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Wednesday, 30 Apr 2014

Written Answers Nos. 219-237

Architectural Heritage

Questions (219)

Emmet Stagg

Question:

219. Deputy Emmet Stagg asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 288 of 21 January 2014, if he will indicate when the information will be provided. [19000/14]

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Written answers

The Castletown Estate was originally donated to the State in 1994, by the Castletown Foundation, for a consideration of £10.00. The Office of Public Works (OPW) took over the management of Castletown House and Demesne in 2004, and prior to this the property was in the care of, and administered by, the Minister for Arts, Heritage, Gaeltacht and the Islands; the Minister for Community, Rural, and Gaeltacht Affairs; and finally the Minister for the Environment, Heritage and Local Government.

Since 2004, it is estimated that the total annual outlay by the Office of Public Works on preservation, conservation, presentation, guiding, upgrading, maintenance, landscaping, security and administration is as follows:

Year

2004

560,626

2005

855,914

2006

627,905

2007

5,947,490

2008

2,159,961

2009

3,014,012

2010

4,783,923

2011

2,542,647

2012

1,849,910

2013

1,160,069

Additional lands were acquired by the Office of Public Works since 2004 as follows:

- The Batty Langley lands in 2006 for €2,000,000; and

- the former Coillte woodlands to the north and east of the main house in 2007 for €1,350,000

These sums are not included in the above table.

Local Authority Assets

Questions (220)

Thomas P. Broughan

Question:

220. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the position regarding a piece of no-man's land beside an estate (details supplied) in County Dublin which Fingal County Council has requested be handed over to it, following the liquidation of the developer; and if he will make a statement on the matter. [19161/14]

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Written answers

Fingal County Council has submitted an application for a Deed of Waiver in its favour for lands contained within Folio 45020F Co. Dublin (The Strand Estate, Donabate). The most recent communication was received on the 1st April 2014 and the matter is being considered by the OPW with the advice of the Chief State Solicitor’s Office. A response will issue in due course.

Climate Change Policy

Questions (221)

Luke 'Ming' Flanagan

Question:

221. Deputy Luke 'Ming' Flanagan asked the Minister for Public Expenditure and Reform in regard to his recent statement that climate change deniers need to be swept aside, if he is aware that everyone accepts that the climate has been, is and always will be changing, though there are many, including eminent climatologists and scientists, who question whether that change is anthropological, or man-made; the way in which he will sweep these people aside; and if he will make a statement on the matter. [19223/14]

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Written answers

The Deputy refers to comments I made as part of my address to the OPW Flood Risk Management Conference on 10th April 2014.  My remarks reflect national and international agreement that climate change is a fact that must be addressed. I would refer the Deputy to the most recent IPCC report on the matter.

Architectural Heritage

Questions (222, 235)

Aengus Ó Snodaigh

Question:

222. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that one of the projects he is funding under the auspices of the decade of commemorations programme has stalled, namely, the restoration of Kilmainham Courthouse; and his views on whether the indicative timeframe for the completion of the project so that the building can form part of the Kilmainham Gaol experience for the centenary commemorations and celebrations in 1916 can be met. [19244/14]

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Aengus Ó Snodaigh

Question:

235. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure and Reform the reason works on the restoration of Kilmainham Courthouse has stalled; the timeframe for the works; and if the building will form part of the Kilmainham Gaol experience before the centenary commemorations and celebrations in 1916. [19243/14]

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Written answers

I propose to take Questions Nos. 222 and 235 together.

In line with the approach to heritage buildings under Government Contract procedures for works to Protected Structures, a number of investigative contracts have already been executed at the former Kilmainham Courthouse which have addressed fabric issues including works of structural consolidation internally and extensive external maintenance work to the building. These works, and the information gained through investigation, were necessary in order to inform the statutory permission application process for the works to adapt the building for visitor uses associated with nearby Kilmainham Gaol. A formal Planning Application for this element will be made shortly.

Completion of the project and provision of new facilities will be provided by a separate main contract proposed to commence later this year. This is scheduled to be completed and new visitor facilities provided before the 2016 anniversary of the Easter Rising.

