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Tuesday, 3 Mar 2015

Written Answers Nos. 227 - 242

Coastal Protection

Questions (227)

Michael Healy-Rae

Question:

227. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if funding will be provided to protect the road and coastline from storm damage in an area (details supplied) in County Kerry; and if he will make a statement on the matter. [8794/15]

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Written answers

The Government Decision referred to by the Deputy allocated total funding of up to €19.6m for the repair of existing coastal protection and flood defences damaged in the severe weather in late 2013 and early 2014 based on submissions made by the relevant local authorities to the Department of the Environment, Community and Local Government. The local authorities submitted to the Office of Public Works (OPW) programmes of repair works setting out how they intended to spend their allocations. Kerry County Council's (KCC) programme of works did not include for works at Kilshannig and as a result there is no specific provision for works at this location in the sum allocated to KCC under the Government Decision.

Of the allocation of up to €19.6m, a total of €7,675,195 has been paid to local authorities to date of foot of their draw down applications. The OPW understands that local authorities are continuing to progress projects on their programmes of repair works and it is expected that the balance of the allocation of €19.6m will be drawn down in full by them during 2015. KCC has so far drawn down €1,206,275 of the total of €1,226,920 allocated to it based on its programme of repair works. Some flexibility is allowed to each local authority in relation to possible re-allocation of funding to projects on its programme of works, subject to the overall sum allocated to it in the Government Decision not being exceeded.

Heritage Sites

Questions (228)

John McGuinness

Question:

228. Deputy John McGuinness asked the Minister for Public Expenditure and Reform the lease in place between the Office of Public Works and the Arts for Peace Foundation relative to Durrow Abbey, County Offaly; the amount charged by the State each year; if €250,000 has been sanctioned as a grant to restore parts of Durrow Abbey; if so, the amount that has been drawn down, and the work concerned; the agreements in place between the foundation and the office for certain works to be undertaken by the office; if these works have been completed; the purpose of the meeting with the office, persons (details supplied), and the foundation held on 4 November 2010; the instructions given by the office to the architect at this meeting; if the minutes of this meeting will be provided to this Deputy; if he will confirm the nature of the stipulations for the drawdown of the €250,000, as set out at a further meeting in November 2012; if the minutes of the meeting of 16 November 2012 will be provided to this Deputy; if the Chief State Solicitor's office advised the Office of Public Works and the Minister, relative to the meeting of 16 November 2012; if he will confirm the Government commitments that were provided to the foundation from the very outset of this proposal; and if he will make a statement on the matter. [8905/15]

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Written answers

On 21 May 2007 a 99 year full repair and insure lease on Durrow Abbey House was agreed by the Minister for the Environment, Heritage and Local Government and the Arts for Peace Foundation at a peppercorn rate (€10 annual rent). This requires the Foundation, as lessee, to carry out all internal and external repairs/maintenance to the fabric of Durrow Abbey. The development of the Foundation's objectives in relation to Durrow Abbey was not conditional on funding, being provided by the State.

I am advised by the Commissioners of Public Works that the further questions raised by the Deputy relate to matters on which they are currently awaiting the legal advice sought. On receipt of the legal advice the Commissioners will revert to the Deputy.

Flood Relief Schemes

Questions (229)

John McGuinness

Question:

229. Deputy John McGuinness asked the Minister for Public Expenditure and Reform if the Office of Public Works has inspected the works carried out at Killaan, Woodlawn, Ballinasloe, County Galway, to determine if they are in line with what was committed to in the funding of €15,000; if, arising from these works, the office can confirm that the original issue of flooding at this location has been resolved; if the concerns expressed by a person (details supplied) have been dealt with; if the office will provide a full report on the work carried out, and what further work is required to deal with any remaining problems; and if he will make a statement on the matter. [8909/15]

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Written answers

The flood mitigation works at Woodlawn, Ballinasloe referred to in the Question were carried out by Galway County Council (GCC) with the aid of funding of €13,500 provided by the Office of Public Works ( OPW), representing 90% of the estimated cost of the works of €15,000.

