Written Answers Nos. 353-368
353. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the case of a person (details supplied); his views on the fact this person is facing two separate trials in March 2017 related to their right to free speech; and if he will urgently raise his concerns regarding the case of this person with his Bahraini counterpart. [11443/17]
View answerI am familiar with the case of the person in question, and of his repeated imprisonment and release over the last number of years for his work as a human rights defender.
This has coincided with an overall deterioration in the human rights situation in Bahrain of late. This has manifested in particular in the targeting those who express dissent or criticism of the Bahraini Government, despite repeated statements from the Bahraini authorities of their commitment to improving the human rights situation. Ireland made specific reference to Bahrain in our Statement on human rights situations requiring attention at the Human Rights Council in Geneva last September, expressing concern about “restrictions on freedom of expression, assembly and association aimed at silencing the voice of civil society and human rights defenders in countries including Bahrain.
Ireland attaches a high priority to safeguarding human rights defenders, and has continually advocated for freedom for civil society actors to operate in a safe and enabling environment, without repression. In August 2014, officials from my Department met with the individual who is the subject of this Question, and discussed with him the situation of human rights in Bahrain. In October 2015, the Bahrain National Institution for Human Rights (BNIHR) came to Ireland on a training visit, which included meetings with Irish human rights and civil society organisations. Officials from my Department met with this group also, and set out Ireland’s support for human rights promotion across the Middle East region.
Ireland’s concerns about human rights issues in Bahrain, in particular around civil liberties, are also regularly conveyed to the Bahraini authorities. Ireland’s non-resident Ambassador to Bahrain recently met with the Bahraini Deputy Minister for International Affairs, Abdullah Bin Ahmed Al Khalifa, and they discussed human rights. The Irish Mission to the UN in Geneva supported an event by the Bahrain Center for Human Rights in early February, which provided updated information about the human rights situation in Bahrain in the context of its UPR review in May 2017 and the current session of the HRC. Officials from my Department are also due to meet this week with an official from the Bahraini Embassy in London, to discuss the human rights situation.
354. Deputy Joan Burton asked the Minister for Foreign Affairs and Trade the level of construction inflation that has been experienced by his Department in each of the past 6 years and to date in 2017 in respect of construction projects and other capital projects; the way in which he monitors construction inflation and the mechanisms he employs to establish this; and if he will make a statement on the matter. [11537/17]
View answerThe Office of Public Works provides my Department with office accommodation for its offices in Ireland. They also provide a shared service for the maintenance of these buildings and management of construction projects on the Department’s behalf.
In the case of our offices abroad, the Department does undertake construction projects to maintain those properties which the State owns and, in the case of leased properties, would carry out necessary maintenance to ensure lease requirements are adhered to.
These projects would be smaller, short term and in conjunction with national procurement guidelines, openly tendered in the local market for the work as required. Therefore the cost reflects the cost of construction at the current market rate so the impact of construction inflation is not felt. Most of the construction projects overseas are on a fixed cost basis and cost control is a major element of project management.
355. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he will clarify his response to Parliamentary Question No. 155 of 22 February 2017 (details supplied). [11786/17]
View answer356. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 155 of 22 February 2017, his views on the fact that the office of the UN High Commissioner for Human Rights, OHCHR, appears to have unilaterally changed these policies in order to provide confirmation to the government of China as to whether named human rights defenders, HRDs, would attend the Human Rights Council, thereby placing the HRDs and their associates based in China in danger; if the Irish delegation in Geneva will raise this issue with the High Commissioner to determine whether this practice is continuing and whether it has been expanded for other governments; and his plans to instruct the Irish delegation to raise the issue of retaliation against the Irish whistleblower in the OHCHR who reported this practice both internally and then directly to the Irish delegation in March 2016. [11787/17]
View answerI propose to take Questions Nos. 355 and 356 together.
As is clear from the information provided in my reply of 22 February, Ireland has consistently advocated for the creation and maintenance of a safe and enabling environment for civil society space actors. We believe such a safe and enabling environment should be maintained in all States and indeed in international and regional organisations.
