Tuesday, 11 Apr 2017

Written Answers Nos. 435-445

Civil Service Conciliation and Arbitration Scheme

Questions (435)

Michael Fitzmaurice

Question:

435. Deputy Michael Fitzmaurice asked the Minister for Public Expenditure and Reform the reason a union (details supplied) which by their own published financial accounts for 2015 and 2016 has provided funding (details supplied) to a campaign, and is still being recognised under the conciliations and arbitration scheme for the Civil Service; and if he will make a statement on the matter. [17581/17]

Written answers

Minister for Public Expenditure and Reform

The particular organisation referred to by the Deputy is not registered as a political organisation on the current register of political parties in Ireland. It is therefore considered that no issue arises under the civil service conciliation and arbitration scheme in relation to the matter raised by the Deputy in respect of the civil service trade union concerned.

Industrial Relations

Questions (436)

Jim O'Callaghan

Question:

436. Deputy Jim O'Callaghan asked the Minister for Public Expenditure and Reform if action can be taken to ensure that members of an association (details supplied) can have access to the State's dispute resolution machinery in respect of their ongoing entitlements; and if he will make a statement on the matter. [17659/17]

Written answers

Minister for Public Expenditure and Reform

In terms of access to the State's dispute resolution machinery, the Workplace Relations Commission and related institutions provide advice and assistance on industrial relations matters in the workplace to employers, employees and their representatives. There is no legislative provision for access to third-party adjudication in respect of pension entitlements for recipients of public service pensions. Indeed there is no such facility for recipients of the contributory state pension.

The interests and concerns of public service pensioners in relation to public service pension issues have been regularly articulated in meetings between the Alliance of Retired Public Servants and my Department.  This engagement has also included meetings between the alliance, myself and my predecessor. Through that process of engagement with the alliance, I believe that public service pensioners have had, and continue to be afforded, a meaningful and direct means of articulating their concerns in relation to pensions and related issues.

Public Sector Staff

Questions (437)

Seán Haughey

Question:

437. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform the legislative basis for established positions in the Civil Service; the essential rights and entitlements of such employees; and if he will make a statement on the matter. [17668/17]

Written answers

Minister for Public Expenditure and Reform

The Civil Service Regulation Act 1956 is the key legislative basis for established positions in the civil service. It defines an established position as "a position in which established service is rendered".  Established service is defined in the same Act as "service in a capacity in respect of which a superannuation allowance may be granted under the Superannuation Acts, 1834 to 1954".

To a large extent the actual differences between established and unestablished service are historical, other than in the case of pensions.  Reflecting developments in employment law the rights of all civil servants are broadly the same.  In the past the fundamental differences between established and unestablished staff were (i) the basis of their tenure and (ii) their method of entry into the civil service. However, these differences no longer exist.

The Civil Service Regulation (Amendment) Act 2005 provided for the abolition of the distinction in the tenure arrangements on the basis of whether a civil servant is established or unestablished and replaces it with a distinction based primarily on grade - where the Secretary General is responsible for the management of staff at assistant principal, and equivalent, and below, and the Minister is responsible for the management of grades above that level.

Similarly the Public Service Management (Recruitment and Appointments) Act 2004 means that the framework under which recruitment to the public service is carried out is now the same for all civil servants, whether established or unestablished.  All civil servants are covered by the provisions of the Act and this means that whether staff are established or unestablished their entry route to the civil service is the same.  Notwithstanding this because established civil servants cannot be employed under an employment contract - other than a probationary contract - any staff employed on contract will therefore hold unestablished status.

The terms and conditions of civil servants are determined by the Minister for Public Expenditure and Reform under section 17 of the Civil Service Regulation Act 1956 and civil servants, whether established or unestablished, generally have the same statutory and non-statutory conditions of employment.