The funding was provided to GCC on foot of an application it made under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme for works to alleviate local flooding of a public road and one dwelling. The application was approved on the basis that it met the criteria for the minor works scheme and was cost beneficial. The purpose of this administrative Scheme is to provide funding to local authorities to enable them to carry out small scale works to address localised flooding problems in their areas. Funding of up to 90% of the estimated cost of the works is available subject to specific eligibility criteria including a requirement that any measures are cost beneficial. The scheme's criteria are published on the OPW website, www.opw.ie. The scheme is not available for repair of damaged infrastructure or for maintenance of existing flood defence or coastal protection assets. A local authority may apply to the OPW for support under the scheme having regard to those eligibility criteria. Application forms are available on the OPW's website under Flood Risk Management and decisions are made having regard to the overall availability of funding for flood risk management. The identification of the appropriate mitigation measures in each case and the implementation of those measures is entirely a matter for the local authorities.

Payment of the OPW funding is conditional on a Director of Services in the local authority certifying that specific conditions have been complied with, including that the works for which the funding was provided have been completed. While the OPW carries out random audits of works undertaken by local authorities for which a certificate of completion has been submitted it did not do so in the case of the works at Woodlawn.

Arising from concerns expressed by the property owner referred to by the Deputy, the OPW understands that the works carried out by GCC at Woodlawn were less extensive than those proposed in its application for funding.

Further to the property owner's concerns, GCC commissioned independent experts to carry out an assessment of the flood mitigation works that had been completed and the need for further works. The experts report concluded that the completed works had substantially reduced the risk of flooding to the property. The report also concluded that while additional works could be carried out that would further improve flood protection for the property, these would involve underpinning Woodlawn Bridge and these works would not be cost beneficial. It also pointed out that there would be significant constraints on the carrying out of works to the bridge due to the environmental sensitivity of the channel at that location.

The OPW is satisfied, based on the conclusions of the independent, expert report that the works carried out by GCC have significantly reduced the risk of flooding to the property in question and have achieved value for money. The OPW concurs with the findings of the independent report that any additional works to further improve flood protection for this property would not be cost beneficial.

GCC has indicated that it does not intend to undertake any further works at this location.

Departmental Properties

Questions (230)

Michael Ring

Question:

230. Deputy Michael Ring asked the Minister for Public Expenditure and Reform when a full and comprehensive reply will issue to a group (details supplied) in County Mayo; and if he will make a statement on the matter. [9350/15]

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Written answers

I understand that the Office of Public Works have been engaging locally with interested parties in order to progress the matter.

The Commissioners recently requested a review of the conveyancing proposal in terms of the specific boundary issues to be resolved and in relation to establishing a valuation of the transactions involved in the proposal.

The Commissioners will respond to the Chairperson of An tSean Bheairic, Bangor Erris as soon as these matters have been fully considered over the coming weeks.

Flood Prevention Measures

Questions (231)

Tom Fleming

Question:

231. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will have the bridge at Barrack Street, Castleisland, County Kerry, over the river Maine investigated, as there is an impediment with a sewer service pipe blocking the flow of water in times of flood and it is causing high water levels in the river, posing high risk to the properties adjacent to the river; and if he will make a statement on the matter. [8861/15]

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Written answers

There is no change in the position as outlined to the Deputy in my reply to Question No. 240 of 2 December 2014. While Castleisland is within the River Maine catchment which is maintained as part of the arterial drainage responsibilities of the Office of Public Works, the public road bridge at Barrack Street, Castleisland, is the responsibility of the Local Authority and the sewer pipe mentioned is the responsibility of Irish Water.

Pension Provisions

Questions (232)

Denis Naughten

Question:

232. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform when a person (details supplied) in County Roscommon will have a pension entitlement processed; the reason for the delay; and if he will make a statement on the matter. [8901/15]

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Written answers

PeoplePoint is the HR and Pensions Administration Shared Service for the Civil Service. It was established in March 2013 and currently provides services to employees across 21 Civil Service organisations. Once all remaining in-scope organisations transition, PeoplePoint will provide services across 38 organisations.

PeoplePoint began calculating retirement benefits and instructing the Pay Master General (PMG) in the Department of Finance to make pension payments on 15 April 2013. Since then, PeoplePoint has processed more than 3,000 retirement cases. 

