Tuesday, 17 Feb 2015

EU Funding

Questions (234)

Tom Fleming

Question:

234. Deputy Tom Fleming asked the Minister for Finance the projects applied for in the €23 billion submission for European Union funding; the criteria for eligibility for these funds; the projected timeframe to invest the funds; and if he will make a statement on the matter. [7151/15]

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Written answers

Minister for Finance

I presume that the Deputy is asking about the European Fund for Strategic Infrastructure (EFSI) or the so called Juncker plan and the link between it and the indicative project list submitted at the end of last year as part of the work of the EIB-Commission Task Force on developing an Investment Project pipeline in the EU.

The Irish project list was part of an EU wide request from the Task Force to gauge the level of available projects in the period 2015-2017 should investment resources be found. The project list is only a cross section of available projects that could commence between 2015 and 2017. The list does not involve prioritisation and does not bestow any special status on the projects themselves. It is still a matter for the Departments concerned to advance any public projects on the list or other projects in accordance with the Capital programme and the Department of Public Expenditure and Reform.

As you may be aware the Commission's EFSI proposal is to mobilise €315 billion of investment, mostly from the private sector, over the next 3 years. Under the EFSI proposal investments will be made in projects in order to receive a commercial return and funds will not be made available as grants. The EFSI is expected to become operational later this year and subject to EFSI's project selection criteria some of the projects on the Irish list or others could be eligible for EFSI investment. EFSI investments are to be consistent with Union policies and to support any of the following general objectives:-

- development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital infrastructure;

- investment in education and training, health, research and development, information and communications technology and innovation;

- expansion of renewable energy and energy and resource efficiency;

- infrastructure projects in the environmental, natural resources, urban development and social fields;

- providing financing for SMEs and Midcaps, including working capital financing and risk bearing capacity.

National Postcode System Expenditure

Questions (235)

Michael Colreavy

Question:

235. Deputy Michael Colreavy asked the Minister for Finance the projected cost to his Department to convert to using Eircode; and if he will make a statement on the matter. [7606/15]

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Written answers

Minister for Finance

The Office of the Paymaster General in my Department makes occupational pension payments on behalf of the Superannuation Vote and a number of other public sector entities. In that regard, consideration of the implications of the move to Eircodes is only at an early stage and there is no estimate of the likely cost, though it is not anticipated that it will be significant. The pension payment function is scheduled to transfer from my Department to the new Payroll Shared Service Centre later in 2015.

National Monuments

Questions (236)

Tom Fleming

Question:

236. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will examine the ecclesiastical site at the Chapel, three Beehive huts and burial plots in Church Island, Lough Corran Lake, Waterville, County Kerry, as this site has links with the world heritage centre at Skelligs, and Church Island is an Office of Public Works monument; if she will arrange to have this site restored and opened as a visitor centre; and if he will make a statement on the matter. [6922/15]

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Written answers

Minister of State at the Department of Public Expenditure and Reform

Church Island in Lough Currane, Waterville, Co. Kerry is a National Monument in the care of the Commissioners of Public Works. The site is in the ownership of the State and is managed by the Commissioners locally through the National Monuments Depot at Killarney.

Regular conservation and maintenance work is carried out at the Church Island site by Office of Public Works staff and it is in relatively good order currently. The site is freely accessible by members of the public and there are no restrictions placed on those who wish to visit. While the site is certainly of interest and will continue to be protected and maintained by the OPW under the terms of the National Monuments Acts, it is similar to many sites of its type around the country. There are no plans to provide any additional Visitor facilities at Church Island in the immediate term.

State Bodies Property

Questions (237)

Brendan Griffin

Question:

237. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding Coast Guard houses; and if he will make a statement on the matter. [7003/15]

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Written answers

Minister of State at the Department of Public Expenditure and Reform

The tender process for works at Waterville Coastguard Station is nearing completion. A contract will be placed on confirmation of funding by the Irish Coastguard Service.

Valuation Office

Questions (238, 240)

Robert Dowds

Question:

238. Deputy Robert Dowds asked the Minister for Public Expenditure and Reform when the proposal to remove the non-commercial parts of the premises of sports clubs is expected to take effect; and the way sports clubs can apply for a revaluation of their premises under the new regulations. [7302/15]

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Brendan Ryan

Question:

240. Deputy Brendan Ryan asked the Minister for Public Expenditure and Reform details of the proposals that sports clubs will only be liable to pay commercial rates on the parts of their clubhouses which have bars or shops; and if he will make a statement on the matter. [6704/15]

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Written answers

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 238 and 240 together.

