Wednesday, 14 Jan 2015

Written Answers Nos. 187-201

Departmental Staff

Questions (187)

Michael Fitzmaurice

Question:

187. Deputy Michael Fitzmaurice asked the Minister for Public Expenditure and Reform the reason workforce de-layering has not yet been achieved within his Department as it has in the Health Service Executive in line with section 3.11 (Workforce Restructuring) of the Haddington Road Agreement and section 4.2.1 - iii. (Develop options for workforce de-layering, Start Q1 2014, End Q4 2014) of the action plan, appendix 1 of the Public Service Reform Plan 2014-2016; if he will initiate workforce de-layering within his Department with immediate effect; and if he will make a statement on the matter. [49651/14]

Written answers

Minister for Public Expenditure and Reform

In my role as Minister for Public Expenditure and Reform, I have overarching responsibility for human resource management policy in the Civil Service. As part of that role my Department is currently considering options for advancing the objective of grade restructuring as one of a number of actions to strengthen Human Resource Strategy and resourcing policies. In this regard, Action 16 of the recent Civil Service Renewal Plan also provides for the redesign of organisational and grade structures in order to simplify them so that all roles and responsibilities are clear. It is also aimed at improving decision making by making sure that grade level never limits opportunities to make decisions, innovate or meet objectives. Implementation of this provision will take place during the term of the Renewal Plan and will be subject to discussions with Staff representatives. As mentioned above, commitments such as those referred to in the Deputy's question apply to the Civil Service as a whole and are implemented on a service-wide basis, rather than individually decided at the level of each individual Government Department and Office. It should be noted, however, that within the parameters of overall policy the management of the resources in a particular Department is a matter for the management of that Department. It has been a particular priority of the Management Board of my Department to ensure that the human resources of the Department are used in an effective and efficient way to support the achievement of Government objectives. The Deputy might be interested in reviewing the Annual Report of the Department for 2013, which summarises the significant achievements of its workforce. This is available on the Department's website.

State Properties

Questions (188)

Anne Ferris

Question:

188. Deputy Anne Ferris asked the Minister for Public Expenditure and Reform the plans that exist for the restoration by the Office of Public Works of the now derelict State-owned Kilmacurragh House, County Wicklow as an important heritage site and to enhance the tourism industry in County Wicklow; and if he will make a statement on the matter. [49683/14]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Office of Public Works is responsible for the management of Kilmacurragh House and Gardens which are in the ownership of the Minister of Arts Heritage and the Gaeltacht.

The entire property was acquired by the State for the purpose of preserving the arboretum, which was of significant heritage status, and on condition that the House would not be restored. The OPW is considering options to ensure that the building fabric of the House, which is a Protected Structure, is stabilised to arrest further deterioration.

The OPW is also currently enhancing the visitor facilities at Kilmacurragh by the provision of new tea rooms, before this Summer, and new directional signage will be in place once the nearby motorway works have been completed.

I expect to be in a position to make a further announcement on this shortly.

Road Improvement Schemes

Questions (189)

Seán Kyne

Question:

189. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if advance works have been or will be approved for raising roads at a location (details supplied) in County Galway as part of a scheme in the area. [1803/15]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Commissioners of Public Works have submitted the proposals for the scheme to the Department of Public Expenditure and Reform for statutory approval by the Minister for Public Expenditure and Reform in accordance with the requirements of the Arterial Drainage Acts.

Advance works including the construction of an additional flood eye at Claregalway Bridge and replacement of Crusheeny Bridge were carried out on foot of the recommendations of the engineering consultants for the scheme in order to reduce flood risk in the area. The OPW does not propose to carry out further works pending approval of the scheme by the Minister for Public Expenditure and Reform, apart from routine channel maintenance.

Flood Prevention Measures

Questions (190)

Tom Fleming

Question:

190. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will ensure that all gates erected by the Office of Public Works on the public right of way on the banks of the River Loune river at Callinafercy West on the river bank opposite Ballykissan Pier, County Kerry are left unlocked and accessible as per when they were recently erected; and if he will make a statement on the matter. [49507/14]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Office of Public Works (OPW) is currently undertaking extensive vegetation maintenance works on OPW flood defences on the lower reaches of the River Maine Catchment Drainage Scheme (CDS). This involves removing all excessive vegetation using mechanical mulchers attached to 360 degree excavators. The works are required to allow the execution of a full condition assessment and level survey of all flood defences under the remit of the OPW on the River Maine CDS.