When setting up a pension benefit for a scheme member all relevant information needs to be available to ensure that benefits are calculated correctly. In the exceptional circumstances where the period of service pre-dates the personnel system and there is no personnel file to hand, details have to be collated manually and checked for completeness and accuracy. 

PeoplePoint is aware of the potential impact of any delay on employees or former employees therefore all steps are taken to expedite the collection of the information. Once all the relevant details are verified, PeoplePoint can calculate and issue details of the member's benefits. 

PeoplePoint has confirmed that the person in question has been contacted directly and this issue has been addressed. All employees using PeoplePoint who are experiencing delays with obtaining the information they need are welcome to contact PeoplePoint as soon as possible at Pensions@peoplepoint.ie or 076 107 1000 to discuss the reasons for the delay.

Public Sector Reform Implementation

Questions (233)

Terence Flanagan

Question:

233. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will address a matter (details supplied) regarding the Civil Service; and if he will make a statement on the matter. [8978/15]

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Written answers

I launched the Civil Service Renewal Plan along with the Taoiseach on 30 October last.  The Plan outlines 25 practical actions that will create a more unified, professional, responsive, open and accountable Civil Service that can provide a world-class service to the State and to the people of Ireland.  Work has commenced on the implementation of the Plan which is being overseen by the newly-formed Civil Service Management Board. The Plan is available on my Department's website on http://www.per.gov.ie/civil-service-renewal/. The Government has no current plans for restructuring Government Departments.

Departmental Staff Recruitment

Questions (234)

Tony McLoughlin

Question:

234. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform if a person (details supplied) in County Leitrim, who was successful in obtaining a position via the Public Appointments Service, category specialist higher open, Office of Government Procurement, may obtain a position based in the proposed new office in County Sligo as opposed to a Dublin based office; and if he will make a statement on the matter. [8995/15]

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Written answers

Positions for the Category Specialist Higher Open competition, which was run by the Public Appointments Service are location specific and are awarded by order of merit. I understand that the individual concerned has been in contact with the HR Unit in my Department and any further queries in relation to this matter should be followed up by the individual with them accordingly.

Freedom of Information Remit

Questions (235)

Sean Fleming

Question:

235. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform when the Freedom of Information Acts will apply to EirGrid; and if he will make a statement on the matter. [9000/15]

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Written answers

Section 1(3)(b) of the FOI Act 2014 provides that in respect of a body that was not subject to FOI under the 1997 Act but is subject to FOI under the new Act, the Act will come into operation 6 months following enactment or on such later date, not later than 12 months from enactment, as the Minister may by order appoint.  The FOI Bill was enacted on 14 October 2014. 

The decision to apply FOI in respect of the network functions of EirGrid was made during the progress of the Bill through the Oireachtas.  I concluded, having consulted with my Government colleagues, that the rationale for excluding commercial state bodies generally from FOI, on account of the potential adverse impact on their commercial position in a competitive market, did not apply  to the network utilities to the same extent as they operate in a monopoly market. 

Subsequently, EirGrid sought an extension in relation to this lead-in period on the basis that they had received significantly less advance notice that they were to be made subject to FOI than other bodies who were being made subject to FOI for the first time under the new Act.  Having considered the business case submitted carefully, I have agreed that the maximum lead-in time provided for under the Act for the application of FOI could be allowed in respect of EirGrid to allow them sufficient time to make the necessary administrative arrangements required.  

My decision as set out above will require a Ministerial Order before it comes into effect.  I intend, therefore, to make the Order shortly to provide that FOI will apply to EirGrid with effect from 14 October 2015.

Public Sector Staff Sick Leave

Questions (236)

Michael Creed

Question:

236. Deputy Michael Creed asked the Minister for Public Expenditure and Reform if he will clarify the situation regarding the revised sick leave arrangements for public servants, and the consequences for a person who is on certified sick leave for over 92 days; and if he will make a statement on the matter. [9025/15]

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Written answers

Under the Public Service Sick Leave Scheme, which came into effect for the generality of the Public Service on 31st March 2014 and for the Education Sector on 1 September 2014, public servants have access to the following paid sick leave:

- a maximum of 92 days (3 months) on full pay in a rolling one year period;

- followed by a maximum of 91 days (3 months) on half pay;

- subject to a maximum of 183 days (6 months) paid sick leave in a rolling four year period.

