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Tuesday, 17 May 2016

Written Answers Nos. 585-611

Israeli Settlements

Questions (585)

Seán Crowe

Question:

585. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware that the Israeli army is renewing its attempt to destroy two Bedouin villages (details supplied); that bulldozers could move in at any moment and demolish the two villages, evict the residents and make way for new villages on the same sites with similar names but restricted to Israeli citizens with Jewish nationality only; and if he will raise Ireland’s objection to this illegal move with his Israeli counterpart. [9801/16]

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Written answers

The situation in the two villages referred to by the Deputy are different in nature.

Susiya, in the south Hebron hills in the occupied Palestinian Territory, is a community of herders, although they are not Bedouin. It has already been subject to demolition on number of occasions over many years, including destruction of caves and tents used by residents after their houses were destroyed. The intention is clearly to drive the residents off the land and into the city of Hebron, so that their land can be used for expansion of nearby Israeli settlements. We have discussed this case on a number of occasions in the Dáil, and it is indeed a textbook example of the injustice which is an inherent element of the settlement project, and a powerful argument for the need to end the occupation.

Ireland and our EU partners, together and nationally, have on many occasions made clear to the Israeli authorities our objections to this illegal and unacceptable behaviour. This has included representations to the Ambassador and other Israeli officials here in Dublin, directly to the Israeli authorities in Jerusalem, and physical presence by Irish and EU diplomats at the village at times of particular threat. It is unfortunately not possible to ensure protection of all threatened communities all of the time. EU missions endeavour to keep alert to the situation in the village, but the threat of demolition is ever present. The local community and concerned organisations are unaware of any specific heightened threat at this time.

The other case raised by the Deputy is of a different nature. This village is one of a number of unapproved settlements of Israeli Bedouins in the Negev area of southern Israel, particularly in the vicinity of the growing city of Beer Sheva. Israeli authorities have been trying for some years to move some of these communities to new approved villages, as part of the planning for the expansion of Beer Sheva.

This is a complex issue, and has been the subject of extensive political debate, legal processes and variations of planning within Israel. There are indeed concerns about social disadvantage and unequal treatment experienced by Bedouin communities in Israel. But there are similar concerns about the position of Bedouin in many Arab countries in the region, and indeed of marginalised communities in many countries, including in Europe. The basis and scope for international action is accordingly less evident.

Human Rights Cases

Questions (586)

Seán Crowe

Question:

586. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of the case of a person (details supplied) who has been imprisoned since December 2013 due to possession of banned images and teachings of the Dalai Lama; that many Tibetans have been imprisoned for political reasons; that many disappear for months only to reappear before show trials in which they are convicted for crimes against the Chinese State; that many endure torture and long sentences with their illnesses often untreated and that some go for years without visits from families and friends; and if he will raise with his Chinese counterpart the case of this person and Tibetan political prisoners. [9802/16]

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Written answers

Respect for human rights and the promotion of human rights has always been and will continue to be a cornerstone of Ireland’s foreign policy. The Government therefore remains concerned about all reported cases of political imprisonment, including those in China. My Department is however unaware of the case of the individual in question.

Ireland and its partners in the EU have conveyed concern at the restrictions on expressions of Tibetan identity, which appear to be giving rise to a surge of discontent in the region. While respecting China’s territorial integrity, the EU has called upon the Chinese authorities to address the deep-rooted causes of the frustration of the Tibetan people to ensure that their civil, political, economic and social and cultural rights are respected, including their right to enjoy their own culture, to practise their own religion and to use their own language.

The promotion of human rights is an important dimension of the EU’s foreign policy, as enshrined in the Treaty of the European Union. Constructive dialogue remains the EU’s preferred channel for working to improve the human rights situation in China. Human rights are discussed as part of regular political dialogue as well as during specific human rights dialogues with China which have taken place since 1995. The EU raised its concerns about the treatment of members of the Tibetan community at the most recent EU-China Summit in June 2015, and at the 34th EU-China Dialogue on Human Rights in November 2015 which Ireland attended. On this occasion, individual Tibetan human rights cases were raised, and a list of Tibetan human rights defenders was presented to the Chinese side. Individual cases were also raised with the Chinese authorities during the visit to China by the EU Special Representative for Human Rights Lambrinidis in November 2015. Bilaterally, Ireland continues to convey its concerns about the human rights situation in China directly to the Chinese authorities through regular contacts in both Dublin and Beijing.

Ireland together with our EU partners believes that constructive dialogue between the Chinese Government and the representatives of the Dalai Lama is the best way to address differences and tensions in Tibet and to reach a solution that respects Tibetan culture, language, religion and identity. It is important for the long-term peace and stability of the region that the two sides come to an agreement on the future of Tibet. To this end, we continue to encourage a resumption of meaningful dialogue.

