Written Answers Nos. 318-334
318. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the estimated savings to the Exchequer if pension payments to previous Ministers were reduced by 10%; and if he will make a statement on the matter. [28352/15]
View answer331. Deputy Gabrielle McFadden asked the Minister for Public Expenditure and Reform in the context of the emergency legislation enacted to impose cuts on the public sector from 2012, if there are any legislative options which can be explored to ensure that former Ministers are excluded from pension increases; and if he will make a statement on the matter. [28688/15]
View answerI propose to take Questions Nos. 318 and 331 together.
I strongly share the view that the pensions of many former Office Holders are very high. However, the pension levels paid to former office holders are based on their salaries at the point of departure agreed and implemented by previous Governments. The Courts view pensions as vested property rights. As Minister, I am required to work within the constitutional and statutory legal framework under which all Irish Governments operate.
The Financial Emergency Measures in the Public Interest (FEMPI) Acts, including the FEMPI 2010 Act which imposed the Public Service Pension Reduction (PSPR) on public servants in receipt of public service pensions, owe their constitutional legitimacy to the presence of an overriding public interest, in this case the fiscal crisis, and because they are very general in application, fair and proportionate.
This is the legal basis for the reductions in pensions applicable to former members and office holders of the Houses of the Oireachtas. The Deputy will be aware that this Government in 2012 increased the PSPR applied to that amount of pension in excess of €100,000 from the 12% enacted by the previous administration to 20%, and further increased it to 28% under the 2013 Act, for those who have retired before March 2012. Under the recently announced proposals for the reduction of PSPR this 28% rate continues to apply.
However, I am advised that this legislation cannot selectively penalise a particular cohort of public service pensioners. Accordingly, all public service pensioners will be subject to the reduction in lower rates but I have ensured that the proposals I made to Government to reduce the impact of PSPR will significantly favour low paid public service pensioners. Effectively the most any public service pensioner can benefit irrespective of pension is capped at €400, €500 and €780 in each of the years to 2018.
In 2014 payments totalling €3,654,941.48 in respect of Officeholders pensions were paid to 119 former Ministers. A 10% reduction in this figure would potentially realise savings of €365,494.15 in a full calendar year. As noted above however, any legislation to implement such a reduction effectively would have to meet the legal constitutional requirements set out above.
319. Deputy David Stanton asked the Minister for Public Expenditure and Reform the cost to the Exchequer of each of the by-elections held since the 2011 general election; and if he will make a statement on the matter. [28871/15]
View answerThere have been 8 by-elections to the current Dáil and Seanad which are listed in the following table together with the estimated costs, where available.
Four of the by-elections were held on the same day as another election event in that constituency and, therefore, the by-election costs reflect savings from a sharing of people and facilities. As a result of changes to the free postage arrangements for candidates whereby one item of election material was sent to each household in the constituency rather than to each person on the Electoral Register, where possible, there were also additional savings in costs for the Dublin West 2014 and Longford-Westmeath 2014 and also for the Dublin South-West & Roscommon South Leitrim by-elections.
The final costs of the Carlow Kilkenny by-election are not available as final accounts from Returning Officers are not due until six months after the election.
|
Bye-Election |
Estimated Cost |
Note: |
|
Dublin West 2011 |
€424,520 |
Held with Presidential Election |
|
Meath-East 2013 |
€472,900 |
|
|
Dublin West 2014 |
€276,900 |
Held with Euro and Local Elections |
|
Longford-Westmeath 2014 |
€401,700 |
Held with Euro and Local Elections |
|
Dublin South 2014 |
€547,081 |
|
|
Roscommon/South-Leitrim 2014 |
€566,143 |
|
|
Seanad (Panel Members) 2014 |
€7,179 |
|
|
Carlow Kilkenny (May) 2015 |
Held with Referendums on Marriage Equality and Age for Presidency. Costs not available. Accounts to be finalised 6 months after the election |
320. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform his plans to restore national lottery funding for work on the natural environment as per section 41(1) of the National Lotteries Act 2013; and if he will make a statement on the matter. [28937/15]
View answer321. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the funding allocated from national lottery funding for work on the natural environment as per section 41(1) of the National Lotteries Act 2013 in 2013, 2014 and in 2015 to date; his plans to promote funding available for work on the environment; and if he will make a statement on the matter. [28938/15]
View answerI propose to take Questions Nos. 320 and 321 together.
The National Lottery provides funds for "Good Causes" in accordance with the National Lottery Act 2013. The areas to be funded are set out under section 41 (1) of the National Lottery Act. They include:
- sport and recreation,
- national culture and heritage (including the Irish language),
- the arts (within the meaning of the Arts Act, 2003),
- the health of the community,
- youth, welfare and amenities, and
- the natural environment (added in the 2013 Act).
The Act also provides that the proceeds may be applied to such (if any) other purposes as the Government may determine from time to time.
