Written Answers Nos. 355-376
355. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which the situation in South Sudan remains under observation by the European Union with a view to making a positive impact to protect civilians, the observance of human rights principles and-or set up safe havens; and if he will make a statement on the matter. [32093/16]
View answerThe European Union maintains a strong focus on South Sudan where ongoing violence and human rights abuses compound an extremely serious humanitarian situation in one of the most fragile countries in the world.
Despite the formation of a Transitional Government of National Unity in April 2016, acts of violence and human rights abuses continued in South Sudan. In July, a serious outbreak of fighting between Government and Opposition forces resulted in the deaths of at least 300 people, including two UN peacekeeping troops.
Following the violence in July, the Foreign Affairs Council adopted Conclusions on South Sudan on 18 July. The Council condemned in the strongest terms the attacks on civilians, UN compounds, diplomatic officials and aid workers arising from the widespread violence. The Council Conclusions urged the Government of South Sudan to respect international humanitarian law, and noted that the South Sudanese population had suffered grave abuses, including gender based violence and forced displacement. The Council also commended all neighbouring countries for keeping borders open and hosting South Sudanese refuges, which are now estimated to number over 1 million.
High Representative Federica Mogherini released a statement on behalf of the European Union on 20 September, reiterating the call for the South Sudanese Government to establish the Hybrid Court for South Sudan, as detailed in the Agreement for the Resolution of Conflict in South Sudan, which was agreed by both sides to the civil war in August 2015. The statement also called for the opening of an investigation into all crimes committed during the outbreak of violence in July.
The EU is also among the most generous donors of humanitarian assistance in South Sudan, providing over 40% of all humanitarian aid directed to the crisis in 2016.
Ireland also maintains a strong focus on South Sudan through targeted humanitarian assistance, interventions at the Human Rights Council, and engagement at EU level informed by ongoing monitoring by our Embassy in Addis Ababa.
Since the outbreak of the conflict in December 2013, Ireland has provided €28 million in humanitarian assistance through our UN, Red Cross and NGO partners on the ground. This year, Ireland has provided €8.5 million in humanitarian assistance for food and livelihood assistance, treating acute malnutrition, providing shelter and protection, and providing emergency services in health care, water and sanitation and education for the most vulnerable.
Ireland intervened on South Sudan at the Human Rights Council in June 2016. Ireland's statement called on the Transitional Government to respect and protect fundamental human rights, and called for civil society actors, including human rights defenders, to be enabled to exercise their rights free from violence, arrest and intimidation. We also supported calls for the formation of a Commission on Human Rights in South Sudan, and encouraged the Commission to pursue recommendations on how transitional justice, accountability and reconciliation could be delivered.
356. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which women and girls continue to be targeted by Boko Haram; the extent to which women and girls taken as hostages are being released; the efforts being made to assist their release; and if he will make a statement on the matter. [32096/16]
View answerIreland has consistently condemned the violence perpetrated by Boko Haram, which has resulted in the deaths of thousands of people and the displacement of over 2 million. The activities of the group continue to pose a serious risk to the peace and security of Nigeria and the wider region, including Cameroon, Chad and Niger.
In a UN report released in June of this year, UN human rights experts found that Boko Haram have subjected women and children to extensive practices of abduction, rape, forced marriage, and forcing children into direct and supporting combat roles. There is also a serious developing trend of forcing young girls to engage in suicide bombings.
While exact numbers of those abducted is difficult to confirm, the UN estimates that thousands of women and children have been abducted by Boko Haram since 2012. As of February 2016, 1,010 of these children had been rescued. Ireland, with our EU partners, continues to call for all parties to work together in securing the release of those that have been abducted.
In particular, Ireland has consistently called for the release of the Chibok Schoolgirls, who were abducted in April 2014. In that regard, I welcome the recent news of the release of 21 of the girls and join with my EU colleagues in congratulating Nigeria on the success of the negotiations. I also commend Switzerland and the International Committee of the Red Cross (ICRC) for their important role in facilitating this process. The release has brought the total number of the Chibok Schoolgirls freed in 2016 to 22.
