Wednesday, 26 Feb 2014

Written Answers Nos. 90 - 100

School Accommodation

Questions (90)

Catherine Murphy

Question:

90. Deputy Catherine Murphy asked the Minister for Education and Skills if a school (details supplied) in County Kildare has applied to the buildings unit for an extension to its accommodation; when such an application is likely to be decided upon; if his attention has been drawn to the fact that in excess of 90 children have already been refused enrolment in the school for 2014 and that the school has a wider catchment area than just Kilcock; and if he will make a statement on the matter. [9978/14]

Written answers

Minister for Education and Skills

I can confirm that my Department has received an application from the school, referred to by the Deputy, for funding to facilitate its growth to a third stream, i.e. a 24 classroom school. My Department is currently liaising with the Patron of the school and a decision will be conveyed to the school authorities when this process has been finalised.

The Deputy will however appreciate that my Department's over-riding objective is to ensure that every child will have access to a physical school place and that our school system is in a position to cope with increasing school numbers. To ensure that this is achieved, the delivery of new schools, together with extension projects, in areas where additional demographic need has been established, will be the main focus for capital investment in the coming years. The Five Year Construction Plan that I announced in March 2012 is focused on meeting those demographic needs and sets out the school projects that are planned to proceed to construction over the duration of the Plan. My Department's assessment of any application for large scale capital funding will therefore take into account planned provision under the Five Year Plan and clear evidence of substantial pressure for pupils places in all schools serving the area.

Consultancy Contracts Expenditure

Questions (91)

Catherine Murphy

Question:

91. Deputy Catherine Murphy asked the Minister for Education and Skills if he will indicate, in tabular form, the total expenditure by his Department on external consultancy advice services, including legal services, in 2011 to 2013, inclusive; if this spend is in line with the overall value for money objective of his remit; and if he will make a statement on the matter. [10011/14]

Written answers

Minister for Education and Skills

Details in relation to external consultants engaged by my Department in 2011, 2012 and 2013 are set out in the following table. Legal costs incurred by the Department, in connection with cases which are brought to court, are generally not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General. Expenditure on legal advice paid for by my Department in the years in question was as follows: 2011 – €24,705.50; 2012 – €10,946.50; 2013 - Nil.

In procuring external professional services it is my Department's policy to achieve value for money while conducting procurement in a fair, open and transparent manner that is fully compliant with EU procurement Directives and national procurement guidelines. I am satisfied that the services in question have been procured in accordance with this policy.

List of Consultants, Experts and Advisors engaged by the Department of Education and Skills 2011-2013

2011 Consultants, Experts, Advisors	Purpose	Total Cost €
Centre for Cross Border Studies	2011 annual review of Post graduate courses in Northern Ireland	2420.00
Jim Duffy & Pat McLoughlin members of an independent panel appointed by the Secretary General re designation of a single awarding authority	The independent panel shortlisted a number of proposals, made recommendations to the Minister on the preferred proposal for designation of a single awarding authority and made recommendations it considered necessary in relation to modification or development of the preferred proposal for implementation purposes	1,927.86
Gartner	Subscription for provision of ICT research, advice, guidance & related services to the IT Unit 1/10/2011 - 30/09/2012	35,150.49
Sr. Eileen Randles	External Reviewer in an appeal against an inspection under section 13 (9) of the Education Act 1998	920.00
Dr Simon Marginson	Development & submission to DOES of draft criteria for the proposed re-designation of amalgamated institutes of Technology Universities arising from the recommendations of the National Strategy  for Higher Education to 2030	€9,075.00
Farrell Grant Sparks	Follow up work and provision of advice in relation to the FGS report (redacted report due to commercially sensitive issues in original report)	€8,410.71
Forum on Patronage & Pluralism in the Primary Sector-Professor John Coolahan, Dr Caroline Hussey, Fionnuala Kilfeather	Advisory Group to convene the Forum on Patronage & Pluralism in the Primary Sector, to receive and distil the various views and perspectives of participants and to report and advise the Minister	€20,000.00
Price Waterhouse Coopers LLP (PWC) Belfast	Evaluation of the Special Education Support Service established by the Department in 2003 to address the then rather fragmented provision of continuing professional development in the area of special education.	€97,866.01
Goodbody Economic Consultants	Evaluation of the Initial Implementation of Síolta, the National Quality Framework for Early Childhood Education	€31,280.92
The PA Consulting Group	Evaluation of the training & education programmes for the unemployed delivered under LMAF 2010	€52,003.38
Fitzpatrick & Associates	Mid term Evaluation of the Human Capital Investment Operational Programme 2007-2013	€61,589.00
Deloitte	To carry out audits of the national agencies for the Lifelong Learning Programme in Ireland, these will serve as the basis for the submission of Declarations of Assurance from International Section to the European Commission	€16,299.00
Public Authority Pension Services Ltd	Pensions advisory work relating to the establishment of a pension scheme for staff of the NCTE	€4,791.60
Analysys Mason	Commercial Financial & Technical Procurement advice for Schools Broadband Tender	€63,632.51
Grant Thornton	External audit of Dell and Waterford Crystal EGF programmes	€5,445.00
	2011 Total:	€410,811.48

