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Tuesday, 8 Nov 2016

Written Answers Nos. 256-275

Flood Prevention Measures

Questions (256)

Charlie McConalogue

Question:

256. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the steps the OPW is taking to address flooding at a location (details supplied); the timeline for completion of works; and if he will make a statement on the matter. [33668/16]

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Written answers

The Office of Public Works (OPW) has maintenance responsibility only for those Catchment Drainage Schemes and Flood Relief Schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995. The full maintenance of the Burnfoot River under the OPW responsibility has been included in OPW arterial drainage maintenance programme 2017.

Burnfoot was designated as an Area for Further Assessment under the Preliminary Flood Risk Assessment, and has subsequently been assessed for risk under the North Western-Neagh Bann Catchment-based Flood Risk Assessment and Management (CFRAM) Study. The Study has identified that a number of properties are at risk in the 1% annual exceedance probability flood.

While the CFRAM programme has identified a possible flood protection option for Burnfoot, a more detailed assessment of the costs of the option will determine an economically viable option for the area.

Flood Prevention Measures

Questions (257)

Brendan Smith

Question:

257. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 346 of 3 November 2015, when drainage works will be carried out on a river (details supplied) in County Cavan as requested; and if he will make a statement on the matter. [33669/16]

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Written answers

The Office of Public Works (OPW) has maintenance responsibility only for those Catchment Drainage Schemes and Flood Relief Schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995, including the river channel referred to by the Deputy.

The channel was inspected this year and unfortunately ground conditions were not suitable for OPW maintenance plant to access the grounds. The full maintenance of the river channel has been included in OPW arterial drainage maintenance programme 2017 and will be completed subject to ground conditions.

Public Sector Pay

Questions (258)

David Cullinane

Question:

258. Deputy David Cullinane asked the Minister for Public Expenditure and Reform when he will hold talks on a new pay agreement; if this will lead to a new agreement that supersedes the Lansdowne Road agreement; when a new agreement will be in place; and if he will make a statement on the matter. [33747/16]

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Written answers

The Public Service Pay Commission has been tasked with providing an initial report to Government on public service remuneration in the context of the Financial Emergency Measures in the Public Interest Acts 2009-2015.

The findings of the Commission will contribute to and inform Government's considerations in relation to Public Service remuneration and will inform Public Service employers in negotiations with staff interests on a successor to the Lansdowne Road Agreement.

Public Sector Pay

Questions (259)

David Cullinane

Question:

259. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the measures outside of the Lansdowne Road agreement which have been agreed and put in place with sectorial unions; and if he will make a statement on the matter. [33748/16]

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Written answers

The Lansdowne Road Agreement provides the single agreed framework within which public service management and unions at the various sectoral levels process industrial relations issues and related matters of mutual concern.

Public Sector Pay

Questions (260)

David Cullinane

Question:

260. Deputy David Cullinane asked the Minister for Public Expenditure and Reform his views on the principle of equal work for equal pay; if he is committed to implementing this principle within the public service; and if he will make a statement on the matter. [33749/16]

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Written answers

The 10% reductions in starting pay for certain new entrants were introduced by the then Government in January 2011 as part of the National Recovery Plan in order to reduce the Public Service Pay Bill. Terms and conditions of employment for public servants are also set by reference to legislation including the Financial Emergency Measures in the Public Interest Acts and through negotiation and agreement under Collective Agreements such as the Haddington Road Agreement (HRA) and the Lansdowne Road Agreement (LRA). 

The issue of addressing the difference in incremental salary scales between those public servants, who entered public service employment since 2011 and those who entered before that date was addressed with the relevant union interests under the provisions of the Haddington Road Agreement. Any further consideration of remuneration adjustment for any group of public servants, including issues relating to more recently recruited public servants, will fall to be examined within the provisions of the Lansdowne Road Agreement.  The Agreement provides the framework and is flexible enough to address particular sectoral issues such as the restoration of supervision and substitution payments and new entrant payments in the Education Sector and the restoration of rent allowances to new entrant firefighters and members of An Garda Síochána.

