Written Answers Nos. 296 - 323
296. Deputy Éamon Ó Cuív asked the Minister for Foreign Affairs and Trade the progress made to date in the case being taken by the Government in the European Court of Human Rights against the UK in respect of the Hooded Men torture cases of 1971; when it is hoped the case will go to a full open hearing; and if he will make a statement on the matter. [29817/16]
View answer297. Deputy Éamon Ó Cuív asked the Minister for Foreign Affairs and Trade the discussions that have taken place between officials in his Department in the past two years and the survivors of torture in the Hooded Men cases of 1971 in respect of the reopening of their cases in the European Court of Human Rights; and if he will make a statement on the matter. [29818/16]
View answerI propose to take Questions Nos. 296 and 297 together.
On 2 December 2014, the Government announced its decision to request the European Court of Human Rights to revise its 1978 judgment in the case taken by Ireland against the UK. The request was filed with the Court on 4 December 2014. On the basis of new material uncovered, the Government has contended that the ill-treatment suffered by the Hooded Men should be recognised as torture. The Government’s request currently remains under consideration by the Court.
This decision was not taken lightly. The Government is acutely aware of the suffering of the individual men involved and of their families, of the significance of this case, and of the weight of these allegations.
The Government is also conscious that, in the Council of Europe, the European Union, and in other fora, Ireland and the UK as strong bilateral partners have worked together to promote human rights, and will continue to do so. The Irish Government and British Governments have both worked hard over many years to build stronger, more trusting relations. I believe that this relationship stands to us both in working through the serious matters raised in the Government’s request to the European Court of Human Rights on the Hooded Men case.
In March this year the UK were invited to submit observations on a number of questions posed by the European Court of Human Rights (publicly accessible via the website of the European Court of Human Rights). At the request of the UK, the deadline for submission of their observations has been extended by the Court from time to time and now stands at 15 December 2016. The UK observations will in due course be made available to the Government and an opportunity afforded for reply. The European Court of Human Rights has also advised that the further procedure regarding the Government’s request for a revision of the 1978 judgment will be determined upon receipt of both parties’ observations.
My Department has remained in contact with the legal representatives of the survivors and their families in the Hooded Men case since the Government’s request to the European Court of Human Rights in December 2014 and has kept them updated on the status of the case.
I understand that a request has been made on behalf of some of the victims in this case for a meeting with my officials and I have directed that this should take place.
As the case progresses, my Department will remain in contact with the appropriate interlocutors so that those affected remain informed of progress in the case.
299. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the progress to date on the implementation of LCR 19293 regarding pension claims for community employment supervisors; the number of times the forum has met since it was set up in September 2015; and if he will make a statement on the matter. [29231/16]
View answerThe issue of pension entitlements for Community Employment Scheme Supervisors and Assistant Supervisors was the subject of a Labour Court recommendation in 2008. The position is that although the employing bodies concerned are mainly funded by public expenditure programmes, the State does not have any role as an employer in this sector and the employees of such bodies are not public servants.
This matter together with other related issues is the subject of discussion at the Community Sector High Level Forum (or Working Group) (previously the Informal Forum) which comprises public service management and union interests and which was reconvened in the last quarter of 2015. The forum met on 27 November 2015 and 11 April 2016. Further meetings will be planned once a new Chair has been appointed.
300. Deputy Robert Troy asked the Minister for Public Expenditure and Reform if persons will be allowed to work until they reach 66 years of age (details supplied). [29431/16]
View answerAn Inter-Departmental Working Group on Fuller Working Lives was established earlier this year under the chairmanship of my Department which considered policy around retirement age in both the public and private sectors, examining implications arising from retirement ages now and in the future. That Group reported recently and in accordance with one of its recommendations, my Department is currently preparing to carry out a review, with public service employers, of the current statutory and operational considerations giving rise to barriers to extended participation in the public service workforce up to and including the current and planned age of entitlement to the Contributory State Pension.
Any consideration of changes to existing public service compulsory retirement ages would need to have regard to the service-delivery requirements of the particular public service sectors, existing terms and conditions of employment including pension provision and other entitlements of the staff concerned, workforce planning issues and impacts on the public finances.