YEAR 2012 Consultants, Experts, Advisors	Purpose	Total Cost €
Analysys Mason	Commercial, financial and technical advice on the procurement of broadband services for schools	€52,040.42
Goodbody Economic Consultants	Evaluation of the Initial Implementation of Síolta, the National Quality framework for Early Childhood Education	€16,747.68
Mazars	IT Security Audit of the EUSF IT Database	€5,063.91
Mazars	Audit of Labour Market Activation Fund (LMAF)	€9,839.14
Version 1	Provision of Oracle Financials training support along with training documentation in the implementation of Performance Budgeting	€2,070.00
Mokum Change Management Ltd	Provision of Oracle Financials training support along with training documentation in the implementation of Performance Budgeting	€17,302.88
Seamus O'Dwyer-Consulting and Training	Training and expert advice relating to the Public Service Pensions Bill	€2,700.00
Sydney Blain	Review of an appeal against an inspection under section 13(9) of the Education Act	€718.75
Mokum Change Management Ltd	Provision of Oracle Financials functional & accounting advice in moving from a four vote operating unit to a single operating unit	€11,606.90
Sir Jim Rose	Provision of international expertise on Literacy & Numeracy to the Literacy & Numeracy Implementation Advisory Committee	€3,870.13
Gartner	Subscription for provision of ICT research, advice, guidance & related services to the IT Unit	€36,788.67
Sion Quality Healthcare Solutions	Completion of a workplace assessment for staff member with a disability and resulting report	€370.00
Pat McLoughlin	Chair of Independent Panel re the establishment of the single grant awarding authority	€83.66
The Centre for Cross Border Studies	2012 review paper of Republic of Ireland post graduates in Northern Ireland	€1,845.00
Deloitte	Preparation of a Declaration of Assurance in respect of the Lifelong Learning Programme	€16,568.10
	2012 Total:	€177,615.24

2013 Consultants,Experts, Advisors	Purpose	Total Cost €
Dr Tony Crooks	External Reviewer in a review of an inspection report of Rath na nOg High Support Unit under Section 13(9) of the Education Act 1998.	€460.00
The Centre for Cross Border Studies	2013 review paper on Republic of Ireland postgraduates in Northern Ireland	€1,845.00
Accenture	Consulting services in relation to the Management Framework Agreement (SUSI MOU agreement with City of Dublin Education & Training Board and the Department of Education & Skills for the centralised Administration of Student Grants which was signed in October 2013	€5,904.00
University of Birmingham on behalf of Dr Mike Linden	Review of  Role, Organisation & Management of Visiting Teachers for children with hearing & Visual Impairment (VTHVI) Service, Ireland	€10,947.00
Mokum Change Management Ltd (IT consultancy)	Performance Budgeting consultancy fees for Jan and Feb 2013 and T & S for July 2012. (IT consultancy)	€2,169.14
Gartner (IT consultancy)	IT Leaders Advisor Subscription 07/2013 to 06/2014 including credit in respect of 07-08/2013. Provision of ICT Research, advice, guidance and related services to the IT Unit	€41,061.50
Padraig McNamara (retired CEO of State Examinations Commission)	External Reviewer required in respect of school services for autistic children.  To review historic funding and financial arrangements for Applied Behavioural Analysis (ABA) centres funded by DES and recommend actions to reconcile outstanding account balance issues. To review any current residual financial difficulties being experienced by the 13 schools in question. To submit observations & advise on a suggested course of action for  the Department	€0.00*
Deloitte	To assist the Department in devising a new organisational design for Education & Training Boards (ETBs) and SOLAS	€0.00*
Deloitte	To provide external expert assistance, advice and support for the creation of a Cost Benefit Analysis (CBA) & implementation roadmap for an integrated payroll shared service for the ETB/SPLAS sector in line with the shared services commitments set out in the Government's Public ServiceReform Plan 17/11/11. This exercise also supports the Department's new Shared Service plan	€0.00*
Educational Research Centre	Consultancy Services to provide input to ICT Census of Primary, Post Primary and special schools and analysis of census data	€0.00*
Public Authority Pensions Services Ltd	Pensions Advisory work relating to the establishment of a pension scheme for the staff of the NCTE	€2,152.50
Fitzpatricks Associates/AECON	Ex-Ante Evaluation of the ESF Operational Programme in preparation for the period 2014-2020	€0.00*
Mazars	External Auditing services	€0.00*
Deloitte	To carry out audits of the national agencies for the Lifelong Learning Programme in Ireland, and, from 2015, for the new Erasmus + programme. These will serve as the basis for the submission of Declarations of Assurance from the Department to the European Commission.  In 2014, Audits need to be undertaken in respect of the 2013 activities of the national agencies in advance of submission of the 2013 Declaration in Q 2 of this year	€22,463.49
Seamus O'Dwyer Consulting & Training	Provision of training & advice relating to the Public Service Pensions Bill	€200.00
Stratigos Ltd	Provision of customised Business Process Improvement training to include coaching (with provision of advice) of relevant staff	€4,428.00
Version 1	Shared Financial Services Project - provision of Oracle Financials support to set up purchasing module	€4,674.00
	2013 Total:	€96,304.63

