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Wednesday, 6 Apr 2016

Written Answers Nos. 198 - 228

Capital Expenditure Programme

Questions (198)

Pearse Doherty

Question:

198. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform for a breakdown of the line item "public capital plan" for each of the years 2016 to 2021, inclusive, contained in the 2016 budget manual, page C.51, table A9, line 5. [5579/16]

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Written answers

The line item referred to in the Deputy's question is calculated from the difference between the gross voted capital ceilings 2016-2021 as published in the Stability Programme Update (SPU) in April 2015 and the gross voted capital ceilings as published in the capital plan "Building on Recovery: Infrastructure and Capital Investment" in September 2015.  The increases in Exchequer capital investment over that published in the SPU range from an extra €0.1bn in 2016 to an extra €1.6bn in 2021.

Given the effect of capital smoothing whereby a four year average is taken, this results in only a quarter of the increases in the Public Capital plan having an impact on estimated fiscal space derived using the Expenditure Benchmark.  For example, the €0.4bn increase in the 2018 capital ceiling in the capital plan compared to the SPU will only use €0.1bn of projected fiscal space.

Flood Relief Schemes Status

Questions (199, 200)

Dara Calleary

Question:

199. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the status of flood prevention schemes (details supplied) in County Mayo; the works that have been undertaken by the Office of Public Works on the rivers in question since November 2015; if there have been meetings of all the stakeholders involved on the rivers; the action points of these meetings; and if he will make a statement on the matter. [5620/16]

View answer

Dara Calleary

Question:

200. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the applications he has received from Mayo County Council under the minor flood mitigation scheme in 2015 and in 2016 to date; the level of funding sought under each application; the status of each application; when he will make a final decision; and if he will make a statement on the matter. [5621/16]

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Written answers

I propose to take Questions Nos. 199 and 200 together.

The Office of Public Works (OPW) is currently undertaking the design of a flood relief scheme for Crossmolina on the River Deel. Options have been devised to deal with flooding problems in the town and a public information day will be held on Friday, 8th April to ascertain the public's view on the proposed measures. Subject to agreement on the proposed measures, the scheme will be brought through further investigation, formal public exhibition and onto detailed design and construction.

The River Moy Arterial Drainage Scheme was carried out by the OPW under powers contained in the Arterial Drainage Act 1945. The purpose of Arterial Drainage Schemes was primarily to improve the drainage of agricultural lands to enhance production. This typically involved lowering or widening river beds to facilitate the drainage and discharge of neighbouring lands and drainage channels. While not the primary purpose of the Schemes, they did also provide enhanced conveyance capacity where they passed through towns, villages and dispersed rural communities that in turn has reduced the flood risk to properties in these areas.

Under the Act, the OPW has a statutory duty to maintain completed schemes in proper repair and in an effective condition. In compliance with this duty, the OPW carries out an ongoing programme of maintenance work on the River Moy scheme. The annual maintenance programme typically involves some clearance of vegetation and removal of silt build-up on an average five-yearly cycle. The OPW is not involved in any flood prevention scheme on the River Moy outside of its maintenance programme.

The OPW is currently considering applications received from Mayo County Council under the Minor Flood Mitigation Works and Coastal Protection Scheme for Crossmolina, Ballina and Foxford, and will communicate with the Council when decisions are made on these applications. Details of applications under this scheme submitted by Mayo County Council in 2015 and in 2016 to date are set out in the following table:

Application

Amount Sought

Status of Application

2015

Barnagreggaun, Mossbrook

€6,400

Approved

Dugort, Achill

€12,000

A revised application to be submitted by the Council

2016

Salmon Leap Cottage, Belclare, Westport

€10,000

Approved

Bachelor's Walk, Ballina

€410,000

Currently under consideration

Crossmolina, River Deel

€49,000

Currently under consideration

Green Road, Foxford

€76,752

Currently under consideration

Flood Relief Schemes Status

Questions (201)

Jim Daly

Question:

201. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the status of the commencement dates of the Skibbereen and Clonakilty flood relief schemes; and if he will make a statement on the matter. [5629/16]

View answer

Written answers

The Skibbereen Flood Relief Scheme is being advanced by Cork County Council and the Scheme has been Confirmed by the Minister for Public Expenditure and Reform.

Cork County Council, as the Contracting Authority for the Scheme, is progressing the tender process for a civil works contractor to undertake the works and tenders for the contractor for the Scheme were received on 5 February, 2016. The assessment of tenders is ongoing and the appointment of a contractor is expected by mid-May. Construction of the Scheme is expected to commence shortly thereafter.

It is anticipated that construction of the Skibbereen Scheme will take approximately 24-30 months to complete.

In relation to the Clonakilty Flood Relief Scheme, a preferred scheme design option was presented at a statutory Public Exhibition which took place from 15 December 2014 to 20 January 2015. Detailed design of the scheme is underway which will be followed by a procurement process for a civil works contractor and the formal confirmation of the scheme under the Arterial Drainage Acts. Subject to successful completion of the tender and confirmation processes, it is hoped that construction will start in early 2017 and will take approximately two years to be completed.

The Government remains fully committed to the provision of the flood relief schemes for the people of Skibbereen and Clonakilty. Funding for the Schemes is available and the OPW has made provision for the cost of implementing the Schemes in its financial profiles over the years 2016-2019.