Public Sector Pay

Questions (261, 262, 263)

David Cullinane

Question:

261. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the total net gain for public sector workers on salaries (details supplied) if all FEMPI cuts were unwound; and if he will make a statement on the matter. [33756/16]

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David Cullinane

Question:

262. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a public sector worker on a salary of €30,000 following the full implementation of the Lansdowne Road agreement; and if he will make a statement on the matter. [33757/16]

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David Cullinane

Question:

263. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a public sector worker on a salary of €40,000 following the full implementation of the Lansdowne Road agreement; and if he will make a statement on the matter. [33758/16]

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Written answers

I propose to take Questions Nos. 261 to 263, inclusive, together.

The salaries referred to by the Deputy were subject to three FEMPI Acts,

- the Financial Emergency Measures in the Public Interest Act 2009 which introduced a new deduction from the remuneration of pensionable public servants, which is known as the Pension-Related Deduction (PRD)

- the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 which provided for the reduction of the remuneration of public servants ranging from 5% to 15%

- the Financial Emergency Measures in the Public Interest Act 2015 which commenced the gradual, fiscally sustainable, unwinding of certain measures contained in the earlier Acts.

The impact of these Acts is set out in the following Table:

2015 Remuneration (Pre LRA Restoration)

Reduction Under FEMPI 2009 Act (PRD)

Reduction Under FEMPI 2009 (No. 2) Act (Pay Reduction)

Total FEMPI Reduction

LRA Benefit

% Restored

€22,000

€325

€1,158

€1,483

€1,875

126%

€23,000

€425

€1,211

€1,636

€2,000

122%

€24,000

€525

€1,263

€1,788

€2,125

119%

€25,000

€625

€1,316

€1,941

€1,875

97%

€26,000

€725

€1,368

€2,093

€1,985

95%

€27,000

€825

€1,421

€2,246

€2,095

93%

€28,000

€925

€1,474

€2,399

€2,152

90%

€29,000

€1,025

€1,541

€2,566

€2,161

84%

€30,000

€1,125

€1,622

€2,747

€2,170

79%

€31,000

€1,225

€1,703

€2,928

€2,179

74%

€32,000

€1,325

€1,784

€3,109

€1,900

61%

€40,000

€2,125

€2,432

€4,557

€1,900

42% 

Public Sector Pay

Questions (264, 265, 266, 267)

David Cullinane

Question:

264. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a public sector worker on a salary of €70,000 following the full implementation of the Lansdowne Road agreement and a separate registered agreement for those on over €65,000 as part of the HRA; and if he will make a statement on the matter. [33759/16]

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David Cullinane

Question:

265. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a public sector worker on a salary of €80,000 following the full implementation of the Lansdowne Road agreement and a separate registered agreement for those on over €65,000 as part of the HRA; and if he will make a statement on the matter. [33760/16]

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David Cullinane

Question:

266. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a public sector worker on a salary of €100,000 following the full implementation of the Lansdowne Road agreement and a separate registered agreement for those on over €65,000 as part of the HRA; and if he will make a statement on the matter. [33761/16]

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David Cullinane

Question:

267. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a public sector worker on a salary of €120,000 following the full implementation of the Lansdowne Road agreement and a separate registered agreement for those on over €65,000 as part of the HRA; and if he will make a statement on the matter. [33762/16]

View answer

Written answers

I propose to take Questions Nos. 264 to 267, inclusive, together.

The salaries referred to by the Deputy were subject to four FEMPI Acts,

- the Financial Emergency Measures in the Public Interest Act 2009 which introduced a new deduction from the remuneration of pensionable public servants, which is known as the Pension-Related Deduction (PRD)

- the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 which provided for the reduction of the remuneration of public servants ranging from 5% to 15%

- the Financial Emergency Measures in the Public Interest Act 2013 implemented a further pay reduction for public servants earning annual salaries of more than €65,000 ranging from 5.5% to 10%

- the Financial Emergency Measures in the Public Interest Act 2015 which commenced the gradual, fiscally sustainable, unwinding of certain measures contained in the earlier Acts.