Appointments to State Boards

Questions (92)

Seán Fleming

Question:

92. Deputy Sean Fleming asked the Minister for Education and Skills if he is satisfied with the number of women currently serving on State boards under his remit; and if he will make a statement on the matter. [10022/14]

Written answers

Minister for Education and Skills

The Programme for Government includes a commitment that the Government will take steps to ensure that all State Boards have at least 40% of each gender represented among the members. In 2012, women members represented 38% of board membership of State Boards in the Education sector. However, I aim to ensure that the Programme for Government commitment of 40% is achieved in the Education sector and 42% of new appointees to such Boards in 2012 were women.

Public Sector Staff Recruitment

Questions (93)

Thomas P. Broughan

Question:

93. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the number of requests received from the Revenue Commissioners in 2013 and to date in 2014 for permission to employ additional staff; and the number of such requests that have been approved, refused and are pending. [9904/14]

Written answers

Minister for Public Expenditure and Reform

The Office of the Revenue Commissioners was granted sanction on 24 October 2012 to fill critical posts up to the limit of its end 2013 Employment Control Framework ceiling of 5,874 WTE, which included additional Local Property Tax (LPT)-related posts (reduced to 5,748 WTE for end 2014). It is a condition of this sanction that Revenue must refer to the Public Service Redeployment/Resource Panel to fill any posts in the first instance. 

Revenue sought and was granted sanction in December 2012 to recruit Temporary Clerical Officers in 2013 for the Local Property Tax (LPT) and to provide cover for staff availing of the Shorter Working Year in 2013. The contracts involved were to be for an average of 10 weeks each, depending on the particular requirements of the area of work they were assigned to. Revenue also sought and was granted sanction in 2013 for the following staffing resource requests:

- 1 EO for Audit & Compliance duties in the Cork area.

- Secondment of a Principal Officer from SFADCo for up to 9 months to work on LPT, Payroll Shared Services and Financial Management Projects.

- NUIG Intern placement for 12 weeks

- 3 EO posts and 1 CO post for Oil Task Unit in Border area.

- Open AO Competition for Audit & Investigation specialists.

- Temporary Higher Duties Allowance to fill 1 PO and 2 AP posts in critical areas.

- Six-month Internships in Revenue for 6 Masters in Computer Science students.

- Six-month placements for 4 Willing Able Mentoring (WAM) Programme candidates.

- The OECD Base Erosion and Profit Shifting (BEPS) Project - 2 POs, 4 APs and 2 AOs for Corporate Business and International Division.

- Temporary Higher Duties Allowance to fill an EO post in the Revenue Print Centre.

- 3 Temporary Solicitors to cover for staff on Maternity Leave and to help cope with an increase in work emanating from new Oil Licensing regime.

- Additional Revenue Enforcement Teams and National Intelligence Branch staffing - 3 HEOs, 6 EOs, 10 COs.