A breakdown by Department of all the expenditure areas that are supported by the proceeds of the National Lottery is set out in Appendix 1 of the annual Revised Estimates for Public Services (available at http://www.per.gov.ie/estpubexp2013/). Funding is provided through expenditure subheads which form part of Departmental Programmes. For over a decade, the total allocation for these subheads has exceeded the amount available from the National Lottery. These subheads are described as being part funded by the National Lottery and the balance of the expenditure allocation for the subheads comes from normal Exchequer sources (e.g. tax revenue or borrowing).
The 2013 Act provided for a new area the Natural Environment to be added to the list of categories that may be funded by the Lottery. However, to date, lottery money has not been applied to this area. Decisions on lottery funding for the Natural Environment are being considered in the context of the level of funds available for Good Causes in the relevant year.
322. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if it is possible for the Valuation Office to value foreshore as land within the meaning of section 3 of the Valuation Act 2001; and if he will make a statement on the matter. [29165/15]
View answerThe Valuation Act 2001 provides in Schedule 3, paragraphs 1(a) and (b) that all buildings and lands used for any purpose including constructions affixed thereto are rateable. The basic premise under the Act is that all interests (including buildings) and all developed land are rateable unless expressly exempted under Schedule 4.
For rateable valuation purposes, the administrative boundary area, defines the jurisdiction of the rating authority area concerned at a particular point in time. It may be noted that a rating authority may apply to have its administrative boundary altered in accordance with the provisions of the Boundary Survey (Ireland) Acts 1854-59.
The foreshore, under Irish legislation, extends from the mean High Water Mark to a point 12 nautical miles from the Low Water Mark. Section 227 of the Local Government Act, 2001 provides, inter alia, that land which is above the ordinary high water mark for the time being and which is formed by reclamation or other construction works or by natural accretion or otherwise shall, notwithstanding the provisions of any other enactment, for all purposes, including all functions conferred on a local authority by this or any other enactment, be included in and form part of the county or city to which it is contiguous or connected or where it adjoins or is connected to more than one such county or city.
The Valuation Tribunal determination in Appeal No. VA12/1/016 delivered in August 2012 said that the provisions of section 227 do not apply to land that is not above the high water mark.
323. Deputy Noel Coonan asked the Minister for Public Expenditure and Reform if his Department plans to enact a Labour Court decision in favour of a pension scheme for supervisors and assistant supervisors of community employment schemes; the levels of discussion currently under way in this regard; the likelihood of a pension scheme being initiated; and if he will make a statement on the matter. [28242/15]
View answer332. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform his views on the Government's previous commitment to provide gratuity payments to Foras Áiseanna Saothair – the Irish National Training and Employment Authority's community employment supervisors and assistant supervisors. [28731/15]
View answerI propose to take Questions Nos. 323 and 332 together.
I refer the Deputy to my previous reply on this matter in Question No. 127 of 9 July. There are no discussions underway on the issue.
324. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 290 of 23 June 2015, the options open to a member of the public who is still dissatisfied with the way the Ombudsman investigated that person's complaints, and with the in-house complaints process; and if he will make a statement on the matter. [28288/15]
View answerThe reply to PQ No. 290 explained about the independent role of the Ombudsman and outlined details of the non-statutory internal appeals procedure for decisions of the Ombudsman. This allows for a re-examination of a complaint by a caseworker who has had no previous involvement in the case and who is in a more senior position than the original caseworker. Details of this procedure are available on the Ombudsman's website. As with any public body, if a member of the public is dissatisfied with an action or decision taken, it is open to the person to take a case for judicial review against the Ombudsman or indeed the public body about which the original complaint was made.
325. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 98 of 12 June 2014, the outcome of the legal cost application made by the Commission for Public Service Appointments; the amount the proceeding has cost to date; his views on whether an alternative dispute resolution may have been more cost-effective in dealing with the matter; and if he will make a statement on the matter. [28289/15]
View answerI understand that the costs arising from the Commission for Public Service Appointments' successful defence of a Judicial Review case have not yet been settled and have been referred to the Taxing Master. I consider therefore that it would be inappropriate for me to comment on this matter pending the conclusion of the hearing on costs.
326. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the extent to which public servants, who have opted for part-time work for parenting reasons, may opt back to full-time positions; and if he will make a statement on the matter. [28293/15]
View answerAs part of my responsibilities as Minister for Public Expenditure and Reform, I have overarching responsibility for the terms and conditions of employment of public servants. However, specific policies relating to work sharing in each of the sectors, other than the civil service, are dealt with by the appropriate responsible minister. This approach means that work-sharing schemes can be designed to take account of the human resource requirements in individual sectors.
In the Civil Service, the work-sharing scheme provides for civil servants opting to work on a part time basis for a variety of reasons, including parenting reasons. The minimum period for which a person may opt to work-share is 12 months. There is provision for a review of work-sharing arrangements at the end of the initial period of 12 months and every 12 months thereafter. Any civil servant who has work-shared for a period of 12 months may apply to vary the agreed arrangements or return to full time duties. Any request for change will be considered in the light of the business needs of the area and/or Department and the personal responsibilities and obligations of the civil servant concerned.
