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Tuesday, 6 May 2014

Written Answers Nos. 199-209

Residential Institutions

Questions (199)

Charlie McConalogue

Question:

199. Deputy Charlie McConalogue asked the Minister for Education and Skills when part two of the application process to the residential institutions statutory fund together with the relevant guidelines will be made available; and if he will make a statement on the matter. [20370/14]

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Written answers

The residential institutions statutory fund, which uses the service name Caranua, published its guidelines in January 2014. I understand from Caranua that while these guidelines are still in use, they are due to be replaced by a "plain English" version in May. Applicants who have been verified as eligible to apply move to the application for services stage. I understand that applications are being processed and payments made. At end March, 26 applications for approved services have been approved for medical and dental services, orthopaedic equipment, home repairs and education grants.

Residential Institutions Statutory Fund Establishment

Questions (200)

Charlie McConalogue

Question:

200. Deputy Charlie McConalogue asked the Minister for Education and Skills the total amount of money spent to date on consultants and advertising consultants as part of the residential institutions statutory fund; if this money will be taken from the total amount of funds which are being made available for the survivors; and if he will make a statement on the matter. [20371/14]

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Written answers

In accordance with section 30 of the Residential Institutions Statutory Fund Act 2012 all expenses and other costs incurred by Caranua, which is the service name of the Residential Institutions Statutory Fund, are met from the investment account established by the NTMA and funded from contributions received from religious congregations.

Caranua has advised that its overall provisional spend on consultancies was €160,000 from April 2013 to April 2014, with consultancies in this context referring to work carried out by individuals and companies on behalf of Caranua. Included in these costs are expenditure of €53,698.65 on the design, printing and distribution of 10,000 posters and 100,000 leaflets (including application form Part 1) which were distributed in Ireland, the United Kingdom and other parts of the world to GP surgeries, health services, churches, Irish welfare services, Irish embassies, family resource centres, homeless services, addiction and mental health services, services for older people, survivor services and other relevant services. In addition, a communications company received €15,375.00, including VAT to develop and implement a communications strategy to promote the launch of the application process and develop content of Caranua's website which is a key communications tool. I am advised that no funds have been spent on advertising.

Garda Station Closures

Questions (201)

John McGuinness

Question:

201. Deputy John McGuinness asked the Minister for Public Expenditure and Reform the future plans for the Garda station at Ballyragget, County Kilkenny; if the local community has been consulted on the plans; and if he will make a statement on the matter. [19975/14]

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Written answers

The Office of Public Works (OPW) is currently assessing the property options arising in respect of all closed Garda Stations including the former Garda Station in Ballyragget, Co. Kilkenny. The stated policy is to identify if other State Bodies, including government departments and the wider public sector has a use for the property. If there is no other State use for a property the 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.

The former Garda Station at Ballyragget is being actively considered for disposal on the open market. Should it transpire that the property does not sell then the OPW would be happy to consider a proposal from the local community group. An expression of interest was received from the local Scout Group and a response issued in line with the stated policy.

Public Private Partnerships Data

Questions (202)

Seán Fleming

Question:

202. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the public private partnerships that have commenced under the 2012 stimulus plan; and if he will make a statement on the matter. [20025/14]

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Written answers

On the 17th of July 2012, the Government announced its plans for a stimulus investment in public infrastructure projects in Ireland. This included about €1.5 billion to fund the proposed new Public Private Partnerships (PPP) programme. Since then, two PPPs (Schools Bundle 3 and the N11/Newlands Cross roads PPP) which had been included in previous programmes reached financial close in November 2011 and April 2012 respectively and are in construction. The successful closure of both these projects, which had been delayed due to the global credit crunch, were key enablers in re-opening the Irish PPP market.

The first project in the new PPP programme has also been successfully closed. Last month, on 30 April, myself  and the Minister for Transport, Tourism and Sport signed a contract with a consortium to construct the M17/M18 Gort to Tuam PPP Scheme which will create up to 450 jobs, boost local economies in the west and ease congestion. This is the largest of the projects in the programme and work has commenced on the delivery phase of the project with completion targeted for end 2017.

The procurement process is underway on the remainder of the programme with the projects expected to reach financial close during 2014 and 2015. The targeted delivery dates for the projects range from Q2 2016 (the Schools Bundle 4 PPP) through to 2018 (roads PPPs).

Public Sector Staff Remuneration

Questions (203)

Seán Fleming

Question:

203. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will provide, in tabular form, the public sector posts, including in commercial State companies and Government advisers, for whom he has approved a breach of the pay cap; and if he will make a statement on the matter. [20026/14]

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Written answers

In June 2011, I introduced a €200,000 pay ceiling for future appointees to higher positions across the public service, and subject to certain exceptions a general pay ceiling of €250,000 for future appointees to Chief Executive Officers of Commercial State Companies now applies. No approvals have been issued for new appointments in excess of these pay ceilings where they apply.