- Commander post (HEO level) for Revenue Cutter in Maritime Unit.

- Recruitment of Temporary Clerical Officers for LPT and Household Charge work, and to cover (only where considered absolutely necessary) staff on Shorter Working Year unpaid leave in 2014. Sanction was also given for payment of higher duties allowance for some staff to help cover the latter.

In 2014, 1 HEO and 1 EO were sanctioned for the newly structured Revenue Print Centre in 2014. The request was for 1 HEO and 2 EOs.

Public Procurement Contracts

Questions (94)

Michael McCarthy

Question:

94. Deputy Michael McCarthy asked the Minister for Public Expenditure and Reform if he will change the current pre-qualified builders' tendering criteria for capital projects (details supplied); if his attention has been drawn to the exclusive nature of the existing criteria; and if it is his intention to review same as it potentially discriminates against builders who have both the competence and capacity to construct and who have a strong track record of providing valuable local employment. [9759/14]

Written answers

Minister for Public Expenditure and Reform

Public works contracts must be awarded on the basis of objective and non-discriminatory criteria.  Different criteria are applied at the pre-qualification stage to those at the award stage with pre-qualification criteria designed to assess the capacity of applicants and tenderers to deliver the project in question.  Their capacity is typically assessed by criteria set out under the EU procurement directives and public works tenders usually include criteria such as economic and financial standing and technical ability, amongst others.

All policy, guidance and implementation measures relating to capital projects is published on the Construction Procurement Reform website www.constructionprocurement.gov.ie where the Capital Works Management Framework (CWMF) provides a suite of best practice guidance, standard contracts and generic template documents.  Tendering is dealt with through a range of guidance notes and template documents such as Suitability Assessment Questionnaires, Instructions to Tenderers and Forms of Tender which are published under the CWMF.  These documents may be downloaded and modified to suit each particular tender competition, and provides a consistent approach for contracting authorities to the management of public works projects. 

The CWMF was introduced on a phased basis from 2007 and became mandatory for all contracting authorities through the issue of Department of Finance Circular 06/10 on 5 May 2010.  The documents are updated and augmented where appropriate to respond to new developments in the industry and changes in the regulatory environment. 

The Deputy will appreciate that the assessment of a tenderer's capacity is a key part of any procurement process because the contracting authority must be reasonably satisfied that the contractor awarded a public works contract has the necessary capacity to carry out and successfully deliver the project in question. Establishing suitability criteria that are appropriate to a particular contract is a matter for the contracting authority concerned since they are in the best position to understand the delivery requirements for that specific contract. Once appropriate suitability criteria are established it is important to apply proportionate minimum standards to these criteria. In this regard 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, published as part of the Capital Works Management Framework (Guidance Note 2.3.1.3 Suitability Criteria for Works Contractors Minimum Standards refers. http://constructionprocurement.gov.ie/wp-content/uploads/GN_2.3.1.3.doc). 

The Government recognises that the small and medium enterprise (SME) sector is very important to the economy and that public procurement can be a source of business for SMEs. In this regard, my Department has issued public procurement guidelines (Circular 10/10) to public bodies which are aimed at facilitating greater participation of SMEs in public procurement opportunities. In relation to suitability criteria, the guidelines stress that public bodies must ensure that any criteria/turnover levels set by them must be both justifiable and proportionate to the needs of the contract.

Public Procurement Contracts

Questions (95)

Andrew Doyle

Question:

95. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform the manner in which contracts offered under EU directives are assessed; if he will explain potential revenues or losses by way of VAT and other taxes that are costed into the contracts; if these factors are applied before contracts are awarded; and if he will make a statement on the matter. [9781/14]

Written answers

Minister for Public Expenditure and Reform

Under EU Directives on public procurement works, supplies and service contracts above certain thresholds must be advertised on the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For works contracts the threshold is €5.186 million; for supplies and service contracts awarded by Government Departments the threshold is €134,000 and for the remainder of public bodies the threshold is €207,000. The threshold for supplies and service contracts of entities operating in utility sectors (water, energy, transport and postal) is €414,000. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on the basis where a supplier is liable for tax purposes. There are legal remedies which may be used against any public body infringing these rules.