The Valuation (Amendment)(No.2) Bill 2012 is progressing through the Oireachtas. It had its Second Stage reading in the Dáil on 12th February 2015, having been passed by the Seanad on 20th November 2014. I expect that the Bill will proceed to Dáil Committee Stage in early March.

The Government introduced an amendment in the Bill to Schedule 4 of the Valuation Act 2001 on Committee Stage in the Seanad. This amendment, inserting paragraphs 4A and 4B into Schedule 4 of the Valuation Act 2001, is contained in Section 38 of the Bill as passed by the Seanad. If enacted, the change to Schedule 4 will exempt from rates the non-commercial parts of Community Sports premises.

After enactment, the Commissioner of Valuation, who is independent in the performance of his duties, will put appropriate procedures in place to make the changes to the valuation lists for local authority areas to reflect an amended Schedule 4. His office may need to contact sports clubs to complete this task.

Departmental Expenditure

Questions (239)

Michael Colreavy

Question:

239. Deputy Michael Colreavy asked the Minister for Public Expenditure and Reform the projected cost to his Department to convert to using Eircode. [6656/15]

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Written answers

Minister for Public Expenditure and Reform

In response to the Deputy's question I can confirm that consideration of the implications of the move to Eircodes is only at an early stage and there is no estimate of the likely cost, though it is not anticipated that it will be significant.

Question No. 240 answered with Question No. 238.

International Agreements

Questions (241)

Mary Lou McDonald

Question:

241. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if any of his officials or Departmental consultants have legal and / or policy expertise in the area of the implications for public spending of Ireland's international treaty obligations; if so, if he will provide, in tabular form, the date, subject matter and mode of communications, he has had with these experts since 2011, including specifically, whether he has taken any advice with respect to the implications for his Department of the binding legal obligations under the International Covenant on Economic, Social and Cultural Rights; if not, if he has had communications with, or taken advice from, the Department of Foreign Affairs and Trade with respect to these issues; if so, if he will provide, in tabular form, the date, subject matter and mode of these communications and advices since 2011; if not, if it has been previously brought to his attention, from any source, that certain treaty provisions, under the International Covenant on Economic, Social and Cultural Rights, have binding legal implications for the spending decisions for which he and his Departmental officials are responsible; and if he will make a statement on the matter. [6905/15]

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Written answers

Minister for Public Expenditure and Reform

At the outset I would like to set out for the Deputy the process which is followed in relation to entering into international legal agreements. Prior to the State entering into any international legal agreement, the relevant Departments give careful consideration to the domestic implications of becoming a party to such an agreement. Consideration is given to whether or not it is compatible with the Constitution to become a party to any particular agreement, whether there is a need to amend domestic legislation or to put in place any administrative arrangements in order to facilitate the State complying with any such agreement, and the nature of any cost or financial implications that may arise for the State from becoming a party to any such agreement. This process involves consultation among all relevant Departments and the Office of the Attorney General and is co-ordinated by the Department of Foreign Affairs and Trade. Any decision for the State to become a party to any international agreement is then a matter for the Government and it is advised of all the aforementioned matters prior to making a decision. Article 29.5.2 of the Constitution provides that the State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.

It is the responsibility of each Minister and their Departments to manage expenditure within their agreed allocations and in this context it is a matter for individual Departments to ensure that spending is allocated to programmes and policy areas to meet any contractual and legal obligations as appropriate. I am confident that officials in my Department, working with their colleagues across the Civil Service and wider Public Service, possess the necessary expertise to ensure that the allocation and expenditure of resources takes account of Ireland's international treaty obligations.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the United Nations General Assembly on 16 December 1966, and entered into force on 3 January 1976. Ireland signed the ICESCR on 1 October 1973 and was ratified by Ireland on 8 December 1989. I am advised that an inter Departmental progress consultation on the ICESR is currently underway. The Covenant provides for progressive realisation of rights and acknowledges the constraints due to the limits of available resources.

The Government is committed to ensuring the progressive implementation of economic, social and cultural rights both within Ireland and in the context of international cooperation. The Government ensures that the State's obligations to implement the Covenant in Ireland are met through policies aimed at improving the enjoyment of economic, social and cultural rights including policies aimed at tackling poverty and social exclusion.