Office of Public Works Expenditure

Questions (202, 203)

Brendan Griffin

Question:

202. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will increase the Office of Public Works river and flood maintenance budget for the south west region for 2016, as there is an unprecedented amount of maintenance work necessary to prevent highly expensive capital works in the future; if he will outline the 2015 fund versus the 2016 amount for maintenance; and if he will make a statement on the matter. [5741/16]

View answer

Brendan Griffin

Question:

203. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform his views on whether the Office of Public Works capital budget provision for 2016 can realistically be spent in 2016; if not, if he will transfer part of the funding to the maintenance budget for 2016 as there is an unprecedented amount of maintenance work necessary to prevent highly expensive capital works in the future; and if he will make a statement on the matter. [5742/16]

View answer

Written answers

I propose to take Questions Nos. 202 and 203 together.

The outturn on the Drainage Maintenance Vote for 2015 was €14.861million. The estimate for this vote for 2016 is €15.338m. Part of this estimate included a contingency fund of €300,000. As a result of the damage inflicted by Storm Imogen on the embankments on the Maine C.D.S. this fund has been allocated to carry out repairs to said embankments. The Government has allocated €52.561 million towards capital flood relief measures in 2016 which allows for the design, planning and construction of major flood relief schemes, the funding of minor works projects undertaken by local authorities and the progression of Strategic Studies and Programmes including the CFRAMs, Flood Studies Update and Flood Risk Data Management. There are almost 40 major schemes currently at various stage of advancement and it is hoped to commence construction on up to eight major schemes this year. It is therefore envisaged that the full allocation under the Capital Programme will be fully spent in the current year.

The Office of Public Works (OPW) sees no scope to transfer funding to the maintenance budget. The OPW maintenance programme and funding nationally including the South West is fully committed for 2016 in any event. However, the OPW continuously monitors the projected outturn on each of the Subheads of expenditure on the OPW Vote. In the event of possible savings or excesses the OPW may apply to the Department of PER to vire funding between Programmes or Subheads.

Local Authorities also have responsibilities for maintenance under the Drainage Districts under their control in respective areas. Such maintenance is a matter for each Local Authority within their own financial budgets.

Labour Court Recommendations

Questions (204, 205)

Brendan Griffin

Question:

204. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the reason a Labour Court recommendation of 22 July 2008 (details supplied), which stated that an agreed pension scheme should be introduced for community employment scheme supervisors and assistant supervisors, has not been acted upon; his views that while Foras Áiseanna Saothair, the Irish National Training and Employment Authority, was the recognised funding agency at the time, he now fulfils this role; if it is acceptable that almost seven years have passed since the Labour Court recommendation; and if he will make a statement on the matter. [5747/16]

View answer

Brendan Griffin

Question:

205. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will put a pension scheme in place for community employment supervisors and assistant supervisors, as per the Labour Court recommendation of July 2008 (details supplied); if he will make the scheme retroactive to 2008; and if he will make a statement on the matter. [5748/16]

View answer

Written answers

I propose to take Questions Nos. 204 and 205 together.

As the Deputy will be aware unions representing CE Supervisors and Assistant Supervisors have sought the provision of Exchequer funding to implement a Labour Court recommendation relating to the provision of a pension scheme dating back to 2008. However the position has remained that it is not possible for the State to provide funding for such a scheme to employees of private companies even if those companies are or were reliant on State funding.   

Notwithstanding this the matter has remained under review and I held a constructive meeting with SIPTU and IMPACT trade unions in relation to this matter. Having listened to their respective positions I have reconvened the Community Sector High Level Forum which ceased operation some years ago in order that this matter is fully examined, having regard to costs and precedent.

The forum commenced its work on 27 November 2015.  A further meeting of this Forum is scheduled to take place shortly.

Inniúlacht sa Ghaeilge sa Státseirbhís

Questions (206)

Éamon Ó Cuív

Question:

206. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Caiteachais Phoiblí agus Athchóirithe cad é an líon iomlán daoine nua a ceapadh i bpoist sa Státseirbhís le linn na bliana 2015; cén líon de na fostaithe nua seo a cuireadh chuig gach Roinn ar leith; cén líon de na státseirbhísigh nua seo a ceapadh chuig poist a bhí daingnithe mar phoist a raibh riachtanas Gaeilge ag baint leo i ngach Roinn ar leith; agus an ndéanfaidh sé ráiteas ina thaobh. [5814/16]

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Written answers

Mar is eol don Teachta, is í an tSeirbhís um Cheapacháin Phoiblí (PAS) an ghníomhaireacht earcaíochta láraithe don státseirbhís.

Clúdaíonn an t-eolas a leanas na feachtais agus iarratais folúntas a raibh baint ag PAS leo.

Is é líon iomlán na sannachán atá déanta ag PAS don státseirbhís ná 4,144 in 2015. Is féidir nár ghlac gach ceann de na hiarrthóirí le post agus is féidir gur státseirbhísigh iad roinnt díobh ar éirigh leo i gcomórtas do ghrád níos airde.

Níl eolas ar líon na sannachán do Ranna ar fáil taobh istigh den am atá ar fáil, ach nuair atá sé ar fáil seolfaidh mé chuig an Teachta é.

Phróiseáil PAS iarrthóirí do ghrádanna státseirbhíse ginearálta Príomhoifigeach, Príomhoifigeach Cúnta, Oifigeach Feidhmiúcháin agus Oifigeach Cléireachais i 2015.