301. Deputy Shane Cassells asked the Minister for Public Expenditure and Reform if, under EU procurement regulations, Irish SMEs will be precluded from tendering for public contracts, which they have been successfully carrying out efficiently and effectively for many years (details supplied); and if he will make a statement on the matter. [29452/16]
View answerPublic Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. 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.
The Government acknowledges the significant role that SMEs play in the Irish economy and is committed to ensuring that SMEs are fully engaged with public sector procurement. In this regard and in accordance with the Programme for Government, my colleague, Minister of State Eoghan Murphy, chairs the SME Advisory Group, a group consisting of industry representatives of the SME Sector including ISME, IBEC, SFA, Chambers Ireland, and CIF as well as relevant State Bodies such as the Department of Jobs, Enterprise and Innovation, InterTrade Ireland and Enterprise Ireland and the Office of Government Procurement (OGP). It should also be noted that the OGP's "Public Service Spend and Tendering Analysis for 2014 Report" which was launched by Minister of State Murphy last month indicated that the majority of the spend analysed is with SMEs and equally important, in terms of SME access to government business, is the report's highlighting that, in the majority of spend areas, the typical tender value is less €100,000.
There is a recognition at EU level of the need to promote and facilitate SME participation in public procurement. The EU Directives on Procurement are intended to make it easier for businesses and SMEs to tender for public sector procurement contracts. Specific measures aimed at facilitating SME participation in public procurement include the following:
- financial capacity criterion is now less demanding; it is generally limited to twice contract value;
- electronic methods of communication is now mandated in parts of the award process;
- the use of a self-declaration European Single Procurement Document by suppliers is introduced to reduce red tape;
- there is the discretion to divide public contracts into lots, with the proviso that opting not to divide a contract into lots must be explained in the procurement documents;
- there is a provision for "consortia bidding" to encourage SME involvement;
- there is explicit provision for prior discussion with suppliers and independent experts, with safeguards against distorting competition or violating transparency and non-discrimination principles;
- there are reductions in the time limits for receipt of tenders by 30%; and
- Member States are required to report back to the Commission every 3 years on SME participation in public procurement.
These measures were transposed into Irish law in May of this year by the OGP. DPER Circular 10/14: Initiatives to assist SMEs in Public Procurement which issued in April 2014 had accelerated a number of these measures into public policy.
The OGP will continue to engage and work with the SME 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.
302. Deputy Robert Troy asked the Minister for Public Expenditure and Reform his plans to recruit for public service positions in the Galway region; if so, when this recruitment will begin; and if he will make a statement on the matter. [29525/16]
View answerAs the Deputy will be aware the Public Appointments Service (PAS) is the centralised recruiter for the Civil and Public Service. It is an independent, statutory body which provides professional recruitment and selection services. Through its selection competitions PAS establishes panels of suitably qualified individuals from which vacancies may be filled. The number of positions available to any particular panel depends on the demand from departments/offices and that demand is subject to their pay and numbers allocation.
For example, the previous Clerical Officer recruitment campaign advertised in June 2014 attracted over 28,000 applications and panels of qualified candidates were established for locations where vacancies have been notified to PAS. In such instances candidates who have chosen the particular location/region, and who have qualified through the selection process are placed on a panel for that region. Vacancies notified to PAS are then filled from these panels. I understand that PAS made 78 clerical assignments from the 2014 competition to the Galway/Clare region.
A new clerical officer competition was advertised in May 2016, which garnered almost 30,000 applications. Applicants could select up to two regional locations. Candidates completed online assessments at Stage 1, and those highest placed candidates for all regions are currently being invited to Stage 2 supervised tests. Candidates placed up to 220 on the order of merit for Galway were invited to test in early October. We expect Stage 3 interviews to take place in the coming weeks. Once this panel is established it will replace the panel for Galway/Clare from the 2014 competition. Assignments will be made to Galway according to order of merit placing, as vacancies arise. While every effort is made to make sure that panels are not large, placement on panels is no guarantee of appointment to a position.