Diplomatic Representation

Questions (587)

Seán Crowe

Question:

587. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of the case of a person (details supplied) who has been imprisoned in the United States of America for more than 40 years; that the person's case was politically charged and the conviction is heavily contested; that the person has been classified as a political prisoner by human rights defenders and organisations and is long overdue for parole; and whether he will raise the case with his counterpart in the United States of America and call for the person's release before the President of the United States of America, Mr. Barack Obama, leaves office. [9803/16]

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Written answers

Leonard Peltier was convicted of the murder of two FBI agents who died during a confrontation on the Pine Ridge Indian Reservation in South Dakota in 1975. He was arrested in Canada on February 6, 1976, and extradited to the United States where he was tried in 1977.

I am aware that a campaign has been mounted over the years seeking Mr. Peltier’s release and that the case has also been raised in this House more than once.

I am also aware that Mr. Peltier’s case has been reviewed by the US court system on several occasions and that his conviction has been consistently upheld. The US justice system, in line with established procedure, has also considered a number of requests by Mr. Peltier for parole and has declined his applications.

As the Government of Ireland has no locus standi on this case I do not propose to make recommendations to the US Federal Government in relation to Mr. Peltier.

Israeli Settlements

Questions (588)

Eamon Ryan

Question:

588. Deputy Eamon Ryan asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 369 of 26 April 2016, what the international community can do; the actions he is taking to support such actions happening; and the unilateral steps Ireland will take itself to do more with regard to Israel and Palestine. [9925/16]

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Written answers

In relation to the Middle East, as in many areas of foreign policy, Ireland acts principally through the European Union, as the best means of exerting influence on the issue.

In my previous reply referred to, I outlined a number of recent actions of the EU in relation to settlements. Some of these had a noticeable political impact in Israel, but I have continued to argue at EU level that this has nonetheless clearly been insufficient to change Israeli policy on settlements, and that therefore the international community, including but not only the EU, needs to do more.

Discussion at EU level on what further actions might be taken is a virtually continuous exercise, at official or Ministerial level, in Brussels, in capitals and in EU Missions in the region. It would clearly be counterproductive to speculate publicly on what such actions might be, and would reduce the chances of achieving agreement on them.

It is no secret, however, that these discussions are difficult. Some partners are resistant to stronger actions, partly because of the many other crises in the region at this time including the horrific conflict in Syria and the threat posed by Da’esh.

Nationally, Ireland will continue to voice our own strong criticisms of the continuing occupation of Palestinian land and in particular of many of the policies on the ground which implement this. We do so in appropriate international fora and directly with the parties, and both publicly and privately. We endeavour to encourage more courageous leadership on the issue. We support both Israeli and Palestinian groups who are active on human rights issues, and we provide substantial humanitarian assistance to those affected by the conflict.

Irish Prisoners Abroad

Questions (589)

Eoin Ó Broin

Question:

589. Deputy Eoin Ó Broin asked the Minister for Foreign Affairs and Trade if a person (details supplied) will in fact be sentenced in the Courts in Egypt on 29 June 2016; if the person’s last thirteen trial hearings were in fact the trial; if this stands up to international standards of a fair trial, given that the person has had no opportunity to testify in defence and no witnesses have been brought before the Court for the person’s legal team to question the veracity of their evidence; and to call the person’s immediate and unconditional release and request the Taoiseach to immediately intervene and contact the President of Egypt, Mr Abdel Fattah el-Sisi, to seek the person’s release under the country’s Rule 140, Presidential Decree. [10115/16]

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Written answers

The Government and my Department are continuing to pursue every constructive avenue to secure the release of this citizen and we will continue to bring all of our influence to bear on his behalf through all appropriate channels.

All of the sustained and focused actions that have been taken by the Taoiseach, myself and other Ministers, and by my Department and our Embassy in Cairo, are in pursuit of the Government’s clear strategy in this case, which is focused on two key objectives. First, to see this citizen released by the Egyptian authorities so that he can return to his family and his studies in Ireland as soon as possible, and, second, to provide every possible consular support for his welfare while he remains in detention.

The Egyptian Government is fully aware of the priority the Irish Government attaches to the welfare and interests of our citizen. There has been sustained engagement at all levels with the Egyptian authorities. I have been in regular contact with my Egyptian counterpart, Minister Shoukry, and the Taoiseach has twice met with President el-Sisi, making clear the Irish Government’s concerns and objectives in this case.

In addition to this dialogue with the Egyptian authorities, the Government has also been engaging on an ongoing basis with European and international partners and with the European Union.

Irish Government representatives have worked with this citizen’s legal team in Egypt and supported petitions to the court when asked to do so, including providing formal Government support for an application under Decree 140 and an application for release on bail. Representatives of the Embassy have attended each of the court hearings to date and will be present at the next scheduled hearing on 29 June. Officials of the Department of Foreign Affairs and Trade in Dublin also remain in regular contact with his family and Irish-based lawyers.

Significant resources continue to be deployed by the Department of Foreign Affairs and Trade, both in Cairo and in Dublin, in the provision of comprehensive consular assistance to both the detained citizen and his family. The Department has arranged numerous consular visits to this individual in prison since his arrest, the most recent undertaken by Ambassador Damien Cole on 17 April. Another visit will be arranged in the coming weeks. Such visits provide significant practical benefit for the citizen. These visits also allow regular contact with the prison authorities who are aware of the Irish Government’s strong and sustained interest in this Irish citizen’s welfare.