Construction Contracts

Questions (204)

Gerry Adams

Question:

204. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if the panel of adjudicators has been nominated and the code of conduct for adjudicators established, as set out in the Construction Contracts Act enacted last July; if not, the action he will take to protect subcontractors in the absence of the adjudication process; and if he will make a statement on the matter. [20075/14]

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Written answers

As the Deputy notes, the Construction Contracts Bill passed all stages of the Houses of the Oireachtas in July 2013 and was signed into law on the 29 July 2013. The enactment of the legislation marked a significant step towards the Programme for Government commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies.

The frustration that many contractors experience when faced with non-payment is understood and is being acted upon by Government. However, drafting legislation that cuts across the conventions of contract law and, in particular, to intervene in private agreements between individuals is not undertaken lightly. 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.

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, applications for the panel will be advertised and when the appointment process to the panel is complete the Act will be commenced.

Flood Prevention Measures

Questions (205)

Colm Keaveney

Question:

205. Deputy Colm Keaveney asked the Minister for Public Expenditure and Reform when the installation of the sanctioned scheme, referenced Scheme F: OPW Investigation of the Flooding Problems in the Gort Ardrahan Area of South Galway, final report 1998, will commence; when the Office of Public Works will carry out a local inspection and identify the swallow holes that can be reinstated to improve the local drainage; and if he will make a statement on the matter. [20180/14]

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Written answers

The scheme referred to by the Deputy was an option for mitigation measures in the Mannin Cross area of South Galway that was considered in the 1998 Report. The report concluded that while the economic justification of this proposal was not strong, it did merit further investigation.

A Design Report on the Mannin Cross Scheme was commissioned by the Office of Public Works (OPW) and completed in 2000. The proposal identified the need for a flow control structure at Parkslevbaun Lough in Pollnagarragh East to confine flood waters to the immediate area, and a route was identified for a drainage channel to discharge the excess waters into the Aggard Stream which flows into the Dunkellin River. The report concluded that if the scheme were implemented, it would have a significant impact on the Aggard stream and on the Dunkellin River and was therefore, considered not to be feasible at that time.

A further review of the South Galway Flood Study was carried out on behalf of OPW in 2010. This concluded that in order to advance the substantive works involved in the Mannin Cross Scheme, an assessment of the addition capacity needed on the Aggard Stream and on Dunkellin River to accommodate the additional flows, must be made and that the scheme could not proceed in advance of the implementation of the proposed Dunkellin Flood Relief Scheme.

The Dunkellin scheme is being advanced by Galway County Council with funding from the OPW. It is understood that the Council intends to submit the scheme to An Bord Pleanála for consideration in early Summer. It is not possible to indicate when works can be commenced until the scheme has been progressed through the planning process.

With regard to swallow holes, it is OPW's view that works in the vicinity of swallow holes would be unlikely to improve local drainage in the Mannin Cross area.

Severe Weather Events Expenditure

Questions (206)

Tom Fleming

Question:

206. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if emergency funding will be made available to repair the embankment at Cromane Lower, Killorglin, County Kerry at a location (details supplied); and if he will make a statement on the matter. [20190/14]

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Written answers

The Government decided on 11 February, 2014 to make available funding of up to €69.5 million for a programme of repair and remediation works to roads, coastal protection and flood defence and other public infrastructure damaged in the storms from 13 December, 2013 to 6 January, 2014 based on estimates provided by the local authorities concerned. Of the total amount being made available, up to €19.6 million is available via the Office of Public Works (OPW) for the repair of damaged coastal protection and flood defence infrastructure. The allocation of funding to local authorities under the Government Decision was to specifically address the repair of existing damaged infrastructure as a matter of priority.

The Department of the Environment, Community and Local Government (DoECLG) wrote to Kerry County Council indicating, based on the estimate submitted by the Council to that Department, that up to €1,226,920 is being made available to the Council via the OPW to undertake the necessary repair works to damaged coastal protection and flood defence infrastructure. The estimates submitted by Kerry County Council to the DoECLG included both repair and strengthening works to an embankment at Cromane Lower. The strengthening element falls outside of the scope of the Government Decision and the Council will need to address this separately and outside of the current process aimed at repairs and emergency works.

The Council must submit overall programmes of works to the DoECLG detailing how it proposes to spend the total allocation that is being made available. The Council must also submit the relevant elements of its programme to each Department from whom funding will be made available for consideration of technical aspects of the proposed works. When the Council's programme of coastal protection and flood defence projects is received by the OPW it will be reviewed having regard to related guidance issued by the DoECLG to the local authorities.

The OPW has informed the local authorities that in order to assist them in a practical way and to avoid any potential cash-flow issues, it will consider requests for advance funding of up to 80% of the estimated cost of approved projects where a contract for works has been made.

