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Wednesday, 7 May 2014

Written Answers Nos. 137 - 141

Local Government Reform

Questions (137)

Billy Kelleher

Question:

137. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government with regard to the reorganisation of the Avondhu Blackwater Partnership Ltd. and Leader groups throughout the country, the measures he has introduced to ensure that rural communities will not lose community workers; the safeguards that have been put in place in order that the community spirit and co-operation that has been built up by Leader groups over the years will not be lost; and if he will make a statement on the matter. [20378/14]

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Written answers

The changes that I am bringing forward under the reform of local government and arising from the Local Government Reform Act 2014, will see the establishment of Local Community Development Committees in each local authority area. In line with the plans to enhance the role of local government in local and community development, these committees will oversee community and local development programmes funded by my Department. These programmes will continue to be delivered locally and I envisage a continued role for Local Development Companies in the delivery of the LEADER elements of the Rural Development Programme (RDP). Therefore, the skills and experience that have been built up will continue to be available and utilised locally.

Furthermore, Local Development Companies will be members of Local Community Development Committees, which will also involve stakeholders from local government, state agencies and the community and voluntary sector through the new public participation networks and will play a key role in the development of the community elements of the local economic and community plan.

Building Regulations Application

Questions (138, 147)

Michael Lowry

Question:

138. Deputy Michael Lowry asked the Minister for the Environment, Community and Local Government the impact of the 2014 building regulations on the design and construction of agricultural buildings; the qualifications needed by an individual to design/draw such an agricultural building; if a qualification (details supplied) is a qualifying qualification; and if he will make a statement on the matter. [20397/14]

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Michael McGrath

Question:

147. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if the Building Control (Amendment) Regulations 2014 are now fully operational; if there are any elements which have not yet commenced; and if he will make a statement on the matter. [20575/14]

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Written answers

I propose to take Questions Nos. 138 and 147 together.

The Building Control (Amendment) Regulations 2014 came into full effect on 1 March 2014. Registration as a Quantity Surveyor would not entitle a person to sign the statutory certificates of compliance prescribed under the regulations as the duties of a Quantity Surveyor do not typically extend to building design. In order to sign the statutory certificates a person must be included on either of the statutory registers of architects or building surveyors, as maintained by the Royal Institute of Architects in Ireland (RIAI) and the Society of Chartered Surveyors Ireland (SCSI), respectively, in line with the Building Control Act 2007, or the register of chartered engineers as maintained by Engineers Ireland (EI) under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969. Architects, Building Surveyors and Engineers are the construction professions typically involved in the design of buildings.

Building regulations, subject to certain conditions, do not normally apply to farm buildings comprising a single storey building which is used exclusively for the storage of materials or products, for the accommodation of plant or machinery or in connection with the housing, care or management of livestock. The design and construction of such buildings is not affected by the Building Control (Amendment) Regulations 2014.

Public Procurement Contracts

Questions (139, 140, 141)

Clare Daly

Question:

139. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government in view of the library tender for supply of books furnished by Dún Laoghaire and Fingal and South Dublin County Councils which resulted in a UK wholesalers gaining the contract over Irish operators, his views on whether the current procurement policy of prioritising price and centralised buying is favouring UK wholesalers and discriminating against other suppliers and is in essence predatory pricing. [20405/14]

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John Lyons

Question:

140. Deputy John Lyons asked the Minister for the Environment, Community and Local Government if guidelines, circulars or directives will be issued to local authorities to ensure Irish companies are always considered before any local authority procurement contracts are awarded; and if greater consideration will be given to the benefits to local communities in terms of job creation arising from such considerations. [20441/14]

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John Lyons

Question:

141. Deputy John Lyons asked the Minister for the Environment, Community and Local Government if local authorities will be issued with new guidelines in awarding procurement contracts for library schemes whereby Irish companies are actively encouraged to submit bids for contracts and are given every consideration before contracts are awarded. [20442/14]

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Written answers

I propose to take Questions Nos. 139 to 141, inclusive, together.

The provision of public library services is a matter for each local authority in its capacity as a library authority, under Section 78 of the Local Government Act 2001.  This includes the procurement of books and other services and my Department does not have a direct role in these matters.  Local authorities must adhere to national and EU requirements when undertaking procurement processes.  These requirements do not exclude Irish companies from tendering for such contracts.

In the future, the issue of shared procurement will be addressed in the context of the Strategy for Public Libraries 2013-2017 entitled Opportunities for All. Under this strategy a policy for shared acquisitions for libraries will be developed, including a national acquisitions consortium for public library print and electronic resources that maximises the cost-effectiveness of expenditure, increases purchasing power and gets the best choice of material to the user in line with government policy. The Programme for Government identified the role public procurement can play as an instrument to support innovation and allow greater access for SMEs, including micro-Enterprises, to the public sector market. As part of the Public Service Reform Plan, the Government established the Office of Government Procurement (OGP) to drive a new consolidated and integrated approach to public procurement. The OGP is committed to ensuring that SMEs are fully engaged with public sector procurement and the opportunities presenting.

In the context of the reform of the Public Service and the establishment of the Office of Government Procurement, it has been decided to update and strengthen measures aimed at facilitating SME participation in Public Procurement in order to reinforce their application across the public sector. In April 2014, the Department of Public Expenditure and Reform issued Circular 10/14: Initiatives to assist SMEs in Public Procurement which has been brought to the notice of the local authority sector and will be implemented by all local authorities.

The guidance in this circular is designed to further enable SMEs in competing for public contracts. This is in line with EU policy on increased SME participation in public procurement. At all times this guidance is to be implemented by buyers in accordance with the principles of EU law, and in a manner that is fully compliant with EU public procurement law and national guidelines. All public sector procurement contracts within the EU, irrespective of value, are covered by the principles set out in the Treaty on the Functioning of the European Union (TFEU) of non-discrimination, equal treatment, proportionality and transparency.

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