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Thursday, 23 Jun 2016

Written Answers Nos. 298-312

Rail Network Expansion

Questions (298)

Pearse Doherty

Question:

298. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport his plans to establish a rail link between Letterkenny, County Donegal, and Derry city; and if he will make a statement on the matter. [17882/16]

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Written answers

The current position regarding the funding of the railways in Ireland is that the bulk of funding is provided to Iarnród Eireann for the maintenance and renewal of the heavy rail network. Analysis has shown that the Exchequer contribution for the heavy rail network per annum is considerably below the amount required to maintain the existing network.

In an environment where funding remains constrained, it is not envisaged that any rail link between Letterkenny, County Donegal and Derry City will be contemplated in the near future.

Road Projects Status

Questions (299)

Pearse Doherty

Question:

299. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport the status of the A5 road project; and if he will make a statement on the matter. [17883/16]

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Written answers

The planning and implementation of the A5 project is the responsibility of the Northern Ireland authorities. As the Deputy is aware the Stormont House Agreement and Implementation Plan - A Fresh Start reaffirmed the Government's commitment to provide funding of £50 million for the A5 project and committed an additional £25 million to ensure that Phase 1 of the project (New buildings to north of Strabane) can commence as soon as the necessary planning issues have been resolved by the Northern Ireland authorities. Under the Agreement it is envisaged that construction of Phase 1 of the A5 will start in 2017 with a view to completion in 2019. In keeping with the revised project timeline, the Government funding is to be provided in three tranches of £25 million in the years 2017, 2018 and 2019 respectively.

Public Sector Staff Remuneration

Questions (300, 301)

David Cullinane

Question:

300. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the cost of reintroducing public sector allowances for public sector workers in her Department; and if she will make a statement on the matter. [17687/16]

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David Cullinane

Question:

301. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the cost of ensuring that public sector workers recruited in her Department post-2011 are paid at the pre-2011 rate; and if she will make a statement on the matter. [17697/16]

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Written answers

I propose to take Questions Nos. 300 and 301 together.

The Review of Public Service Allowances and Premium Payments undertaken by the previous administration in 2011/2012 required Government Departments and Public Sector Bodies to provide justifications by way of a stated business case for the retention of allowances and premium payments. Whilst the outcome of the review resulted in the modification/abolition of some allowances across the public sector, the only allowances paid to civil servants in my Department that were abolished were the Delegates'/Chairperson’s allowances paid to Departmental staff who travel outside of Ireland and the UK to represent Ireland at meetings of the EU or other international organisations or who act as Chairpersons of EU Committees. Given that the payment of Delegates/Chairpersons Allowances was entirely related to instances when staff were required to carry out particular Representational/Chairperson’s roles when travelling outside of Ireland, it would not be possible to estimate the cost of re-introducing these allowances. However, I can inform the Deputy that the cost of these Allowances for the last year they were in operation, in 2012, amounted to €73,719.54.

As regards the Deputy’s Question concerning the cost of paying public sector workers recruited in my Department post-2011 at the pre-2011 rate, I would advise the Deputy that in late 2010 the Government approved the reduction by 10% of the salary scale for new entrants to traditional recruitment grades in the public service with effect from 1st January 2011. Insofar as my Department is concerned, the estimated cost of restoring post 1st January 2011 entrants to the pre-2011 pay scale arrangements, including the cost of employers PRSI, across all of the recruitment grades in question, is estimated at €86,000 approximately. The total pay bill for my Department is €49 million approximately.

This costing specifically relates to the 10% reduction in entry grades to the public service as provided for in the aforementioned Government decision and does not take account of any pay reductions imposed as a result of the Haddington Road Agreement.

EU Programmes

Questions (302, 303, 304, 305)

John McGuinness

Question:

302. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation if she has issued a reply to correspondence (details supplied); the action she intends to take on the matter; if she will meet all of the parties concerned in an effort to establish the truth; and if she will make a statement on the matter. [17773/16]

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John McGuinness

Question:

303. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation why her Department did not reply to a letter from the Irish Small and Medium Enterprises Association, ISME, of 29 January 1999; and her views on whether concerns ISME had expressed were null and void, as in August 1997 her officials had visited ISME where they had checked and approved three unpaid invoices, as was then her Department's standard practice. [17777/16]

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John McGuinness

Question:

304. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation why the parliamentary reply issued by her predecessor on 18 May 2004 denying that rules governing European Union grants had been changed in 1997 was wrong; and if she will confirm that at the time of that parliamentary reply her Department had been in litigation against the EU Commission pleading that it had been unfairly compelled by EU Regulation 2064/97 to reinterpret retrospectively and change the rules governing EU grants in 1997. [17778/16]

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John McGuinness

Question:

305. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation the status of a case involving an application for a European Union grant and her Department's compliance with European Union Regulation 2064/97 since 1994. [17779/16]

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Written answers

I propose to take Questions Nos. 302 to 305, inclusive, together.

