Written Answers Nos. 180-197
180. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform the position regarding the provision of a new Garda district headquarters in Bailieborough, County Cavan; and if he will make a statement on the matter. [42541/18]
View answerA Planning Application for this development commenced on 31 August 2018, under Part 9 of the Planning and Development Regulations. The period of public consultation ended on 11 September 2018. It is expected that this process will be concluded shortly.
At this point in time it is not possible to give a definitive completion date for the construction of the new Station until i) the Planning process, ii) the required Public Procurement process and iii) Contract Award are complete.
181. Deputy Jim O'Callaghan asked the Minister for Public Expenditure and Reform the number of staff in his Department and in bodies under his aegis appointed to the principal officer grade arising from internal competitions since 7 July 2015 by year. [41866/18]
View answerThe information requested by the Deputy is set out in the following table:
Principal Officer appointments arising from internal competitions
|
Year |
No. |
|
|
2017 |
Department of Public Expenditure and Reform |
5 |
|
Office of Government Procurement |
3 |
|
|
Bodies under the aegis: |
||
|
2015 (from 7th July) |
Office of Public Works |
1 |
|
2018 (to date) |
Office of Public Works |
1 |
|
Office of the Ombudsman |
1 |
182. Deputy Jim O'Callaghan asked the Minister for Public Expenditure and Reform the number of persons appointed from the panels arising from the 2015 open competition for principal officer and the 2017 open competition for principal officer run by the Public Appointments Service; the number appointed from the principal officer, higher, interdepartmental competition by year; if a table (details supplied) will be completed; and if he will make a statement on the matter. [41868/18]
View answerAs the Deputy will be aware, Government departments and offices have delegated sanction to recruit staff up to the Principal Officer grade provided they stay within their pay allocation/agreed numbers.
Departments and offices also need to take cognisant of the sequences, agreed with the staff side, with regard to the manner in which recruitment and promotions occur.
Sequences are monitored by my department on a quarterly basis and the following information has been provided by each department and office.
|
Department Name or Office Name: |
2015 |
2016 |
2017 |
2018 |
|
No. of Principal Officer appointments arising from internal competitions since 7/7/15 |
39 |
69 |
82 |
54 |
|
No. of Principal Officer appointments arising from 2015 PO Open run by PAS (Campaign ID: 1512210 ) (Effective 7/7/15) |
13 |
33 |
41 |
n/a |
|
No. of Principal Officer appointments (Effective 23/11/17) |
n/a |
n/a |
7 |
14 |
|
No. of Principal Officer (Higher) appointments arising from DPER Circular 13/2017 |
n/a |
n/a |
n/a |
7 |
183. Deputy Thomas Byrne asked the Minister for Public Expenditure and Reform if the OPW has plans to carry out cleaning and dredging works on the river in Drumconrath village, County Meath. [41885/18]
View answerThe Office of Public Works (OPW) is responsible for the maintenance of Arterial Drainage Schemes and catchment drainage schemes designated under the Arterial Drainage Acts of 1945 and 1995. The river referred to by the deputy forms part of the Glyde and Dee Arterial Drainage Scheme for which the OPW has maintenance responsibility.
OPW channel maintenance work is currently ongoing in the area and is expected to be completed towards the end of October 2018.
184. Deputy Thomas Byrne asked the Minister for Public Expenditure and Reform if the OPW has plans to carry out cleaning and dredging works on the River Borora in Moynalty village, County Meath. [41886/18]
View answerThe Office of Public Works (OPW) is responsible for the maintenance of Boyne catchment drainage schemes completed under the Arterial Drainage Acts of 1945. The Borora River referred to by the deputy forms part of the Boyne Arterial Drainage Scheme. Maintenance works are scheduled on this river in 2020. If there are specific issues of maintenance to be addressed, the local community should contact the OPW regional office in Newtown, Trim, Co. Meath.
185. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the way in which and with whom responsibility lies for investigations regarding a breach of section 52 of the Freedom of Information Act 2014; and if he will make a statement on the matter. [41996/18]
View answerPer section 43(3) of the Freedom of Information Act 2014, the Office of the Information Commissioner (OIC) is independent. I am therefore not entitled to comment on the manner in which the OIC has exercised its functions in any particular set of circumstances.
Section 52 of the 2014 Act creates a criminal offence in relation to the deliberate destruction or alteration of records with an intent to deceive while these same records are the subject of an FOI request.