Is é seo a leanas achoimre de stádas reatha na bpainéal a cruthaíodh ó na comórtais OC agus OF d'iarrthóirí dátheangacha feidhmiúla:

Feachtas OF

Cruthaíodh painéal iarrthóirí dátheangach feidhmiúil mar chuid den chomórtas OF. Go dtí seo, tá 22 iarrthóir cáilithe agus cuireadh ar phainéil iad. Sannadh 14 den phainéal in 2016 agus sannfar na h-iarrthóirí eile den phainéal go luath.

Feachtas OC 2014

Cruthaíodh painéal iarrthóirí dátheangach feidhmiúil mar chuid den chomórtas OC. Go dtí seo, tá 30 (as líon tosaigh 745) cáilithe agus tairgeadh folúntais dóibh ar fad. Den 22 a ghlac le post, sannadh iad mar a leanas:

- Oifig na gCoimisinéirí Ioncaim 13

- An Roinn Gnóthaí Eachtracha agus Trádála 3

- An Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha 3

- An Roinn Ealaíon, Oidhreachta agus Gaeltachta 2

- Coimisiún na Scrúduithe Stáit 1

Inniúlacht sa Ghaeilge sa Státseirbhís

Questions (207)

Éamon Ó Cuív

Question:

207. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Caiteachais Phoiblí agus Athchóirithe cad é an líon daoine atá ar gach painéal earcaíochta (mar shampla d’oifigigh chléireachais, oifigigh feidhmiúcháin, etc.) de chuid na Seirbhíse um Cheapacháin Phoiblí do dhaoine atá áirithe mar dhaoine atá in ann feidhmiú trí Ghaeilge chomh maith le trí Bhéarla; cé mhéad duine as na painéil sin a ceapadh i bpoist a raibh riachtanas Gaeilge ag baint leo ó thús 2015 go dáta; cén uair a bheidh fostaíocht sa Státseirbhís i bpoist le riachtanas Gaeilge faighte ag gach duine atá ar na painéil sin; agus an ndéanfaidh sé ráiteas ina thaobh. [5815/16]

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Written answers

Mar is eol don Teachta, is í an tSeirbhís um Cheapacháin Phoiblí (PAS) an ghníomhaireacht earcaíochta láraithe don státseirbhís.

Clúdaíonn an t-eolas a leanas na feachtais agus iarratais folúntas a d'eagraigh PAS, eagraithe de réir an ghráid.

Feachtas Príomhoifigigh

Léirigh 11 iarrthóir den phainéal reatha PO  spéis i bhfolúntas ina bhfuil gá le scileanna Gaeilge. Nuair a gheofar iarratas do dhuine dátheangach feidhmiúil ag an leibhéal seo, déanfar scrúdú ar chumas na n-iarrthóirí sin sa Ghaeilge. Sannfar ansin iad má chomhlíonann siad an caighdeán riachtanach.

Feachtas Príomhoifigigh Cúnta

D'iarradh ar iarrthóirí ar mhaith leo go gcuirfí san áireamh iad d'fholúntas ina raibh gá le scileanna Gaeilge. Nuair a gheofar iarratas do dhuine dátheangach feidhmiúil ag an leibhéal seo, déanfar scrúdú ar chumas na n-iarrthóirí sin sa Ghaeilge. Sannfar ansin iad má chomhlíonann siad an caighdeán riachtanach. Fuarthas iarratas amháin ó iarrthóir le Gaeilge. Nuair a thairgeadh an post, áfach, ní raibh spéis ag aon iarrthóir ann.

Feachtas Oifigigh Riaracháin

D'iarradh ar iarrthóirí ar mhaith leo go gcuirfí san áireamh iad d'fholúntas ina raibh gá le scileanna Gaeilge. Nuair a gheofar iarratas do dhuine dátheangach feidhmiúil ag an leibhéal seo, déanfar scrúdú ar chumas na n-iarrthóirí sin sa Ghaeilge. Sannfar ansin iad má chomhlíonann siad an caighdeán riachtanach.

Feachtas Oifigigh Feidhmiúcháín

Cruthaíodh painéal d'iarrthóirí dátheangach feidhmiúil mar chuid den chomórtas oifigigh feidhmiúcháin. Go dtí seo, tá 22 iarrthóir cáilithe agus cuireadh ar phainéal iad. Sannadh 14 díobh in 2016 agus sannfar na hiarrthóirí eile den phainéal go luath.

Feachtas Oifigigh Cléireachais 2014

Cruthaíodh painéal d'iarrthóirí dátheangach feidhmiúil mar chuid den chomórtas OC. Go dtí seo, tá 30 (as líon tosaigh 745) cáilithe agus thairgeadh folúntais dóibh ar fad. As an 22 a ghlac le post, sannadh mar a leanas iad:

- Oifig na gCoimisinéirí Ioncaim 13

- An Roinn Gnóthaí Eachtracha agus Trádála 3

- An Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha 3

- An Roinn Ealaíon, Oidhreachta agus Gaeltachta 2

- Coimisiún na Scrúduithe Stáit 1

Sannadh an líon iarrthóirí a leanas go postanna ina bhfuil gá le Gaeilge ó thús 2015 go dtí seo:

Sannadh 36 go Ranna mar a leanas;

- 14 Oifigeach Feidhmiúcháin

- 22 Oifigeach Cléireachais

Ní féidir le hiarrthóirí a bheith sannta go post ina bhfuil gá le dátheangachas feidhmiúil ach amháin nuair a fhaightear iarratas ó Roinn.

Fanfar na painéil in áit go dtí:

- OC tá sé ar intinn go bhfógrófar feachtas nua sa dara ráithe de 2016. Rachaidh an painéal reatha as feidhm nuair atá painéal ón bhfeachtas nua in áit. Táthar ag súil go mbeidh an painéal nua in áit roimh dheireadh an tríú ráithe de 2016.