327. Deputy Noel Harrington asked the Minister for Public Expenditure and Reform his plans to include the new Eircode postcode in all schemes and administrative roles operated by his Department; and if he will make a statement on the matter. [28320/15]
View answerAs the Deputy will be aware my department does not administer any large schemes aimed at the general public which would necessitate the immediate inclusion of Eircode data on to the Department's databases. It will be incorporated into databases on an on-going basis and as the need arises.
328. Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform if he will publish the details of all side-deals to the Lansdowne Road agreement on public sector pay. [28444/15]
View answerI refer to my reply to Parliamentary Question No. 1 of 2 July 2015.
329. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the position in respect of the sale of an estate (details supplied) in County Cork; the steps taken by him to safeguard the property interests of the State in such transactions; and if he will make a statement on the matter. [28475/15]
View answerUnder Section 28 (2) of the State Property Act 1954, the Minister for Finance assumes responsibility for all personal property and land vested in or held in trust for a body corporate (other than personal property or land held by such body in trust for another person) immediately prior to its dissolution. Upon the dissolution of the body corporate, such property becomes State property. The effect of Section 28 is that the Minister does not hold the assets of dissolved companies as beneficial owner. He holds them in trust. The title which the Minister acquires under this Section has been described as a defeasible title since, if the dissolved company is restored to the Register of Companies within twenty years of the date of its dissolution, its property is automatically restored to it. The State Property Act also includes, in Section 31, a power for the Minister to waive the interest acquired under Section 28 of the Act. The relevant functions under the State Property Act transferred in 2011 to the Minister for Public Expenditure and Reform.
It is understood that the property which is the subject of the current question was held within a company which was struck off the Register of Companies in September, 1972 for failure to file annual returns with the Companies Office. The beneficial owner of the property applied to the Department of Finance for a waiver of the interest acquired by the Minister for Finance under the provisions of the State Property Act and that waiver, in respect of which the consideration was £160, was completed in October, 1986. The effect of the waiver, which was not a sale by the State, would have been to allow the beneficial owner to complete the process of assembling a satisfactory title. The waiver itself would have formed only a limited element in the establishment of that title and the transaction was a normal exercise of Departmental functions. The price which the beneficial owner may have secured in a subsequent sale was not a matter for consideration in the context of the waiver and, accordingly, would not merit enquiry by me at this juncture. This issue has been the subject of previous voluminous correspondence and I understand that the Office of the Chief State Solicitor wrote to an individual in 2013 concerning the transaction which set out the legal position.
I am advised that all applications for waiver of property falling within the scope of Section 28 of the State Property Act are referred to the Office of the Chief State Solicitor for legal advice and that any policy issues that may arise in particular cases are given full consideration on their merits.
330. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform if his Department compiles a list across all Departments of the State funding that is awarded to foreign private companies and indigenous private companies each year; and if he will make a statement on the matter. [28679/15]
View answerMy Department does not compile a list of the State funding that is awarded to foreign private companies or to indigenous private companies. Grant funding of this nature is managed through relevant departments and their agencies.
333. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform if, in view of the economic importance of the Ringaskiddy area and recent approval by An Bord Pleanála for the port of Cork to relocate its operations to Ringaskiddy, subject to improvements to the road network, he will prioritise the upgrading of the N28 in the Government's capital plan; and if he will make a statement on the matter. [28810/15]
View answerMy Department has led a review of the public capital investment needs of the State for the five year period 2016-2020. The outcome of this review will be set out in the Medium Term Capital Investment Framework Report which will outline the Government's decisions in relation to the capital allocations for Departments for the period to 2020. We now expect to publish the review in September, after the Government has considered and made its decisions on future capital investment.
Responsibility for the deployment of each Department's capital allocation and for the selection, progression and prioritisation of individual projects within these allocations will remain primarily matters for the Minister and Department concerned, working with their agencies, and subject to the relevant requirements of the Public Spending Code.
334. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform regarding the implementation of new public service sick leave in 2014, the amount saved as a result of these measures; if the lost time rate was reduced as a result of these measures; if there has been a reduction in the average days lost per whole-time equivalent employee; the expected savings in terms of money and time from these measures in 2015; and if he will make a statement on the matter. [28826/15]
View answerThe 2014 sick leave statistics present the first information available on the impact of the Public Service Sick Leave Scheme, introduced on 31 March 2014 for the majority of public servants and on 1 September 2014 for the Education Sector.
While the revised scheme was not in operation for the full twelve month period, the statistics illustrate that the new arrangements have made a significant impact in terms of savings.
The total cost of sick leave across the public service for 2014 is €319.3 million, a decrease of almost €51.5 million (14%) compared to 2013.
In terms of absenteeism rates, the Lost Time Rate across the Public Service reduced by 0.3% to 4.0% and the average number of days lost to sick leave per Full-Time Equivalent is 8.7 days, a reduction of 0.8 days from 2013.
While it is expected that further savings on the 2013 baseline cost of sick leave for the public service will be achieved in 2015, it is not possible to accurately project the level of these savings in precise terms.
A full breakdown of the cost and absenteeism rates, including trends between 2013 and 2014, is available for the public service and individual sectors at http://hr.per.gov.ie/.