While it is the responsibility of the Nigerian Government to ensure that a secure environment is provided to its citizens, Ireland, in cooperation with our EU partners, has continued to support the Nigerian Government in its efforts. The EU has pledged to provide up to €50 million to the Multinational Joint Taskforce, which comprises 8,700 troops from neighbouring countries and the Nigerian Armed Forces, to promote regional security.
More recently, as the security situation has improved with gains by the Nigerian Armed Forces against Boko Haram, the true extent of the crisis has been revealed, with an estimated 7 million people now in need of immediate humanitarian assistance.
Ireland continues to provide significant humanitarian funding in areas affected by the conflict. To date in 2016, Ireland has provided over €721,000 in stocks and €300,000 in humanitarian grants to NGOs for use in the region. Furthermore, in September 2016, my Department announced funding of €1 million each to both the UN Food and Agriculture Organisation and the International Committee of the Red Cross, for use in North East Nigeria. Additionally, Ireland has in the last year deployed five Rapid Response personnel to Maiduguri for three months to work in logistics, gender, coordination and engineering.
357. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which the situation in the western Balkans continues to be monitored by the EU with a view to ensuring that progress towards eventual EU membership continues for the countries in the region in return for a commitment to the acquis communautaire; and if he will make a statement on the matter. [32097/16]
View answerThere are currently five countries which have Candidate Status, including four in the Western Balkans – Montenegro, Serbia, the Republic of Macedonia, and Albania. Bosnia and Herzegovina and Kosovo are potential candidate countries.
Ireland has long been a supporter of Enlargement. The European Commission continues to work actively to support prospective member states in implementing reforms in order to make progress on their respective EU paths. Every year, the Commission publishes progress reports on each of the candidate and potential candidate countries. This year's “Enlargement Package”, which is expected on 9 November, will provide an opportunity to assess the state of play in each of the candidate countries. The reports are then debated intensively at working group level, before being discussed by Ministers at the General Affairs Council, and agreed by the European Council in December.
359. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which he continues to monitor aid distribution throughout Africa and other locations with a view to ensuring high standards in respect of distribution and accountability; and if he will make a statement on the matter. [32099/16]
View answerI am keenly aware of the need for the distribution of our development assistance to be carefully monitored, ensuring that it reaches its intended beneficiaries and makes a real difference in the lives of the poorest people.
Peer reviews by the OECD of the Irish Aid programme have singled out Ireland's focus on the poorest countries in the world. These reviews have commended our aid distribution to Sub-Saharan Africa and other areas of greatest need. The percentage of Ireland's ODA allocated to Least Developed Countries, is amongst the highest of OECD donors.
Ireland's Policy for International Development, One World One Future, has a strong focus on the most vulnerable and poorest communities. A high standard of monitoring the policy's implementation by Irish Aid and all its partners is ensured through the use of a detailed framework which sets out clear objectives, targets and a monitoring mechanism.
Accountability and transparency are central to maintaining high standards in the implementation of the aid programme. Full details of the distribution of our aid are published each year in our Annual Report. These reports clearly show the distribution of aid, including the amounts given to countries in Africa and elsewhere, and the amounts allocated to different priorities and to different partners. They function as a core accountability and transparency tool, providing a comprehensive overview of expenditure under the aid programme, and demonstrating the results that have been achieved. The latest Annual Report, for 2015, and other details on the aid programme, are accessible on the Irish Aid website, www.irishaid.ie.