In addition, public servants may be awarded Temporary Rehabilitation Remuneration (TRR) where they have exhausted their access to paid sick leave and there is a reasonable prospect of them returning to work and providing regular and effective service.  TRR is paid at the same rate at which an ill health retirement pension would be.

In order to provide support to public servants who suffer from a critical illness or injury, under the Critical Illness Protocol the Scheme provides - in exceptional circumstances - for up to 365 days' paid sick leave in a four year period (comprising 183 days on full pay in a rolling one year period, followed by 182 days on half pay).

Departmental Properties

Questions (237)

Michael Ring

Question:

237. Deputy Michael Ring asked the Minister for Public Expenditure and Reform if the Office of Public Works will provide a copy of an agreement signed between persons (details supplied) and the office in the 1980s regarding entitlement to traverse a bridge. [9040/15]

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Written answers

The bridge in question was constructed by the Office of Public Works (OPW) as part of the Corrib-Mask-Robe Arterial Drainage Scheme under the powers given to the Commissioners of Public Works in Ireland by the Arterial Drainage Act 1945. There was no requirement for any agreement to be signed by the relevant landowners, and the OPW is not aware of any signed agreement in this case.

I understand that the person named by the Deputy is the owner of the lands on both sides of the bridge and should, de facto, be entitled to traverse the bridge.

Departmental Legal Costs

Questions (238)

Billy Kelleher

Question:

238. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if his Department, or State bodies or agencies under the aegis of his Department, use solicitors firms (details supplied); the amount paid to these solicitors each year from 2011 to 2014 by his Department, or State bodies or agencies under the aegis of his Department; the date until which his Department, or State bodies or agencies under the aegis of his Department, are contracted to use these solicitors' firms; and if he will make a statement on the matter. [9199/15]

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Written answers

In response to the Deputy's question I can confirm that my Department availed of the services of Arthur Cox Solicitors amounting to €14,203.55 in 2011, £4,800.00 in 2012 and €6,150.00 in 2013. There were no payments made to this firm in 2014 and all contracts were closed in the same year the services were provided.

Similarly, my Department availed of the services of McCann Fitzgerald Solicitors in 2014 amounting to €30,755.00 and the contract was closed in the same year.

The purpose of each contract was legal advice, with the exception of Arthur Cox Solicitors in 2012 which was for procurement training.

The Office of Public Works will revert directly to the Deputy with details of their contracts with the above mentioned companies.

Climate Change Policy

Questions (239)

Catherine Murphy

Question:

239. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform in view of the fact that the Environmental Protection Agency has conceded that Ireland will fail to achieve its binding EU 2020 greenhouse gas reduction target by as much as 15%, the financial contingency planning he is putting in place to cover this eventuality; and if he will make a statement on the matter. [9222/15]

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Written answers

At the outset I would like to clarify for the Deputy that the Department of Environment, Community and Local Government is the lead Department on climate policy.

The Department of Environment, Community and Local Government advise that Ireland is on course to comply with the annual mitigation (emissions reduction) targets under the 2009 EU Effort-Sharing Decision (406/2009/EC) in respect of the first half of the 2013 to 2020 compliance period.  There will, however, be a significant compliance challenge in respect of the years 2017 to 2020 as flagged by the EPA in their recent annual publication on Greenhouse Gas Projections.

The Department of the Environment, Community and Local Government is aware of this challenge and is undertaking actions such as the development of a low carbon plan - the National Mitigation Plan. The first iteration of the Plan will place particular focus on identifying measures to address challenges arising in the period 2017 to 2020.

As the Deputy is aware, the Comprehensive Expenditure Report 2015 - 2017 sets out three year expenditure ceilings for each Ministerial Vote Group. Spending decisions have to be taken within these expenditure ceilings and the new fiscal structures put in place at a European level through the reforms to the Stability and Growth Pact.