- OF rachaidh an painéal idir-rannach as feidhm in Aibreán 2017.

- POC rachaidh an painéal idir-rannach as feidhm in Aibreán 2017.

- PO rachaidh an painéal as feidhm ag deireadh 2016/tús 2017.

Inniúlacht sa Ghaeilge sa Státseirbhís

Questions (208, 209)

Éamon Ó Cuív

Question:

208. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Caiteachais Phoiblí agus Athchóirithe cad é an líon iomlán foirne atá fostaithe ina Roinn faoi láthair; cé mhéad duine acu siúd atá ag feidhmiú i bpoist atá daingnithe (i scéim teanga, nó ar aon bhealach eile) mar phoist a bhfuil riachtanas Gaeilge ag baint leo; an bhfuil sé i gceist aon phoist eile de chuid na Roinne a aithint mar phoist a bhfuil riachtanas Gaeilge ag baint leo; agus an ndéanfaidh sé ráiteas ina thaobh. [5828/16]

View answer

Éamon Ó Cuív

Question:

209. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Caiteachais Phoiblí agus Athchóirithe an bhfuil sé mar dhualgas oifigiúil ar bhaill foirne aonair ar leith de chuid a Roinne seirbhís a sholáthar trí Ghaeilge d’aon duine a lorgaíonn í nó an ar bhonn deonach amháin a thoilíonn baill foirne a Roinne seirbhís trí Ghaeilge a sholáthar; agus an ndéanfaidh sé ráiteas ina thaobh. [5844/16]

View answer

Written answers

Tógfaidh mé Ceisteanna Uimhireacha 208 agus 209 le chéile.

Mar fhreagra ar cheist an Theachta, is féidir liom a dhearbhú go bhfuil de chumas ag ochtar ball foirne obair na Roinne a dhéanamh trí Ghaeilge, is ionann sin agus thart ar 1% den líon foirne.  B'fhéidir go bhfuil cuma íseal ar an bhfigiúr seo, ach is cinnte gur leor é chun freastal ar riachtanais na heagraíochta.  Mar gheall ar an ról atá aici, ní bhíonn mórán plé ag mo Roinn leis an ngnáthphobal, cur i gcás i gcomhthéacs scéimeanna nó seirbhísí dírithe ar dhaoine aonair a sholáthar.  Mar sin féin, déanann mo Roinn monatóireacht ar an éileamh atá ar a cuid seirbhísí trí mheán na Gaeilge chun a chinntiú go gcomhlíontar é.  Níl aitheantas tugtha do aon phoist nó réimsí oibre faoi mo chúram go mbeadh gá acu le hoifigigh atá inniúil sa dá theanga.   

Leanfar le socruithe lena chinntiú sa chás nach bhfuil comhalta foirne le líofacht Ghaeilge ar fáil i Rannáin, nó sa chás nach bhfuil duine den sórt sin ar fáil, go soláthróidh comhalta foirne ainmnithe ó Rannán eile an tseirbhís trí Ghaeilge nuair is gá.

Public Sector Staff Recruitment

Questions (210)

Denis Naughten

Question:

210. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform when the current recruitment process for clerical officer positions in the Civil Service will conclude; the number of positions to be filled, by Department; the number of successful applicants already placed under the current round of recruitment; and if he will make a statement on the matter. [5878/16]

View answer

Written answers

As the Deputy will be aware, recruitment to the Civil Service is regulated by the Public Service Management (Recruitment and Appointments) Act 2004. The Act established the Public Appointments Service (PAS) as the centralised recruitment body for the Civil and Public Service.

  I have been informed by the Public Appointments Service (PAS) that the information sought by the Deputy is as follows:

Permanent Clerical Officer Nationwide Campaign

This campaign was advertised in June 2014.  To date 1,189 assignments have been made to Civil Service posts.

Vacancies will continue to be filled off this panel until a new panel is in place.  It is planned to advertise a new Clerical Officer campaign in Q2 2016.

There are currently 246 vacancies to be filled across the Civil Service.

Temporary Clerical Officer (TCO) Campaigns

TCO 2015 Campaign 2,099 candidates have been assigned to date to temporary positions from this campaign. This is for both civil and public service.

TCO 2016 Campaign the first round of interviews are due to be held on Saturday 9 April 2016 the results of which are expected to issue by 14 May 2016.  At that point the TCO 2015 panel will close and the TCO 2016 panel will become active.

Capital Expenditure Programme

Questions (211)

Pearse Doherty

Question:

211. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform for a breakdown of the €27 billion Exchequer component of his expenditure proposal contained in the Infrastructure and Capital Investment Plan 2016 to 2021. [6007/16]

View answer

Written answers

The breakdown of the Exchequer Capital Investment is outlined in Table 1 on page 21 of the capital plan publication "Building on Recovery: Infrastructure and Capital Investment 2016-2021".  Any queries on the specific projects/programmes to be funded from within these allocations are a matter for the relevant Minister/Department.