All programmes being considered for funding assistance are rigorously appraised by Irish Aid staff against clear criteria, including efficiency in the use of resources, and the capacity of the implementing organisations to deliver results and account for resources received. Programmes in receipt of funding are subject to regular internal and external monitoring to ensure that the intended results are being achieved and resources have been used appropriately. This monitoring is undertaken by a combination of specialist staff, Embassy-based internal auditors, independent experts, and the Evaluation and Audit Unit of the Department of Foreign Affairs and Trade. That Unit's work is regularly reviewed by the independent Audit Committee of this Department. In addition, the Comptroller and Auditor General provides independent assurance that Official Development Assistance is being provided in accordance with the law, is managed to good effect, and is properly accounted for.
Monitoring the distribution and quality of our aid programme and exercising full accountability and transparency for results achieved and resources utilised, are vital in the fight against hunger and poverty. These are principles the Irish Aid will continue to keep at the heart of our programme.
360. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which human rights abuses in the Horn of Africa remain a concern for the international community; the steps taken or to be taken to address such issues; and if he will make a statement on the matter. [32100/16]
View answerThe promotion and protection of human rights in the Horn of Africa region remains a critical issue on the international agenda.
In 2016, the UN Human Rights Council passed resolutions on several countries in the region, including Eritrea, Somalia, Sudan and South Sudan. In addition, the Council received the final report of the Commission of Inquiry on Eritrea, and established a Commission on Human Rights on South Sudan. These Commissions are designed to investigate human rights abuses in the countries concerned; and to identify specific recommendations to address the situation. The EU also actively engages on human rights issues in the Horn of Africa. The EU Horn of Africa Regional Action Plan highlights human rights, rule of law and democratic governance as priority issues for EU engagement. The EU regularly raises human rights concerns in discussions with the governments of the region.
The EU also provides support to the Office of the UN High Commissioner for Human Rights, and to a wide range of human rights NGOs in the region.
Ireland provides significant development and humanitarian funding to the Horn of Africa region, particularly in Ethiopia, Sudan, South Sudan and Somalia. Ireland has also committed to provide €3 million to the Horn of Africa window of the EU Trust Fund for Africa for the 2016-2020 period.
Ireland will continue to monitor the human rights situation in the Horn of Africa and highlight our concerns bilaterally, through the EU, and in the UN Human Rights Council.
361. Deputy Mattie McGrath asked the Minister for Foreign Affairs and Trade the status of the efforts the Government is making to highlight the persecution of Christian and other minority groups in the Middle East; and if he will make a statement on the matter. [32121/16]
View answerI have repeatedly condemned the crimes committed against religious and ethnic minorities across the Middle East, including Christians, who have been the victims of appalling crimes, including murder, sexual violence, enslavement and forced conversions.
In recent years, we have contributed to strengthening international frameworks to uphold the rights of religious minorities. The actions taken include: agreeing EU guidelines on the protection of freedom of religion or belief during our 2013 EU Presidency; co-sponsoring proposed Security Council resolutions on Syria which included provisions to provide legal accountability for the victims of the conflict, including religious minorities; an address last year by the Tánaiste to an international conference of European and Middle Eastern States on protecting the victims of Da'esh terrorism; addressing the UN Security Council on protection of religious minorities in the Middle East. I have raised the protection of Christians in the Middle East in speeches to the UN.
Clearly however, much of the persecution of Christians and other minorities taking place now in the Middle East is a direct consequence of the breakdown of law and order, absence of state authority and in some cases open civil war. We must also recognise that we are limited in terms of possible direct actions, as we have no representation on the ground in Syria and Iraq and no possibility for engagement with groups who fundamentally reject any notion of religious freedom or pluralist societies.
The only means of securing the protection of Christian communities and other minorities across the Middle East, is through the promotion of sustainable political solutions to the conflicts which have destabilised the region and have been the key factor in the promotion of radical and extremist ideologies. This is something we have discussed on many occasions here in the House. Ireland has been a key supporter of the UN's efforts to achieve an end to the conflicts in Syria and Iraq, and this will continue to be a priority in our diplomatic efforts.
