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Wednesday, 5 Nov 2014

Written Answers Nos. 80-85

Superannuation Schemes

Questions (80)

Ciaran Lynch

Question:

80. Deputy Ciarán Lynch asked the Minister for Public Expenditure and Reform the procedures in place to suspend contested deductions from salary under the spouse's and children's superannuation scheme while the matter is under investigation by the Pensions Ombudsman; and if he will make a statement on the matter. [42413/14]

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Written answers

Under the relevant Spouses' and Children's Superannuation Schemes contributions are, in compliance with scheme rules, properly deducted from on-going pay in what are termed "periodic contributions" at a rate of 1.5% of salary.

In circumstances where an individual contests an issue concerning the deduction of periodic contributions, such periodic contributions will continue to be deducted unless and until it is determined that the deduction of same was in error. In such circumstances all contributions made over the relevant period would be refunded.

Departmental Expenditure

Questions (81)

Maureen O'Sullivan

Question:

81. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 28 of 15 October 2014, if he will expand on the reply to include the names of beneficial owners of the companies that were listed in receipt of Government rents. [42440/14]

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Written answers

When the Commissioners of Public Works are taking a lease of property, the parties granting that lease must demonstrate to the Commissioners and their legal advisers, the Chief State Solicitor's Office, that they are legally entitled to do so. There are standard criteria, including the provision of tax clearance certificates, that must be met before a lease can be completed and this procedure is normal practice in all property transactions.

The list of companies already provided by the Commissioners in the parliamentary question answered on 15th October 2014, sets out the entities that are identified as Landlords on leases currently held by the Commissioners.

Appointments to State Boards

Questions (82)

Billy Timmins

Question:

82. Deputy Billy Timmins asked the Minister for Public Expenditure and Reform if there is a list of applicants for positions on boards of State bodies in his Department; and if he will make a statement on the matter. [42466/14]

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Written answers

In response to the Deputy's question I can confirm that, currently, I have a list of sixty-two applicants that have expressed an interest in vacancies on State Boards under my remit which have been reviewed in past appointments to ensure that the most qualified/suitable persons were considered.

As the Deputy will be aware, the Government recently announced a revised model for Ministerial appointments. In future, all appointments to State Boards must be advertised openly on the State Boards portal at www.stateboards.ie, which is operated by the Public Appointments Service. These applicants will be advised of this new procedure.

The new model will mean that all appointments must meet the specific and detailed criteria determined by the relevant Minister as necessary for a member of the particular Board.

All appointments will be subject to the new arrangements, other than those where vacancies must be filled through a particular process or where a Minister is reappointing a Board member and where that member has already demonstrated their capacity to perform effectively.  A transparent assessment system will be designed and implemented on an independent basis by the Public Appointments Service to process the applications.

The new arrangements also provide that the stateboards.ie website, as well as being the sole portal for the receipt of applications for all State Boards, will also contain definitive and current information on all statutory boards. This information will be published on the stateboards.ie website in the near future.

Appointments will continue to be the exclusive responsibility of the relevant Minister in line with the statutory requirements relating to the appointment of specific persons to State Boards on an ex-officio basis, or on the basis of nominations received from other Ministers or particular stakeholders.

The revised approach strengthens requirements on Ministers to develop comprehensive criteria for the filling of vacancies on State Boards in consultation with key stakeholders as determined by the relevant Minister, such as the current Chair of the State Board concerned and the Public Appointments Service.

I will be expected to provide the Public Appointments Service with the key requirements that a candidate must meet, including:

- Specialist skills and technical knowledge;

- Relevant experience and sectoral expertise;

- Educational and other qualifications; and

- Particular personal attributes.

On foot on the Government Decision, my officials are currently preparing overarching guidelines on appointments for approval by Government, including issues related to gender and diversity. As part of this process all Departments have been contacted seeking comprehensive details on all State Boards under their aegis.

A review of these new arrangements will be carried out and completed within eighteen months.

Construction Contracts

Questions (83, 84, 85)

Seán Fleming

Question:

83. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the position regarding the Construction Contracts Act; when the legislation will take effect; and if he will make a statement on the matter. [42354/14]

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Seán Fleming

Question:

84. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the reason the Construction Contracts Act has not taken effect more than 430 days after it was signed into law by the President and more than 1,600 days after the legislation was first introduced into the Oireachtas; and if he will make a statement on the matter. [42365/14]

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Seán Fleming

Question:

85. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the date on which the Construction Contracts Act will take effect; if his attention has been drawn to the damage the delays are causing to construction contractors; and if he will make a statement on the matter. [42386/14]

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Written answers

I propose to take Questions Nos. 83 to 85, inclusive, together.

The Government approved the transfer of responsibility for implementation of the Construction Contracts Act 2013 to Minister for Business and Employment, Ged Nash , TD, from 20th October 2014.

The commencement of the Construction Contracts Act 2013 is dependent on a number of factors contained within the Act itself. These include the appointment by the Minister of the Panel of Adjudicators, who must be highly qualified and suitable in order to ensure quality outcomes in disputes referred under the Act, the appointment of a Chairperson for that panel, and the drafting and publication of a code of practice for the conduct of adjudications, which will be binding on all adjudicators operating under the Act, not just those appointed to cases by the Chair of the Adjudication panel. Work on these items, and the required consultation with industry, has been and is ongoing.

It is hoped that the Act will be implemented in full by Spring 2015. A specific date of implementation will be announced in advance once it has been finalised, to provide sufficient notice to those affected by the Act's provisions.

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