We consistently also advocate strongly for the separate but related issue of the protection of human rights defenders, including through raising greater awareness on the international standards guaranteeing that human rights defenders should be able to operate free from fear of intimidation or reprisals – including intimidation or reprisals due to cooperation with the United Nations.
These are priority issues for Ireland and receive close attention throughout my Department including its network of Embassies and Missions and in particular in the context of our work in Geneva at the Human Rights Council.
Accreditation of participants to the meetings of the Human Rights Council in Geneva is properly a matter for the UN Office in Geneva and the Office of the High Commissioner for Human Rights, not the Human Rights Council itself. This procedure is intended to ensure that decisions on civil society participation are taken independently and not determined by Governments.
Ireland’s position is that procedures and modalities for the engagement of human rights defenders with international organisations, including the United Nations, should be of the highest standard and avoid placing those defenders at risk. Similarly, Ireland’s position is that the protection systems for whistleblowers should equally be of the highest standard.
My Department has taken and continues to take all appropriate measures to respond to threats to civil society actors and human rights defenders and particularly in the context of our work in the Human Rights Council.
I can however assure the Deputy that the case referred to has been and continues to be the subject of the appropriate attention.
357. Deputy Noel Rock asked the Minister for Foreign Affairs and Trade the production cost of each passport; if volume reduces the marginal cost in a given year; and if he will make a statement on the matter. [11882/17]
View answerIn 2016 the direct current expenditure incurred by the three Passport Service offices in the State amounted to approximately €32 million.
This figure does not include rental and other accommodation costs of these Passport Offices. Nor does it capture the accommodation, operational, staffing and other current costs incurred by our Embassies and Consulates around the world, including the Embassy in London, in providing passport services to our citizens. In addition, centrally incurred headquarters-wide costs are not reallocated to the Passport Service and are therefore not included.
The cost of the Passport Reform Programme (2016-2018) – which has a combined capital and current investment budget of over €18 million – is additional. The reform programme will modernise systems, business processes and controls and will deliver a more efficient, secure, predictable and citizen-focused service in the years ahead.
The Department’s accounting system does not capture the non-direct passport costs, both in Ireland and overseas, in sufficient detail to allow an accurate assignment of these costs to the production of each passport. As the production volume increases this would result in a marginal reduction in the cost of the production of a passport as the fixed costs involved are spread over a greater number of passports.
358. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade the number of passport applications received from Irish citizens and those entitled to Irish citizenship based in South African, United Arab Emirates, Australia and Canada in each of the years 2015 to 2016 and to date in 2017; and if he will make a statement on the matter. [12016/17]
View answerThe total number of passport applications received from Irish citizens based in the countries specified are as follows:
|
Country |
2015 |
2016 |
2017 (up to 28 February) |
|
South Africa |
3374 |
3396 |
567 |
|
United Arab Emirates |
1365 |
1708 |
373 |
|
Australia |
6518 |
6981 |
1126 |
|
Canada |
3096 |
3497 |
646 |
There were significant increases in applications from citizens based in Australia, Canada and in the United Arab Emirates in particular between 2015 and 2016. This undoubtedly reflects the growing popularity of these countries among Irish citizens as places to live and work. The overall increase in passport applications between the two years was over 9%.
359. Deputy Joan Burton asked the Minister for Public Expenditure and Reform his plans in conjunction with the OPW to strengthen the engagement with the insurance industry to improve the availability of flood insurance cover in view of the State’s ongoing investment in flood defence schemes as per point 70 in the action plan for rural development; and if he will make a statement on the matter. [11707/17]
View answerIn March 2014, a Memorandum of Understanding was signed between Insurance Ireland (II), the representative body for the insurance industry in Ireland, and the Office of Public Works (OPW). This Memorandum sets out principles of how the two organisations will work together to ensure that appropriate and relevant information on completed OPW flood defence schemes is provided to insurers to facilitate, to the greatest extent possible, the availability to the public of insurance against the risk of flooding. II members have committed to take into account all information provided by OPW when assessing exposure to flood risk within these areas.