It may be appropriate in the first instance to raise an alleged breach of section 52 with the organisation concerned, and to provide any evidence to support the allegation. The body itself may be best placed to initiate an investigation into relevant matters, if there is a sufficient evidential basis for it to do so. Depending on the outcome of the investigation, the organisation may be entitled to take actions including appropriate disciplinary steps, or if warranted to refer the matter to An Garda Síochána for further investigation.
Alternatively, were the OIC to find evidence of a breach of section 52 in the course of a review, it would be entitled to refer the matter to An Garda Síochána for further investigation. However, I should again emphasise that owing to its statutory independence the question of whether or not it is appropriate to take this step in a particular case is a matter solely for the OIC to determine. The 2014 Act does not confer a role on the OIC to bring or prosecute criminal proceedings in relation to a breach of section 52.
Finally, given that a contravention of section 52 is a criminal matter, it could be raised directly with An Garda Síochána. Any evidence of the alleged breach could also be provided. Again, it would be a matter for An Garda Síochána to take such steps as are appropriate in the circumstances, having regard to the available evidence.
186. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the avenues open to a person when the Office of the Information Commissioner releases a decision on a review which contains mistakes or inaccuracies that could have impacted on the decision; if there is an option to appeal other than the High Court; and if he will make a statement on the matter. [41997/18]
View answerThe Freedom of Information Act 2014 provides that a formal decision by the Office of the Information Commissioner (OIC) is conclusive and binding on all parties concerned, including the public body, the requester, as well as any third parties. The OIC is independent in the performance of its functions, and has extensive powers to make necessary inquiries and obtain copies of records for the purposes of a review. In order to ensure the effective operation of the FOI system, it is important that the OIC must be entitled to bring finality to its reviews when satisfied that it is appropriate to do so. Where a party to a review is dissatisfied with the outcome, they may appeal to the High Court on a point of law, which is the appropriate means by which to challenge a decision of the OIC. It should also be noted that there is nothing to prevent a requester from making further FOI requests for any additional records that have not already been released to them.
187. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform the plans proposed to clean a river (details supplied); if same will be arranged; and if he will make a statement on the matter. [42057/18]
View answerThe Office of Public Works (OPW) is responsible for the maintenance of Arterial Drainage Schemes and catchment drainage schemes designated under the Arterial Drainage Acts of 1945 and 1995.
A two kilometre stretch of the river, referred to by the deputy, forms part of the Duleek (Nanny) Arterial Drainage Scheme for which the OPW has maintenance responsibility. In 2017 the OPW carried out maintenance work on that part of the channel.
The local authority also has maintenance responsibility for a significant extent of this river, as a Drainage District.
188. Deputy Michael Moynihan asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 66 of 9 October 2018, the costs incurred by the programme over the 2003 to 2011 period for the number of staff that relocated; and the costs estimated to be incurred if the total number of 10,000 staff had relocated. [42076/18]
View answerAs the Deputy will be aware the Government announced on 17 November, 2011 that the Decentralisation Programme which was introduced in 2003 should not be continued in the light of the budgetary and staffing outlook.
Initial costings of the Decentralisation Programme estimated at a gross cost of approximately €900m in respect of procuring sites and office accommodation for the Programme.
A 2009 report by the Comptroller and Auditor General (C&AG) includes an audit of property management under the decentralisation programme.
The report identified capital expenditure of €289.4 million on property, including sites, and recurring costs (leases) of €7 million as at April 2010.
Dublin property disposals were €356m and leases with an annual value of €10m over the same period were surrendered.
Non-property costs in the order of €30m were incurred, including the OPW’s spend on dedicated staffing for the programme.
189. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the action taken by the State in its dealings with a bank (details supplied) in view of its acknowledgement of being involved in money laundering. [42097/18]
View answerA Framework Agreement for the provision of Government Banking Services was established in June 2018 following a competitive tendering process. The successful tenderer has published a report on its internal investigation into money laundering at one of its operations. Remaining cognisant of the responsibility to conduct business in line with applicable laws, rules and regulations, my officials have been in touch with the bank in respect of this matter. In the event that circumstances arise that would warrant the exclusion of any tenderer from a Framework Agreement, contract terms and conditions provide for such steps to be taken as may be necessary.
190. Deputy James Browne asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 145 of 20 March 2018, the position regarding refitting Government buildings (details supplied) in County Wexford to enable consolidation of the Department of Employment Affairs and Social Protection services; and if he will make a statement on the matter. [42128/18]
View answerThe Commissioners of Public Works continues to work with the Department of Agriculture, Food and the Marine to see if the building can be reconfigured to free up enough space to meet the Department of Employment Affairs and Social Protection’s full requirement for Enniscorthy.