Flood Relief Schemes Funding

Questions (223)

Billy Timmins

Question:

223. Deputy Billy Timmins asked the Minister for Public Expenditure and Reform the position regarding funding for the Arklow flood defence scheme; and if he will make a statement on the matter. [19474/14]

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Written answers

The draft Final Feasibility Report for the proposed Arklow flood defence scheme was submitted to the Office of Public Works (OPW) by Arklow Town Council (ATC) late last year. The report has been assessed by the OPW and comments in relation to some technical aspects of the proposals have been forwarded to ATC for consideration. When the report is finalised and, provided the preferred scheme is economically and environmentally viable, the OPW and ATC, in conjunction with Wicklow County Council, will decide on the most effective means of progressing the project.

I wish to re-iterate my commitment to ensuring that an effective flood relief scheme will be progressed in Arklow. In this regard, the OPW has made provision for the construction of a flood relief scheme for the town in its multi-annual capital expenditure profiles for flood risk management.

Construction Contracts

Questions (224)

Michael Healy-Rae

Question:

224. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if he will expedite the process of finalising panels of adjudicators to get the adjudication process under way for contractors who are owed money (details supplied). [19718/14]

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Written answers

The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, Minister of State Brian Hayes worked closely with Senator Feargal Quinn to develop the Senator's private member's Construction Contracts Bill into a robust piece of legislation. The Bill passed all stages of the Houses of the Oireachtas in July 2013 and was signed into law on the 29 July 2013.

Two further steps are necessary for the operation of the legislation prior to its commencement.  The first, a comprehensive code of practice for the conduct of adjudication, has been the subject of consultation with key stakeholders. The final draft of the code of practice was circulated to stakeholders in March. The second element requires the establishment of a panel of adjudicators and a chair of that panel to be appointed.  The chair of the panel will appoint an adjudicator where parties to a payment dispute (that has been referred to adjudication under the Act) fail to agree on an adjudicator between them. Officials in my Department are working on the details of the structure for the panel, its set up and operation and this will shortly be circulated to stakeholders for consultation.  Once this process is concluded, the panel will be advertised and once the appointment process to the panel is concluded the Act will be commenced.

The frustration that many contractors experience when faced with non-payment is understood and was the reason the legislation was included in the Programme for Government.  The mechanisms required for the successful delivery of the legislation are complex and, although similar legislation operates in other jurisdictions, aspects of the Act such as the panel of adjudicators must be carefully considered to ensure the Act will operate as intended.

Public Sector Pensions Data

Questions (225)

Eoghan Murphy

Question:

225. Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform the number of persons in receipt of two or more pensions from the State and the cumulative value per annum paid to these persons. [18622/14]

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Written answers

I assume that the Deputy's question relates to public service pensions only, and that it does not comprehend the various social insurance-linked and other pensions paid by the Department of Social Protection.

Public service pensions are not centrally administered. Instead the large number of separate public service pension schemes are operated by individual employers or sectoral authorities. In the context of this non-centralised administrative model, detailed information of the kind sought by the Deputy is not available to my Department. However, certain relevant information is available from the results of an exercise carried out in 2012 and 2013 by my Department in connection with the aggregation of pensions for purposes of the Public Service Pension Reduction (PSPR).

As the Deputy will be aware, the PSPR imposition on certain public service pensions was introduced on 1 January 2011 as provided for in the Financial Emergency Measures in the Public Interest Act 2010. Section 69 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 subsequently amended the 2010 Act by providing that public service pensioners who have two or more qualifying public service pensions should have those pensions subjected to PSPR on a combined or aggregated basis, not separately as was originally the case. Section 5(5) of the Financial Emergency Measures in the Public Interest Act 2013 modified this requirement to aggregate pensions for PSPR purposes so that it only applies to persons whose multiple public service pensions, before application of PSPR, have a combined value of over €32,500.

In order to facilitate the implementation of PSPR aggregation, my Department conducted an exercise to ascertain those pensions in payment that would be subject to PSPR aggregation. Based on this exercise, the number of public service pensioners who receive more than one public service pension, and in respect of whom the combined value of those pensions, on a pre-PSPR basis, exceeds €32,500, is estimated at about 1,300, and the cumulative annual pay-out value of those pensions is estimated at about €70 million. I should point out that a significant proportion of multi-pension cases in the public service are represented by persons who, in addition to their own retirement pension, receive a survivor's pension in respect of a deceased public service spouse.