362. Deputy Willie O'Dea asked the Minister for Public Expenditure and Reform the position in relation to Government deliberations concerning persons who are compelled to retire at 65 years of age and will have to wait until they are 67 years of age to qualify for a pension; and if he will make a statement on the matter. [31977/16]
View answerIn August, I published the report of the Interdepartmental Group on Fuller Working Lives, which was chaired by my Department. A copy of the report can be found on my Department's website at: http://www.per.gov.ie/en/report-of-the-interdepartmental-group-on-fuller-working-lives/.
The report identified a set of framework policy principles to underpin an approach to the issue of fuller working lives, based around providing appropriate circumstances to facilitate workers who wish to continue working beyond normal retirement age.
The report includes a set of recommendations aimed at advancing this important policy agenda. The Government has agreed that these recommendations will be implemented by the relevant Government Departments. There are also actions to be taken forward by employers and trade unions.
363. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the measures that are being taken by his Department in conjunction with the local authority to alleviate flooding in an area of west Cork; and if he will make a statement on the matter. [31464/16]
View answerThe Ouvane River at this location is the main channel in the Ouvane Drainage Scheme. This Drainage Scheme was constructed by the Commissioners of Public Works for the benefit of agricultural land in the area. It was not constructed as a scheme to provide protection for residential properties. Maintenance of the river channel, where it is part of the Drainage Scheme is the responsibility of the Commissioners of Public Works and maintenance of the scheme is carried out regularly. The River Ouvane is included in the OPW's Arterial Drainage Maintenance 2016 Business Programme. The OPW had intended being on-site by now but a question has arisen recently regarding the presence of fresh water pearl mussels in the river, a species which has protected status. This Office is currently liaising with the National Park and Wildlife Service on this matter.
A Minor Works application has recently been received from Cork County Council. The Benefit to Cost Ratio does not meet this Office's criteria but OPW will, nevertheless, undertake a review of options.
364. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform the progress that has been made within his Department on the establishment of a dedicated prevention and early intervention unit; the detail of the work programme planned for that unit; and if he will make a statement on the matter. [31579/16]
View answerThe Programme for Partnership Government provides for the establishment of a Prevention and Early Intervention Unit focused on children and older people within the Department of Public Expenditure and Reform. A consultation process in relation to the unit underway and an initial work programme for it has been identified.
My objective is to establish a Unit which provides added value for prevention and early intervention (PEI) and avoids duplication where strategies and structures are already in place for the development, provision, monitoring, evaluation and reporting of PEI services.
The consultation undertaken with stakeholders in the early years area has been very informative in shaping the proposed approach to the work of the PEI Unit. This process of consultation is continuing, with the focus extended to prevention and early intervention issues in the context of older people.
The PEI Unit's initial work programme will establish the parameters for the PEI services within the scope of the Unit. This will also involve identifying the resources and evaluation processes associated with these services. This will be undertaken on a cross-departmental basis, within the current programme budgeting framework and the public spending code. Inter-departmental/agency consultation will be required, and, in this context, the work of the Unit will complement and draw on existing processes, in particular, the Department of Children and Youth Affairs' whole of government 'Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People' and similarly the Department of Health's cross departmental 'National Positive Ageing Strategy'.
This approach, I believe, will have a positive impact on the evaluation process in the PEI area, together with availability of information and levels of accountability.
365. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform when public bodies' tender documents specify alternative evidence can be provided where a company turnover does not match that specified in the tender document in relation to public contracts; the evidence which is accepted by the contracting authority; if his attention has been drawn to the different levels of evidence accepted by different public bodies; the procedures in place to examine the alternative evidence provided under the tender documents in respect of public projects; and if he will make a statement on the matter. [31765/16]
View answerThe assessment of a tenderer's financial and economic standing is a key part of any procurement process because the contracting authority must be reasonably satisfied that a contractor will have the necessary capacity to carry out a contract if the contractor is awarded the contract. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract.