There are some differences in the pension terms and the retirement ages that apply to established and unestablished civil servants. In general, for those who entered prior to 1 April 2004, and who are established civil servants, excluding prison officers, the minimum pension age is 60 and the maximum retirement age is 65, while non-established state employees have a minimum pension age of 65 and a maximum retirement age of 65/66. In general, those appointed on or after 1 April 2004 and before 1 January 2013, whether established, excluding prison officers, or non-established, have a minimum pension age of 65 and no maximum retirement age. Members of the single scheme, in general those appointed on or after 1 January 2013, whether established, excluding prison officers, or non-established have a minimum pension age of 66, rising in step with state pension age increases to 67 in 2021 and 68 in 2028.  Retirement is compulsory when a member of the single scheme reaches 70 years of age.

Public Sector Staff Retirements

Questions (438)

Éamon Ó Cuív

Question:

438. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform when it is intended to extend the mandatory retirement age across the public service and Civil Service; and if he will make a statement on the matter. [17675/17]

Written answers

Minister for Public Expenditure and Reform

As the Deputy is aware, an interdepartmental working group, chaired by my Department, was established early in 2016 to examine the issues arising from prevailing retirement ages for workers in both the public and private sectors, in the context of the current age of entitlement to the state pension and the scheduled increases to the state pension age in 2021 and 2028. The group, whose report was agreed by Government last August, considered policy around retirement age in both the public and private sectors, examining implications arising from retirement ages now and in the future. The Group identified a set of framework principles to underpin policy in the area and made a number of recommendations assigned to Government Departments and employer bodies for follow-up in that regard. A copy of the report is available online at http://www.per.gov.ie/en/report-of-the-interdepartmental-group-on-fuller-working-lives/.

On foot of one of the recommendations of the report, my Department, with public service employers, was tasked to review the current statutory and operational considerations giving rise to barriers to extended participation in the public service workforce up to and including the current age of entitlement to the contributory state pension. This review is currently underway and is expected to be completed by the second quarter of 2017.  Future policy in this area will be considered by Government following the outcome of this review.

Any change in the compulsory retirement ages for public servants will require primary legislation.

Office of Public Works Properties

Questions (439)

John Deasy

Question:

439. Deputy John Deasy asked the Minister for Public Expenditure and Reform the number of vacant buildings or units in the ownership or control of the Office of Public Works; the locations of same; and the length of time they have been unoccupied in each case. [17925/17]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I am advised by the Commissioners of Public Works that the information sought by the Deputy is currently being collated. A detailed response will issue directly to the Deputy as soon as it is available.

The following deferred reply was received under Standing Order 42A

The table sets out the properties owned by the Commissioners of Public Works which are currently vacant. The majority of these properties are former Garda stations that were closed as part of the policing plans of An Garda Síochána in 2012 and 2013. The future use of the former Garda stations will be determined once the review of closed Garda stations being undertaken as part of the Programme for a Partnership Government has concluded.

The non-Garda station properties on this list are currently being examined to determine their potential for future State use. Properties for which there is no alternative State use identified will be disposed of on the open market through an advertised process. A number of properties on this list are being retained for strategic purposes.