Garda Station Closures

Questions (226)

Robert Troy

Question:

226. Deputy Robert Troy asked the Minister for Public Expenditure and Reform if he will provide an update on the current position of Ardagh Garda station, County Longford. [18632/14]

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Written answers

While we are open to consider a proposal for community involvement, the former Garda Station at Ardagh has been identified for disposal on the open market and a decision on the property remains under consideration by the Commissioners of Public Works.

Flood Relief Schemes Funding

Questions (227)

Joe Carey

Question:

227. Deputy Joe Carey asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 193 of 11 March 2014, the position in relation to a project (details supplied) in County Clare; and if he will make a statement on the matter. [18915/14]

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Written answers

As I indicated in the reply to the Question the Deputy refers to, the Government decided on 11th February, 2014 to allocate €69.5 million for repair and remediation works to public infrastructure damaged in the storms from 13th December 2013 to 6th January 2014, of which up to €19.6 million was allocated for repairs to damaged coastal protection and flood defence infrastructure. The allocation of funding under the Government Decision was to specifically address the repair of existing damaged infrastructure.

The proposal submitted by Clare County Council in relation to Clohaninchy was for the construction of a new coastal protection rock armour or similar structure and it therefore falls outside the scope of the Government Decision of 11th February. A new coastal protection scheme for Clohaninchy would involve very significant investment and require detailed prior study and assessment to determine that it will achieve the intended design objective and be economically and environmentally viable. Clare County Council will need to address this separately and outside of the current process aimed at repair.

Flood Relief Schemes Funding

Questions (228)

Joe Carey

Question:

228. Deputy Joe Carey asked the Minister for Public Expenditure and Reform the position in relation to a flood alleviation project (details supplied) in County Clare; the date on which it is expected that work will commence; and if he will make a statement on the matter. [18917/14]

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Written answers

Clare County Council is undertaking the Ennis South flood alleviation project covering the St. Flannan's College and Ballybeg areas in Ennis with funding being provided by the Office of Public Works (OPW). As indicated in reply to the Deputy's Question on 4th February, 2014, the OPW raised certain issues in relation to aspects of the initial cost benefit analysis report for the scheme prepared by the Council. An amended cost/benefit report has recently been submitted to the OPW by the Council and it is currently being reviewed.

If the OPW is satisfied that the amended report demonstrates the economic viability of the scheme, Clare County Council has indicated it would be in a position to commence the procurement process for the works contractor within a short time-frame. The OPW has made provision for the scheme in its multi-annual budget profiles.

Flood Relief Schemes Applications

Questions (229)

Joe Carey

Question:

229. Deputy Joe Carey asked the Minister for Public Expenditure and Reform the position in relation to a flood alleviation project (details supplied) in County Clare; and if he will make a statement on the matter. [18918/14]

View answer

Written answers

An application by Clare County Council for funding under the Office of Public Works (OPW) Minor Flood Mitigation Works and Coastal Protection Scheme for works to alleviate flooding at Dooras, O'Callaghan's Mills is currently being assessed. The OPW will notify the Council of its decision shortly.

Severe Weather Events Response

Questions (230)

Noel Harrington

Question:

230. Deputy Noel Harrington asked the Minister for Public Expenditure and Reform if he has received a report from his officials on the damage to Reendonegan Lake, County Cork following the storms earlier in the year and the steps the Office of Public Works will take to restore the lake; and if he will make a statement on the matter. [19064/14]

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Written answers

The Office of Public Works (OPW) has no statutory responsibility for the maintenance of Reendonegan Lake, Bantry, Co. Cork and I have not received a report from OPW officials on storm damage at this location.

The Government Decision of 11th February 2014 allocated total funding of up to €69.5m for repair of public infrastructure and facilities damaged by the severe weather events in the period 13th December 2013 to 6th January 2014 based on estimates of costs provided by Local Authorities to the Department of the Environment, Community and Local Government (DoECLG). The allocation included up to €19.6m for repairs of existing coastal protection and flood defences, to be channelled through the Office of Public Works (OPW). Of the total of €19.6m, €1,057,000 is available to Cork County Council for repair of built coastal protection and flood defences.