Sale of Aer Lingus

Questions (240)

Mary Lou McDonald

Question:

240. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if existing Irish and European Union fiscal rules, such as the expenditure benchmark or fiscal treaty debt and deficit rules or any other policy or legal commitment to the European Union institutions would restrict the use of any proceeds from the sale of State assets, such as Aer Lingus, from being used to fund current or capital expenditure, and would require the Government to divert such proceeds exclusively or primarily into reducing Government debt. [9255/15]

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Written answers

One key consideration in any decision about the use of the proceeds from the sale of State assets is the potential impact on the General Government Balance, which is calculated in accordance with Eurostat rules on General Government accounting.

Under these rules, cash received by the Exchequer from the sale of State assets is classified as either a financial transaction or a non-financial transaction, depending on the nature of the asset and the transaction in question.  The sale of shares or equity held by Government is a direct sale of a financial asset and would be classified as a financial transaction.  A financial transaction is not deemed to be revenue or expenditure and does not impact on the General Government Balance.

Accordingly, a sale of the Government's shares in Aer Lingus would be recorded in the General Government accounts as a financial transaction, and the General Government Balance would not be improved by receipt of the sale proceeds.  An increase in voted expenditure, for example, on foot of the proceeds would have a negative impact on the General Government balance.  However, if the use of the proceeds were classified as a financial transaction, then neither the receipt nor use of the proceeds would impact on the General Government Balance.

Flood Prevention Measures

Questions (241)

Seán Kyne

Question:

241. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if he will provide an update on the Office of Public Works progress on flood relief and defences at a location (details supplied) in County Galway. [9333/15]

View answer

Written answers

As indicated in my replies to previous Questions on this subject, the Office of Public Works (OPW) has submitted the proposals for the Clare River (Claregalway) scheme for statutory approval by the Minister for Public Expenditure and Reform, as required by the Arterial Drainage Acts.

In order to comply with the requirements of SI 469 and SI 470 of 2012, the Department of Public Expenditure and Reform (DPER) engaged experts to carry out an independent review as part of its assessment of the Environmental Impact Statement (EIS) of the Scheme proposals. The report of the independent review was recently received by DPER and this raises a number of matters for clarification and some additional information requirements necessary to enable the adequacy of the EIS to be fully assessed. The OPW is currently considering the report.

Pending completion of DPER's assessment and approval of the Scheme by the Minister for Public Expenditure and Reform, it is not possible to say when construction works will commence. However, the OPW remains committed to carrying out the scheme and has provided for its cost in its multi-annual capital expenditure profiles to 2017.

Departmental Funding

Questions (242)

Noel Harrington

Question:

242. Deputy Noel Harrington asked the Minister for Jobs, Enterprise and Innovation the funding initiatives available from his Department for distilleries; and if he will make a statement on the matter. [8813/15]

View answer

Written answers

Enterprise Ireland provides investment to distilleries in the form of expansion, R&D, Management Development and Competitiveness Improvement supports. In addition to any direct jobs created, there is a large number of construction jobs involved as well as ongoing tourism activity arising from Visitor Centres often being situated beside distilleries. Each distillery investment is considered by Enterprise Ireland on a case by case basis regarding its merits, the viability of the business and the return to the economy. Enterprise Ireland (EI) currently has a number of High Potential Start-Up (HPSU) distillery projects under consideration. Feasibility funding has also been given to a number of promoters to assist them in developing business propositions.

The Local Enterprise Offices (LEOs) are the first-stop-shop for the provision of a range of financial and non-financial supports to help enterprises at start-up or during business expansion phases. It should be noted, though, that the LEOs generally only grant assist enterprises in the manufacturing or internationally traded services sector, which over time can develop into strong export entities. In addition, any business can use the LEOs as a gateway to accessing finance from Micro Finance Ireland (MFI), which offers support in the form of loans of up to €25,000 to start-up, newly established or growing microenterprises employing less than 10 people with viable business propositions. The Fund available to MFI has a significant entrepreneurship focus and is open to anyone with a viable business proposal. Applications for the Microfinance Fund should be channelled through the local LEO. Further information can be found on the LEO website at www.localenterprise.ie. Businesses can also access the online search tool for SME business supports that was launched last May. The Supporting SMEs Online Tool is a cross-governmental initiative to help Irish start-ups and small businesses navigate the range of Government business supports for which they could be eligible.

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