Given that the trial is ongoing, the Government must remain measured and responsible in its public comment. This is entirely consistent with our approach in other consular cases, with our clear objectives in this case and with what we firmly believe to offer the best prospect for a positive outcome for this young man.

Passport Services

Questions (590)

Aengus Ó Snodaigh

Question:

590. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs and Trade the additional resources he has made available to ensure there is not undue delay in processing passport applications at this busy time of the year. [10503/16]

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Written answers

Throughout this year the demand for passports has been exceptionally high. From 1 January to 13 May the Passport Service has received a total of 314,585 applications for passport books and 9,475 for passport cards. This represents a significant increase of almost 15% in applications for passport books compared to the same period last year.

To address the anticipated increase over the summer season, the Passport Service has recruited Temporary Clerical Officers who will work a total of 5,122 weeks this year. Additional Temporary Clerical Officers will be recruited shortly for a total of 780 weeks to manage the significant increase in phone calls and customer queries over the remaining peak period to August. In view of the sustained increase in applications over last year processing work has been redistributed across passport offices in recent months and staff re-deployed from other areas of the Department as needed to respond to the increased workload.

I strongly recommend that citizens check that the expiry date on their passports, prior to booking overseas travel. While Passport Express passport renewal applications can take up to 15 working days to process, it is best practice for prospective travellers to allow at least six weeks for passport applications to be processed and to take special care to ensure that application forms are correctly completed (for example failure to submit the necessary documentation required by an application can often cause a delay in processing turnaround time). Submission of applications in good time is particularly important during the peak season which runs from April until August.

The Passport Service will continue to closely monitor the situation, including to ensure the effective deployment of staff resources.

Passport Services

Questions (591)

Aengus Ó Snodaigh

Question:

591. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs and Trade if he is aware that An Post is advising its customers that Passport Express will deliver a passport within ten working days whereas the Passport Office is suggesting at least six weeks; and to ensure An Post gives out the correct advice at times of increased workload on the Passport Office given that it cannot reasonably comply with or achieve the ambitious timeframe of Passport Express, thus leaving many Irish travellers scrambling to get their passports at the last minute. [10504/16]

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Written answers

The Department works closely with An Post to ensure that Passport Express customers are updated regularly on target turnaround times for passport applications.

Passport renewal times can vary depending on seasonal and other factors. The Passport Service has experienced a 15% increase approximately in applications so far this year over 2015 and demand is expected to remain very high in the coming months. We have taken a number of measures to address the situation, including requesting that An Post, which administers Passport Express, the means by which the vast majority of passport applications are made, to advise customers that the service target for passport renewals is 15 working days.

On 21 March An Post issued an update to all staff who deal with the public to advise that the service target was at 15 working days from the time of posting and this was also notified on the An Post website. I understand that An Post has now updated its printed promotional materials to include these target turnaround times and that the materials have been distributed across the post office network. It should be noted that the turnaround times which are advised, including those for the An Post Passport Express service, are not a stated guarantee.

The Passport Service website has also been updated to advise customers how to avoid the stress and inconvenience of having passport applications processed at the last moment. The key points are to:

- check the validity of passports before booking a holiday,

- to remind that children’s passports vary in length of validity

- apply at least six weeks before the intended date of travel

- choose the most appropriate application channel depending on the date of travel

- if travelling in three weeks or more (15 working days) the Passport Express channel is the cheapest and most convenient option.

- if travelling in three weeks or less an appointment for the Passport Office in Dublin or Cork should be made online at www.passportappointments.ie.

I strongly recommend that citizens check their passport validity before booking holidays or business travel and apply for the service which will ensure passports arrive in good time. Allowing six weeks turnaround time is considered best practice.

Foreign Policy

Questions (592)

James Browne

Question:

592. Deputy James Browne asked the Minister for Foreign Affairs and Trade if the Government will recognise Palestine as a free, independent and sovereign state; and if he will make a statement on the matter. [10572/16]

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Written answers

The Government is committed to recognising the State of Palestine as part of a lasting settlement of the conflict.

The Government works consistently to achieve a free, independent and sovereign Palestinian state, not just in theory but in fact, and all of our actions on the Israeli/Palestinian issue are directed to that end. It is central to our objective of a two state solution that will ensure the security and prosperity of both peoples.

I am considering carefully whether the immediate recognition by Ireland of a state of Palestine, prior to its real achievement on the ground, could be a helpful step towards that goal.

The motions passed in the Seanad on 22 October 2014 and the Dáil on 10 December 2014 are very important factors in that consideration. Other factors are the symbolic importance of such a declaration for the Palestinian people, its likely impact on the prospects for advancing the peace process, and its effect on Ireland’s ability to exercise influence on developments. Ultimately, this is a matter for assessment and decision by the Government.