The Department of the Environment, Community and Local Government wrote to Cork County Council notifying it of its allocations in respect of each category of infrastructure covered by the Decision and requesting that the Council submit a programme of works within these allocations. The Council recently submitted a programme of repairs of coastal protection and flood defence infrastructure and the OPW has written to the Council in this regard. The Council's programme did not include works to repair damage at Reendonegan Lake.

The Minister for the Environment, Community and Local Government will shortly be reporting to Government in relation to repair costs arising from severe weather events in the period 27th January to 17th February, 2014 which will contain estimates from local authorities of the cost of repairing infrastructure damaged in that period. It is a matter for Cork County Council in the first instance to consider if the damage to Reendonegan Lake is appropriate for inclusion in its programme of works.

Garda Station Closures

Questions (231)

Noel Harrington

Question:

231. Deputy Noel Harrington asked the Minister for Public Expenditure and Reform if he has received expressions of interest from any State bodies to use a former Garda station (details supplied); if he will confirm that he has received a submission from a community group interested in acquiring the premises; if he will give an indicative timescale for a decision to be made on the future use of the former Garda station; and if he will make a statement on the matter. [19206/14]

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Written answers

The stated policy in relation to the closed garda stations, including Goleen, is to identify if other State Bodies, including government departments and the wider public sector have a use for the property. If no other State use is identified, the Office of Public Works (OPW) will then consider disposing of the property on the open market, if and when conditions prevail, in order to generate much needed revenue for the Exchequer. If a decision is taken not to dispose of a particular property the OPW would consider community involvement subject to the receipt of an appropriate business case.

The Commissioners of Public Works are currently assessing the options for this property and I can confirm that the OPW have received a submission from a local community group interested in licensing the property.

Flood Prevention Measures

Questions (232, 233)

Kevin Humphreys

Question:

232. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform if the Office of Public Works will be responsible for flood management along the culverted Swan river in Dublin following the transfer of the Rathmines-Pembroke drainage scheme to Irish Water; and if he will make a statement on the matter. [19216/14]

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Kevin Humphreys

Question:

233. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform the work the Office of Public Works will carry out to ensure the culverted Swan river in Dublin does not flood residential and commercial property along its course; and if he will make a statement on the matter. [19217/14]

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Written answers

I propose to take Questions Nos. 232 and 233 together.

The Swan River has been culverted by Dublin City Council as part of its urban drainage responsibilities for the area, in effect incorporating the river wholly, or practically wholly, into the urban drainage system which was designed, constructed and is maintained by the local authority. Any transfer of responsibilities between the Council and Irish Water in relation to its maintenance and management is a matter for those bodies.

Freedom of Information Legislation

Questions (234, 246)

Eric J. Byrne

Question:

234. Deputy Eric Byrne asked the Minister for Public Expenditure and Reform if he will clarify a situation regarding freedom of information and a proposal from a person (details supplied); and if he will make a statement on the matter. [19234/14]

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Dominic Hannigan

Question:

246. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform his plans to reinstate section 16 of the Freedom of Information Act 1997; if not, his reasons for same; if he has received advice that sections 15 and 16 of the FOI Act 1997 should be changed; and if he will make a statement on the matter. [19691/14]

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Written answers

I propose to take Questions Nos. 234 and 246 together.

The reform of Freedom of Information legislation is central to the Government's goal of enhancing public governance through a significant strengthening of openness, transparency and accountability of government and public administration.  In that regard, the Deputies may wish to note the speech I delivered at a Public Affairs Ireland Conference last month on this objective which is available at www.per.gov.ie/speeches.  

I have taken the decision to replace Sections 15 and 16 of the Freedom of Information Act 1997 with Section 8 of the new Freedom of Information Bill, which provides that each public body will publish a publication scheme instead of the Section 15 and 16 manuals.  Given technological and ICT developments in the 16 years since FOI was first introduced and the migration of such information to websites, these manuals are not considered an effective way of promoting the proactive publication of information into the public domain.  Publication schemes are regarded as good practice in FOI in other jurisdictions as a means of disseminating information relating to functions and activities of public bodies.  