191. Deputy James Browne asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 144 of 20 March 2018, the position regarding works to consolidate the Revenue Commissioners' customs terminal accommodation (details supplied) in County Wexford; and if he will make a statement on the matter. [42129/18]
View answerThis project is currently being examined in the wider context of the requirements from all State agencies operating in Rosslare Europort.
192. Deputy Brendan Howlin asked the Minister for Public Expenditure and Reform the projected additional carry-over cost in 2020 of the spending measures introduced in budget 2019; the cost by measure and Department in tabular form; and if he will make a statement on the matter. [42273/18]
View answerTable 7 on page 43 of Expenditure Report 2019 provides an estimate of €311 million in respect of the full-year impact of certain Budget 2019 current expenditure measures in the areas of Social Protection, Education, Health, Housing and Justice. These costs are also set out in the following table.
|
Additional Impact in 2020 (€m) |
|
|
Employment Affairs and Social Protection – Gross Cost of Social Protection Package |
135 |
|
Education – Funding for New Measures |
26 |
|
Justice – Funding for Garda Reform, including recruitment |
50 |
|
Health – Funding for New Measures |
55 |
|
Housing – Gross Cost of Housing Assistance Payments |
45 |
|
Additional Costs in 2020 |
311 |
These costs relate to measures that will be implemented in 2019 and as such will be impacted by the actual cost and timing of implementation. Consequently, these costs, and any other carryover costs that may arise in other areas, including as noted in the Expenditure Report costs in relation to Brexit related staff costs in areas including Revenue and Agriculture, will be re-examined for their impact on the overall expenditure and fiscal position during 2019 as the Budget plans are implemented. Any changes to carryover estimates made on foot of reassessment will be set out in the Mid-Year Expenditure Report 2019. As stated in the Expenditure Report, carryover costs must be met from unallocated resources in 2020 or from savings or reprioritisation. For this reason, these costs have not been allocated on a Departmental basis.
193. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform further to Parliamentary Questions Nos. 91 of 23 November 2017, 68 of 17 January 2018 and 187 of 21 March 2018, the status of lands at a location (details supplied) for which Fingal County Council has sought a deed of waiver to transfer the land to its ownership; the timeframe for his Department to make a decision and respond to the council; and if he will make a statement on the matter. [42347/18]
View answerUnder Section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company up to 20 years after dissolution.
The Minister for Public Expenditure and Reform has the discretion, under Section 31 of the State Property Act 1954, to waive property that has devolved to the State under Section 28, if he believes it is proper to do so having regard to all the circumstances of the case.
As the Deputy is aware an application for waiver of the property referred to has been made by Fingal County Council. Processing of waiver applications can be complex and take some time to conclude. This waiver application is not just in respect of the piece of property referenced here; and this has contributed to the length of time this is taking to conclude. Fingal County Council provided further documentation at the beginning of this month (October 2018) in support of its application and this is currently being reviewed by the Chief State Solicitor's Office. I am informed that this application is now at an advanced stage and that a decision can be made shortly.
194. Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on a matter regarding a school (details supplied); and if he will make a statement on the matter. [41750/18]
View answerSince the establishment of An tAonad um Oideachas Gaeltachta within my Department, significant progress has been made in relation to the development of the Gaeltacht School Recognition Scheme and commencement of its implementation. The objective of the Scheme is to allow participating schools to seek to achieve Gaeltacht School Recognition over a 5 year period on the basis of the implementation of specific language-based criteria, including the implementation of a total-immersion approach and the development of action plans by schools.
In April 2017, all primary and post-primary schools in Gaeltacht language-planning areas were invited to participate in the Scheme. The Scheme has been welcomed by Gaeltacht communities and well-received in Gaeltacht schools. This is evident from the high participation rates in the Scheme. 106 or 80% of primary schools and 28 or 96% of post-primary schools in the Gaeltacht have opted to participate in the Scheme.
To encourage participation in the Scheme by schools, a comprehensive information pack outlining the benefits of immersion education and bilingualism was sent to schools for dissemination to school communities, including parents and teachers. The information pack was developed by the Gaeltacht Education Unit in my Department in collaboration with An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta (COGG), Gaeloideachas, the Department of Culture, Heritage and the Gaeltacht and Údarás na Gaeltachta.
Following the submission and review of each participating school’s action plans for improvement by An tAonad um Oideachas Gaeltachta, schools participating in the Scheme were eligible to access a number of additional resources from September 2018. These resources include access to a grant to purchase Irish-medium teaching resources, additional language teaching hours, additional continuing professional development delivered by COGG and additional Inspectorate support.