Israeli Settlements

Questions (593)

James Browne

Question:

593. Deputy James Browne asked the Minister for Foreign Affairs and Trade if the Government will comply fully with the compilation of the United Nations database of all business enterprises that have enabled or profited from the creation and growth of Israeli settlements; the steps the Government intends to take in advance of the finalisation of the list to comply with the resolution to blacklist such business enterprises; and if he will make a statement on the matter. [10573/16]

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Written answers

Resolution L.39 at the 31st session of the UN Human Rights Council in March requested the UN High Commissioner for Human Rights to compile the database referred to. There are questions as to the ability or resources of the UNHCHR to undertake such a task. The EU members of the HRC abstained on this resolution partly because of these concerns, and the belief that application of the Guiding Principles on Business and Human Rights should be global, and not specific to one country or location.

No request has yet been received from the UNHCHR for assistance of member states in compiling such a database. Any such request would of course be considered sympathetically. However, the Government does not itself compile or keep any such data.

In December my Department published the Working Outline of Ireland’s National Plan on Business and Human Rights. The Department is now drafting Ireland’s National Plan, based on the feedback received and in consultation with other Government Departments.

The Government does not propose to ‘blacklist’ Irish companies. In fact, however, my Department is not aware of any cases of Irish companies who are assisting in the development of settlements.

Middle East Issues

Questions (594)

Seán Crowe

Question:

594. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of the efforts of the Turkish Government to lift the legislative immunity that is granted to Members of the Turkish Parliament; that the Turkish Government is attempting to do this by suspending Article 83 of the Turkish Constitution; that this is an anti-democratic move and is an attempt to silence the Peoples’ Democratic Party whose members are regularly arrested for political reasons; and if he will raise concerns with his Turkish counterpart at this undemocratic move and attempt to silence the Members of Parliament of that party. [9797/16]

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Written answers

I am aware of this proposal, initiated by the ruling Justice and Development Party (AKP), to lift the immunity from prosecution of some 130 Members of the Turkish Parliament through the suspension of Chapter 83 of the Constitution. I understand the draft legislative change was initially discussed by Parliamentary Committee in late April. On 2 May, the Committee approved the draft proposal, although it will still need to be approved by Parliament before the draft change could take effect.

I am aware too that members of the Kurdish-leaning People’s Democratic Party (HDP) have expressed serious concern that these proposed changes specifically target their Members of the National Assembly.

It would be a matter of very serious concern if the current proposal on the lifting of immunity were used to target a specific parliamentary grouping or to restrict the right to freedom of expression. Immunity should be applied in a non-discriminatory way and any decision to remove immunity ought to be based on transparent criteria, and not as a result of political considerations.

Along with our partners in the EU, we will continue to follow closely developments on this issue, including through our Embassy in Ankara.

Departmental Staff

Questions (595)

Seán Crowe

Question:

595. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware that staff members of his Department are being discriminated against in terms of mortgage interest relief, special savings incentive accounts, third level education for their children and in other areas as a result of their service for the State abroad; that this is because when they are on a posting abroad they are considered as resident in Ireland for tax and voting purposes but not when it comes to many of the basic entitlements; and if he has plans to end this discrimination. [9800/16]

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Written answers

As the Deputy acknowledges, civil servants on assignment abroad are considered to be resident in Ireland for taxation purposes and for electoral purposes.

In 2014, it was also confirmed that the dependent children of officials serving the State abroad, and residing with the official, would be considered resident in Ireland for the purposes of university tuition fees.

In a number of other areas, I am aware that officials have encountered various difficulties on account of periods spent outside the State; for example, the issue of health insurance and lifetime community rating. My Department is currently engaging with staff representatives on these issues with a view to finding a satisfactory way forward.

Flood Relief Schemes Status

Questions (596)

Peter Fitzpatrick

Question:

596. Deputy Peter Fitzpatrick asked the Minister for Public Expenditure and Reform the status of the proposal to upgrade the Bellurgan embankment flood defences in County Louth; and if he will make a statement on the matter. [10381/16]

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Written answers

I am advised by the Commissioners of Public Works that responsibility for identifying and implementing appropriate measures to address coastal flood risk at Bellurgan, County Louth rests with Louth County Council (LCC) in the first instance and it is open to LCC to utilise its own resources to undertake any works required on the Bellurgan embankment.

An application for funding was received in 2016 containing a number of options to raise and widen the embankment.

Discussions between LCC and the OPW on the proposed options are ongoing.

Public Procurement Regulations

Questions (597)

Thomas Pringle

Question:

597. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform his plans to increase the transparency and clarity of the public procurement regime, which is primarily determined on a lowest cost basis with no effective remedy process for disputes or appeals; if he will ensure that international best practice is applied to public procurement processes to prevent discrimination against small Irish businesses; and if he will make a statement on the matter. [10398/16]

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Written answers

Public Procurement is governed by well-established EU and National rules and guidelines. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.  

It is Government policy that contracts are awarded on the basis of the "most economically advantageous tender" (MEAT) and candidates are assessed across a range of criteria such as delivery, running costs, cost effectiveness, quality, functional characteristics, technical merit, after-sales service and any other relevant factors chosen by the awarding body. The selection of award criteria and the allocation of weightings is a matter for the contracting authority based on the subject matter of the contract. 