Capital Expenditure Programme

Questions (212)

Pearse Doherty

Question:

212. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform for a breakdown of the €14.5 billion non-Exchequer component of his expenditure proposal contained in the Infrastructure and Capital Investment Plan 2016 to 2021; and the details of the form of funding and the lender or lenders he envisages for this figure. [6008/16]

View answer

Written answers

Non-Exchequer investment constitutes investment by commercial and some non-commercial state entities.  The breakdown of the €14.5 billion non-Exchequer component of the Capital Plan is set out in the following table:

Non-Exchequer Semi-state Funding

-

Sector

€billion

Commercial

Water

  4.00

Energy Network Infrastructure (Gas & Electricity)

  4.00

Energy Generation

   1.75

Smart Metering

  0.50

Transport (including ports and airports)

  0.70

Other commercial (including Coillte, Bord na Mona, An Post, RTE, National Stud, Bord na gCon)

  0.95

Non-commercial

Housing (including Local Authority and Social Housing/Housing Finance Agency)

  2.20

Enterprise Ireland

  0.25

Other non-commercial (IDA, Environmental Services, inland Fisheries, OSI, Teagasc, Udaras, IFB)

  0.20

Total

14.55

The Deputy will appreciate that specific details of the investments for these bodies including in relation to funding arrangements are, in many cases, subject to considerations of commercial sensitivity.  However, in overall terms it is expected that these investments will be funded by internally generated cashflow and external borrowings by the bodies involved.  In the case of the capital programme for Irish Water, a mixture of Government equity/capital contributions and external finance is envisaged.

Flood Prevention Measures

Questions (213)

Michael Lowry

Question:

213. Deputy Michael Lowry asked the Minister for Public Expenditure and Reform to investigate the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [6104/16]

View answer

Written answers

The River Nenagh Catchment Drainage Scheme was carried out by the Office of Public Works (OPW) under the Arterial Drainage Act 1945, and the OPW has statutory responsibility for maintenance of the drainage works. Each year the OPW carries out work to approximately 2,000km of channels and about 200 structures around the country as part of its ongoing and rolling arterial drainage maintenance programme. While the average cycle of maintenance is generally in the range 4 to 7 years, the OPW assesses annually the maintenance requirement.

While I am advised that the OPW has not given any indication to the landowner concerned in relation to future works, I have asked the OPW Regional Engineers to make contact with the landowner to set out their plans for the maintenance of this part of the River Nenagh Catchment Drainage Scheme.

Office of Public Works Projects

Questions (214)

Brendan Griffin

Question:

214. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform when he will invite tenders for a lease on lands (details supplied) in County Kerry; and if he will make a statement on the matter. [6123/16]

View answer

Written answers

The Office of Public Works will invite tenders for licence of the lands in question in Co. Kerry before the end of April 2016.

Peace and Reconciliation Programme

Questions (215)

Brendan Smith

Question:

215. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform if he has published details of all measures to be supported under the PEACE IV programme; if not, when he will announce the remaining details; the particular programmes announced to date; the level of funding available for each programme; and if he will make a statement on the matter. [6131/16]

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Written answers

The PEACE IV Programme was adopted by the European Commission on 30 November 2015.  It was launched on 22 January 2016 at an event in the Skainos Centre in Belfast, which I attended along with my Northern Ireland colleague, Mervyn Storey MLA, Minister for Finance & Personnel.

The Programme is co-funded by the Irish Government, the Northern Ireland Executive and the European Commission and has a total value of €269 million, including €229 million from the European Regional Development Fund.

The PEACE IV Programme is comprised of four themes:

- Shared Education (total value €35.3 million);

- Children and Young People (total value €67.1 million);

- Shared Spaces and Services (total value €99.4 million); and

- Building Positive Relations (total value €51.7 million).

The Programme also includes an allocation of €15 million for Technical Assistance.

Four calls for applications have been launched to date, two on 3 March 2016 (Shared Spaces & Services Provision of Services for Victims and Survivors; and Building Positive Relations Peace Action Plan) and two on 24 March 2016 (Shared Education and Building Positive Relations Regional Level Projects).

The full text of the PEACE IV Cooperation Programme and details of the individual calls are published on the website of the Special EU Programmes Body (SEUPB) which is the Managing Authority for the PEACE IV Programme.

Public Sector Pensions

Questions (216)

Jack Chambers

Question:

216. Deputy Jack Chambers asked the Minister for Public Expenditure and Reform his plans to roll out a new early retirement package for those in the public sector who are over 50 years of age; and if he will make a statement on the matter. [6223/16]

View answer

Written answers

My direct responsibilities in relation to numbers employed and their terms and conditions relate to the Civil Service.  I have no plans to introduce a general early retirement package across the public service for those who are over 50 years of age. 

Ministerial Advisers Remuneration

Questions (217)

Jack Chambers

Question:

217. Deputy Jack Chambers asked the Minister for Public Expenditure and Reform the amount spent by Ministers and Ministers of State on special advisers, special press advisers, and other types of ministerial advisers in each of the years 2013 to 2015. [6224/16]

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Written answers

The following table sets out the amount spent on the two special advisers employed by the Department of Public Expenditure & Reform for the years 2013, 2014, 2015.

Year

Salary Cost

Employer PRSI

Other (allowances etc)

Total Cost

2013

€196,684

€19,364

0

€216,049

2014

€190,925

€18,837

0

€209,762

2015

€198,268

€19,575

0

€217,844

Flood Relief Schemes Status

Questions (218, 219)

Anne Rabbitte

Question:

218. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform if he will provide an update on the timeframe for the completion of flood relief works on the Dunkellin river following An Bord Pleanála approval; and if he will make a statement on the matter. [6271/16]

View answer

Anne Rabbitte

Question:

219. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform if he will provide an update on the expected additional costs on planning conditions set out by An Bord Pleanála for approval for flood relief works on the Dunkellin river; if these measures will have an impact on the timeframe for the completion of the project; and if he will make a statement on the matter. [6272/16]

View answer

Written answers

I propose to take Questions Nos. 218 and 219 together.