Public Procurement Contracts

Questions (242)

Caoimhghín Ó Caoláin

Question:

242. Deputy Caoimhghín Ó Caoláin asked the Minister for Public Expenditure and Reform the scope of all legal or regulatory protections, currently in place, to protect the position of sub-contractors engaged in public funded projects; if he or any other Minister, as appropriate, has plans to strengthen these protections, including the debarment of main contractors from all public funded project tendering, when found in serious breach of their responsibilities to a sub-contractor or sub-contractors they engage, and initially for a specified period of time; and if he will make a statement on the matter. [7018/15]

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Written answers

Minister for Public Expenditure and Reform

Public procurement procedures require all applicants to meet certain standards when applying for public contracts. In this regard at tender stage applicants must sign a declaration in relation to their financial standing, their legal standing, their payment of taxes and social contributions; and a statement that none of the circumstances for exclusion apply. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in public procurement regulations and directives. Before an applicant, in relation to certain breaches is excluded, the applicant may make a case and provide supporting evidence as to why it should not be excluded. The contracting authority must consider this evidence before deciding whether to exclude or include an applicant.

In order to be considered for the award of contracts, applicants must pre-qualify by meeting criteria which are designed to assess their competence and capacity to perform the contract. Those who do not meet minimum criteria are excluded from further participation in a tender competition. When invoking the grounds for exclusion it is important that a contracting authority has evidence of a sufficiently robust nature to withstand any challenge to that decision. For example in the case of non-payment which is the result of insolvency of a contractor then the insolvent entity may be excluded on the basis of their insolvency. If the issue is one of a refusal to pay and solvency is not in question then, in the absence of a binding decision or a court judgement regarding that non-payment, the contracting authority is not in a position to exclude since there may be a valid reason for the non-payment.

As the Deputy is aware the Government approved the delegation of responsibility for implementation of the Construction Contracts Act 2013 to the Minister of State for Business and Employment at the Department of Jobs, Enterprise and Innovation, Mr Gerald Nash T.D., in November 2014. The enactment of the Construction Contracts Act 2013 marked a significant step towards the Programme for Government commitment to introduce new robust legislation to protect small building subcontractors that have been denied payments from bigger companies. The legislation when implemented will provide new minimum contractual provisions concerning payment arrangements between the parties to a construction contract. Where payment disputes do arise between the parties to a construction contract, either party will have the right to refer the payment dispute to adjudication. I understand that work is continuing on the preparations for the full implementation of the Act and a specific date for its implementation will be announced in advance once the necessary arrangements have been finalised, in order to provide sufficient notice to those affected by the Act's provisions.

National Lottery Funding Disbursement

Questions (243)

Terence Flanagan

Question:

243. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will provide details of national lottery grants that are administered by his Department or by other Government Departments or agencies; and if he will make a statement on the matter. [7097/15]

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Written answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

The surplus generated by the National Lottery for good causes is transferred annually to the Exchequer and is applied to part-fund the Exchequer allocations to a specified range of expenditure subheads across various Votes.

The amount transferred to the Exchequer from the National Lottery surplus, together with details of the total Exchequer allocations to the relevant Lottery supported subheads, is published each year in Appendix 1 of the annual Revised Estimates for Public Services (REV). This gives a breakdown of allocations by Department and programme.

The provisional outturns for National Lottery supported subheads for 2014 and estimates for 2015 are set out in Appendix 1 of the 2015 REV. A copy of this Appendix follows for your information.

My Department's Vote does not include any subheads that are part funded by the Lottery.

Appendix 1

EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY *

				2014 Estimate			2015 Estimate
	Vote/Subhead	Current	Capital	Total	Current	Capital	Total
		€000	€000	€000	€000	€000	€000
	*24. Justice and Equality*
D.14 -	Payments to the Promoters of Certain Charitable Lotteries ....	2,000	-	2,000	1,000	-	1,000
		2,000	-	*2,000*	1,000	-	*1,000*
	*26. Education and Skills*
C.15.2 -	Grant for General Expenses of Cultural, Scientific and
	Educational Organisations ....	133	-	133	-	-	-
	Subtotal :-	133	-	*133*	-	-	-
	*31. Transport, Tourism and Sport*
D.3 -	Grants for Sporting Bodies and the Provision of Sports
	and Recreational Facilities ....	-	24,000	24,000	-	25,500	25,500
D.5 -	Irish Sports Council ….	45,048	15,980	61,028	44,236	12,820	57,056