The Memorandum came into effect on 1 June, 2014 with an initial tranche of data provided by the OPW to II in respect of 12 completed flood defence schemes and showing the design, extent and nature of the protection offered by these works. A further tranche of data was provided to II in January 2015 covering a further 4 completed flood defence schemes. OPW will continue to provide data to II as flood defence schemes are completed.
II estimates that flood cover is included as standard in 98% of household insurance policies throughout the country. II has carried out a number of surveys among its members to ascertain the extent to which flood insurance cover is available in the areas for which OPW has provided data on completed flood defence schemes. The results of the most recent survey were provided in December last year; they indicate that 83% of property insurance policies in these areas include cover against flood risk. Where the defences are permanent in nature the percentage is 90%; where demountable defences are used the percentage is 77%.
In line with Action No. 270 of the Action Plan for Rural Development, the OPW and the Department of Finance are now engaging with II on a quarterly basis. At the most recent meeting on 8 December 2016, it was decided that a sub group be established to explore the legal, technical and administrative arrangements that may allow for the further sharing of data on flood insurance cover for those 300 areas where the OPW has mapped the flood risk through the CFRAM Programme. This sub group held its first meeting on 18 January last.
I am happy with the work of the Group thus far and am confident that it will continue to progress the issue of flood insurance.
360. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform when a decision will be made in respect of an application made by the local authority for coastal defences at Maghery, County Donegal; and if he will make a statement on the matter. [12024/17]
View answerThe application received from Donegal County Council under the Minor Flood Mitigation Works and Coastal Protection Scheme for funding to undertake a project comprising of coastal erosion defence repairs at Maghery Strand was not eligible for funding under the Scheme as it did not meet the criteria of the scheme for a number of reasons which were notified to the Council by the Office of Public Works.
The application overall presents complex issues of coastal erosion and Donegal County Council and the OPW will explore further the range of options available to address the problem with a view to deciding on the optimum solution in the shortest possible timeframe.
361. Deputy Frank O'Rourke asked the Minister for Public Expenditure and Reform the process in place for the public procurement of legal services; if the process is overseen by the Office of Government Procurement; the date from which the process was applicable; if the process applies to NAMA; if any analysis has been performed on whether the process has succeeded in reducing legal fees; if so, the outcome of such an analysis; and if he will make a statement on the matter. [11250/17]
View answerThe Office of Government Procurement has been established to centralise the procurement of common goods and services across the public sector. This move is in line with best practice in the public and private sector and is part of the continuing reform programme being driven by the Department of Public Expenditure and Reform.
OGP has taken responsibility for the procurement of Professional Services. A key category for which a sourcing strategy has been developed is Legal Services and more particularly those services which public bodies procure from Solicitors. This sourcing priority is based on the fact that the state procures a significant volume and value of legal services in any given year from Solicitors.
Service needs range from routine transactional services such as a low value conveyancing need to high end strategic advice on complex legal matters that are of national importance or unusual legal complexity such as a public private partnership or matter that involves major litigation or potential exposure to major litigation.
These range of requirements exist across all sectors within the public service and therefore it is considered appropriate that the broader OGP procurement strategy for legal services recognises the differences in service needs as well as recognising the requirements of individual sectors and organisation.
OGP has already implemented five (5) key Framework Agreements/contracting arrangements and is currently examining the requirement to establish two (2) additional Framework Agreements.
The following table outlines the arrangements that OGP has put in place for the public sector and the date from which each arrangement is operable:
|
Title |
Operable Date |
|
National Framework for Legal Services (excluding Govt Depts) |
August 2016 |
|
Sectoral Framework for Local Government Legal Services |
September 2016 |
|
Sectoral Framework for Educational Training Board Legal Services |
April 2017 |
|
Provision of Legal Services to HSE |
April 2016 |
|
Provision of Legal Services to Tusla |
Due 1st May 2017 |
OGP has made provision for NAMA, among others, as Framework Clients to procure legal services through National Framework for Legal Services (excluding Govt Depts).