List of Vacant Properties Owned by the Commissioner of Public Works

County	Location	Property	Date Vacant
Cavan	Bawnboy	Former Garda station	31st January 2013
Cavan	Redhills	Former Garda station	10th November 2013
Cavan	Stradone	Former Garda station	2002
Clare	Broadford	Former Garda station	31st January 2013
Clare	Corofin	1&2 Riverview – former National Parks and Wildlife	2005
Clare	Doonbeg	Former Garda station	31st January 2013
Clare	Inagh	Former Garda station	31st January 2013
Clare	Quin	Former Garda station	31st January 2013
Cork	Adrigole	Former Garda station	31st January 2013
Cork	Ballyfeard	Former Garda station	30th March 2012
Cork	Ballygurteen	Former Garda station	30th March 2012
Cork	13 Woodville, Blarney	Garda Residence	June 2012
Cork	Buttevant	Garda Residence	2011
Cork	No. 4 Crosshaven CoastGuard Cottage	CoastGuard Cottage	1995
Cork	No. 5 Crosshaven CoastGuard Cottage	CoastGuard Cottage	2005
Cork	No. 7 Crosshaven CoastGuard Cottage	CoastGuard Cottage	Pre 1993
Cork	No. 8 Crosshaven CoastGuard Cottage	CoastGuard Cottage	Pre 1993
Cork	No. 9 Crosshaven CoastGuard Cottage	CoastGuard Cottage	Pre 1993
Cork	No. 10 Crosshaven CoastGuard Cottage	CoastGuard Cottage	Pre 1993
Cork	No. 11 Crosshaven CoastGuard Cottage	CoastGuard Cottage	1996
Cork	Clonakilty	Agricultural College & Office	2014
Cork	Goleen	Former Garda station	30th March 2012
Cork	Knocknagree	Former Garda station	30th March 2012
Cork	Rathduff	Former Garda station	31st January 2013
Cork City	McCurtain Street	Former Garda station	31st January 2013
Cork City	St Lukes Former GS, Ballyhooley Rd, Cork	Former Garda station	1992
Donegal	Bunbeg	Former Garda station	2009
Donegal	Buncrana	Former Garda station	2007
Donegal	Castlefin	Garda Residence	Early 1990s
Donegal	Malin	Former Garda station	31st January 2013
Donegal	Na Brocacha / Cloghan	Former Garda station	31st January 2013
Dublin	10/11 Castle Street	Building	1999
Dublin	91A George's Street, Dun Laoghaire	Building	2010
Dublin	Debtors' Prison, Halston Street	Building	2006
Galway	Ballymoe	Former Garda station	31st January 2013
Galway	Corrandulla	Former Garda station	29th April 2012
Galway	Kilconly	Former Garda station	31st January 2013
Galway	Leenane	Former Garda station	31st January 2013
Galway	Maam	Former Garda station	2005
Galway	Tynagh	Former Garda station	31st January 2013

-

Kerry	Ballylongford	Former Garda station	30th March 2012
Kerry	Brosna	Former Garda station	31st January 2013
Kerry	Camp	Former Garda station	31st January 2013
Kerry	Moyvane	Former Garda station	30th March 2012
Kildare	Rathangan	Former Garda station	2003
Kilkenny	Castlecomer	Former Garda station	2001
Leitrim	Dromahair	Former Garda station	31st January 2013
Leitrim	Drumkeerin	Former Garda station & Garda Res	29th April 2012
Leitrim	Glenfarne	Former Garda station	31st January 2013
Leitrim	Keshcarrigan	Former Garda station	31st January 2013
Limerick	Castletown Conyers	Former Garda station	31st January 2013
Limerick	Cecil Street	Building	Autumn 2014
Limerick	Edward Street	Former Garda station	1987
Limerick	Galbally	Former Garda station	31st January 2013
Limerick	Kilfinane	Former Garda station	2013
Limerick	Mary Street	Former Garda station	10th November 2013
Limerick	Mayorstone Park	Former Garda station	2006
Limerick	Shanagolden	Former Garda station	30th March 2012
Longford	Ballinalee	Former Garda station	31st January 2013
Louth	62/63 West St. Drogheda	Building	2013
Mayo	Ballina	Former Garda station	2005
Mayo	Ballyglass	Former Garda station	31st January 2013
Mayo	Bellacorrick	Former Garda station	30th March 2012
Mayo	Blacksod	Former Garda station	31st January 2013
Mayo	Hollymount	Former Garda station	31st January 2013
Meath	Navan	Government Building	2006
Meath	Enfield	Former ESB Building	2007
Monaghan	Clontibret	Former Garda station	30th March 2012
Monaghan	Corrinshigagh	Former Garda station	31st January 2013
Monaghan	Newbliss	Former Garda station	31st January 2013
Monaghan	Smithborough	Former Garda station	30th March 2012
Offaly	Birr	Former Met station	October 2009
Roscommon	Ballintubber	Former Garda station	31st January 2013
Roscommon	Ballyforan	Former Garda station	31st January 2013
Roscommon	Knockcroghery	Former Garda station	31st January 2013
Roscommon	Tarmonbarry	Former Garda station	29th April 2012
Tipperary	New Inn (Tipperary)	Former Garda station	31st January 2013
Tipperary	No. 3 The Mall, Templemore	Garda Residence	December 2010
Tipperary	No. 4 The Mall, Templemore	Garda Residence	February 2011
Tipperary	No. 5 The Mall, Templemore	Garda Residence	September 2016
Tipperary	No. 9 Church Ave, Templemore	Garda Residence	March 2011
Tipperary	No. 10 Church Ave, Templemore	Garda Residence	March 2010
Waterford	Ballyduff	Former Garda station	31st January 2013
Wicklow	Hollywood	Former Garda station	31st January 2013