In relation to discrimination against small Irish business, it would be a breach of the EU rules for a public body to favour or discriminate against particular candidates on grounds such as nationality, organisational size, etc. and there are legal remedies which may be used against any public body infringing these rules. 

Where tenderers wish to raise concerns in relation to a particular live tender process in the area of goods, services and minor works, they can avail of the informal Tender Advisory Service run by the Office of Government Procurement, details of which can be found at http://www.procurement.ie/news/2143.  Where they wish to  avail of the more formal legal process,  the EU Remedies Regulations, in the case of above EU threshold competitions,  provides a mechanism for tenderers to seek recourse through the courts if they feel that a procurement process was not carried out in an open, fair and transparent manner.  

The Government recognises the very important role that SMEs play in the Irish economy and is committed to ensuring that SMEs are fully engaged with public sector procurement.  For example, Circular 10/14 issued by my Department sets out a number measures aimed at promoting SME involvement in public sector procurement including encouraging more on-line open tendering, reducing bidders' turnover requirements, promoting the use of proportional and reasonable insurance requirements, and breaking larger contracts into lots.  The Office of Government Procurement also works with the SME industry representative bodies (including ISME, IBEC, SFA, Chambers Ireland, and CIF) and the Department of Jobs, Enterprise and Innovation, InterTrade Ireland and Enterprise Ireland to promote the engagement of SMEs in public procurement.

Further details of initiatives introduced since 2013 to facilitate SME access to Public Procurement can be found in the "Progress Report of the High Level Group on SME Access to Public Procurement" jointly published last January by my Department and the Department of Jobs, Enterprise and Innovation.  The Report is published on the OGP website at http://www.procurement.ie/news/2727

The Office of Government Procurement will continue to work with industry to ensure that winning Government business is done in a fair, transparent and accessible way and to ensure that Government procurement policies are business friendly. 

Departmental Contracts

Questions (598)

Tony McLoughlin

Question:

598. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 124 of 26 April 2016 (details supplied), the way in which small and medium enterprises could compete for this tender; why a lot was not broken down into smaller lots; if he is aware that companies that did not price every single item on the list were excluded from the tender; if this tender is in compliance with Circular 10/14; his views on whether many companies which have lost out on competing for smaller amounts of services in this large tender may be forced to close with the loss of jobs; if he is aware that in previous competitions, companies which competed in the quantitative part-lots were broken down by various categories of goods, which gave them the opportunity to compete; and if he will make a statement on the matter. [9357/16]

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Written answers

The OGP is fully aware of the significant role that SMEs play in the Irish economy and is strongly committed to ensuring that SMEs are fully engaged with Public Sector procurement and the opportunities presenting.  In that context, the OGP has established the High-level Group on SME Access in conjunction with the Department of Jobs, Enterprise and Innovation, Enterprise Ireland and InterTrade Ireland.  The group is chaired by Mr. Paul Quinn, Chief Procurement Officer, and is focussed on monitoring the delivery of the procurement commitments under the Action Plan for Jobs and to develop further strategies to improve SME access to procurement.  In addition, the OGP Policy Director chairs the SME Working Group which brings together the Department of Jobs, Enterprise and Innovation, Enterprise Ireland, the Competition Authority and InterTrade Ireland with industry representative bodies including IBEC, the Small Firms Association, CIF, Chambers Ireland and ISME. 

Circular 10/14: "Initiatives to assist SME's in Public Procurement" (April 2014) issued new guidance and procedures to public procurers regarding SME access to procurement opportunities. The purpose of the new guidelines and procedures are to ensure that engaging with government procurement is easy and low cost. In line with the objectives of Circular 10/14, the lots were designed to facilitate the participation of SMEs.  The National Framework Agreement was structured into 10 sectoral lots, including 5 regional lots for the HSE and each lot was for commonly used products. This lotting structure was designed to deliver efficiency, value for money, reduce duplication and mitigate any undue risks on the State, whilst still supporting SME participation.   

Collaborative consortia bids were encouraged by the OGP thereby further facilitating SMEs' participation.

As previously advised five companies were appointed to the National Framework Agreement and four of the companies are SMEs based in Dublin, Cork, Monaghan and Galway. This outcome has demonstrated SME ability to compete and be successful in public procurement processes.

Public Sector Pensions

Questions (599)

Gerry Adams

Question:

599. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform to reverse cuts to teachers' pensions; and if he will make a statement on the matter. [9525/16]

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Written answers

Measures to reverse reductions applied to all public service pensions including those of retired teachers were adopted by the Government in June 2015. The amelioration of the Public Service Pension Reduction (PSPR) currently applicable to all public service pensions exceeding the relevant thresholds is being implemented under the Financial Emergency Measures in the Public Interest Act 2015, with changes occurring in three stages, on 1 January 2016, 1 January 2017 and 1 January 2018.

On 1 January 2016, increases in the annual pension thresholds before PSPR applies were activated. These exemption threshold increases remove PSPR entirely from a significant number of pensions with relatively lower values, while those pensions which continue to be impacted by PSPR receive a boost of €400 per year.