The main rules that apply to the calculation of the value of contracts are as follows:

- the calculation should be based on the total amount payable or the total value of the contract and, in the case of frameworks and contracts divided into lots, the amount is the total value of all potential contracts to be awarded under the arrangement;

- all financial and non-financial elements that may be paid are counted including payments from third party sources (i.e. co-funded projects); and,

- the estimated value of the contract must take into account the estimated total amount, including all options and renewals (even if those options or renewals are not subsequently exercised) and all other types of payment made to all candidates or tenderers.

In relation to how VAT and other taxes are assessed when tenders are being evaluated, the position is as follows:

- Tender value is assessed exclusive of Value-Added Tax (VAT). This is because of the variety of VAT rates in operation across the EU. In this regard, it is worth noting that where a successful supplier is located in another EU Member State and the annual value of a foreign supplier's distance sales to this State exceeds €35,000 the supplier is obliged to register for VAT in this State. 

- All other taxes would be included in tender price.

The Office of Government Procurement (OGP) is responsible for producing annual statistical information in relation to above-EU threshold procurement activity by the Irish public sector and for providing these statistics to the European Commission. The most recent data available on above EU threshold awards relates to 2011 and is as follows:

- Approximately 10% (valued at €240M) of the total known awarded contracts above threshold by the State went to non-domestic companies. This represents less than 5% of the overall annual public procurement spend (approximately €13.1 billion).

It is important to remember that open tendering is a two way street and that it provides Irish companies with opportunities to compete abroad. The public procurement market in the EU is estimated to be valued in excess of €2.4 trillion. In this regard, it is worth pointing out that the open market regime also offers opportunities for Irish companies to win business abroad and reliable EU studies indicate that many Irish businesses are successful in this regard.

Pension Provisions

Questions (96)

Maureen O'Sullivan

Question:

96. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform his views on whether the Aer Lingus deferred pensioners who are not part of a union had their issues sufficiently represented at negotiations; if he will ensure their issues will be addressed in upcoming negotiations in relation to their pension scheme; and if he will make a statement on the matter. [9803/14]

Written answers

Minister for Public Expenditure and Reform

As I am not the Minister with responsibility for issues in the aviation sector, I am not in a position to comment on negotiations, if any, on matters arising in that sector.  In general however, the Trustees of the pension scheme, who are central to any solution of any funding difficulties in relation to a pension scheme, are required by law to act in the best interests of all the members. On that basis the Trustees should take account of the interests of the deferred, active and pensioner members in any proposals they make. I also understand that the issue of the representation of pensioners and deferred pensioners in industrial relations disputes relating to pensions is a matter that is under active discussion between the Departments of Jobs, Enterprise and Innovation and Social Protection.

Flood Prevention Measures

Questions (97)

Finian McGrath

Question:

97. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if he will provide an update on a matter (details supplied) in Dublin 3 regarding funding. [9839/14]

Written answers

Minister of State at the Department of Public Expenditure and Reform

As I indicated in a reply to the Deputy's Parliamentary Question 1414 of 15 January, 2014, Dublin City Council is the lead authority in relation to the development of any flood relief proposals for Clontarf and I understand that the Council is currently exploring possible options. Should a viable flood relief scheme emerge which meets with the acceptance of the relevant stakeholders, including the public, it will be open to the Council to apply for funding from the Office of Public Works (OPW) to undertake such a scheme. Any such application will be considered having regard to the overall availability for funding for flood risk management. The provision of any temporary anti-flooding measures for the area is also a matter for the City Council in the first instance.

Flood Prevention Measures

Questions (98, 99, 100)

Maureen O'Sullivan

Question:

98. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform the specific costed plans that exist to connect the North Strand-Ballybough area in Dublin Central to the new North Wall pumping station to alleviate the risk of repeated flooding; if none currently exists, when will costed plans be completed; and if he will make a statement on the matter. [9847/14]

Maureen O'Sullivan

Question:

99. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform the measures being taken by the Office of Public Works to ensure that Dublin City Council implements plans to alleviate repeat flooding by addressing drainage infrastructure failings; and if he will make a statement on the matter. [9848/14]

Maureen O'Sullivan

Question:

100. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform the sustainable drainage options being planned and developed for an area (details supplied) to lower the risk of complex flooding issues; and if he will make a statement on the matter. [9849/14]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I propose to take Questions Nos. 98 to 100, inclusive, together.

The questions concern matters of urban surface water drainage infrastructure. The Office of Public Works has no responsibility in this matter. It is, in the first instance, a matter for Dublin City Council. Funding investment in upgrading of urban surface water drainage infrastructure falls within the Minister for the Environment, Community and Local Government's area of responsibility.