Workplace Relations Services Data

Questions (440)

Sean Fleming

Question:

440. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the adjudications and the findings of the Workplace Relations Commission in respect of public bodies in each of the years 2015 to 2016 and to date in 2017 that have not been accepted by the line Department having consulted with his Department; the numbers involved and reasons for this; and if he will make a statement on the matter. [17929/17]

Written answers

Minister for Public Expenditure and Reform

It is the position that my Department was not approached by public bodies directly under its aegis in relation to adjudications or findings arising from the Workplace Relations Commission in respect of the period in question.

Flood Prevention Measures

Questions (441)

Joe Carey

Question:

441. Deputy Joe Carey asked the Minister for Public Expenditure and Reform if funding will be made available for a flood protection scheme (details supplied) in County Clare; and if he will make a statement on the matter. [17986/17]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Shannon Catchment Flood Risk Assessment and Management, CFRAM, study flood maps for Clonlara were developed in 2013-14. The flood maps were developed, making use of the information available at the time, including information on the event of November 2009, which was the most extreme on record by a significant margin. The subsequent flood event of the Winter of 2015-2016 was exceptionally severe, more extreme even than the Shannon flood of November 2009. The area had hence suffered two particularly extreme floods in recent years. Based on this and information that was collated and provided over the months after the flood, the OPW decided to undertake a review of the flood maps.

The OPW accordingly commissioned its consultants to undertake a review in the Autumn 2016. The outcome of this review has been a slight increase in the design flood levels in the lower Shannon in this area. The assessment of options in this area has therefore also been reviewed to determine if potentially viable options for flood risk management measures might be available. This work has involved re-examining the flood damages, the possible options and the economic justification for the options.

A potentially viable option for flood risk management has been found, based principally on flood defences, with some pumping required to remove rainwater falling behind the defences during times of flood. The proposed option has a standard of protection of a 1000-yr flood, a 0.1% annual exceedence probability, which is above the normal standard and so offers a very robust level of protection. The measure will protect the homes in the area that are prone to flooding, and also the road providing access to the properties that are elevated above the past flood levels such that access and egress to these properties would be maintained during times of flood once the flood protection measures are in place.

The revised maps and the proposed option for managing the flood risk in Clonlara as described above were presented to the public for consultation at a local Public Consultation Day held on Thursday 23 March. A large number of people from the community attended, with a generally positive response.

The responses and feedback from the consultation will now be reviewed by the OPW and its consultants, and a proposed measure will be set out in the final flood risk management plans. Once the plans are approved, the measures set out in the plans may be progressed through detailed design and the relevant planning and approval processes on towards construction.

The current position regarding the CFRAM Programme is that the flood risk management plans are now being finalised and this process is near completion. A prioritised list of feasible measures, both structural and non-structural, will be drawn up to address flood risk in an environmentally sustainable and cost effective manner. The plans will then be submitted for approval by the Minister for Public Expenditure and Reform and subsequently for the adoption by the local authorities.