My Department, and previous Ministers, have been in receipt of correspondence from the individual concerned over many years in relation to the issues raised by the Deputy in his Questions. There have been a number of Departments and statutorily independent Offices involved in considering different aspects of the issues raised and insofar as my Department is concerned a complaint was lodged several years ago with the Ombudsman’s Office in relation to how my Department had handled the matter. The Ombudsman’s Office decided to close their file in this case without any adverse findings issuing against the Department.

I am further informed that An Tánaiste and Minister for Justice and Equality has decided to establish an enquiry into matters raised by the individual concerned which come under the responsibility of that Department’s remit.

Insofar as European Social Fund Programmes from a decade and more ago are concerned, these have been deemed "closed" for some time by the European Authorities with all payments due from the EU Commission to Ireland fully reconciled.

Finally, I have recently received correspondence from, and on behalf of, the individual concerned and it will be replied to as soon as possible.

Prompt Payments

Questions (306)

Niall Collins

Question:

306. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 279 of 16 June 2016, if the 15-day prompt payment rule is on a voluntary basis in both the public and non-public sectors; and if she will make a statement on the matter. [17887/16]

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Written answers

The 15 day prompt payment requirement applies to the public sector only. It does not apply to non-public sectors.

It is an administrative requirement based on a Government Decision, whereby all Government Departments, State Agencies and the wider Public Service are obliged to pay their suppliers within 15 days of receipt of a valid invoice. The 15 day prompt payment requirement does not affect the statutory requirement for late payment interest which only comes into effect 30 days after receipt of a valid invoice.

This administrative requirement was first introduced by Government on a voluntary basis in 2009 in respect of Central Government Departments only. In order to monitor the performance of each Government Department in meeting the 15 day deadline, my Department compiles and publishes composites reports on a quarterly basis.

In 2011, as part of the commitments in the EU/IMF Programme for Ireland, the 15 day prompt payment requirement was extended beyond central Government Departments and rolled out to the Health Service Executive, the Local Authorities, State Agencies, and all other Public Sector Bodies, (excluding Commercial Semi-State bodies).

As part of this extended arrangement, parent Departments are required to publish, on their respective websites, quarterly composite reports covering those bodies under their aegis. The individual bodies covered by this arrangement are also required to publish their own quarterly reports on their websites.

These reporting arrangements ensure that all Ministers can monitor the performance of their respective Departments, and those bodies under their aegis, and address any issues with non-compliance to the 15 day prompt payment requirement.

In respect of the non-public sectors, Government has introduced a number of prompt payment initiatives, including:

- The European Communities (Late Payment in Commercial Transactions) Regulations 2012 which came into effect on 16 March 2013. Under these Regulations, it is an implied term of every commercial transaction that where a purchaser does not pay for goods or services by the relevant payment date, the supplier shall be entitled to late payment interest, plus compensation costs, on the amount outstanding.

- Launch of the Prompt Payment Code (PPC) portal in March of 2015. The PPC, which is hosted through an online portal – www.promptpayment.ie – is a new initiative aimed encouraging and promoting best practice between businesses and their suppliers, improving cash flow between businesses and driving a change in payment culture.

- Introduction in late 2015 of the Payments Forum. The role of the Forum is to support the delivery of the Prompt Payment Code (PPC) and also examine further initiatives to sustain a responsible payment culture in Ireland.

These initiatives, in respect of both the public and non-public sectors, demonstrate the Government’s continuing drive and commitment to encourage a prompt payment culture in Ireland.

Competition and Consumer Protection Commission

Questions (307)

Niall Collins

Question:

307. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of current investigations being carried out by the Competition and Consumer Protection Commission into anti-competitive practices; if the sanctioning and investigatory powers are sufficient; and if she will make a statement on the matter. [17889/16]

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Written answers

The Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations of alleged anti-competitive practices.

As investigations and enforcement matters generally are part of the day-to-day operational work of the CCPC, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter. However, the CCPC has advised that it is currently conducting 5 investigations into alleged anti-competitive practices. Two of these relate to alleged price fixing activities. In addition, a case that the CCPC has sent to the Director of Public Prosecutions is scheduled to come up for trial in April 2017.

The CCPC currently has a wide and sufficient range of powers.

The CCPC has a wide range of investigation powers provided for in the Consumer Protection Acts 2007-2014, the Competition Acts 2002-2014 and relevant statutory provisions made under those Acts. It may also investigate suspected breaches of Articles 101 and 102 on the Treaty of the Functioning of the European Union.

