Association of Ireland and the Competition Authority, considered that the requirement to indicate booking fees separately could serve a pro-competitive and pro-consumer purpose.
A survey of a nationally representative sample of 1,000 respondents undertaken as part of the review found that most respondents reported that they found it very or quite easy to understand the total price they had to pay for tickets. When asked to express a preference for the inclusive or separate advertising of ticket prices and booking fees, more respondents favoured a requirement to indicate the prices and fees separately. In the light of these findings and the responses to the public consultation, it was decided accordingly not to proceed with the amendment of the 1997 Order. Legal advice obtained on a separate issue established, furthermore, that the scope for any such amendment was heavily constrained by the maximum harmonisation status of Directive 2005/29/EC on Unfair Commercial Practices.
The advertising of tickets for entertainment and other events, and of the booking fees which apply to those tickets, is regulated by the legislation that gives effect to the Unfair Commercial Practices Directive in Ireland, the Consumer Protection Act 2007. The Act provides, among other things, that a commercial practice is misleading if it includes the provision of false information about the price of a good or service and the manner in which that price is calculated, and that information would be likely to cause the average consumer to make a purchasing decision that he or she would not otherwise make. The Act further provides that a commercial practice is misleading if the trader omits or conceals material information that the average consumer would need in order to make an informed purchasing decision.
A ‘sweep’ investigation of online sales of tickets for cultural and sporting events co-ordinated by the European Commission and undertaken by national enforcement authorities in 2010 and 2011 checked sixteen ticket service websites in Ireland. While eight of the sixteen websites surveyed were found to be in breach of provisions of the Unfair Commercial Practices Directive or other applicable European Union consumer protection legislation in the first phase of the sweep, all were found to be complaint in the subsequent follow-up phase.
86. Deputy Joe Carey asked the Minister for Jobs, Enterprise and Innovation if he will respond to correspondence (details supplied) regarding the establishment of an economic task force; and if he will make a statement on the matter. [5938/14]
View answerI consider that it is neither practicable nor effective to establish jobs task forces or specific jobs plans around the country as a general mechanism to address unemployment. I believe that to embark on such a course would involve diverting the various State Agencies from their on-going efforts to create jobs. A considerable administrative commitment is involved in servicing any additional committees and groups which may be set up and, given the constrained staff resources facing all public sector bodies at present, I am strongly of the opinion that establishing such additional groups, except in very exceptional circumstances, would not be in the best interests of using the State’s resources effectively.
My Department and its Agencies are working together to address the unemployment problem that is currently experienced throughout the Country as a whole by implementing the Government’s Action Plan for Jobs which aims to create 100,000 net new jobs over the period 2012 to 2016. The Enterprise Development Agencies under the aegis of my Department - Enterprise Ireland, IDA Ireland and the County and City Enterprise Boards (CEBs) - are to the forefront in delivering many of the Action Points under the Action Plan for Jobs by providing a suite of programmes to assist companies to develop their enterprises and support both start up and established businesses. All companies eligible for support from the Agencies have the same access to State services regardless of their location or status.
At present, Enterprise Ireland has 66 client companies based in Co. Clare employing 1,376 people including 13 companies based in Ennis employing 180 people. Clare based companies were approved for funding of €1,558,287 in 2013 and so far in 2014, €183,991 has been paid to Clare-based clients. The Agency operates a number of programmes to assist companies in Co. Clare including, Competitive Feasibility Funds and Competitive Start Funds in 2013. The Mid-West Competitive Feasibility Fund funded 15 projects including one Ennis Start-up. Also, there are currently three Ennis-based companies who will shortly complete the New Frontiers programme in Galway Mayo Institute of Technology and Limerick Institute of Technology.
In addition, the Agency’s Potential Exporters Division is working with eight Clare-based companies, including two in Ennis. An Enterprise Start programme was held in Westpark in Shannon last October. Eight companies attended including one Ennis-based company.
Clare County Enterprise Board (CEB) develops indigenous potential and stimulates economic activity at a local level through the provision of financial and technical support for the development of small and micro-enterprises in Co. Clare. In 2012, Clare CEB paid out capital grants to the value of €612,100 with 53 associated jobs. The Board also provided training for 596 participants.
Clare has a strong FDI base, concentrated mostly in the Shannon Free Zone and Ennis. State-supported FDI companies in the county employ approximately 5,000 people in 55 companies in the Shannon Free Zone and a further 1,340 people in 13 companies in the rest of the County. IDA’s strategy is to re-position the Mid-West, including Co. Clare, as a hotspot for knowledge based industry.