303. Deputy Joan Collins asked the Minister for Public Expenditure and Reform if the OPW will investigate dangerously hanging trees on the river embankment of the River Camac in Dublin 8 (details supplied). [29239/16]
View answerThe Deputy should note that tree maintenance at this location is the responsibility of Dublin City Council (DCC).
Significant flood remedial works were carried out by DCC in 2014 on the Camac river at Carrickfoyle Terrace, Millbrook Terrace and at Lady's Lane Kilmainham with funding provided by the Office of Public Works under the Minor Flood Relief Works and Coastal Protection Scheme. This work consisted of the construction of almost 100 metres of new reinforced flood defence walls and the strengthening of existing walls at the rear of properties in the locations mentioned above. This work has provided a high level of protection against flooding to the properties in this area.
More comprehensive flood relief proposals for the Camac River are currently in the early stages of planning, with DCC and OPW working in partnership to ascertain how any works might be progressed.
304. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform the position regarding the provision and availability of payslips for persons who are retired from the public service and who need proof of income from lending institutions in a timely manner; and if he will make a statement on the matter. [29286/16]
View answerIn response to the Deputy's question, the Payroll Shared Service Centre processes payroll payments for over 98,000 payees, including retired civil servants. The primary source for the provision of payslip information is through the Payroll Shared Service Centre online payslip facility. Payees can access current and historical payslip data through this online facility, which can be accessed through the internet. The hard copy payslip facility was discontinued in 2010 with a number of exceptions; where there is a change in net pension payable of + or - €7.50, the first payslip of the new year and the last payslip in the year are also issued in hard copy. This change was communicated to all pensioners in writing in 2010. In addition all new pensioners in the PSSC are notified in writing of the procedures to register for the online payslip facility, with all queries dealt with through the PSSC Helpdesk.
305. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform his views on a query regarding pension entitlements by a person (details supplied); and if he will make a statement on the matter. [29296/16]
View answerThe issue raised in this question relates to a provision of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 which extended the application of pension abatement to cases in which the public service pensioner secures an appointment in sectors other than the sector in which the pensioner had been previously employed.
Abatement of pension in the public service is intended to ensure that a pensioner's combined income from salary and occupational pension does not exceed the salary he or she would have had if he or she had not retired from the civil or public service. The principle of abatement goes as far back as the Superannuation Act 1834. Prior to the 2012 Act, abatement could normally only apply where the pensioner returned to the same public service employment or pension scheme from which his or her pension was payable. The application of abatement was widened by section 52 of the 2012 Act so that it can now apply in respect of a public service pensioner taking up an appointment in any sector of the public service. No amendment to this provision is currently planned.
306. Deputy Shane Cassells asked the Minister for Public Expenditure and Reform when he will recognise and implement the community supervisors-assistants pension claim, LCR 19293, in view of the fact this is now ongoing for the past 14 years; and if he will make a statement on the matter. [29311/16]
View answerThe issue of pension entitlements for Community Employment Scheme Supervisors and Assistant Supervisors was the subject of a Labour Court recommendation in 2008. The position is that although the employing bodies concerned are mainly funded by public expenditure programmes, the State does not have any role as an employer in this sector and the employees of such bodies are not public servants.
This matter together with other related issues is the subject of discussion at the Community Sector High Level Forum (or Working Group) (previously the Informal Forum) which comprises public service management and union interests and which was reconvened in the last quarter of 2015.
307. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the health and safety framework of each commercial and non-commercial State agency; when the health and safety policy of each was last reviewed; when the safety statement of each was last reviewed; if each body has a health and safety committee and when this was last elected; if each has a health and safety representative and when this person was last elected; and if he will make a statement on the matter. [29568/16]
View answerIn response to the Deputy's question, there are no commercial or non-commercial state agencies under the remit of my Department.
308. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the gifts or hospitality given to employees to attend overseas sporting or musical events during 2015 in respect of all commercial and non-commercial agencies; the locations of such visits; and if he will make a statement on the matter. [29569/16]
View answerIn response to the Deputy's question, there are no commercial or non-commercial state agencies under the remit of my Department.
