Written Answers Nos. 60-67
60. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he has identified possible mechanisms to facilitate off-balance sheet capital expenditure in respect of strategic infrastructural deficits in such areas as energy, housing, water supply, transport or other essential requirements, given the economic benefits likely to accrue; and if he will make a statement on the matter. [19715/16]
View answer186. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which his Department has identified infrastructural deficiencies requiring urgent investment in the context of economic recovery such as the public housing programme, transport, energy and communications which might benefit from or qualify for off-balance sheet Government expenditure or investment; if a mechanism can be found to meet such requirements; and if he will make a statement on the matter. [20041/16]
View answerI propose to take Questions Nos. 60 and 186 together.
As the Deputy is aware, a strategic review of infrastructural requirements was undertaken by my Department as part of last year's capital review. This resulted in the publication in September 2015 of 'Building on Recovery: Infrastructure and Capital Investment 2016-2021', which outlined a €42bn framework for infrastructural investment across Ireland. The Plan prioritises spending on what were considered to be the areas of greatest need as the economy continues its strong recovery.
As always, to support traditional procurement, alternative means of funding continue to be explored by my Department, which includes 'off-balance sheet' methods allowed for under the fiscal rules. To support the planned Exchequer capital investment and €14.5bn commercial State sector investment elements of the Capital Plan, a new third phase of Public Private Partnerships (PPPs) to a value of €500m was announced as part of the Capital Plan. This off-balance sheet investment via PPP was specifically targeted at addressing priority needs in three areas - education, health and justice - while Phase 2 of the PPP programme announced in Budget 2015 is targeting social housing. Phase 1 of the PPP programme, announced in 2012, is addressing infrastructural needs in the areas of education, health, justice and transport.
The Programme for a Partnership Government commits to a review of Government priorities within the Capital Plan in the context of the mid term review to be undertaken in early 2017. The programme also provides for the Government to propose that the Oireachtas approve a cumulative, additional €4 billion in exchequer capital investment up to 2021, targeted in particular at the areas of transport, broadband, education, health and flood defences, to accelerate delivery of infrastructure requirements. The Summer Economic Statement provided for a further additional €1 billion capital investment, over and above the €4 billion already signalled in the Programme for a Partnership Government, thus bringing the planned total extra spending on capital investment to €5 billion over the period of the plan.
In undertaking the mid-term review of the Capital Plan in 2017, my Department will continue to consider the potential for alternative financing mechanisms to supplement direct exchequer investment in infrastructure, including off-balance sheet models.
61. Deputy David Cullinane asked the Minister for Public Expenditure and Reform his approach to companies receiving large public procurement contracts and yet not recognising trade unions when industrial issues arise. [19807/16]
View answerPublic procurement is governed by EU and National rules. The EU Treaty principles of equal treatment and non-discrimination, transparency, mutual recognition, proportionality, free movement of goods and services and the right of establishment must be observed on all tenders.
EU rules require tenderers to be compliant with relevant labour law in order to participate in a public procurement process. The Directive makes it clear that non-compliance with the relevant obligations may lead to exclusion of a tenderer from the procedure for the awarding of a public contract. This Directive was transposed into Irish law in May of this year.
The obligations in relation to labour law are reflected in the standard tender and contract documents developed by the Office of Government Procurement (OGP) in conjunction with the Chief State Solicitor's Office.
In the case of the goods and services, Schedule A of the template contract obliges contractors to comply with all applicable laws that apply at the place where the good/services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law listed in Annex X of Directive 2014/24/EU. In the case of works, Clause 5.3 of the Public Works Contracts requires contractors to respect the right under law of workers to be members of trade unions and provides access for trade union officials having concerns in relation to a contractor's or contractors' personnel's compliance with an agreement to a designated member of the contractor's management. A main contractor is required to provide a Certificate of Compliance with Clause 5.3 with each payment claim submitted (normally on a monthly basis). Failure to provide this compliance certificate will result in payment not being made by the contracting authority. The ultimate sanction if a main contractor continues to be non-compliant is for the main contract to be terminated. The management of the tendering process is a matter for each contracting authority.
Finally, I would point out that enforcement of employment law is a matter for my colleague the Minister for Jobs, Enterprise and Innovation and the Workplace Relations Commission (WRC) has responsibility for inspection of compliance in this area.