The impact of these Acts is set out in the following Table:

2015 Remuneration (Pre LRA Restoration)

Reduction Under FEMPI 2009 Act (PRD)

Reduction Under FEMPI 2009 (No. 2) Act (Pay Reduction

Reduction Under FEMPI 2013 Act.

Total FEMPI Reduction

LRA/HRA Benefit

% Restored

€70,000

€5,175

€5,453

€4,074

€14,702

€4,646

32%

€80,000

€6,225

€6,643

€4,783

€17,650

€5,280

30%

€100,000

€8,325

€9,058

€6,522

€23,905

€6,837

29%

€120,000

€10,425

€11,153

€8,261

€29,839

€8,394

28%

Public Sector Pay

Questions (268)

David Cullinane

Question:

268. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the net gain for a Deputy following the full implementation of the Lansdowne Road agreement and a separate registered agreement for those on over €65,000 as part of the HRA; and if he will make a statement on the matter. [33763/16]

View answer

Written answers

The Lansdowne Road Agreement, underpinned by the FEMPI 2015 Act, brought in a reduction of Pension Related Deduction (PRD) for all public servants. The reduction in PRD in 2017 will benefit TDs in the amount of €1,000.

Pay restoration for TDs under the Haddington Road Agreement, also underpinned by the FEMPI 2015 Act, will be paid in two equal phases with the first phase due on 1 April 2017, and the second on 1 January 2018.  This will amount to an increase of €2,707 in each year.

Public Sector Pay

Questions (269)

David Cullinane

Question:

269. Deputy David Cullinane asked the Minister for Public Expenditure and Reform if temporary clerical officers are on a different weekly pay rate to clerical officers despite doing the same job; if this was due to be remedied via a circular issued in 2013; if such a circular was issued, the current status of same; if temporary clerical officers are on unequal pay when compared to their colleagues doing the same job, his plans to remedy the situation; and if he will make a statement on the matter. [33794/16]

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Written answers

It is the position that there is no difference in the current pay rate of Temporary Clerical Officers "TCOs" and Clerical Officers "COs. The details of the pay rates  are contained in the relevant circulars issued by my Department including the two most recent circulars 2/2014 and 17/2015 which can be found on www.circulars.gov.ie

Legislative Measures

Questions (270)

Brendan Howlin

Question:

270. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform if he is satisfied with the implementation to date of the Regulation of Lobbying Act 2015; the mechanisms in place to ensure compliance with the Act; if he proposes any further public initiatives to draw public attention to the details of the Act; and if he will make a statement on the matter. [33858/16]

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Written answers

Responsibility for the implementation of the Regulation of Lobbying Act 2015 rests with the Standards in Public Office Commission (SIPOC). SIPOC has established a register for recording lobbying activity which may be viewed at www.lobbying.ie. SIPOC is an independent statutory body and as such is not accountable to the Department of Public Expenditure and Reform or to the Government in the performance of its functions.

The first three reporting deadlines for those who have lobbied designated public officials have now passed.  Those who undertook any lobbying since 1 September 2015 were required to register and submit returns of their lobbying activity on the online Register.  I am very pleased with the level of compliance achieved in these initial return periods.  There are currently more than 1,490 organisations and individuals who have registered, and almost 7,500 returns have been submitted to the Register. 

The information available on the Register provides the Irish public with unprecedented insight into the role that lobbying plays in contributing to policy and funding discussions and decisions. Communication between the political systems, public service and all sectors of society is, and will continue to be, supported and strengthened by this Register leading to better informed policy and decision making. The overall level of compliance is a very positive indicator that there is an acceptance of the need for openness and transparency in lobbying.