The powers of the CCPC were significantly increased by both the Competition (Amendment) Act 2012 and the Competition and Consumer Protection Act 2014 (e.g. powers to consider commitments by undertakings to be Rules of Court, extended elements of the Criminal Justice Act to apply to serious competition law offences, etc.).

Very high penalties already apply to criminal offences under the Competition Acts 2002-2014 e.g. fines of up to €5 million or 10% of turnover (whichever is the higher) for an undertaking and/or up to 10 years in prison for a person or both.

Competition and Consumer Protection Commission

Questions (308)

Niall Collins

Question:

308. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the annual budget of the Competition and Consumer Protection Commission; the annual funding breakdown over the period 2011 to 2016 to date, in tabular form; the number of staff currently employed; and if she will make a statement on the matter. [17890/16]

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Written answers

On 31 October 2014 the Competition and Consumer Protection Commission (CCPC) was established by the amalgamation of the National Consumer Agency (NCA) and the Competition Authority (CA).

As of 22 June 2016, the CCPC has 87 permanent staff and 18 vacancies. Recruitment is currently under way to fill these vacancies.

Its annual funding allocations and that of its legacy organisations since 2011 are as follows:

-

-

€000

2011

National Consumer Agency (NCA)

Competition Authority (CA)

NCA and CA combined funding

5,116

8,366

13,482

2012

National Consumer Agency

Competition Authority

NCA and CA combined funding

4,654

7,841

12,495

2013

National Consumer Agency

Competition Authority

NCA and CA combined funding

5,127

7,360

12,487

2014

National Consumer Agency

Competition Authority

NCA and CA combined funding

4,955

7,332

12,287

2015

Competition and Consumer Protection Commission

12,230

2016

Competition and Consumer Protection Commission

12,141

Public Sector Staff Remuneration

Questions (309, 310)

David Cullinane

Question:

309. Deputy David Cullinane asked the Minister for Children and Youth Affairs the cost of reintroducing public sector allowances for public sector workers in her Department; and if she will make a statement on the matter. [17682/16]

View answer

David Cullinane

Question:

310. Deputy David Cullinane asked the Minister for Children and Youth Affairs the cost of ensuring that public sector workers recruited in her Department post-2011 are paid at the pre-2011 rate; and if she will make a statement on the matter. [17693/16]

View answer

Written answers

I propose to take Questions Nos. 309 and 310 together.

The Outcome of the Review of Public Sector Allowances was published by the Department of Public Expenditure on 18th September 2012. The Delegates (and Chairpersons) Allowance (payable to officials who travel outside of Ireland to represent Ireland at meetings of the EU or other international organisations, or who act as Chairpersons of EU Committees) is the only allowance pertinent to employees of this Department which was abolished for both new beneficiaries and existing staff. It would be extremely difficult to provide an accurate estimate of the cost of re-introduction as it would require information in relation to officials who may qualify for such an allowance in the future and, as my Department was only established in 2011, we have only one year to base any historic calculation on.

The issue of addressing the difference in pre and post 2011 salary scales for public servants was addressed with the relevant union interests under the provisions of the Haddington Road Agreement (HRA). Any further consideration of remuneration for any group of public servants will fall to be examined by the Department of Public Expenditure and Reform within the provisions of the Public Service Stability Agreement 2013 -2018 now commonly referred to as the Lansdowne Road Agreement (LRA). The process of restoring public service pay has commenced under the LRA and an important feature of this is the flat rate increase which is being implemented. As a result, there is no distinction between officers of this Department pre or post 2011.

Appointments to State Boards

Questions (311)

Anne Rabbitte

Question:

311. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the reason for the delay in filling two vacancies on the board of Tusla, the Child and Family Agency; and if she will ensure that board positions are filled immediately. [17782/16]

View answer

Written answers

The Child and Family Agency Act, 2013, provides for the appointment of a nine person Board consisting of a Chairperson, a Deputy Chairperson and seven ordinary members all appointed by the Minister for Children and Youth Affairs.

The Board currently consists of seven board members, arising from two recent vacancies.

Appointments to State Boards must be made in accordance with Government Guidelines for Appointment to State Boards that were approved by the last Government and published in November, 2014.

My Department is currently making arrangements for the filling of these vacancies having regard to relevant guidelines.

Child and Family Agency

Questions (312)

Catherine Murphy

Question:

312. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs why Tusla, the Child and Family Agency, has not yet responded to a person (details supplied); when it will make contact; if it has an issue with its caseload; how it can support a person; and if she will make a statement on the matter. [17845/16]

View answer

Written answers

As the Deputy will appreciate, it is not appropriate for me to comment on an individual case or on the day to day management of a case which is an operational matter for the Child and Family Agency, Tusla. I have asked my Department for a report from Tusla on this matter. I will be in touch with the Deputy once I receive this report.

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