309. Deputy Willie O'Dea asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the chairperson of the community high-level forum, which was set up in November 2015, has had only one meeting since and that the chairperson has since stepped down to take up a new position with the Workplace Relations Commission; when it will reconvene; and if he will make a statement on the matter. [29613/16]
View answerI am aware of the activities of the Community Sector High Level Forum (or Working Group) (previously the Informal Forum) which was convened to examine certain issues pertaining to the Community Employment sector. The forum met on 27 November 2015 and on 11 April 2016. Future meetings will be planned once a new Chair has been appointed.
310. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform the current position regarding the revised Manual on Government Deficit and Debt, MGDD, published by EUROSTAT on 4 March 2016; the implications of these guidelines for the treatment of existing and future public-private partnerships, PPPs; the implications for future profit sharing between the State and PPPs; if he has had any discussion with the European Commission on this issue; and if he will make a statement on the matter. [29638/16]
View answerIn response to PPP stakeholders' calls for greater clarity on the way in which Eurostat classifies public private partnerships, in the wake of the publication in March of the Revised Manual on General Government and Debt (MGDD), the European PPP Expertise Centre (EPEC) and Eurostat have worked together over recent months to produce a practitioners' guide with a view to bringing greater clarity and improving the understanding of how the rules on PPPs used by Eurostat are applied in practice.
The output of this process was "A Guide to the Statistical Treatment of PPPs" which was published on 29 September as a joint EPEC/Eurostat document. The Guide constitutes official Eurostat guidance and complements, interprets and clarifies Eurostat's previous publications on the statistical treatment of PPPs.
My Department is currently examining the Guide, in conjunction with the NDFA and the CSO, and is attending an EPEC statistical treatment working group meeting this week, arranged specifically to consider and discuss the new Guide, with Eurostat also attending for part of the meeting. Accordingly, a final assessment of the implications for Irish PPPs of this latest Eurostat guidance will only be possible following the detailed consideration of the document which is already underway. However, I understand the initial indications are that the key concerns which had been expressed in relation to the uncertainty created by the revised MGDD issued in March do appear to have been clarified in the new guidance, in a manner which appears to address most of the key concerns originally raised by the Irish authorities.
311. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the reason an OPW-controlled tourist attraction such as Boyle Abbey has a shorter opening season than other OPW venues such as King House in Boyle or neighbouring Sligo Abbey, which are open until the end of October; the reason a similar operating season is not adhered to in all OPW venues in a bid to maximise the tourist season; and if he will make a statement on the matter. [29642/16]
View answerThe Office of Public Works provides supported public access at 80 historic sites around the country on either a seasonal or a full-time basis, with many of these sites operating a guided tour service to enhance the visitor experience. Of this total, 33 sites will operate on a year round basis in 2017 and the remainder will be seasonal, opening on various dates between March/May and closing between September/November. The opening dates for Boyle Abbey this year were 24th March to 21st September, which are broadly similar to both the other locations mentioned in this Question: Sligo Abbey (managed by OPW; 24th March - 12th October) and King House (managed by Roscommon Co. Council; 4th April - 30th September).
The OPW's policy is to facilitate the broadest possible opening season at all sites, allowing public access to the greatest number of properties for as long as possible. This must be done with due regard for the demands of monument protection, visitor safety and resource availability. At certain sites therefore, OPW must make a judgement to close a site after the peak season has passed, basing the decision on such factors as likely visitor demand and the amount of resources available to provide the necessary attendant guide or caretaker services.
Recognising the resource limits placed on it, and understanding the appetite in local communities in particular with regard to opening sites more fully in the off-season, the OPW has developed an approach to working with trusted local groups to facilitate keyholding arrangements and properly manned volunteer guiding efforts at off peak times which can sometimes meet a visitor demand. Certain such initiatives have been developed at a number of sites such as Trim Castle in Co. Meath and Doe Castle in Co. Donegal and the OPW would be happy to consider a similar proposal at Boyle were it to emerge.
312. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the efforts being made to open up State procurement contracts to smaller companies and SMEs by breaking down contracts; and if he will make a statement on the matter. [29651/16]
View answerPublic Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. 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. There is, however, a recognition at EU level to promote and facilitate SME participation in public procurement.
The Government acknowledges the significant role that SMEs play in the Irish economy and is committed to ensuring that SMEs are fully engaged with public sector procurement. In this regard and in accordance with the Programme for Government, my colleague, Minister of State Eoghan Murphy, chairs the SME Advisory Group, a group consisting of industry representatives of the SME Sector including ISME, IBEC, SFA, Chambers Ireland, and CIF as well as relevant State Bodies such as the Department of Jobs, Enterprise and Innovation, InterTrade Ireland and Enterprise Ireland and the Office of Government Procurement (OGP). It should also be noted that the OGP's "Public Service Spend and Tendering Analysis for 2014 Report" which was launched by Minister of State Murphy last month indicated that the majority of the spend analysed is with SMEs and equally important, in terms of SME access to government business, is the report's highlighting that, in the majority of spend areas, the typical tender value is less €100,000.
Circular 10/14: Initiatives to assist SMEs in Public Procurement issued by my Department in April 2014 set 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. This circular also encourages public bodies to break large contracts down into lots where reasonable to do so. This enables smaller businesses to compete for these smaller elements of a larger contract. This has to be done in a way however that does not expose the State to undue risk or significant management overheads.
The OGP works with industry representative bodies to promote the engagement of SMEs in public procurement as well as the Department of Jobs, Enterprise and Innovation, InterTrade Ireland and Enterprise Ireland. Practical examples of the type of strong interagency work and co-operation is the OGP's support for the InterTrade Ireland 'Meet the Buyer' events in Belfast last June and Cork on 19 October 2016.
For further details of the various initiatives that have been put in place since 2013 to facilitate SME access to Public Procurement, I would point the Deputy to the "Progress Report of the High Level Group on SME Access to Public Procurement" published on 7th January which is on the OGP website.
In conclusion, the reform of public procurement across the public service is on-going and will continue to provide opportunities to the SME sector to win business. The OGP 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.
313. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the reason a position (details supplied) was not externally advertised before it was given to a person (details supplied); the person who made the final decision in regard to this appointment; and if he will make a statement on the matter. [29666/16]
View answerIn response to the Deputy's question the Minister for Public Expenditure and Reform has no responsibility in this matter. I understand that the information can be obtained by the Deputy directly from the Houses of the Oireachtas.
314. Deputy Ciarán Cannon asked the Minister for Public Expenditure and Reform when the OPW will complete its work in preparing stage 2A of the school building project for a school (details supplied). [29705/16]
View answerThe Athenry Boys School is one of a bundle of schools which the Department of Education and Skills (DoES) asked the Office of Public Works (OPW) to assist with. To date, OPW have completed seven schools on behalf of the DoES.
The approved DoES brief for Boys National School Athenry proposes a four classroom extension with a new General Purpose Hall and ancillary accommodation. Within the constraints of the existing site, this brief would have impacted on the existing Hurling Pitch which is of significant importance to the school. To assist and resolve this situation, OPW is prepared to give an adjacent site they own to allow the school expand without affecting the Hurling Pitch.
The OPW presented a Stage 1 Scheme to DoES in April 2016. Subject to some minor amendments, DoES provided approval to proceed to the next stage of design development in May 2016.
In May 2016, the Consultant Quantity Surveyor notified OPW & DoES of his intention to withdraw his services for this project due to difficulties associated with his consultation fee.
OPW re-tendered for Quantity Surveyor Consultants in July 2016, and received tenders towards the end of September 2016. OPW have assessed the tenders and are in the process of appointing a new Quantity Surveyor. We expect the appointment to be ratified within a matter of days. Once OPW have the full design team, it can continue with the scheme development.
OPW have continued to develop the project in the absence of a Quantity Surveyor and it is our intention to proceed to organise a Stage 2A presentation to DoES during Quarter 4 2016. Subject to approval from DoES, we would progress with lodging a Planning Application soon after.
315. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if the OPW is in receipt of any funding application for minor flood relief works from Dublin City Council; and if he will make a statement on the matter. [29763/16]
View answerI have been advised that the Office of Public Works is not in receipt of any applications currently under the Minor Flood Mitigation Works and Coastal Protection Scheme from Dublin City Council.
316. Deputy Thomas Byrne asked the Minister for Public Expenditure and Reform if his Department favours putting in place a borrowing framework for institutes of technology, or technological universities, that give institutes of technology autonomous borrowing powers outside of general government; and if his Department is of the view that it would be legally possible to put such an autonomous borrowing framework in place under EUROSTAT rules. [29778/16]
View answerThe Deputy will appreciate that a very important consideration in considering the scope for independent borrowing by institutions in the higher education sector is whether that borrowing is classified as falling within the General Government sector or not.
At national level the CSO are responsible under EU regulation for ensuring that all units within the economy are classified according to the rules set out under the European system of accounts (ESA2010). Eurostat monitor this role through documentation, including the excessive deficit procedure (EDP) inventory for Ireland, and through biennial dialogue visits. Eurostat are the ultimate arbiters on the classification of units in relation to EDP and other Government Finance Statistics.
Universities have traditionally had autonomous borrowing powers as they are classified as outside General Government. This outside General Government status is determined by a combination of the traditional autonomy that such institutions have historically enjoyed and their capacity to generate own income, so that they meet the 'market test', that is, that Government funding represents less than 50% of their overall income. As such, borrowings by Universities are 'off-balance sheet' and do not impact on the level of General Government Debt.
These considerations do not apply in the case of the Institutes of Technology (IOTs). IOTs, unlike Universities, are currently classified as inside General Government. Consequently, expenditure by the IOTs impacts on the General Government Balance (GGB) and borrowing by the IOTs contributes to the General Government Debt (GGD). Essentially, as borrowings are spent, they would disimprove the General Government balance in the same way as applies with direct Exchequer funding of the IOTs.
The Deputy may wish to note that the question of the borrowing capacity of IOTs is currently under examination by the Department of Education and Skills, in consultation with my Department, in light of proposals for increased provision of student accommodation as part of the Government's response to the housing crisis.
317. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the status of the cleaning out of rivers (details supplied) in County Kerry; and if he will make a statement on the matter. [29781/16]
View answerThe Office of Public Works (OPW) has maintenance responsibility for those Catchment Drainage Schemes and Flood Relief Schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995.
Each year the OPW carries out work to approximately 2,000 km of channels and in the region of 200 structures around the country as part of its ongoing and rolling arterial drainage maintenance programme. While the average cycle of maintenance is generally in the range of 4 to 7 years, the OPW does routinely inspect all channels and structures for which it has maintenance responsibility. The timing of work on individual projects is determined having regard to the needs of regular maintenance and the prioritisation of urgent jobs. Immediate attention is being given to flood risk defences that have been breached and that need to be reinforced or in some cases reconstructed.
Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address, and Kerry County Council may carry out flood mitigation works using its own resources.
The OPW operates a Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial, are published on the OPW website at http://www.opw.ie. It is open to Kerry County Council to submit a funding application under the Scheme. Any application received will be considered in accordance with the overall availability of resources for flood risk management and the scheme's eligibility criteria, available on the OPW website.
318. Deputy Clare Daly asked the Minister for Public Expenditure and Reform his views on the severance package of €1.119 million received by a senior civil servant between 2011 and 2013; and his further views on other severance packages of over €500,000 paid out during the years 2010 to 2016. [29875/16]
View answerThe severance value referred to by the Deputy relates to a case quoted in the report on severance payments in the public service published by the Comptroller and Auditor General (C&AG) and recently reviewed by the PAC. The value cited is the capital value assigned to an entitlement to retire early and an award of added pension years calculated by the C&AG's actuarial consultant based on certain assumptions including the value of pay parity pension increases and life expectancy.