Savings estimates have been developed for each of the arrangements put in place.
The following table outlines the estimated annual forecast secured savings for each arrangement:
|
Title |
Forecast Secured Savings (Annual) |
|
National Framework for Legal Services (excluding Govt Depts) |
€3.4m |
|
Sectoral Framework for Local Government Legal Services |
€1.6m |
|
Sectoral Framework for Educational Training Board Legal Services |
€0.13m |
|
Provision of Legal Services to HSE |
€0.9m |
|
Provision of Legal Services to Tusla |
€2.0m |
|
Total |
€8.03m |
Accessing Legal Services can be difficult for Public Sector bodies, particularly those that do not regularly need these services and may be unfamiliar with the marketplace. The procurement process itself can also involve significant time and money, both for the awarding authority and service provider.
The arrangements put in place by OGP are fully compliant with procurement regulations and reduce the time and costs associated with the procurement process by offering a facility that has already been competitively tendered.
These arrangements aims to deliver easy access to high-quality, efficient and effective services for Public Sector bodies, at the best possible price.
362. Deputy Michael D'Arcy asked the Minister for Public Expenditure and Reform when his Department will be carrying out an actuarial valuation in respect of the accrued liability of public service occupational pensions; and if he will make a statement on the matter. [11299/17]
View answerOn foot of EU Regulation (EU) 549/2013 the C.S.O. will be required to report on the gross liabilities of Irish pension schemes as part of the National Accounts.
Reporting is mandatory, commencing with an end 2015 position. This exercise is being undertaken by D/PER on behalf of the C.S.O following on from a previous exercise to determine an Accrued liability figure in respect of the National Accounts by the former Actuary in respect of 2012.
Under the 2012 exercise the accrued liability was €98bn. This represents the present value, at end December 2012, of all expected future superannuation payments to current staff and their spouses in respect of service to date, plus the full liability for all future payments to current and preserved pensioners and to their spouses.
An updated figure will be reported in 2017.
Further information regarding the accrued pension liability exercise can be found here: http://www.per.gov.ie/en/public-service-pensions-accrued-liability/.
363. Deputy John Brady asked the Minister for Public Expenditure and Reform the amount his Department spent on public relations consultants and all matters relating to public relations costs in 2016; and if he will make a statement on the matter. [11434/17]
View answerIn response to the Deputy's question, there was no expenditure on public relations by my Department during 2016.
364. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 172 of 19 January 2017, if the high level forum on the community employment sector, as referred to in the Minister's reply, has now reconvened to examine the issue of pension entitlements for community employment scheme supervisors and assistant supervisors; if the working group has established a position in respect of agreed pension entitlement for those workers as per a 2008 Labour Court recommendation; if so, the details of its recommendations; and if he will make a statement on the matter. [11481/17]
View answerThe forum reconvened under a new Chair and met on Friday 24 February 2017. The work of the forum continues and the minutes of the meeting will be published on my Department's website in due course.
365. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the level of construction inflation that has been experienced by his Department in each of the past 6 years and to date in 2017 in respect of construction projects and other capital projects; the way in which he monitors construction inflation and the mechanisms he employs to establish this; and if he will make a statement on the matter. [11541/17]
View answerYear on year increases over the past six years are:
|
Year |
% Increase in Price |
|
2011 |
-2.12% |
|
2012 |
2.96% |
|
2013 |
2.68% |
|
2014 |
4.38% |
|
2015 |
5.54% |
|
2016 |
5.92% |
There are no figures available for 2017 yet
366. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform the reason that the current interdepartmental AP higher competition is confined to specific grades working in the Civil Service when this is contrary to the guidelines and recommendations of the Commission on Public Service Appointments. [11673/17]
View answerCircular 04/2017: Interdepartmental Competition for appointment to Assistant Principal Higher in the Civil Service issued on 22 February 2017.