The most recent EU Directive on Public Procurement (Directive 2014/24/EU) indicates that proof of the economic operator's economic and financial standing may, as a general rule, be furnished by one or more of the following references:
- appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
- the presentation of financial statements or extracts from the financial statements, where publication of financial statements is required under the law of the country in which the economic operator is established;
- a statement of the undertaking's overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available.
It should be noted that the above list is not exhaustive.
The Directive also states that where, for any valid reason, the economic operator is unable to provide the references requested by the contracting authority, it may prove its economic and financial standing by any other document which the contracting authority considers appropriate. This provision allows contracting authorities a degree of flexibility in relation to the type of proof of financial capacity it accepts from potential tenderers.
It recognises that there can be genuine reasons why a firm has difficulty in providing a particular type of evidence requested (e.g. a recently established business will not be in a position to provide evidence of two or three years' turnover) or why the data might not be reflective of its underlying operational situation (e.g. early start-up costs may reflect disproportionately in a new firm's balance sheet or profit and loss account). In these situations contracting authorities may consider alternative means of satisfying themselves about whether or not there is a genuine financial risk should the company turn out to be a winning tenderer. Procurement rules allow for example for the acceptance of guarantees or undertaking by a parent company or other third party.
Government Policy, as set out in Circular 10/14: Initiatives to assist SMEs in Public Procurement issued by my Department, is aimed at facilitating greater participation of SMEs in public procurement opportunities. In relation to suitability criteria, the circular stresses that public bodies must ensure that any criteria/turnover levels set by them should be both justifiable and proportionate to the needs of the contract. The Office of Government Procurement through its engagement with public bodies and SME representative bodies is ensuring that this message continues to be highlighted.
366. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the required level of turnover that can be specified in the tender documents relative to the estimated contract price by public bodies, including local authorities; the mechanisms in place to ensure there is a level of consistency in relation to these matters by public bodies; if he is satisfied that where some public bodies have a much higher level of turnover required to participate in a tender process, they are not excluding small and medium-sized enterprises from participating in the process; and if he will make a statement on the matter. [31766/16]
View answerThe assessment of a tenderer's financial and economic standing is a key part of any procurement process. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is, of course, a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract. Therefore, there are no centrally imposed requirements for a minimum turnover. Such requirements must logically be developed on a case by case basis with reference to the specific needs of the contract.
However, the Government recognises that the small and medium enterprise (SME) sector is very important to the economy and that public procurement can be a source of business for SMEs. In this regard, Government Policy, as set out in Circular 10/14: Initiatives to assist SMEs in Public Procurement issued by my Department, is aimed at facilitating greater participation of SMEs in public procurement opportunities. In relation to suitability criteria, the circular stresses that public bodies must ensure that any criteria/turnover levels set by them should be both justifiable and proportionate to the needs of the contract and, a matter of general policy, should not for routine goods and services competitions set company turnover requirements at more than twice the estimated contract value. The Office of Government Procurement through its engagement with public bodies and SME representative bodies is ensuring that this message continues to be highlighted.
367. Deputy Michael Collins asked the Minister for Public Expenditure and Reform if there is any State aid available to remedy the effects of coastal erosion on private property (details supplied). [31893/16]
View answerThere is no State aid available directly from the Office of Public Works (OPW) for private landowners to remedy coastal erosion.
It is a matter for Local Authorities in the first instance to investigate and consider coastal protection matters in their areas. The Local Authorities may carry out coastal protection works using their own resources. If necessary, they may also put forward proposals to the relevant central Government Departments for funding of appropriate measures depending on the infrastructure or assets under threat.
The OPW operates the Minor Flood Mitigation Works and Coastal Protection Scheme, under which applications for funding from local authorities are considered for measures costing not more than €500,000 in each instance. Funding for coastal erosion risk management studies may also be applied for under this scheme. Funding of up to 90% of the cost is available for projects which meet the eligibility criteria including a requirement that the proposed measures are cost beneficial. Full details are available on the OPW's website at: http://www.opw.ie/en/floodriskmanagement/operations/minorfloodworkscoastalprotectionscheme/.
368. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he will provide details, including dates, of restoration of public pay and reductions in the public sector pension levy for public sector employees in different salary bands that has already taken place and is planned to take place under the Haddington Road agreement and the Lansdowne Road agreement in tabular form. [31904/16]
View answerThe Public Service Stability Agreement 2013 to 2018 underpinned by the Financial Emergency Measures in the Public Interest Act (FEMPI) 2015 made provision for the following measures:
Pension Related Deduction (PRD): Exemption threshold changes as follows:
- 2015 increase from €15,000 p.a. to €17,500 p.a.
- 1 January 2016 increase from €17,500 p.a. to €26,083 p.a.
- 1 January 2017 increase from €26,083 p.a. to €28,750 p.a.
Pay increases as follows:
- 1 January 2016 annualised salaries up to €24,000 to increase by 2.5%;
- 1 January 2016 annualised salaries from €24,001 up to €31,000 will increase by 1%;
- 1 September 2017 all annualised salaries up to €65,000 will increase by €1,000;
Over €65,000 Pay Restoration: Those on salaries over €65,000 p.a. will get the additional cuts imposed under the FEMPI Act 2013 restored as follows:
- €65,000 to €110,000: half on 1 April 2017, half on 1 January 2018;
- Over €110,000: one third on 1 April 2017, one third on 1 Apr 2018, and one third on 1 April 2019.
Further details are available on the website of my Department at http://www.per.gov.ie/en/public-service-pay-policy/.
369. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the delegated responsibilities he has given to Ministers of State in his Department; when the order of delegated responsibility was signed; if he included his Ministers of State in direct discussions or meetings with the Minister for Public Expenditure and Reform as part of pre-budget discussions; if so, the dates of such meetings and the attendance at each meeting; if the Minister of State was not included, the reason this was the position, in view of the designated responsibilities; and if he will make a statement on the matter. [31920/16]
View answerI am interpreting this question as referring to a Delegation of Ministerial Functions Order which is provided for under section 2 (1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977. This provides for the delegation to a Minister of State assigned to the Department of State of which the Minister of the Government has charge statutory powers and duties of such Minister of the Government under any particular Act or any particular statutory power or duty of such Minister of the Government.
In my Department, I as Minister for Public Expenditure and Reform have retained all statutory powers and duties pertaining to my ministerial role. The Minister of State, Eoghan Murphy, has assumed functions and responsibilities to carry out on my behalf. However, I have not delegated any statutory powers pursuant to the Ministers and Secretaries Act 1977.
Similarly, the Minister of State at the Office of Public Works, Sean Canney has also assumed functions and responsibilities to carry out on my behalf. However, I have not delegated any statutory powers pursuant to the Ministers and Secretaries Act 1977.
Meetings held in advance of the budgetary process are available on my Department's website via the following link - http://www.per.gov.ie/en/ministers-diary/.
370. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if a person can be precluded from working as a census field officer due to age or taxation reasons; if there are any reasons that persons over 65 years of age are prohibited from taking up casual work, temporary work or contract work in the public service; and if he will make a statement on the matter. [31937/16]
View answerAs the Deputy will be aware, the Single Public Service Pension Scheme ("Single Scheme") commenced with effect from 1 January 2013. It applies to almost all public servants recruited from that date and provides, inter alia, for a maximum retirement age of 70 for all members. On that basis, any member of the Single Scheme must retire on reaching the age of 70.
I understand that employers may specify a retirement age for employees provided it is based on objective reasons. You will be aware that in certain High Court cases the State has been successful in defending the question of existing retirement ages.