As part of these maintenance works, rather than temporarily removing fencing to facilitate access of machinery and subsequently re-erecting the fencing, the OPW is also installing gates at each boundary fence encountered along the entire length of river bank, to facilitate a more efficient future maintenance regime. The OPW does not own any of the property along the river bank but is installing these gates with the agreement of the riparian land owners.

The land in question is private property and the OPW has no information on, knowledge of or involvement with rights of way that may exist. The OPW has no role to play with regard to how landowners manage boundaries between properties.

Freedom of Information Remit

Questions (191)

Mary Lou McDonald

Question:

191. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform in view of his stated commitment to transparency and accountability in the spending of public moneys, his views that it is acceptable for a public body fully funded by the Exchequer to withhold from the public record details of public service pension arrangements on retirement for senior managers; and if he will legislate to require all publicly funded bodies to make such information public in the interests of open Government. [49527/14]

Written answers

Minister for Public Expenditure and Reform

Under the Freedom of Information Act  2014, as was the case in the original Freedom of Information Act in 1997, an exemption from the provisions of Freedom Of Information (FOI) is provided for personal information.  The 2014 Act also expanded the definition of what does not constitute personal information in the context of FOI.  

Under the 2014 Act, the terms and conditions of any individual who holds or held any office or other position remunerated from public funds in a public body, rather than just those of a Director or member of staff as provided for under the 1997 Act, are not afforded the protections under the Act in relation to personal information. On that basis, the type of information to which the Deputy's question refers i.e. public service pension arrangements on retirement for senior managers which would be part of remuneration, would be available from a public body that was subject to FOI, other than where a specific exemption applies against the release of such information. 

The decision on the release of any information under FOI is the legal responsibility of the relevant decision-maker in the public body concerned. Their decisions are subject to appeal and independent review. 

Given the matter is already provided for by the Freedom of  Information Act 2014, I do not consider further legislative action is required.

Irish Language

Questions (192)

Tom Fleming

Question:

192. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will review the policy of including Irish language translation as part of awarding overall translation contracts of minority language translation here as with this practice the Irish language becomes a mere addendum and afterthought to contracts providing for the behemoth languages in the EU and an insignificant designation among a long list of other languages which command bigger populations and therefore greater attention as it will be disastrous for the future of Irish language translation and also result in substantial job losses; and if he will make a statement on the matter. [49587/14]

Written answers

Minister for Public Expenditure and Reform

The Office of Government Procurement (OGP) has responsibility for procurement of all language translation services required by public sector bodies within its remit, including Irish language services. As part of its preparations for the re-tendering of the current expiring whole-of-Government Framework Agreements for interpretation and translation services (which included Irish Language services along with other languages), the OGP published a "Request for Information" on www.etenders.gov.ie on 28 November 2014 in which, among other things, invited views with regard to how it should tender for these services in future, and  in particular whether there should be a separate tender process for Irish language services.  It also sought views as to how it might make the tender process conducive to Small and Medium Enterprises. 

The Office of Government Procurement will consider all responses received to this Request for Information which will inform the development of its procurement strategy for these services.  However, I am pleased to confirm at this point that, having regard to views received on the procurement of Irish language services, the Office of Government has decided not to include Irish in the list of languages covered in the upcoming procurement of language services.  Furthermore, a decision on the optimal way of procuring Irish language translation services will be made following consultation with the Department of Arts, Heritage and the Gaeltacht.

Public Procurement Contracts

Questions (193, 194)

Peadar Tóibín

Question:

193. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will set out the contractors' pay and conditions of employment clause attached to public works contracts; if these conditions are applicable to subcontractors employed by the main contractor with whom the Department or State agency is contracted by. [49621/14]

Peadar Tóibín

Question:

194. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will provide details of the enforcement procedures the Office of Government Procurement pursues when breaches of the pay and conditions of employment clause attached to public works contracts are reported; the mechanism the OGP employ to ensure that full compliance of these conditions are attached to such contracts. [49622/14]

Written answers

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 193 and 194 together.