On 1 January 2017, additional PSPR amelioration, acting principally via further exemption threshold increases, will fully remove PSPR from another significant tranche of public service pensioners, while at the same time boosting those pensions which remain affected by PSPR by €500 per year.

On 1 January 2018, the third stage of PSPR amelioration will ensure that all PSPR-impacted pensions with values up to €34,132 will be fully restored, meaning that PSPR will no longer affect such pensions, while those pensions which continue to be impacted by PSPR will get a boost of, in most cases, €780 per year.

These PSPR changes across the public service will cost an estimated €90 million on an annual basis and, when fully implemented, will ensure that only the top 20% higher value public service pensions will continue to be impacted by the PSPR.

Flood Relief Schemes Status

Questions (600)

Brendan Griffin

Question:

600. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the status of flood alleviation works at Tullig, Castleisland, County Kerry, including the reason works have not been carried out despite assurances of funding being provided a number of years ago; and if he will make a statement on the matter. [9664/16]

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Written answers

Local flooding issues are a matter in the first instance for each local authority to investigate and address. The local authority may carry out flood alleviation works using its own resources or, if necessary, apply to the Office of Public Works (OPW) for funding under the Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative scheme generally applies to relatively straightforward cases of flooding where a solution can be readily identified by a local authority and achieved in a short time frame. Any application received will be considered in accordance with the scheme eligibility criteria, and having regard to the overall availability of resources for flood risk management. The scheme's eligibility criteria can be viewed on the OPW website www.opw.ie

The OPW approved funding of €144,000 under the Minor Flood Mitigation Works & Coastal Protection Scheme to Kerry County Council (KCC) in 2014 with a further €58,520 approved in 2016 for flood mitigation works at the above location. €10,567 of the allocated funding has been drawn down to date.

The advancement of these works is a matter for the Council. I am advised that some of the works in the application have been undertaken and that other works are to take place in the near future.

Departmental Offices

Questions (601)

Seán Canney

Question:

601. Deputy Seán Canney asked the Minister for Public Expenditure and Reform the status of the development of an Intreo centre in Tuam, County Galway, including when it will be operational; and if he will make a statement on the matter. [9470/16]

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Written answers

The Commissioners of Public Works have agreed to lease a premises in Tuam from Galway County Council for use as a public office for the Department of Social Protection. A draft lease is being progressed in consultation with the Chief State Solicitors Office and the Council’s legal services.

The Commissioners anticipate being in a position to invite tenders to fit out the building for the Department once the lease is finalised. It will not be possible to give the Deputy a firm date for completion of the works until a contract has been awarded but I am advised that works should be nearing completion by early 2017.

Central Statistics Office Staff

Questions (602)

Jack Chambers

Question:

602. Deputy Jack Chambers asked the Minister for Public Expenditure and Reform to ensure a public sector worker (details supplied) is granted the incremental credits due; and if he will make a statement on the matter. [10166/16]

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Written answers

As the Deputy will be aware Paragraph 2(ii) of Circular 21/2004:- Agreement on incremental credit for previous service for entry levels at Clerical Officer, Executive Officer, or equivalent grades represented by the Civil and Public Services Union (CPSU) and Public Services Executive Union (PSEU) states that 'Experience in the public service in Ireland or in the EU member states will have to be relevant to the work of the grade'. The CSO contends that due to the reasons outlined below that the officer's previous work experience as Clerical Officer is not relevant to the grade of Temporary Census Field Supervisor.

The CSO considers the post of Temporary Census Field Supervisor to be a specialised post unique to the CSO.  Every 5 years the CSO runs its own open recruitment competition specifically to select persons for this role as none of the Public Appointment Service General Service panels are appropriate for the requirements of this role.

Successful applicants are contracted to work as Temporary Census Field Supervisor on a 20 week fixed purpose contract basis. In addition, the remuneration package reflects the uniqueness of the post of Temporary Census Field Supervisor, comprising a weekly rate of pay equating to the first point of the modified Clerical Officer pay scale, plus the following additional payments comprising a weekly supervisory allowance, an atypical working allowance plus an end of contract performance-related allowance. This payment package is unique to the post of the Census Field Supervisor and is in recognition of the specialised nature of the work. In addition, all appointees to the post have to undergo comprehensive in-house CSO training to meet the requirements of the role.

Office of Public Works Properties

Questions (603)

Michael Healy-Rae

Question:

603. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the status of a property (details supplied); and if he will make a statement on the matter. [10168/16]

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Written answers

I am advised that the Commissioners of Public Works hold the lands on which the Glenderry MES is built, under a 99-year lease and this lease does not expire until 31st July 2026.