It is clear that the work undertaken by my Department and the SIPOC in building awareness and understanding of the Regulation of Lobbying Act 2015 has been effective and I am confident that this momentum will be maintained as this work continues. 

Currently, part 4 of the Regulation of Lobbying Act 2015, which relates to enforcement provisions, has not been commenced.  This was a deliberate decision made to allay any concerns that stakeholders may have had about inadvertent non-compliance with the provisions of the Act and to allow those lobbying a period of time to become familiar with their legal obligations and the registration system.  Given the success of the system, and the high levels of compliance, I have decided to commence these provisions from 1 January 2017.  The SIPOC is preparing for the commencement of these enforcement provisions and is actively engaging with Registrants to ensure that they are aware of the requirement to submit returns (including nil returns) on time and to make them aware that enforcement provisions will commence with effect from 1 January 2017.

The Commission's focus in the first year of the Act's commencement has been on building understanding and encouraging compliance with the Act. To that end, a significant amount of outreach and education initiatives throughout the past year has served to create awareness and understanding of the Act and its obligations among those who may be lobbying. The website has been populated with helpful information for both potential registrants and those whom they lobby featuring tailored guidelines for lobbyists and designated public officials, instructional videos, sample returns and frequently asked questions. This emphasis on education and outreach has proven effective. The SIPOC continues to regularly engage with stakeholders through presentations, publications and events, as well as through its website. It also conducts regular information sessions for any interested member of the public, who may register their interest on lobbying.ie.

Finally, my Department is currently undertaking the first review of the operation of the Regulation of Lobbying Act 2015 as required under section 2 of the Act.  A public consultation process has already taken place and submissions received are now being examined.  The Report on this review will cover the findings, conclusions drawn from these findings and any recommendations for amendments to the legislation consequent of these findings.  Subsequent reviews will be required every 3 years. 

Public Sector Pay

Questions (271)

Willie Penrose

Question:

271. Deputy Willie Penrose asked the Minister for Public Expenditure and Reform the steps he will take to remedy a discrepancy in pay being given to temporary clerical officers, who have a starting contract wage of €379, instead of €460 and whereby same was acknowledged in an official circular in 2013 and wherein commitments were made to readjust the pay scale and ensure that this particular inequality was addressed; and if he will make a statement on the matter. [33861/16]

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Written answers

It is the position that there is no difference in the current pay rate of Temporary Clerical Officers (TCOs) and Clerical Officers (COs). The pay of TCOs and COs is subject to Government pay policy and is controlled by the relevant circulars issued by my Department including the two most recent circulars 2/2014 and 17/2015 which can be found on www.circulars.gov.ie.

Community Employment Schemes Supervisors

Questions (272)

Willie Penrose

Question:

272. Deputy Willie Penrose asked the Minister for Public Expenditure and Reform if further efforts have been made to ensure the provision of a pension or gratuity scheme for community employment supervisors and assistants, which has been long-standing and which has involved IMPACT and SIPTU in negotiations to try and achieve a resolution and which also involved the Department of Social Protection; the position regarding same; and if he will make a statement on the matter. [33868/16]

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Written answers

The 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 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.

Tax Code

Questions (273)

Michael Healy-Rae

Question:

273. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her views on a matter (details supplied) with regard to tax exemption; and if she will make a statement on the matter. [33412/16]

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Written answers

Section 1003 of the Taxes Consolidation Act 1997 is a scheme of tax relief for the donation of heritage items to the National Collections. Under the scheme, heritage items that are considered outstanding examples of their type and that are pre-eminent in their class, whose export from the State would constitute a diminution of the accumulated cultural heritage of Ireland, or whose import into the State would constitute a significant enhancement of the accumulated cultural heritage of Ireland, and which are considered suitable additions to the accumulated heritage of the State, may be donated to an approved body and 80% of the market value of the item(s) is then offset against the current tax liability of the donor. The approved bodies are as follows: National Archives, National Gallery of Ireland, National Library of Ireland, National Museum of Ireland, Irish Museum of Modern Art and Crawford Art Gallery Cork.