Galway County Council (GCC) is the Contracting Authority with overall responsibility for the management and implementation of the Dunkellin River and Aggard Stream Flood Relief Scheme, which is being funded by the Office of Public Works. It is not expected that there will be any significant additional costs or programme implications as a result of the conditions set out by the recent An Bord Pleanála decision.

GCC, I understand, are, as the contracting authority, concerned to advance this scheme as promptly as conditions allow. The Government remains fully committed to the provision of a flood relief scheme for the Dunkellin River and Aggard Stream and the OPW has made provision for the cost of implementing the Scheme.

EU Directives

Questions (220)

Mick Wallace

Question:

220. Deputy Mick Wallace asked the Minister for Jobs, Enterprise and Innovation if he has updated Regulation (EC) 1606/2002, an international accounting standard, to reflect Article 4(3) of Directive 2013/34/EU; and if he will make a statement on the matter. [5556/16]

View answer

Written answers

Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (the “IAS Regulation”) is an EU Regulation with direct effect on the companies to which it applies. It provides that certain companies must prepare consolidated financial statements (or “group financial statements”) in conformity with international accounting standards (i.e. International Financial Reporting Standards or “IFRS”), where those IFRS standards have been adopted by the European Commission. The Regulation also allows Member States to require or permit such companies to prepare their entity financial statements in conformity with IFRS and to require or permit other companies to prepare their entity and/or consolidated financial statements in conformity with IFRS. The Regulation sets out the procedure by which the Commission adopts or endorses the IFRS standards and states, in Article 3(2), that those standards can only be adopted if:

- they are not contrary to the principle set out in Article 2(3) of Directive 78/660/EEC and in Article 16(3) of Directive 83/349/EEC and are conducive to the European public good and,

- they meet the criteria of understandability, relevance, reliability and comparability required of the financial information needed for making economic decisions and assessing the stewardship of management Directives 78/660/EEC and 83/349/EEC applied to entity financial statements and consolidated financial statements respectively.

Article 2, points 3 and 4, of Directive 1978/660/EEC, stated:

3. The annual accounts shall give a true and fair view of the company’s assets, liabilities, financial position and profit or loss.

4. Where the application of the provisions of this Directive would not be sufficient to give a true and fair view within the meaning of paragraph 3, additional information must be given.

Directive 83/349/EEC applied to consolidated accounts and Article 16(3) of that Directive required such accounts to give a true and fair view.

As both Directives have been repealed and replaced by Directive 2013/34/EU, referred to as the new Accounting Directive, references in Regulation (EC) No 1606/2002 to those 2 Directives should be construed as references to the new Accounting Directive. Article 4(3) of that Directive states:

The annual financial statements shall give a true and fair view of the undertaking’s assets, liabilities, financial position and profit or loss. Where the application of this Directive would not be sufficient to give a true and fair view of the undertaking’s assets, liabilities, financial position and profit or loss, such additional information as is necessary to comply with that requirement shall be given in the notes to the financial statements.

This wording is quite similar to the wording that has been repealed.

Article 52 of Directive 2013/34/EU also provides that references to the repealed Directives are to be construed as references to Directive 2013/34/EU.

To date the European Commission has not proposed any amendment to Regulation (EC) No 1606/2002 in this regard. If it does, the proposal will be considered by the Council and the European Parliament.

Local Enterprise Offices Staff

Questions (221)

James Lawless

Question:

221. Deputy James Lawless asked the Minister for Jobs, Enterprise and Innovation to review the local enterprise office policy which restricts mentoring packages to three sessions; and if he will make a statement on the matter. [5617/16]

View answer

Written answers

As you will appreciate, I have no direct role in the day-to-day running of the Local Enterprise Offices (LEOs).

Mentoring is an invaluable tool for new and existing businesses offered by the Local Enterprise Offices. This can be offered as a stand-alone support or in conjunction with direct financial aid in the form of a grant. Clients seeking a mentor complete an application, informing their Local Enterprise Office of their specific mentoring need. The selection of the mentor is made by the LEO, based on the type of mentoring required by the client/company and experience and expertise of the various mentors on their panel. The mentor will carry out an assessment of the business and will liaise with their Local Enterprise Office outlining objectives and also regarding the number of visits they deem necessary. The number of mentoring visits as part of an assignment is a matter for each LEO to decide in consultation with the mentor and is relative to the type of business and/or potential for growth and the available LEO budget.

There is no LEO wide policy in place that limits the mentoring sessions to just three sessions. The budget for this and other support offers is managed at a local level by each Local Enterprise Office.

Construction Contracts

Questions (222)

Róisín Shortall

Question:

222. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation when a statutory instrument or office to enforce the Construction Contracts Act 2013 will be forthcoming; the work already carried out; his plans; and if he will make a statement on the matter. [6238/16]

View answer

Written answers

The Government approved the delegation of responsibility for implementation of the Construction Contracts Act, 2013 to me as Minister for Business and Employment. I am taking all the necessary steps to bring about implementation of the legislation and significant progress has been made to date. I appointed Dr. Nael G. Bunni as Chairperson of the Construction Contracts Adjudication Panel in July last year. I also appointed thirty members of the Panel of Adjudicators in December, following a competitive process conducted by the Public Appointments Service.