Clause 5.3 of the public works contracts titled Pay and Conditions of Employment contains provisions which apply to all workers engaged on the site, regardless of whether they are employed by the contractor or their subcontractors.

This clause requires the main contractor to observe, in relation to the employment of all workers on the Site, the Safety Health and Welfare at Work Act 2005 and all applicable employment law.

The main contractor is obliged to display a copy of the Pay and Conditions of Employment clause from the contract in a prominent place on the site for the benefit of all those employed on the project.

At each interim payment stage (normally on a monthly basis) the main contractor must provide a certificate of compliance (titled Rates of Pay and Conditions of Employment Certificate ) stating that they have complied in full with the requirements of clause 5.3. Failure to provide this compliance certificate will result in payment not being made by the contracting authority. If a main contractor provides a certificate of compliance that is subsequently found to be untrue or partly untrue the contracting authority has the right to deduct the money relating to the work or part of the work covered by the certificate from any sums due to the main contractor. This money can be withheld until the pay and conditions of employment issue is made right. The ultimate sanction if a main contractor continues to be non-compliant is for the main contract to be terminated.

The public works contracts also oblige a contractor to maintain records of pay, timesheets and any deductions made on behalf of all those employed on the site.  It requires a contractor to ensure that all deductions from payments to workers required by law are paid on to the relevant authorities/bodies.  These records are subject to inspection by representatives of the contracting authority as required.

The management of the tendering process for a public contract and the administration of the contract once awarded is a matter for each contracting authority.

Whilst non-compliance with clause 5.3 carries the contractual remedy of non-payment or the deduction of sums that are legally due to employees or State authorities, contracting authorities should also report such matters to the relevant enforcement authorities.

Enforcement of employment law and health and safety are matters for my colleague the Minister for Jobs, Enterprise and Innovation.  The National Employment Rights Authority has the necessary powers to compel employers to provide the documentary evidence to establish whether they may have breached employment law and the Health and Safety Authority has similar powers to deal with breaches of health and safety legislation.

Public Sector Staff Data

Questions (195)

Peadar Tóibín

Question:

195. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will provide the current number of whole time equivalent workers employed in public sector. [49624/14]

Written answers

Minister for Public Expenditure and Reform

Information on the whole time equivalent numbers employed in the Public Service is reported on a quarterly basis.  The latest available data is for end Quarter 3, 2014, which showed a whole time equivalent number of was just over 288,500. Further details on the information the Deputy requests is available on my Department's Databank website at  http://databank.per.gov.ie/.  

Numbers in respect of Quarter 4, 2014 will be available on the Databank in February.

Artists' Remuneration

Questions (196)

Patrick O'Donovan

Question:

196. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the locations of properties that were leased to accommodate the decentralisation during 1997 and 2011; the agreed duration of each lease agreed; the annual amounts paid in respect of each one, the number of decentralised personnel assigned to each location on 31 December 2011 and 31 December 2014. [1006/15]

Written answers

Minister of State at the Department of Public Expenditure and Reform

Under the Government Decentralised Programme announced in 2003 the Office of Public Works entered into a number of leases to provide office accommodation to house both temporary advance parties and long term permanent office requirements. Many of the short term leases (5 years or under) have been surrendered on completion of permanent office facilities; others have been extended at a reduced rent. As the Decentralisation programme has been terminated, these properties now form part of the State's accommodation portfolio. The current status of the leases, including current annual rent, and the staff capacity provided is set out in the table below.

The number of personnel assigned to each location is a matter for individual occupying Departments.