Flood Prevention Measures

Questions (442)

Eamon Scanlon

Question:

442. Deputy Eamon Scanlon asked the Minister for Public Expenditure and Reform the status of the development of flood relief measures and proposals in relation to individual property protection assistance to home owners; and if he will make a statement on the matter. [18159/17]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Interdepartmental Flood Policy Co-ordination Group is considering the potential costs and benefits associated with the introduction of an individual property protection scheme. The Group is being informed by two different pilot projects, which are currently underway in Thomastown and Graiguenamanagh in County Kilkenny and Crossmolina in County Mayo.

In respect of the Kilkenny pilot, the OPW is funding the costs of a research and feasibility study into the potential provision of individual property protection, which is due to conclude and make recommendations in the coming weeks.

In Crossmolina, consultants have undertaken surveys of individual properties and Mayo County Council has procured a contractor who is currently installing the defences at the relevant properties.

The Co-ordination Group’s work, when completed, will be submitted to Government for consideration in the context of the proposals for the introduction by Government of any feasible assistance to support individual property protection measures.

Inniúlacht sa Ghaeilge sa Státseirbhís

Questions (443, 444, 445)

Dara Calleary

Question:

443. D'fhiafraigh Deputy Dara Calleary den Aire Caiteachais Phoiblí agus Athchóirithe i bhfianaise thuarascáil nua an Choimisinéara Teanga a cháineann an Stát go láidir ó thaobh seirbhísí trí Ghaeilge a chur ar fáil, an n-aontaíonn sé le moladh an Choimisinéara gur chóir polasaí nua earcaíochta a fheidhmiú lena ndéanfar athchothromú ar líon na bhfostaithe stáit atá in ann seirbhísí a chur ar fáil trí Ghaeilge [18204/17]

Dara Calleary

Question:

444. D'fhiafraigh Deputy Dara Calleary den Aire Caiteachais Phoiblí agus Athchóirithe i bhfianaise thuarascáil nua an Choimisinéara Teanga a cháineann an Stát go láidir ó thaobh seirbhísí trí Ghaeilge a chur ar fáil, an n-aontaíonn sé le moladh an Choimisinéara gur chóir deimhin a dhéanamh de go bhfuil íosmhéid foirne le Gaeilge (atá tomhaiste de réir creat tagartha aitheanta) i ngach eagraíocht stáit a chuireann seirbhís ar fáil don phobal [18205/17]

Dara Calleary

Question:

445. D'fhiafraigh Deputy Dara Calleary den Aire Caiteachais Phoiblí agus Athchóirithe i bhfianaise thuarascáil nua an Choimisinéara Teanga a cháineann an stát go láidir ó thaobh seirbhísí Gaeilge a chur ar fáil, an n-aontaíonn sé le moladh an Choimisinéara gur chóir céimeanna a ghlacadh láithreach chun líon na bhfostaithe le Gaeilge sa státchóras a mhéadú [18206/17]

Written answers

Minister for Public Expenditure and Reform

Molaim Ceisteanna Uimh. 443 go 445, cuimsitheach, a fhreagairt le chéile.

Tabharfaidh mé freagra ar na ceisteanna seo ón Teachta mar gheall ar an státseirbhís. Tá Airí éagsúla freagrach as na réimsí eile sa tseirbhís phoiblí.

Is maith is eol dom na moltaí atá déanta ag an gCoimisinéir Teanga mar chuid dá 'Theachtaireacht ar Chóras na Scéimeanna Teanga'.

Mar chúlra ar an scéal, d'fhaomh an Rialtas cur chuige nua le tacú le hinniúlacht Gaeilge sa státseirbhís a thabhairt isteach sa bhliain 2014.

Cuireadh socruithe i bhfeidhm in ionad an pholasaí le marcanna bónais don inniúlacht sa Ghaeilge a bhronnadh in earcaíocht don státseirbhís agus i gcomórtais ardaithe toisc nach raibh sé ag sásamh cuspóirí an Rialtais ó thaobh inniúlachta Ghaeilge sa Státseirbhís.