I also recently published the Report of the Interdepartmental Group on Fuller Working Lives which was agreed by Government. The Group, which was chaired by the Department of Public Expenditure and Reform, considered policy around retirement age in both the public and private sectors, examining implications arising from retirement ages now and in the future. The report made recommendations on a policy framework to address the issues identified and to support fuller working lives.
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.
371. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the details of the administrative device his Department has designed to ensure that Ministers, Ministers of State and the Taoiseach do not receive their pay increase as per the Lansdowne Road agreement; and if he will make a statement on the matter. [31943/16]
View answerThe mechanism by which Members of the Government and Ministers of State will waive the amounts due under the pay restoration provisions of the Lansdowne Road Agreement and the FEMPI Act 2015 is through Section 483 of the Taxes Consolidation Act 1997. This section applies to a gift of money made and accepted by the Minister for Finance for use by the Minister for any purpose for or towards the cost of which public moneys are provided. This will entail Members completing a Waiver Form annually in respect of the amount due in each of the years 2017, 2018 and 2019. The amount waived in each year will equal the restoration elements due in respect of both TD and Ministerial remuneration.
372. Deputy Jonathan O'Brien asked the Minister for Public Expenditure and Reform the date on which he will publish legislation to extend the remit of the Office of the Ombudsman for Children to include cases concerning children residing in direct provision. [32061/16]
View answerThe direct provision system is under the remit of my colleague, Deputy Frances Fitzgerald, Tánaiste and Minister for Justice and Equality. I understand that earlier this year Minister Fitzgerald committed, in principle, to amending legislation to allow the Ombudsman and the Ombudsman for Children to deal with issues relating to direct provision.
It is not yet clear what legislative change, if any, would be required to give effect to this expansion of remit. Discussions of such expansion will involve a number of Government Departments, including the Department of Justice and Equality, the Department of Children and Youth Affairs and my own Department.
I understand that the Department of Justice and Equality is in contact with the Attorney General's Office as to the required legislative mechanism to give effect to the change to which the Deputy refers. I await the outcome of these deliberations.
373. Deputy Clare Daly asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 103 of 19 October 2016, the reason provision was not made in the revised scheme for refunds of the spouses' and children's payment to be claimed by persons without a spouse or a child, in view of the fact that such a provision had existed previously; and the provisions in the revised scheme that preclude such a refund. [32101/16]
View answerThe Revised Spouses' and Children's Scheme was introduced, in agreement with staff interests, via Circular 16/1984 on 1 September 1984. The major revisions related to eligible beneficiaries and refunds of contributions. The Revised scheme now caters for post-retirement marriages and children which was not the case in the Original scheme. Additionally, children born out of wedlock and adopted children and step-children post-retirement are now deemed eligible beneficiaries which was not the case previously - Paragraph 2 of the Circular refers.
As the scheme now extends to cover post-retirement events it was not deemed possible to offer a refund of contributions.
In relation to refunds of contributions, Paragraph 3 of this Circular states:
"Arising from the additional benefits being provided under the new scheme, the contribution conditions governing that scheme will differ to those applicable to the existing scheme, in that the provisions for refund of periodic contributions will be more restrictive. Specifically, the provisions in the existing scheme for (a) full refund of periodic contributions to members who remain unmarried throughout their contributing membership and (b) partial refund of periodic contributions to certain members whose spouses are deceased at the time they retire or resign, will not apply. Under the new scheme, the only circumstances in which any refund of periodic contributions would be due is where a member retires or resigns without entitlement to pension or to preserved pension and does not transfer his/her service to another employment or where a member pays periodic contributions for a period in excess of 40 years".
374. Deputy Clare Daly asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 103 of 19 October 2016, if the dependent children of an unmarried person who dies after retirement are eligible for a child's pension in the same way that the children of a married person are. [32102/16]
View answerFor members of the Revised Spouses' and Children's Scheme i.e. anyone appointed on or after 1 September 1984 or those appointed before that date who opted to join the scheme, dependent children are entitled to receive a pension in respect of their parent's civil service pension irrespective of the marital status of their parent. Dependent children must be under 16 years of age or under 22 and in full-time education. In cases of permanent physical or mental impairment a pension may be continued for life.