The legislation provides that approved body can also mean "in relation to the offer of a gift of a particular item or collection of items", any other such body (being a body owned, or funded wholly or mainly, by the State or by any public or local authority) as may be approved, with the consent of the Minister for Finance, by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. The local authority referred to by the Deputy has been approved as an authorised body as required under Section 1003 in relation to the particular donation in this case.

The Section 1003 Selection Committee formally approved the proposed donation and the Revenue Commissioners were asked to place a formal valuation on it in accordance with the provisions of subsection(3) of Section 1003 of the Taxes Consolidation Act 1997. The donation has been formally valued on behalf of the Revenue Commissioners and, while my Department is aware of the valuation, it is not in a position to confirm it until the donation process has been completed. It should be noted that the donation process is not yet complete.

Finally, the National Collections, amongst others, have benefited greatly from the operation of this scheme since its inception in 1995 as it has allowed for donations of items of significant heritage and cultural importance which might otherwise have left the country.

Special Areas of Conservation Designation

Questions (274)

Peadar Tóibín

Question:

274. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to designate Lough Bane, County Westmeath, as a special area of conservation; and when this status will be conferred. [33712/16]

View answer

Written answers

Lough Bane and Lough Glass (Site Code 002120) is a candidate special area of conservation and as such is a legally protected site. Ireland is required, under the EU Habitats Directive, to formally designate its special areas of conservation and a project is in place within my Department to oversee this process. This involves the adoption of a Statutory Instrument for each site. The making of Statutory Instruments is the final step in the designation of the existing special areas of conservation and does not place any new or additional conditions on landowners/users than already applied from the time the sites were first identified as candidate special areas of conservation.

Lough Bane and Lough Glass is scheduled to be formally designated within this process for the formal designation of special areas of conservation. Affected landowners/users will receive a notice by post to advise them that the final, formal element in the designation of the site has been completed by the publication of the Statutory Instrument for the special area of conservation. This notice will include a map of the site and other relevant information. My Department will also take out advertisements in newspapers alongside the notification letters. As this is not a new designation, landowners/users will be aware already of the protected status of the site.

Scéim na gCúntóirí Teanga

Questions (275)

Pearse Doherty

Question:

275. D'fhiafraigh Deputy Pearse Doherty den Aire Ealaíon, Oidhreachta, Gnóthaí Réigiúnacha, Tuaithe agus Gaeltachta agus tagairt á déanamh do Dhíospóireacht na Saincheisteanna Tráthúla ar an 13 Deireadh Fómhair, an gclúdófar na scoileanna breise uile atá fógartha ag an Aire mar chuid de Scéim na gCúntóirí Teanga; agus an ndéanfaidh sí ráiteas ina thaobh. [33263/16]

View answer

Written answers

Beidh a fhios ag an Teachta go bhfuil suim beagnach €781,242 ceadaithe ag mo Roinn don togra seo le haghaidh 2016/2017. Níl aon ghearradh siar déanta ar an maoiniú ó 2015/2016. Ina dhiaidh sin, tá sé suas do na heagraíochtaí atá ag feidhmiú na scéime ar an talamh an maoiniú atá ar fáil a roinnt, ag brath ar an éileamh agus na tosaíochtaí a athraíonn ó bhliain go bliain. Mar atá ráite agam cheana, tá mé sásta i bprionsabal cúnamh a chur ar fail i gcás na scoileanna breise, faoi réir gach cás ar leith a bheith ceadaithe i gcomhairle leis an Roinn Oideachais agus Scileanna.

Mar atá a fhios ag an Teachta, tá sé aontaithe leis an Roinn Oideachais agus Scileanna go ndéanfar athbhreithniú ar Scéim na gCúntóirí Teanga mar chuid den Pholasaí don Oideachas Gaeltachta 2017-2022 a foilsíodh le déanaí.

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