The number of additional language support hours allocated to schools participating in the Scheme from September 2018 was based on the enrolment figures recorded in the previous year, which is in line with Department norms. Schools at primary level were given the option to combine their additional language support hours with other schools to form clusters, which would allow for the creation of a temporary part-time teaching post that would be shared by the schools in the cluster. Initially schools were advised that the combined hours must equal 25 hours to create the shared teaching post, however, a number of schools applied to form clusters with a combined total of less than 25 hours. Having reviewed all applications received on a case by case basis my Department made the decision to approve these clusters also. This decision was made in the context of the challenges relating to the recruitment of teachers by schools in remote Gaeltacht areas and in the interests of the implementation of the Scheme and the Policy on Gaeltacht Education in general.
Circular 0021/2018 also highlights that the allocation of additional language support hours will be reviewed in 2019.
195. Deputy Billy Kelleher asked the Minister for Education and Skills if he will review an appeal by a school (details supplied) under the exceptional accommodation difficulties to allow an additional teacher to be appointed; and if he will make a statement on the matter. [41751/18]
View answerThe criteria used for the allocation of teachers to schools is published annually on the Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September.
The staffing process includes an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Appeals Board. Circular 0010/2018, “Staffing Arrangements in Primary Schools for the 2018/19 School Year” provides details for schools wishing to make an appeal. It is open to Boards of Management to assess the criteria which best applies to their school and submit an appeal to the Primary Staffing Appeals Board.
The Primary Staffing Appeals Board will meet for the final time this week to consider staffing appeals for the 2018/19 school year.
The Department received a staffing appeal from the school referred to by the Deputy last week. Following clarification that this week's appeal meeting will deal with the current year's staffing allocation, the school has withdrawn its appeal and advised the Department that it will submit an appeal in respect of staffing for the 2019/20 school year when the staffing arrangements for next year are published in early 2019.
196. Deputy Alan Kelly asked the Minister for Education and Skills if he will release all documentation, including internal departmental emails, regarding the purchase of a stadium (details supplied) ; and if he will make a statement on the matter. [41761/18]
View answerSince the sale of the stadium was closed, public access to records on the purchase of the stadium has been provided via the provisions of the Freedom of Information legislation. The information requested by the Deputy was released under the provisions of Freedom of Information on 24 August 2018 in response to two requests.
My Department publishes details of FOI requests on its FOI disclosure log. The general procedure is that this log is updated approximately 8 – 10 weeks after a response to an FOI request has issued. The reason for this time lapse is to allow for an appeal to a decision. In this instance, as the information was released on 24 August (just over 7 weeks ago), the details were due to be added to the published disclosure log very shortly in accordance with normal procedures.
However, in the interests of transparency I have asked my Department to expedite the inclusion of these two requests on the published FOI disclosure log this week and also to publish the records themselves later with other relevant material.
197. Deputy Marc MacSharry asked the Minister for Education and Skills his views on the accuracy of using an application and Eircodes as the measurement benchmark for assessing eligibility for the non-adjacent rate of student maintenance grant in which the practical evidence of a clocked drive of the distance proves that the measurements by the application using Eircodes to be inaccurate (details supplied); and if he will make a statement on the matter. [41764/18]
View answerThe student to which the Deputy refers was assessed under the terms of the 2017 Student Grant Scheme. As per Article 27 (3) of the 2017 Scheme, maintenance grants are payable at either the adjacent or non-adjacent rate. The Awarding Authority determines the rate applicable in respect of an eligible student in line with the Scheme and the accompanying Department of Education and Skills Guidelines.
The adjacent rates of maintenance grant is payable in the case of students whose normal residence is 45km or less from the approved institution which he or she is attending, where the distance is measured as the shortest non-tolled direct route from the student’s residence to the institution. The non-adjacent rate of maintenance grant is payable in all other cases.
In the assessment of the application from the student in question, the awarding authority assessed the distance from her normal residence to the relevant higher education institution as under 45km and awarded the applicant the special rate of maintenance grant (adjacent rate).
The student appealed the decision to the SUSI appeals officer and subsequently to the statutorily independent Student Grants Appeals Board who both upheld the decision of the awarding authority. The student has exhausted the appeals process provided for in the Student Support Act 2011.
On a general point, the student grant scheme is published annually and the terms of each scheme, including enhancements which improve the efficiency of the scheme in terms of accuracy and reduced processing times, can change over time. While some students who were assessed under older schemes may have benefitted from the application of rules that applied at a particular point in time, this should not been seen as an indicator that similar outcomes will be arrived at for students assessed under more recent schemes.