Public Sector Staff Recruitment

Questions (207)

Luke 'Ming' Flanagan

Question:

207. Deputy Luke 'Ming' Flanagan asked the Minister for Public Expenditure and Reform his views on whether an anomaly has been created by the recent temporary clerical officer 2014 competition, in that it impacts on the already successful candidates from the existing established clerical officer panel created by Civil Service clerical officer competition number 07/089/10; this anomaly arises because of the Government moratorium on public sector appointments which has been compounded now by the insertion of a clause in this year’s term time clerical officer 2014 competition that may allow in certain circumstances some successful candidates to be invited for further assessment to fill a few clerical officer roles on a permanent basis later; furthermore since the old competition has not expired, there could now exist two pools of candidates to fill any of the appointments; and if he will make a statement on the matter. [20298/14]

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Written answers

As set out as follows, the matter referred to the Deputy does not give rise to any anomaly and there is no question of two pools of candidates for Clerical Officer positions in the Civil Service being in operation.    

Recruitment to the civil service and a range of other public bodies takes place under the Public Service Management (Recruitment and Appointments) Act 2004 which established a central recruitment agency, the Public Appointments Service (PAS), for this purpose. The PAS operates under licence from the Commission for Public Service Appointments and is independent in its operations.

As the Deputy notes, there has been a moratorium in place since 2009 which has severely curtailed recruitment into permanent positions, other than with critical replacements and key skills shortages. There are no Civil Service Clerical Officer competitions or panels currently active due to the lapse of time since they were run. The competition referenced by the Deputy was launched in 2007 and will not be revisited for offers of appointment at this stage.

The Temporary Clerical Officer (TCO) campaigns being run each year have facilitated the filling of short-term vacancies/absences without conflicting with Government policy of reducing overall civil service numbers. While a key aspect of this campaign has been the arrangements around Term Time absence, it has been more broadly focused in recent years to cover other time limited situations.

The  TCO 2014 competition contains an enabling provision in the Information Booklet whereby temporary staff who have performed effectively may be given an opportunity to compete for a limited number of permanent positions. This provision was inserted in recognition of positive feedback from Departments/Offices on the quality of appointees and also takes account of the effort and investment in bringing these staff to the required level of competence in their respective areas. This arrangement is not designed to circumvent or to preclude the holding of an open Clerical Officer competition should my Department require it in line with workforce planning returns.

National Lottery Licence Sale

Questions (208)

Seán Kyne

Question:

208. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform the projects that are benefiting from the proceeds of the sale of the national lottery licence; and if he will make a statement on the matter. [20321/14]

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Written answers

In February of this year, I granted the next licence to operate the National Lottery to Premier Lotteries Ireland delivering €405 million to the Irish citizen. As I announced in Budget 2014, half of the proceeds from the Lottery licence transaction will be used to help fund a number of job rich projects across the country including the Wild Atlantic Way, the 1916 Commemoration and the National Sports Campus. The full list of these projects can be viewed on my Department's website at www.per.gov.ie.  The other half of the proceeds, which will be received in a second instalment towards the end of the year, will be used to help fund the construction of the new National Children's Hospital - the largest, most complex and significant capital investment project ever undertaken in healthcare in Ireland.  Matters in relation to each of the individual projects are being dealt with by the relevant line Departments as part of their capital expenditure responsibilities.

Open Government Partnership

Questions (209)

Seán Kyne

Question:

209. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform the main issues that were discussed at the recent Paris conference entitled From Open Data to Open Government; if there are recommendations arising from the conference; the way the theme of the conference will contribute to the Government policy here for transparent, open Government; and if he will make a statement on the matter. [20324/14]

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Written answers

I attended the Paris Conference, from "Open Data to Open Government", hosted last month by Ms Marylise Lebranchu, Minister of Decentralisation, State Reform and Civil Service in France. I addressed the opening plenary session at this conference alongside Minister Lebranchu, Didier Migaud, President of France's 'Cour des comptes' and Francis Maude, Minister for the Cabinet Office in the United Kingdom.

The conference offered an excellent opportunity to discuss issues and ideas ranging from open democracy and open data, accessibility of data, the development of the open data ecosystem and the link between open data and innovation, with many practical and concrete examples being shared amongst participants and speakers from a wide range of countries.  The event was of significant relevance to my Department's work on the Open Government Partnership (OGP), which Ireland intends to achieve full membership of later this year. Indeed, open data is core to Ireland's draft OGP Action Plan and to open government objectives in Ireland overall. I believe that through open data and technology, we can empower citizens, bring them closer and allow them to participate more closely in decision-making. Accessible data can promote greater citizen participation, increase transparency and accountability and enable new and innovative business opportunities, services and products. I am strongly in favour of making information available and easily accessible online with a view to it being used by businesses and citizens alike.

At the conference, Minister Lebranchu announced that France will sign up to the OGP and I very much welcome this announcement. Participants came away from the conference with many concrete examples of open data being used on a day-to-day basis and with much food for thought. I believe that this sharing of ideas will contribute to a greater understanding of the benefits of open data in both contributing to, and increasing openness and transparency in Ireland, and I look forward to hearing more discussion and debate on the benefits of open data at the OGP Europe Regional Meeting that I am hosting in Dublin Castle on 8 and 9 May.

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