In February, I circulated a comprehensive Code of Practice for the conduct of adjudications to the relevant stakeholder organisations. A significant number of observations were received by my Department on the Code and we are now at an advanced stage of considering these. My Department expects to finalise the Code of Practice as soon as possible and will then publish it.

Once the Code of Practice has been published, a date for the commencement of the Construction Contracts Act, 2013 will be announced in advance, in order to provide sufficient notice to those affected by the Act's provisions to incorporate the requisite changes into future construction contracts and to allow for a public information campaign.

Enterprise Ireland

Questions (223)

Seán Fleming

Question:

223. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the level of link-up between Enterprise Ireland and Bord Bia regarding clients who could be assisted by both organisations; where are the lines are drawn between these two organisations with regard to assisting companies that are exporting abroad; the arrangements in place to share information in respect of clients to further assist Irish exporters; and if he will make a statement on the matter. [5424/16]

View answer

Written answers

Enterprise Ireland is responsible for the development and growth of Irish companies in world markets and works in partnership with these companies to help them start, grow, innovate, be competitive and secure export sales. In line with the FoodWise 2025 Strategy (and previously Food Harvest 2020), Enterprise Ireland is committed to working with food and drink companies to help them scale, be competitive and innovative, and to create sustainable jobs across every region in Ireland. Enterprise Ireland has resources in over 30 international locations, facilitating access to more than 60 countries worldwide. Bord Bia’s focus is on the development of markets for Irish food and livestock and for the promotion of Irish food and drink at home and around the world. Bord Bia operates from overseas offices in 11 locations, i.e. Amsterdam, Dubai, Dusseldorf, London, Madrid, Milan, Moscow, New York, Paris, Shanghai and Stockholm with new offices due to open shortly in Singapore and Warsaw. Most offices are co-located with Enterprise Ireland and/or the Irish embassy network.

Both agencies work together to support Irish food & drinks companies to grow jobs and exports. Irish food and drink exports have now experienced six consecutive years of growth to reach €10.8 billion in 2015, which is 52% higher and €3.7 billion more than in 2009.

Enterprise Ireland and Bord Bia link in multiple ways including the following:

(i) Co-location of offices and working through the Local Embassy teams allows the agencies to share information about trade opportunities, client visits and joint promotions.

(ii) Bord Bia is a member of Enterprise Ireland’s Capital Investment Initiative Committee and R&D Committee.

(iii) Bord Bia assists Enterprise Ireland in completing commercial due diligence in relation to proposed investment cases.

(iv) Enterprise Ireland and Bord Bia have jointly undertaken a number of overseas trade missions.

(v) The 4th FoodWorks programme, a dedicated programme for food & drink entrepreneurs developed by Enterprise Ireland, Bord Bia and Teagasc, was recently launched and is currently sourcing new applicants.

Bord Bia supports companies to undertake market research, provides market and consumer insights to the sector and supports food & drink companies to attend trade events. Enterprise Ireland’s overseas offices may assist food & drink clients in regions and in partnership with Bord Bia where Bord Bia does not have an office/resource in place.

Both agencies frequently work together in planning and executing overseas activities and events. Client related information is shared by both agencies providing the client company gives its permission for this.

Enterprise Support Services Provision

Questions (224)

Finian McGrath

Question:

224. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation to provide support to a person (details supplied) in Dublin 5 who wishes to establish a business; and if he will make a statement on the matter. [5483/16]

View answer

Written answers

My Department and its Agencies have a number of supports available for those considering starting a business. The Local Enterprise Offices (LEOs) are now the ‘first-stop-shop’ State support service for micro and small businesses in each local area. The LEOs provide advice and direction, covering all government supports and requirements, to anyone who wishes to start or expand a business. They can also provide funding for projects that meet certain criteria, generally with regard to export potential, and other non-financial supports such as training and mentoring.

In addition, any business can use the LEOs to help them to access finance from Micro Finance Ireland (MFI), which offers loans of up to €25,000 to start-up, newly established or growing micro enterprises (employing less than 10 people) with viable business propositions that do not meet the conventional risk criteria applied by the banks. Applications for the Microfinance Fund should be channelled through the local LEO. Further information is available on the LEO website at www.localenterprise.ie.

Businesses can also access the ‘Supporting SMEs’ online search tool that was launched last year. By answering eight questions, a small business will be able to:

- Find out which of the over 80 Government business supports from 27 different Government Departments, Agencies and Initiatives are available to them;

- obtain information on the range of Government supports for accessing credit;

- identify their nearest Local Enterprise Office where they can discuss the outcomes of the guide further;

- download all these filtered results into a document for their further use.

Supports available from the LEOs include:

- Start-your-own-business training courses,

- Market research information,

- Business planning advice and templates,

- Access to experienced business mentors, and

- Feasibility grants and co-investment for your plans.

The ‘Supporting SMEs’ Online Tool is available at: www.actionplanforjobs.ie.

For enterprises in the Dublin City Council area the contact details for the LEO Dublin City are: Civic Offices, Block 4, Floor 1, Wood Quay, Dublin 8, Tel: 01 222 5611/2, email: info@leo.dublincity.ie.

Enterprise Ireland (EI) offers a range of start-up supports to entrepreneurs in relation to businesses with potential to trade internationally. EI’s Competitive Start Fund was launched as a direct response to the needs of early-stage client companies regarding financing in the start-up and market-launch process. Another key programme is EI’s New Frontiers Programme which was developed to support entrepreneurs and accelerate the development of sustainable early stage businesses with strong employment and growth potential.