As is evident from the fact that only one such case was identified by the C&AG between the years 2011 to 2013, the availability of high value severance terms to civil servants is highly unusual. The circumstances of this case were that while the official's substantive grade in his parent Department was Principal Officer, he had served at Assistant Secretary level for about 13 years. He was awarded 7.66 added years to bring his total service to 40 years so as to avoid the prospect that the entire superannuation benefits would fall to be calculated at the higher salary point.
The cash value of the added years' award is a pension of €10,292 p.a. and a once off gratuity of three times that annual pension.
The figure of €1,119,000 in the report comprised valuations of €454,000 in respect of added years and €665,000 in respect of early payment of pension, with the values of both of these elements calculated by a consultant actuary.
The capital value calculation does not mean that the retired official will receive €1.119 million in cash payments. For example, the calculation assumed annual pay increases of 3.5%. In reality, there have been no increases in payment since the pension commenced and 3.5% p.a. increases are highly unlikely to be paid in the short to medium term. Also, there is a large degree of uncertainty in relation to actual life expectancy in individual cases.
In the civil service, the potential for high value severance terms generally only applies in the case of Secretaries General under what is known as the old TLAC terms which were withdrawn for new appointees in October, 2011. These legacy terms consist of the following:
- Option of offering the person an alternative public service post, or a position in an international institution, if under age 60 on the expiry of their term of office.
- If no alternative post is offered or if they are over 60 on the expiry of their term, the following is provided:
1. Immediate payment of pension and lump sum, without any actuarial reduction
2. Added notional service up to a maximum of 10 years or balance of service to age 65 (capped to ensure that the pension can be no more than half pay).
3. Severance payment of 6 months' salary.
A Government decision of October 2011 set out revised arrangements for Secretaries General appointed since November 2011. Under these arrangements:
- No pension is payable before minimum pension age.
- There are no added years of notional service.
An alternative post will be offered where a Secretary General, who prior to appointment was a civil servant, does not have 40 years of service and has not reached minimum pension age.
A severance payment of up to 1 year's salary where an individual is not of minimum pension age and has not been offered an alternative post.
- No severance is payable where an offer of an alternative post is refused.
There are six Secretaries General who retain an entitlement to the "old" TLAC terms. Three of these are due to complete their terms in 2017 and a further three in 2018. The value attaching to the TLAC terms will vary from case to case depending on the specific circumstances applying at each retirement.
319. Deputy Eamon Ryan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will publish a map of the precise location in a case (details supplied). [29274/16]
View answer320. Deputy Eamon Ryan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if a location (details supplied) meets the definition of orchid-rich priority habitat 6210 based on table 2.3. [29275/16]
View answer321. Deputy Eamon Ryan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will publish a full breakdown of the conservation score of 9.5 attributed to a location (details supplied), as derived using the terminology of table 2.9 criteria used in the calculation of the conservation score for each site. [29276/16]
View answer322. Deputy Eamon Ryan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will publish a breakdown of the threat score of 15.4 attributed to a location (details supplied) as derived using the terminology of table 2.10 criteria in the calculation of the threat score for each site. [29277/16]
View answer323. Deputy Eamon Ryan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the obligations that arise for the Government under EU law to protect public lands, where those lands meet the definition of orchid-rich priority habitats 6210, from threats such as development. [29278/16]
View answerI propose to take Questions Nos. 319 to 323, inclusive, together.
All of the data and mapping referred to by the Deputy is available for download at: https://www.npws.ie/maps-and-data/habitat-and-species-data. This includes site, habitat and relevé location data as ESRI-compatible GIS files. The survey report and all data are collated into an MS Access database. My Department will forward a map and the breakdown of conservation and threat scores to the Deputy.
In this survey, this location did not meet the definition of Orchid-rich grassland, habitat code 6210.
The EU Habitats Directive provides a detailed procedure for the adoption and designation of nature conservation sites, i.e. Special Areas of Conservation (SACs), for habitats listed in Annex 1 of the Directive. Member States are required to protect the best examples of such habitats in their territory, but not all areas containing such habitats. Ireland has completed its process in relation to Orchid-rich priority habitats and is considered sufficient in this regard through EU processes. There is no legal obligation under the Habitats Directive to protect habitats falling outside of the SAC network.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