Location	Annual Rent (ex VAT)	DEPARTMENT	Capacity Provided - No of Places	COMMENTS
Athy	€231,554.00	Revenue Commissioners	100	7 year lease expired, renewal underway.
Ballina	€442,828.00	Road Safety Authority	142	Long term lease 20 yrs
Carlow	€315,000.00	Enterprise Trade & Employment	100	Short term lease, extended.
Carrick on Shannon	€600,000.00	Dept of Social Protection	186	Long term lease 20 yrs
Cavan	€103,783.37	Communications Energy & Natural Resources	43	Short term lease, extended rent reduced.
Claremorris	€40,000.00	Office of Public Works	40	Short term lease, extended rent reduced.
Clonakilty 1	€157,480.00	Agriculture Food & Rural Development	100	SURRENDERED
Clonakilty 2	€118,910.00	Agriculture Food & Rural Development	45	SURRENDERED
Cork	€370,420.00	H.I.Q.A.	100	Long term lease 20 yrs
Dundalk	€51,440.00	Sustainable Energy Ireland	30	Short term lease.
Furbo	€24,382.00	Community Rural Gaeltacht Affairs	13	SURRENDERED
Killarney	€140,00.00	Arts Sport & Tourism	70	SURRENDERED
Kilrush	€85,050.00	Revenue Commissioners	65	Long term lease 20 yrs
Knock(Tubbercurry)	€75,000.00	Community Rural Gaeltacht Affairs	60	1 lease surrendered, 1 short term extended
Limerick ( Foreign Affairs)	€900,000.00	Dept of Foreign Affairs	130	Long term lease 20 yrs
Limerick ( Foreign. Aff)	€128,694.00	Dept of Foreign Affairs	55	SURRENDERED
Listowel	€244,923.70	Revenue Commissioners	65	Long term lease 20 yrs
Loughrea	€139,235.00	Transport, Road Safety Authority	50	Long term lease 20 yrs
Navan	€439,921.00	Justice Equality & Law Reform	150	Long term lease 20 yrs
Navan	€575,360.00	Revenue Commissioners, The Property Regulator	130	Long term lease 20 yrs
Newcastle West ( Limk)	€68,771.00	Revenue Commissioners	50	SURRENDERED
Portarlington	€73,500.00	Data Protection Commissioner	22	long term lease 20 yrs
Portlaoise	€776,046.50	Agriculture Food & Rural Development, NCCA	340	6 short term leases
Roscrea	€152,000.00	Equality Authority	22	Long term lease 20 yrs
Sligo	€27,926.00	Social Protection	18	SURRENDERED
Thurles 1	€124,187.00	Justice Equality & Law Reform	70	Short term lease
Thurles 2	€94,129.00	Justice Equality & Law Reform	40	Short term lease.
Tipperary 1	€81,150.00	Justice Equality & Law Reform	60	SURRENDERED
Tipperary 2	€103,957.00	Justice Equality & Law Reform	70	SURRENDERED
Trim	€67,752.00	OPW	30	SURRENDERED
Wexford	€75,000.00	Environment Heritage & Local Government	44	SURRENDERED

Departmental Bodies Data

Questions (197)

Patrick O'Donovan

Question:

197. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the number of agencies, quangos or other bodies within, funded by or established by his Department which have been scrapped, merged or reduced since this Government was formed; the amount saved in each case; the reduction in staff as a result; and if he will make a statement on the matter. [1019/15]

Written answers

Minister for Public Expenditure and Reform

I refer the Deputy to the Report on the Implementation of the Agency Rationalisation Programme which is published on my Department's web site.  The Report provides information on what has been achieved in reducing the number of state bodies as set out in the 2011 Public Service Reform Plan, including savings, and can be found at www.per.gov.ie.

The Report, based on information provided by each relevant Government Department, shows that measures involving more than 90 percent of the bodies to be rationalised and merged are now complete.  This means that as a result of these measures - there are today 170 fewer State Bodies than in 2011, with a further 11 due to go.  This same analysis shows that, to date, recurring annual savings of over €15 million are accruing to Central Government, with a further €2.8m in once-off revenue arising from the disposal of property.  Further annual savings of €9m will be achieved by 2018, as the full year efficiency savings from some of the measures are realised.  It is also important to note that these figures are in regard to direct Exchequer savings.  In addition to these, the Report shows that net savings worth some €40 million will accrue annually to the Local Authority sector on foot of the reform and rationalisation measures in Local Authority structures, which also forms part of the overall rationalisation programme.  

In terms of those bodies which are within my own area of control:

(i)  the office of the Commission on Public Service Appointments was merged into the Office of the Ombudsman, with effect from October 2012. 

(ii) the Valuation Office is to merge with the Property Registration Authority and Ordnance Survey Ireland to form a new single body, subject to legislative change being proposed by the Minister for Justice and Equality. It is anticipated that Ministerial responsibility for the Valuation Office and Ordnance Survey Ireland will be transferred to the Minister for Justice and Equality in 2015, in advance of the establishment of the proposed new body.