Local Enterprise Offices

Questions (225)

Catherine Murphy

Question:

225. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the reason local enterprise office mentoring sessions for new and expanding business are limited to only two mentoring sessions, given the potential return on investment and growth that is secured when additional supports are offered; the European Union norms and funding available for investment and the provision of supports for new and emerging companies; and if he will make a statement on the matter. [5576/16]

View answer

Written answers

As you will appreciate, I have no direct role in the day-to-day running of the Local Enterprise Offices (LEOs). Mentoring is an invaluable tool for new and existing businesses offered by the Local Enterprise Offices. This can be offered as a stand-alone support or in conjunction with direct financial aid in the form of a grant. Clients seeking a mentor complete an application, informing their Local Enterprise Office of their specific mentoring need. The selection of the mentor is made by the LEO, based on the type of mentoring required by the client/company and experience and expertise of the various mentors on their panel. The mentor will carry out an assessment of the business and will liaise with their Local Enterprise Office outlining objectives and also regarding the number of visits they deem necessary. The number of mentoring visits as part of an assignment is a matter for each LEO to decide in consultation with the mentor and is relative to the type of business and/or potential for growth and the available LEO budget.

There is no LEO wide policy in place that limits the mentoring sessions to just two sessions. The budget for this and other support offers is managed at a local level by each Local Enterprise Office.

European Union members have different approaches to investment and provision of supports for new and emerging companies. There are a number of policy areas driven by the European Union including Horizon 2020 and the funding initiatives of the European Investment Fund (EIF) that benefit companies across Europe.

My Department and its agencies monitor policy developments in EU member states on an ongoing basis to ensure that the experience of other countries can be brought to bear in the policy development process.

Furthermore, the Local Enterprise Offices provide advice, information and support to starting up or growing your business.

European Regional Development Fund (ERDF) co-funding is provided in retrospect and in arrears at national level to the Exchequer in respect of ERDF claims submitted for grant monies already dispersed by Enterprise Ireland, LEOs etc. ERDF is not an alternative source of grant finance.

Industrial Relations

Questions (226)

Brendan Griffin

Question:

226. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding law clerks; and if he will make a statement on the matter. [5710/16]

View answer

Written answers

The Industrial Relations (Amendment) Act 2012 was enacted on 1 August 2012. The main purpose of the Act is to reform the existing system for the making of both Employment Regulation Orders (ERO) and Registered Employment Agreements (REA) and to provide for their continued effective operation. It also reinstates a robust system of protection for workers in these sectors in the aftermath of the July 2011 High Court ruling in John Grace Fried Chicken constitutional challenge which found the system to be unconstitutional.

The 2012 Act included a specific provision providing that reviews of each Joint Labour Committee (JLC) will be carried out by the Labour Court, as soon as practicable after the commencement of the Act, and at least once every 5 years thereafter.

In this context, the Labour Court completed its first review in April 2013.

The review assisted the Labour Court’s deliberations as to whether any JLC should be abolished, maintained in its current form, amalgamated with another JLC or have its establishment order amended. With regard to the Law Clerks JLC, the review found, following consultation with relevant parties in the sector, no economic justification for the retention of the JLC and it was abolished by Ministerial Order on January 28 2014 - http://www.irishstatutebook.ie/eli/2014/si/29/made/en/pdf.

While the ERO system was found to be unconstitutional and there is no longer a JLC for Law Clerks it should be borne in mind that workers that were covered by EROs before the July 2011 ruling, continue to be protected by their individual contracts of employment (employees have a contract of employment or terms of employment whether notified in writing or not).

Any change in an employee’s terms or conditions of employment would normally be by agreement between the parties. Such agreement can be expressed or implied, tacit or by acquiescence (i.e. it can be formally agreed, informally or verbally agreed or accepted by the employee).

Furthermore, the amount of pay an employee receives is a matter for negotiation and agreement between the individual and the employer. This is subject only to the provisions of the National Minimum Wage Act, 2000. There is nothing to prevent employees reaching individual or collective agreements with employers on higher rates based on qualifications or other agreed criteria.

The questions raised in relation to the state contributory pension fall outside the remit of my Department and are proper to my colleague the Minister for Social Protection.

Employment Rights

Questions (227, 228)

Thomas Byrne

Question:

227. Deputy Thomas Byrne asked the Minister for Jobs, Enterprise and Innovation the deduction from pay that can be made from the wages of an au pair who receives accommodation and full board as part of the employment; and if he will make a statement on the matter. [5713/16]

View answer

Thomas Byrne

Question:

228. Deputy Thomas Byrne asked the Minister for Jobs, Enterprise and Innovation his plans to regulate the employment of au pairs; if normal employment legislation applies to au pairs; and if he will make a statement on the matter. [5714/16]

View answer

Written answers

I propose to take Questions Nos. 227 and 228 together.

There is no legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage.

Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.

The national minimum wage (NMW) legislation provides for the maximum monetary deduction which can be made from the statutory minimum pay of an employee if the employee is provided with board and/or lodgings. Statutory Instrument No. 95 of 2000 provides that an employee for whom board and lodging are provided may have the following amounts deducted from their minimum wage calculation: - €54.13 for full board and lodgings per week, or €7.73 per day

- €32.14 for full board only per week, or €4.60 per day

- €21.85 for lodgings only per week, or €3.14 per day

Any persons with questions or complaints regarding their rights under employment law should contact the Workplace Relations Customer Service on lo-call 1890 808090 or at www.workplacerelations.ie.

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