There has been a misconception in some quarters that public bodies will decide themselves on what should be included in their publication schemes.  This is incorrect.  Under the new Bill when enacted, FOI bodies will be required to prepare and publish a publication scheme in accordance with either a model publication scheme or in accordance with guidelines to be made or revised by me as Minister.  Furthermore, as can be seen from Section 8(7) of the Bill (as approved by the relevant Dáil Committee), the model schemes and guidelines can only be made following consultation with the Information Commissioner and such other Minister as may be appropriate.  I would also point out that Section 8 of the Bill provides that the information published under the publication scheme will be reviewed at least on an annual basis and that, in the case of a person unable to access a website and who requests details of the nature of records held by a public body, details will be provided in written form.  

The introduction of publication schemes is intended to facilitate much more proactive publication of information by public bodies.  Greater publication of official data and information is also consistent with the Government's commitment to participate in the multilateral Open Government Partnership.  In addition, as the Deputies will be aware, a review of FOI was carried out last year which resulted in the drawing up of a draft Code of Practice on the implementation of the FOI Act.  While the model publication schemes or guidelines to be made by me are being developed, the draft Code will include general guidelines for public bodies on the appropriate content for publication schemes including provision for the publication of extensive information on:

- the nature, role, responsibilities and activities of public bodies including the structure;

- strategy and policy for delivering functions and services;

- classes of records held (e.g. publications, legislation, consultation procedures and processes, Ministerial speeches and press releases);

- circulars, guidance, procedures and rules used by the body for the purposes of decisions, determinations or recommendations under or for the purposes of any enactment or scheme implemented by the body (e.g. involving grants) concerning the rights, obligations, penalties etc to which members of the public are or may be entitled or subject;

- details of services provided by the body including how such services may be accessed;

- details of expenditures over an agreed threshold;

- information about the procurement of goods and services;

- information that is sought on a regular basis that would not be exempt under FOI;

- any rights of review or appeal in respect of decisions made by the body;

- contact points and locations.

The Deputy may, therefore, wish to note that a public body's publication scheme will effectively encompass the relevant information which previously would have been subject to section 16 of the FOI Act.  There will, therefore, be no diminution in the volume and quality of information provided into the public domain, rather as set out above, the approach is expected to lead to a substantial increase in the public availability of official information.  I will be submitting the draft Code of Practice which will set out the details of the proposed publication scheme model to Government for approval to initiate a public consultation on the Code of Practice in due course.

Question No. 235 answered with Question No. 222.

Public Sector Staff Remuneration

Questions (236)

Michael McGrath

Question:

236. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he will address an issue raised in correspondence by a person (details supplied) concerning an issue of salary scales. [19297/14]

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Written answers

The process of setting of pay rates for individual grades across very different sectors of the Public Service is a complex exercise based on a variety of factors including qualifications, experience, skills, expertise, responsibility and work environment of the grades concerned.  In addition, the effect of collective bargaining in certain sectors, the outcome of pay review exercises undertaken by independent bodies from time to time and, not least, the pay rate reductions done as part of the fiscal consolidation over the period 2009 to 2013 have added to the complexity of rates of pay in the public service, particularly for new entrants. Pay rates sanctioned by my Department across the public service are set, having regard to the contexts set out above, at a level of pay that is considered necessary to attract the necessary skills to particular roles, having regard to the rates of pay available by other employers, while being affordable to the Exchequer, and no distinction is made between persons from a public or private sector background.

Flood Prevention Measures

Questions (237)

Michael Healy-Rae

Question:

237. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if his Department will repair a sluice gate (details supplied) in County Kerry; and when the work will be carried out. [19305/14]

View answer

Written answers

The sluice gate mentioned by the Deputy was not installed by the Office of Public Works (OPW), does not form part of an OPW arterial drainage scheme and the OPW is not responsible for its maintenance.

It remains open to Kerry County Council to apply for funding under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme for proposed measures that meet the eligibility criteria of the Scheme. Any application received would be assessed under these criteria, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding. Application forms are available on the OPW's website www.opw.ie under Flood Risk Management. It is also open to the Local Authority to carry out works using its own resources.

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