62. Deputy Fiona O'Loughlin asked the Minister for Public Expenditure and Reform the good practices that have been introduced to encourage employment of the members of new Irish communities in the Civil Service or local government; and if he will make a statement on the matter. [19561/16]
View answerThe civil and public service is an equal opportunities employer and all recruitment campaigns are conducted in strict compliance with the Codes of Practice set out by the Commission for Public Service Appointments.
As the deputy will be aware, the Civil Service is strongly committed to equality of opportunity in all its employment practices. As an employer, the Civil Service must fulfil its obligations under equality legislation, particularly the Employment Equality Act 1998. While recognising that people are different, employment practices must ensure that these differences do not lead to unlawful discrimination in the workplace.
The Civil Service Diversity Policy was launched in 2002 and reviewed in 2006. Together with the Civil Service Gender Equality Policy, these policies were designed to ensure that the Civil Service put equality at the centre of its approach to human resource management.
There is a considerable body of legislation and case law dealing with equality in the workplace. In common with all employers, the Civil Service is responsible in law for upholding equality legislation. The Diversity Policy aims to ensure that all civil servants and their customers, both internal and external, can be confident that no one will receive less favourable treatment on the grounds of gender, marital status, family status, sexual orientation, age, race, religion, disability, or membership of the Traveller community and throughout their working lives, Civil Servants can be assured of equality of participation in their Department, regardless of gender, marital or family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller community.
As an employer, the Civil Service strives to achieve real equality of opportunity by continuously monitoring its employment practices to ensure that they do not perpetuate existing inequalities.
Responsibility for the implementation of equality of opportunity lies with the Head of each Department.
63. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform if he will provide an update on his engagement with the Association of Secondary Teachers in Ireland regarding the renewal of financial emergency measures in the public interest, FEMPI, legislation; the way he will seek to minimise the effects of legislation on pay and work conditions into the future; and if he will make a statement on the matter. [19560/16]
View answerUnder section 12 of the FEMPI 2013 Act, I am obliged to review and report to the Houses of the Oireachtas on the operation, effectiveness and impact of the Financial Emergency Measures in the Public Interest (FEMPI) Acts 2009-2013 and consider whether or not any of the provisions of the relevant Acts continue to be necessary having regard to the purposes of those Acts, the revenues of the State and State commitments in respect of public service pay and pensions.
The report on the review undertaken was laid before both Houses of the Oireachtas on 29 June in accordance with the provisions of the Act. Among the considerations which informed the determination by me of the necessity for the continuing application of the measures provided for under the Acts were: the instability in the international economy (including risks posed by Brexit), the still fragile nature of our economic recovery, the need to protect hard won competitiveness gains, the high level of debt, the continuing fiscal deficit, the obligation to comply with the Stability and Growth Pact, and the need to balance competing demands within the available fiscal space.
A meeting was held at the end of last year between senior representatives of the ASTI and officials of my Department, during which the ASTI representatives were provided with a comprehensive appraisal of the FEMPI legislation and the implications of its statutory implementation. Given the statutory context of the review, it was not appropriate for the Minister to meet directly with any body representing persons affected in the completion of this review.
The terms of the Lansdowne Road Agreement (LRA) reducing the impact of the pay reductions are being implemented through the Financial Emergency Measures in the Public Interest Act 2015 over the three years to 2018 at a full final year cost of €844m. Additional provisions provide for a similar programme of reductions in the impact of the Public Service Pension Reduction at a full-year cost of €90m in 2018.
64. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform if he will extend full and equal pension rights to public sector workers who identify as LGBTI and allow them to upgrade their pensions to spouse and children pensions; and if he will make a statement on the matter. [19753/16]
View answerMy role as Minister in the field of pensions relates to issues affecting the civil and public service. The civil service operates Contributory Pension Schemes which provide benefits to spouses and/or children of deceased scheme members. In summary, when a member dies after retirement, a spouse's pension of up to one-half of the former member's pension is payable. Dependent children are also entitled to a child's pension.
Same sex married couples are afforded the same benefits under the Civil Service Schemes and the Single Public Service Pension Scheme as married couples of the opposite sex. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 extended the benefits provided to spouses under pension schemes to civil partners and the Marriage Act 2015 gives effect to the referendum on marriage equality.
65. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform the status of the allocation of ministerial powers at both Cabinet and Minister of State level; if all ministerial powers have been transferred to reflect the reorganised ministerial portfolios; if not, the powers which have not been transferred and the reason there has been a delay; when they will be transferred; and the delegated powers of each of the Ministers of State. [19810/16]
View answerIn accordance with the Transfer of Functions Guidelines, my Department has responsibility for co-ordination of transfers of Departmental administration and Ministerial functions. Following the reorganisation of Government Departments announced by the Taoiseach on the 6th of May, functions were to be transferred between the Department of the Environment, Community and Local Government and the Department of Arts, Heritage and the Gaeltacht, and between the Department of the Environment and the Department of Communications, Energy and Natural Resources.
Functions relating to Rural Affairs have already been transferred from the Minister for the Environment, Community and Local Government to the Minister for Arts, Heritage and the Gaeltacht under the Rural Affairs and Social Enterprise (Transfer of Departmental Administration and Ministerial Functions) Order 2016 which will come into effect on 9 July 2016. These include functions relating to the LEADER programme, the Rural Development Fund, the CLÁR programme, Rural Recreation, Rural Economic Development Zones, Tidy Towns, the Town and Village Renewal Scheme, the Walks Scheme, Social Enterprise and the Western Development Commission.
There is a much larger number of functions to be transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources involving a significant amount of legislation. The legal complexity associated with the drafting of this Transfer of Functions Order means that there is a considerable time requirement associated with it. Drafting of the Order is nearing completion and it is expected to be brought to Government in the next number of weeks. The entire Environment and Waste Management Programme and the Environment Fund are transferring to the Minister for Communications. This includes seven programme areas, which are:
- Environmental Protection Agency
- Carbon Fund
- International Climate Change Commitments
- Landfill Remediation
- Technical Research and Modelling (Climate Change)
- Subscriptions to International Organisations
- The Environment Fund
The delegation of powers for Ministers of State is not centrally coordinated by my Department and is a matter for the individual Departments in question.
66. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform the sections of staff that have been assigned or transferred between Departments as a consequence of changes to ministerial or departmental structure; and if he will make a statement on the matter. [19811/16]
View answerArising from the Taoiseach's decision to restructure Departments of State to better align them with the priority objectives of the new Government, a number of functions that are currently vested in the Minister for the Environment, Community and Local Government transferred to the Minister for Arts, Heritage and the Gaeltacht. This will facilitate the establishment of the new Department of Regional Development, Rural Affairs, Arts and the Gaeltacht.
While responsibility for the Community Affairs brief continues to be vested in the new Minister for Housing, Planning and Local Government, responsibility for programmes relating to the rural affairs function will now transfer to the Minister for Regional Development, Rural Affairs, Arts and the Gaeltacht.
The programmes and work items transferred include the LEADER Programme, the CLÁR Programme, Rural Recreation, the National Countryside Recreation Strategy, the Walks Scheme, the Rural Development Fund, Social Enterprise, Tidy Towns, Rural Economic Development Zones, the Town and Village Renewal Scheme, the Western Development Commission, Dormant Accounts and functions relating to Social Enterprise.
Regarding the numbers that have transferred, 40 staff have transferred in from the Community Division of the Department of Environment, Community and Local Government.
Further business areas relating to the Environment and Climate Actions will transfer to the Department of Communications, Energy and Natural Resources when the Transfer of Functions Order is complete.
Two members of staff have also already transferred to the Department of Arts, Heritage and the Gaeltacht from the Department of Communications, Energy and Natural Resources, one from the Post Office Network section, and one from the Rural Broadband section.
67. Deputy Catherine Martin asked the Taoiseach the number of appointments he has made to State boards since the move to the Public Appointments Service two years ago to date; the names of those appointed and the relevant position on each board; the names of those persons on the short-list; the date when the short-list was provided to him; and if he will make a statement on the matter. [20073/16]
View answerI make appointments to the National Economic and Social Council (NESC) and the National Statistics Board (NSB) in accordance with the National Economic and Social Development Office Act 2006, S.I. No. 603 of 2010 - National Economic and Social Council (Alteration of Composition) Order 2010; and Section 18 of the Statistics Act 1993.
Since November 2014 I have made one appointment to the NESC and no appointments to the NSB. Ms. Patricia King, General Secretary of the Irish Congress of Trade Unions, was appointed to the NESC in March 2015 following nomination by ICTU.