For members of the Original Scheme i.e. male officers appointed on or after 1 January 1969 and before 1 September 1984 and female officers appointed on or after 1 June 1981 neither of whom opted to join the Revised scheme, there are certain restrictions on the payment of a child's pension. No pension is payable where the child was conceived or adopted post retirement, nor is a pension payable in the case of any step children of a post-retirement marriage, non-marital children of members or the children of a marriage where a member is widowed before joining the scheme and does not remarry before retirement/resignation.
375. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the grievance procedure available to civil servants; if all staff have a right to have grievance addressed separately and not as a part of any pay or allowance related proposal; and if he will make a statement on the matter. [32139/16]
View answerThe Civil Service Grievance Procedure is a process that seeks to deal in a fair and impartial way with the complaints of individual staff members. All staff members have a right to raise a grievance in accordance with the procedures for dealing with grievances. These are set out in Circular 11/2001 which can be found here: http://circulars.gov.ie/pdf/circular/finance/2001/11.pdf.
376. Deputy Seamus Healy asked the Minister for Public Expenditure and Reform if, in view of the fact that the FEMPI Act 2013 pay reductions for serving higher earners, over €65,000 per annum will be restored in two stages, the first half of the reduction will be restored on 1 April 2017, the second half of the reduction will be restored on 1 January 2018, the equivalent pensioner will receive an increase equivalent to that of serving peer on those dates; if by 2 January 2018 all public service pensioners with full service will have had their pensions restored to 50% of the salary of serving peer; if the traditional principle of parity of public service pension increases with pay increases of serving peer will be honoured by the Government into the future; his views on whether pension restorations are particularly urgent in view of the much reduced life expectancy of older persons; and if he will make a statement on the matter. [32140/16]
View answerThe Financial Emergency Measures in the Public Interest (FEMPI) 2013 Act provided for a "grace period" by which the retired counterparts of public servants in grades affected by the 2013 pay cuts already receive pensions unaffected by those pay cuts. This means that persons retiring since 1 July 2013 from grades affected by the pay cuts on that date were awarded, and are paid, pensions based on the higher "pre-cut" salaries; in like manner, the pensions of equivalent earlier retirees, who retired before 1 July 2013, are unaffected by those 2013 pay cuts. I should also point out that neither of the two direct salary reductions in the public service under the FEMPI legislation, occurring in 2010 and 2013, or the reduction effected under the FEMPI 2009 Act through the imposition of the Pension Related Deduction on remuneration of public servants were passed on to the pensions of same-grade retirees.
Public service pensioners have been impacted by another FEMPI measure, the Public Service Pension Reduction (PSPR). The PSPR reduces the pay-out value of pensions with pre-PSPR values above specified thresholds in a progressively structured way which has a proportionately greater effect on higher value pensions. At all times, public service pensions up to a value of €12,000 have been unaffected by PSPR, while a higher exemption threshold of €32,500 has applied to pensions awarded from 1 March 2012 onwards.
PSPR is being significantly reversed in three stages under FEMPI 2015, with PSPR-affected pensioners getting pension increases via substantial restoration of the PSPR cuts on 1 January 2016, 1 January 2017 and 1 January 2018. When fully rolled-out from 1 January 2018, the changes will mean that all public service pensions with pre-PSPR values of up to €34,132 will be fully exempt from PSPR, while those pensioners not fully removed from the reach of PSPR will, in the majority of cases, benefit by €1,680 per year. The cost of these changes is estimated at about €90 million on a full-year basis from 2018.
As we move beyond FEMPI and PSPR restoration towards more normal pay and pension setting conditions in the public service, the issue of how to adjust the post-award value of public service pensions through appropriate pay or other linkages will be considered by Government.