	Subtotal :-	45,048	39,980	*85,028*	44,236	38,320	*82,556*
	*33. Arts, Heritage and the Gaeltacht*
A.9 -	An Chomhairle Ealaíon ….	56,800	93	56,893	58,800	93	58,893
B.3 -	Grant for An Chomhairle Oidhreachta (Heritage Council) ....	2,805	1,688	4,493	3,055	1,688	4,743
C.4 -	Irish Language Support Schemes ....	3,600	95	3,695	3,600	95	3,695
	Subtotal :-	63,205	1,876	*65,081*	65,455	1,876	*67,331*
	*34. Environment, Community and Local Government*
A.4 -	Voluntary and co-operative Housing ….	55,000	40,925	95,925	29,350	85,187	114,537
A.7 -	Private Housing Grants ….	-	38,600	38,600	-	24,090	24,090
E.3 -	Supports for Community and Voluntary Sector ....	10,875	-	10,875	12,624	-	12,624
E.4 -	Local and Community Development Programmes ….	47,707	-	47,707	45,407	-	45,407
	Subtotal :-	113,582	79,525	*193,107*	87,381	109,277	*196,658*
	*38. Health*
B.2 -	Grants to Health Agencies and Other Similar Organisations ....	3,286	-	3,286	3,286	-	3,286
J.1 -	Health Agencies and Other Similar Organisations ....	7,513	-	7,513	7,513	-	7,513
L..3 -	Building, Equipping and Furnishing of Health Facilities ….	-	2,539	2,539	-	2,539	2,539
	Subtotal :-	10,799	2,539	*13,338*	10,799	2,539	*13,338*
	*40. Children and Youth Affairs*
B.6.1 -	Youth Organisations and Services ….	49,675	750	50,425	49,871	750	50,621
-	Grants to Organisations ….	910	-	910	-	-	-
	Subtotal :-	50,585	750	*51,335*	49,871	750	*50,621*
	Total:-	285,352	124,670	410,022	258,742	152,762	411,504

*The total expenditure of €410 million in 2014 was financed by approximately €200 million from the National Lottery; the remainder was funded by the Exchequer. In 2015, estimated total expenditure of €412 million will be financed by approximately €200 million from the National Lottery, the remainder will be funded by the Exchequer.

National Standards Authority of Ireland

Questions (244)

Eric J. Byrne

Question:

244. Deputy Eric Byrne asked the Minister for Jobs, Enterprise and Innovation the position regarding certification by the National Standards Authority of Ireland (details supplied); and if he will make a statement on the matter. [6960/15]

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Written answers

Minister for Jobs, Enterprise and Innovation

The responsibility for motor vehicles type approvals directives lies with the Department of Transport, Tourism and Sport, and its Agency, the Road Safety Authority.

The NSAI operates as the approval authority for related directives, 2007/46/EC (Under the European Communities (Road Vehicles: Entry into Service) Regulations (S.I 157 of 2009) made by the then Minister for Transport, which requires that all member states have national approval schemes implemented from April 2009 through to October 2014.

The Automotive Approvals process relies heavily on technically competent assessors to process the applications. Applications for certification are processed on a first come, first served basis.

There are currently 96 applications within the approval process.

In response to the increasing workload NSAI tendered for an Alternative Service Delivery model in early 2014, to be delivered by competent outsourced technical assessors working directly with NSAI staff. The ensuing contract commenced in January 2015.

Due to the regulatory and technical nature of the assessment process, it is not possible to rapidly increase processing capacity as the sourcing and induction of engineers takes a period of approximately 6 months before they become competent in the approvals process.

The optimum lead in time to process an application to certification, based on full information being provided by the applicant is 10 days. Currently the process time is taking 16 days.

NSAI are projecting that the backlog will reduce over the next 4-6 weeks with the target lead times of 10 days being achieved by the end of Q2.

National Standards Authority of Ireland

Questions (245)

Michael Moynihan

Question:

245. Deputy Michael Moynihan asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the delays with the issuing of certification of type approval by the National Standards Authority of Ireland for new commercial vehicles, in view of these delays are having a serious financial impact on struggling businesses; if he will intervene to ensure that this situation is resolved immediately; and if he will make a statement on the matter. [6979/15]