The associated savings for each of the measures, derived from a reduction in the number of public servants and from other administrative savings, is set out in Appendix 3 of the aforementioned published Report.

Decentralisation Programme

Questions (198)

Patrick O'Donovan

Question:

198. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the agencies or sections from his Department that were decentralised during the period 1997 to 2011; the travel costs and expenses incurred by decentralised personnel travelling to their base Department in that period. [1034/15]

Written answers

Minister for Public Expenditure and Reform

My Department was established in July 2011 and up to the end of that year I can confirm that no sections decentralised in that period.  As no sections decentralised there are no associated costs to report. 

Appointments to State Boards

Questions (199)

Brendan Griffin

Question:

199. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the advice he will provide to persons wishing to contribute their expertise and experience to the improvement of the board of a State agency; the up to date application and appointment process; and if he will make a statement on the matter. [1060/15]

Written answers

Minister for Public Expenditure and Reform

The Deputy will be aware that in September 2014 the Government agreed to introduce a new system for State Board Appointments. The Decision, building on the earlier 2011 Decision, required my Department to prepare Guidelines on a new process to be agreed by Government.

The Guidelines were approved by Government in November 2014 and seek to provide good practice rules around the implementation of the Decision, which has at its core three key principles:

- promote wider access to opportunities on State Boards;

- put in place detailed and comprehensive criteria for those roles; and

- introduce transparent and rigorous assessment of candidates against these criteria.

The Guidelines clarify which positions on Boards they apply to and change the process around Ministerial appointments of individuals to State Boards.

The new arrangements provide for a robust selection system operated independently by the Public Appointments Service (PAS) with selection being based on objective criteria. The new arrangements will ensure that candidates recommended for appointment have the skills and competencies required to carry out their duties on a State board. 

Under the new system for appointments to State Boards, the specific requirements identified for board roles will be published as well as information illustrating the knowledge, skills, experience and expertise possessed by appointees conforming to those requirements. 

Applications are welcome from people who believe they have the relevant skills and experience to join a State Board, barring any disqualifications that may apply under legislative provision. Persons interested in serving on a board should apply via the State Boards portal run by PAS at www.stateboards.ie.

State Pensions Reform

Questions (200)

Finian McGrath

Question:

200. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if he will not cut the basic rates of State pension as this will have dire consequences for those pensioners who are rapidly reaching the poverty line; and if he will make a statement on the matter. [1074/15]

Written answers

Minister for Public Expenditure and Reform

Responsibility for the State Pension lies with the Tánaiste and Minister for Social Protection. Any questions on the matter should be addressed to her.

Consultancy Contracts

Questions (201)

Dara Calleary

Question:

201. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the total amount of moneys paid by his Department to external consultants, professional companies or advisers relating to the jobs action plan in each year since and including 2012; if he will provide in a tabular form the list of those organisations which received money; his Department's procurement policy regarding this work; and if he will make a statement on the matter. [1142/15]

Written answers

Minister for Public Expenditure and Reform

My Department has responsibility for the delivery of a number of actions in the annual Action Plan for Jobs. One such action, in the 2013 Action Plan, was to progress the development of Ireland's National Action Plan on Open Government.  This involved the launch of an Open Data initiative including the establishment of an Open Data Portal to act as the primary source of public sector datasets, in the context of the development of Ireland's membership of the Open Government Partnership.

My Department has paid a total amount of €60,212.15 to external consultants professional companies or advisors in relation to the above action in the Action Plan for Jobs since 2013. There were no other payments to consultants.

Payments in each of the years 2012, 2013 and 2014 were as follows: 

2012

Nil

2013

€25,735.25 was paid to Transparency International, Ireland in respect of a report entitled "Consultation with Civil Society Representatives and Citizens on Ireland's Participation in the Open Government Partnership"

2014

Total Expenditure of €34,476.90 comprised of the following:

€19,188.00 was paid to Insight Centre for Data Analytics, NUI Galway in respect of the development of support materials relating to open data and the development of an alpha open data portal

€15,288.90 was paid to a consortium comprising Insight Centre for Data Analytics, NUI Galway, Derilinx Ltd and Fujitsu for the provision of expert support for the delivery of Ireland's Open Data Initiative

Each of the three contracts was the subject of a competitive tender process.