Public Procurement Contracts

Questions (604)

John McGuinness

Question:

604. Deputy John McGuinness asked the Minister for Public Expenditure and Reform if he is aware that the multi-supplier framework agreement for the provision of pest control services excludes, by its conditions, a large number of small firms and persons from the process as they do not have the turnover required, although they already supply Departments and Government agencies; that jobs could be lost as a consequence of this process and that value for money and a quality service may not be achieved; and of the growing concern in the small and medium enterprise sector relative to the restrictions in the Government procurement process; if he will address these concerns; and if he will make a statement on the matter. [10412/16]

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Written answers

The OGP is fully aware of the significant role that SMEs play in the Irish economy and is strongly committed to ensuring that SMEs are fully engaged with Public Sector procurement and the opportunities presenting.  In that context, the OGP has established the high-level Group on SME Access in conjunction with the Department of Jobs, Enterprise and Innovation, Enterprise Ireland and InterTrade Ireland. The group is chaired by Mr. Paul Quinn, Chief Procurement Officer, and is focused on monitoring the delivery of the procurement commitments under the Action Plan for Jobs and to develop further strategies to improve SME access to procurement.  In addition, the OGP Policy Director chairs the SME Working Group which brings together the Department of Jobs, Enterprise and Innovation, Enterprise Ireland, the Competition Authority and InterTrade Ireland with industry representative bodies including IBEC, the Small Firms Association, CIF, Chambers Ireland and ISME. 

Circular 10/14: "Initiatives to assist SME's in Public Procurement" (April 2014) issued new guidance and procedures to public procurers regarding SME access to procurement opportunities. The purpose of the new guidelines and procedures are to ensure that engaging with government procurement is easy and low cost. In line with the objectives of Circular 10/14, the lots were designed to facilitate the participation of SMEs.  The National Framework Agreement was structured into 9 geographic lots - this lotting structure was designed to deliver efficiency, value for money, reduce duplication and mitigate any undue risks on the State, whilst still supporting SME participation.  The Lotting structure was very much informed by engagement with the Irish Pest Control Association and a number of service providers. The OGP utilised the IPCA website to determine the location of service provides to ensure there were sufficient places on the Lots to allow SMEs to be successful.  For instance in the case of the Dublin Lot (Lot 8), 8 places were available due to the large presence of SMEs. Five companies were appointed to the National Framework Agreement and, four of the companies are SMEs based in Dublin and Limerick.

Collaborative consortia bids were encouraged by the OGP thereby further facilitating SMEs' participation.  SMEs that believe that the scope of a competition is beyond their technical or business capacity are encouraged to explore the possibility of forming relationships with other SMEs or large enterprises.  Through such relationships, SMEs can participate and contribute to the successful implementation of any contracts, agreements or arrangements that result from procurement competitions and therefore increase their social and economic benefits.  Intertrade Ireland have a specific training programme available to support businesses interested in putting consortia together.  In addition, the Competition and Consumer Protection Commission published a guide for SMEs, 'How to comply with competition law when tendering as part of a consortium', in December 2014. The published RFT permitted both the use of subcontractors and the establishment of consortia.  Unfortunately neither of these options were presented in the responses received by the OGP to its published RFT. 

It may be worth noting that of the 35 members of the IPCA, our eTenders records show that only 9 members downloaded the tender document 7 of whom tendered, 4 of whom were appointed to the Framework.

Under Circular 10/14 buyers are encouraged not to set turnover thresholds at more than twice the estimated contract value.  I wish to confirm that no multiplier was used in the establishment of the turnover figures for any Lots advertised under this competition.  As was noted in the tender documentation, an annual value was approximated therein, these were the turnover levels set out in the RFT.

The OGP also wishes to confirm that no queries or clarifications were raised by tenderers during the tender process in relation to the matters raised.  Furthermore it is noted that the Tender Advisory Service (TAS) was not availed of in relation to any concerns which the market may have had.

The OGP is satisfied that its tender process was robust and not only did the OGP act in the spirit of Circular 10/14, it actively applied its principles by making every effort to allow participation by all potential tenderers, whilst being mindful of the Office's core business of delivering value for the taxpayer.

The OGP is now meeting the demands of its customers, and have achieved significant value for money in relation to this exercise.  This outcome has demonstrated SME ability to compete and be successful in public procurement processes.

Departmental Offices

Questions (605)

Marcella Corcoran Kennedy

Question:

605. Deputy Marcella Corcoran Kennedy asked the Minister for Public Expenditure and Reform when he will open and put a new social protection office (details supplied) into operation; and if he will make a statement on the matter. [10423/16]

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Written answers

I am advised that the Commissioners of Public Works have agreed to lease a premises in Birr for use as a public office for the Department of Social Protection. A draft lease has been received and is being progressed in consultation with the Chief State Solicitors Office and the landlord’s solicitors.

The Commissioners anticipate being in a position to invite tenders to fit out the building for the Department once the lease is finalised. It will not be possible to give the Deputy a firm date for completion of the works until a contract has been awarded.

Office of Public Works Properties

Questions (606)

Noel Rock

Question:

606. Deputy Noel Rock asked the Minister for Public Expenditure and Reform if it is possible to relinquish the site at the former Whitehall Garda station, and if works there now prevent it from being converted into a Garda station. [10429/16]

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Written answers

The 2012 and 2013 policing plans for An Garda Síochána identified 139 Garda stations for closure. Many of these properties reverted to the Office of Public Works (OPW) to identify an alternative State use or manage their disposal.