Leagadh cúram ar an Seirbhís um Cheapacháin Phoiblí fo-phainéil a bhunú mar chuid den bheartas earcaíochta oscailte atá acu. Thairis sin, mar chuid den Phleanáil Fórsa Saothair, iarradh ar Ranna na poist/ réimsí oibre ina mbíonn daoine le hinniúlacht Ghaeilge de dhíth orthu a sainaithint agus iad seo a chur san áireamh ina bpleananna don phleanáil fórsa saothair. Ag féachaint d'Acht na Gaeltachta 2012, iarrfar ar Ranna aird ar leith a dhíriú ar na poist atá lonnaithe nó atá ag freastal ar na ceantair Ghaeltachta. 

Is cuid lárnach é an próiseas seo le cinntiú go mbeidh aird ar leith ar na ceapacháin lena mbaineann riachtanas inniúlachta sa Ghaeilge leo sna comórtais earcaíochta, comórtais oscailte agus comórtais ardaithe, a bheidh á reáchtáil ag an tSeirbhís Um Cheapacháin Phoiblí amach anseo. Déanfar measúnú ar leith ar na riachtanais atá ann do dhaoine le Gaeilge sna comórtais earcaíochta agus comórtais ardaithe a bheidh á reáchtáil ag na Ranna agus cuirfidh an tSeirbhís Um Cheapacháin Phoiblí fó-phainéal le chéile más gá.

D'fhógair an iar-Aire den Chaitheachas Phoiblí agus Athchóirithe i mí Dheireadh Fómhair 2014 go raibh deireadh leis an moratóir earcaíochta sa tSeirbhís Phoiblí agus cuireadh cumhachtaí bhainistíochta tarmligthe ina áit.

Tá comhaontú seirbhíse i bhfeidhm idir mo roinn agus an Roinn Ealaíon, Oidhreachta, Gnóthaí Réigiúnacha, Tuaithe agus Gaeltachta. Leagtar amach an ról atá ag an Roinn Ealaíon, Oidhreachta, Gnóthaí Réigiúnacha, Tuaithe agus Gaeltachta sa chomhaontú seirbhíse mar gheall ar oiliúint Gaeilge sa státseirbhís.

Tuigtear go bhfuil comhaontú i bhfeidhm idir Foras na Gaeilge agus Gaelchultúr Teoranta do sholáthar oiliúna Gaeilge don Státseirbhíse. Tuigtear dom go bhfuil breis agus 1,200 státseirbhíseach agus suas le 80 eagraíocht stáit tar éis freastal ar chúrsaí de chuid Gaelchultúr Teoranta. Tá an Teastas sa Ghaeilge Ghairmiúil bainte amach ag 400 Státseirbhíseach ó 20 eagraíocht stáit ina theannta sin.

Cé go bhfuil na fo-phainéil do dhaoine le hinniúlacht sa Ghaeilge curtha le chéile ag an tSeirbhís Um Cheapacháin Phoiblí, tá sé deacair orthu daoine a bhogadh óna bpoist reatha go dtí na suíomhanna ina bhfuil na folúntais lonnaithe.

Is eol dom go raibh cruinnithe ag oifigigh ón Roinn le hoifigigh ón Roinn Ealaíon, Oidhreachta, Gnóthaí Réigiúnacha, Tuaithe agus Gaeltachta leis an bpróiseas earcaíochta do dhaoine le hinniúlacht sa Ghaeilge a phlé. Tá sé beartaithe go bpléifear an toradh ar na fo-phainéil do dhaoine le hinniúlacht sa Ghaeilge ó 2014 leis an Seirbhís Um Cheapacháin Phoiblí ar mhaithe le tuiscint níos fear a fháil ar a chur i bhfeidhm.

Aithním an tábhacht a bhaineann le líon foirne le hinniúlacht sa Ghaeilge agus ar féidir leo seirbhisí a chur ar fáil trí mheán na Gaeilge. Aithneofar i scéimeanna teanga sna ranna éagsúla amach anseo na poist lena mbaineann riachtanas inniúlachta sa Ghaeilge leo i gcomhréir le beartas an Rialtais.