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Local and Community Development Programme Planning

Dáil Éireann Debate, Wednesday - 25 June 2014

Wednesday, 25 June 2014

Questions (108, 109, 110, 113, 114, 115, 117, 118, 119)

Pádraig MacLochlainn

Question:

108. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the directive he cites, 2004/18/EU, to justify the tendering of the social inclusion and community activation programme was repealed before the notice of the tender was issued; if the tendering of the programme still has a safe legal basis; if he will outline the nature of that legal basis; in view of this legal uncertainty if he will abandon the tendering process; and if he will make a statement on the matter. [27478/14]

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Pádraig MacLochlainn

Question:

109. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government in respect of the tendering of the social inclusion and community activation programme, if he has read European Directive 2014/24/EU; if his attention has been drawn to the fact that it is now the current law on public procurement in Ireland; if he has read preamble seven which sets down that the directive is without prejudice to the freedom of member national, regional and local authorities to provide, commission and finance services that pursue public policy objectives and which specifies that the directive does not apply to systems of grant aid in particular in the social field; if he has read preamble 114 which sets down that member states and public authorities remain free to organise social services in a way that does not entail the conclusion of public contracts; if he has contrasted these preambles with his earlier statements to Dáil Éireann that he was legally obliged to tender the programme; in view of current European law if he will abandon the tendering of the social inclusion and activation programme; and if he will make a statement on the matter. [27479/14]

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Pádraig MacLochlainn

Question:

110. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Ireland is the only country in the European Union which has put its national local community development programme or analogous programme out to public tender; the reason this is necessary in Ireland but not in any other member state; if he asked for or commissioned any advice, impact statement or study on the consequences of such a decision; if he will make any such papers available to the Houses of the Oireachtas; and if he will make a statement on the matter. [27480/14]

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Finian McGrath

Question:

113. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the directive he cites, 2004/18/EU, to justify the tendering of the social inclusion and community activation programme, was repealed before the notice of the tender was issued; if the tendering of the programme still has any safe legal basis; the nature of that legal basis; if he will in view of this legal uncertainty abandon the tendering process; and if he will make a statement on the matter. [27493/14]

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Finian McGrath

Question:

114. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government in respect of the tendering of the social inclusion and community activation programme, has he read European Directive 2014/24/EU; if his attention has been drawn to the fact that it is now the current law on public procurement in Ireland; if he has read preamble seven which sets down that the directive is without prejudice to the freedom of member national, regional and local authorities to provide, commission and finance services that pursue public policy objectives and which specifies that the directive does not apply to systems of grant aid in particular in the social field; if he has read preamble 114 which sets down that member states and public authorities remain free to organise social services in a way that does not entail the conclusion of public contracts; if he has contrasted these preambles with his earlier statements to Dáil Éireann that he was legally obliged to tender the programme; if he will in view of current European law abandon the tendering of the social inclusion and activation programme; and if he will make a statement on the matter. [27494/14]

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Finian McGrath

Question:

115. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Ireland is the only country in the European Union which has put its national local community development programme or analogous programme out to public tender; the reason this is necessary in Ireland but not in any other member state; if he asked for or commissioned any advice, impact statement or study on the consequences of such a decision; if he will make any such papers available to Dáil Éireann; and if he will make a statement on the matter. [27495/14]

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Clare Daly

Question:

117. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the directive he cites, 2004/18/EU, to justify the tendering of the social inclusion and community activation programme which was repealed before the notice of the tender was issued; if the tendering of the programme still has any safe legal basis; the nature of that legal basis; if he will in view of this legal uncertainty abandon the tendering process; and if he will make a statement on the matter. [27497/14]

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Clare Daly

Question:

118. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Ireland is the only country in the European Union which has put its national local community development programme or analogous programme out to public tender; the reason this is necessary in Ireland but not in any other member state; if he asked for or commissioned any advice, impact statement or study on the consequences of such a decision; if he will make any such papers available to Dáil Éireann; and if he will make a statement on the matter. [27498/14]

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Clare Daly

Question:

119. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government in respect of the tendering of the social inclusion and community activation programme, has he read European Directive 2014/24/EU; if his attention has been drawn to the fact that it is now the current law on public procurement in Ireland; if he has read preamble seven which sets down that the directive is without prejudice to the freedom of member national, regional and local authorities to provide, commission and finance services that pursue public policy objectives and which specifies that the directive does not apply to systems of grant aid in particular in the social field; if he has read preamble 114 which sets down that member states and public authorities remain free to organise social services in a way that does not entail the conclusion of public contracts; if he has contrasted these preambles with his earlier statements to Dáil Éireann that he was legally obliged to tender the programme; if he will in view of current European law abandon the tendering of the social inclusion and activation programme; and if he will make a statement on the matter. [27499/14]

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Written answers

I propose to take Questions Nos. 108 to 110, inclusive, 113 to 115, inclusive, and 117 to 119, inclusive, together.

The proposals outlined in Putting People First - Action Programme for Effective Local Government seek to position local government “as the primary vehicle of governance and public service at local level – leading economic, social and community development, delivering efficient and good value services, and representing citizens and local communities effectively and accountably”. As part of the programme of reform of local government, Local Community Development Committees (LCDCs) are being established in all local authority areas. These Committees, comprising public-private socio-economic interests, will have responsibility for local and community development programmes on an area basis, including the Social Inclusion and Community Activation Programme (SICAP). They will develop, co-ordinate and implement a more coherent and integrated approach to local and community development than heretofore, with the aim of reducing duplication and overlap and optimising the use of available resources for the benefit of citizens and communities.

My Department’s Local and Community Development Programme is the largest social inclusion intervention of its kind in the State. The current Programme officially ended at the end of 2013 having operated for four years with funding of €281m over that period. It is being implemented by the Local Development Companies (LDCs) on a transitional basis for 2014 with a budget of €47m pending the roll out of the new SICAP. In accordance with the Public Spending Code, best practice internationally, legal advice, and in order to ensure the optimum delivery of services to clients, the Programme is subject to a public procurement process, which is currently underway. My Department is obliged to adhere to the rules under Directive 2004/18/EC. Directive 2014/24/EU on public procurement comes into effect on 18th April 2016. I am satisfied that the process underway takes account of all recent developments in the law of procurement.

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