The OPW's Disposal Policy with regard to non-operational (vacant) State property is to:

1. Identify if the property is required/suitable for alternate State use by both Government departments and the wider public sector.

2. If there is no other State use identified for a property, the OPW will then consider disposing of the property on the open market if and when conditions prevail, in order to generate revenue for the Exchequer.

3. If no State requirement is identified or if a decision is taken not to dispose of a particular property the OPW may consider community involvement (subject to detailed written submission which would indicate that the community/voluntary group has the means to insure, maintain and manage the property and that there are no ongoing costs for the Exchequer).

The former Garda station at Whitehall, Dublin 9 was identified for alternate State use in line with the above policy.

I am advised that the property has undergone a major refurbishment and is scheduled to open as the Dublin City Mortuary, accommodating the State Pathologist and Dublin City Coroner in June 2016.

Public Sector Staff Recruitment

Questions (607)

Seán Haughey

Question:

607. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform when the next open competition for the post of assistant principal officer in the Civil Service will be held; and if he will make a statement on the matter. [10436/16]

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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 PAS that the current Assistant Principal panel will expire on 30 April 2017. It is expected that a new campaign will commence in Q4 2016 so that a new panel will be in place when the current one expires.

Community Employment Schemes Supervisors

Questions (608)

James Browne

Question:

608. Deputy James Browne asked the Minister for Public Expenditure and Reform to make provision for a pension scheme for community employment scheme supervisors; and if he will make a statement on the matter. [10574/16]

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Written answers

I understand that 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. In this regard the position has been 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.  

However, I believe the issue has remained under review and that my predecessor held a  meeting with SIPTU and IMPACT trade unions in relation to this matter. The Community Sector High Level Forum was reconvened in order to examine the matter fully, having regard to costs and precedent.

The Forum, which commenced its work on 27 November 2015, has had two meetings to date and a further meeting of the Forum is scheduled. 

Flood Relief Schemes Status

Questions (609)

Pat Breen

Question:

609. Deputy Pat Breen asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 116 of 28 January 2016, to detail the status of a project (details supplied); and if he will make a statement on the matter. [10616/16]

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Written answers

With funding and, advice as appropriate from the OPW the Ennis South Flood Relief Scheme is being progressed by Clare County Council (CCC) as the contracting authority. Further to the reply of the 28 January I am advised that discussions are ongoing between CCC and the OPW.

The OPW has made provision for the cost of the works in its multi-annual capital programme.

Programme for Government

Questions (610)

Michael McGrath

Question:

610. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the cost of measures included in the programme for Government, with the cost for each commitment on an individual basis; and if he will make a statement on the matter. [10655/16]

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Written answers

The Programme for a Partnership Government sets out the ambition to build a strong economy and to deliver a fair society so that communities thrive throughout both urban and rural Ireland. For each of the policy challenges contained in the Government's Programme a clear unambiguous high-level ambition is also identified, for example:

- meet the target of building 25,000 new homes needed every year by 2020;

- create 200,000 jobs by 2020, including 135,000 outside Dublin;

- reducing waiting times in the health sector; and

- spend at least €6.75 billion more on public services by 2021 compared to 2016.

As stated in the Programme for every policy challenge, the new Government will ensure that a balance is struck between addressing urgent priorities - utilising the action plan framework set out in the Programme document - and engaging in long-term planning and thinking, so that lasting solutions with broad based support are implemented.

In order to adopt this approach in practice, a key action for the Government's first hundred days is securing agreement with the Oireachtas on putting in place a reformed budget process. This is intended to secure a significantly more participatory approach underpinned by a substantially enhanced Dáil input into and feedback on the development of budgetary priorities.

It is envisaged that an important element of this new model will be to facilitate appropriate consultation and engagement on the costings of specific measures intended to respond to particular Programme for Government priorities, as well as examining how these measures align with overall fiscal parameters.

This new approach will have a central role to play in guiding and informing deliberation by the Oireachtas on budgetary options and in shaping the Government's budgetary proposals in due course.

Waterways Ireland Remit

Questions (611)

Aengus Ó Snodaigh

Question:

611. Deputy Aengus Ó Snodaigh asked the Minister for Arts, Heritage and the Gaeltacht the person responsible for Waterways Ireland and why he or she is allowing a full commercial development to operate on land and water owned by Waterways Ireland which is clearly outside the Waterways Ireland jurisdiction line in Killinure Lough, County Westmeath. [9836/16]

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Written answers

Waterways Ireland operates under the policy direction of the North South Ministerial Council and the Ministers of the relevant Sponsor Departments (my own Department and the Department for Infrastructure in Northern Ireland) and is accountable to the Northern Ireland Assembly and the Houses of the Oireachtas. The Chief Executive of Waterways Ireland is Dawn Livingstone. I have been informed by Waterways Ireland that responsibility regarding the ongoing issue referred to by the Deputy is a matter for Westmeath County Council. I am also informed that planning permission issued by the relevant local authority is a prerequisite to Waterways Ireland regulating encroachments and granting leases on its property.

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