The competition is in line with past AP Higher competitions in that the eligibility pool is taken from both the existing AP standard level and the top tranche of successful candidates in the AP standard competition. Equivalent grades at AP standard level are also eligible in line with the current practice to open up career opportunities. I would point out that all grades were eligible for the AP standard competitions.
367. Deputy Clare Daly asked the Minister for Public Expenditure and Reform his plans to restore the pensions of the public sector workers who retired after March 2012 and whose pensions are above €12,000 and below €32,500, pensions which were de facto reduced as a consequence of the original FEMPI legislation and not restored as part of the FEMPI Act 2015. [11770/17]
View answerI refer the Deputy to my reply to Parliamentary Question No. 4045/17 on 31 January 2017.
Parliamentary Question No. 4045/17 on 31 January 2017 [Brendan Howlin]
To ask the Minister for Public Expenditure and Reform his plans to similarly advance the payment date for retired public servants, in view of the advancing of the date for the next payment of pay restoration for public servants; and if he will make a statement on the matter.
Answer
Following the Labour Court Recommendations on Garda pay in November 2016, discussions between the Government and the Public Services Committee of ICTU under section 6 of the Lansdowne Road Agreement concluded with agreement to an increase of €1,000 in annualised salaries for the period 1 April 2017 to 31 August 2017 inclusive for:
- public servants on annualised basic salaries up to €65,000;
- who are parties to the Lansdowne Road Agreement; and
- who do not stand to benefit from the Labour Court Recommendations.
The increase was agreed to address the pay anomaly arising from the Labour Court Recommendations accepted by the Government in resolution of the pay dispute with the Garda Associations. The terms of that settlement have not impacted on pensions in payment and the current increase of €1,000 for the period 1 April to 31 August 2017 on annualised basic salaries up to €65,000 will not impact on pensions in payment also.
Reductions to public service pensions which took place by way of the Public Service Pension Reduction (PSPR) under the financial emergency legislation are being significantly reversed. This is happening in three stages under FEMPI 2015, with PSPR-affected pensioners getting pension increases via substantial restoration of the PSPR reductions on 1 January 2016, 1 January 2017 and 1 January 2018. As I have previously indicated, it will be for Government in due course to consider the issue of how to adjust the post-award value of public service pensions through appropriate pay or other linkages, as we move beyond FEMPI and PSPR restoration towards more normal pay and pension setting conditions in the public service.
368. Deputy Robert Troy asked the Minister for Public Expenditure and Reform his plans to bring in a cap on the amount legal representatives can earn and the number of representatives any witnesses can have in the upcoming public enquiry not to impugn the rights of any representative but to ensure adequate use of taxpayers' money. [11842/17]
View answerMy Department is very conscious that there must be careful management of costs relating to the Tribunal into protected disclosures made under the Protected Disclosures Act 2014 and certain other matters following Resolutions. This message has been conveyed to my colleague the Tánaiste and Minister for Justice and Equality and officials of our Departments are working to ensure that cost containment is suitably prioritised. This can be a challenging task given that overall expenditure on Tribunals has proven to be difficult to predict in the past. Timescale is also a key driver of total expenditure. This Tribunal is expected to complete its work on Terms of Reference (a) to (o) within one year. The Deputy will be aware that the Tribunals are vested with powers, rights and privileges of the High Court as regards attendance and examination of witnesses. Tribunals also have a significant measure of discretion as to the way in which they conduct proceedings and they generally establish their own rules in relation to the level of legal representation for witnesses. The approach of the new Tribunal to representation for witnesses will no doubt become clear in this regard as it begins to undertake its work. As Minister charged with ensuring appropriate management of public expenditure, I do welcome Mr. Justice Charleton's opening statement that acknowledged the Tribunal will be a drain on resources. It is in all our interests that the Tribunal into protected disclosures can proceed promptly but with some reassurance about cost containment. The Dáil Resolution establishing the Tribunal also noted that it should be completed in as economical a manner as possible.
