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Tuesday, 15 Jan 2019

Written Answers Nos. 269-288

Departmental Expenditure

Questions (269)

Joan Burton

Question:

269. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the budget and spend in his Department for marketing, media and social media in each of the years 2016 to 2018; the projected spend for 2019; and if he will make a statement on the matter. [54469/18]

View answer

Written answers

The following table outlines the spend by my Department on marketing and media in the years 2016, 2017 and 2018. The figures include, for example, awareness campaigns in relation to MyGovID and the work of the Office of Government Procurement which is part of the Department. At present, there are no figures available for the projected spend on marketing and media in 2019.

Year

Total Spend

2016

€14,987.14

2017

€282,144.00

2018

€182,882.71

The following table outlines the spend by my Department on social media in the years 2016, 2017 and 2018. Similarly, these figures include expenditure by the Office of Government Procurement. At present, there are no figures available for the projected spend on social media in 2019.

Year

Total Spend

2016

€2,444.07

2017

€46,634.04

2018

€47,337.07

There is no specific budget set out for marketing, media or social media within my Department. I also refer the Deputy to my reply to PQ Number 54486/18.

Departmental Staff Data

Questions (270)

Joan Burton

Question:

270. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the number of staff in his Department employed to work on marketing, media and social media in 2018. [54486/18]

View answer

Written answers

I wish to inform the Deputy that there are no staff in the Department of Public Expenditure and Reform employed to work on marketing, media and social media.

There are currently 3 members of staff in the Press Office and managing the Department’s social media presence is a part of their work. In addition, one of my Special Advisers, Deborah Sweeney, provides press and media advice as part of her role.

Public Sector Pay

Questions (271)

Bríd Smith

Question:

271. Deputy Bríd Smith asked the Minister for Public Expenditure and Reform if all sick leave is taken into consideration before sanctioning a due incremental pay rise for public sector employees; his plans to examine proposals that would treat work related illness or injury in a different way when calculating entitlements to future increments; and if he will make a statement on the matter. [54510/18]

View answer

Written answers

The Public Service Sick Leave Scheme (S.I 124 of 2014) does not prejudice the Occupational Injuries arrangements in place in each sector, as per the Sick Leave Regulations - (Regulation 4). Therefore any sick leave in relation to an occupational injury is ring-fenced from ordinary sick leave limits and is not included on an officer's sick leave record.

In relation to the payment of increments and also in relation to work related injury or occupational injury, the Minister for Public Expenditure and Reform does not have responsibility for the arrangements in place across the Public Service and these are the responsibility of individual public service employers as appropriate.

The Minister for Public Expenditure and Reform does have responsibility for the arrangements relating to these issues in the civil service.

The Deputy has asked about the treatment of an occupational injury or illness in the calculation of increments. As sick leave in relation to an occupational injury is not included on an officer's sick leave record, sick leave in relation to an occupational injury is not related to or taken into account in any decisions about increments.

National Monuments

Questions (272)

Fergus O'Dowd

Question:

272. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform the long-term future plans for the historical St. Laurence's Gate, Drogheda; if the plan will include public access to the gate; if risk assessments have been carried out on the effects of such access; and if he will make a statement on the matter. [1064/19]

View answer

Written answers

The long term ambition for the St. Laurence's Gate site is to continue to maintain it as a National Monument in State care, consolidate it, rectify certain structural issues that are apparent currently and, ultimately, once a balanced risk assessment has been undertaken, provide a level of safe public access. It is not clear at this stage when the necessary work will be done as a number of other urgent priorities are being addressed currently.

OPW has also consulted with other stakeholders, including the Local Authority about how the site is to be managed in the longer term but no specific conclusions have been reached as yet.

Coastal Erosion

Questions (273)

Fergus O'Dowd

Question:

273. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform if his Department has received an east County Meath coastal erosion report from Meath County Council; if he will be enacting the recommendations and requests in the report to address the urgent coastal erosion in the area of east County Meath to complement the works carried out to date; and if he will make a statement on the matter. [1071/19]

View answer

Written answers

I am advised by my Department that it is a matter for Local Authorities, in the first instance, to assess and address problems of coastal erosion in their areas. Where necessary, Local Authorities may put forward proposals to relevant central Government Departments, including the OPW, for funding of appropriate measures depending on the infrastructure or assets under threat.

In this regard, the OPW Minor Flood Mitigation Works & Coastal Protection Scheme provides funding to Local Authorities to undertake minor flood mitigation or coastal protection works or studies, costing less than €0.75 million each, to address localised flooding and coastal protection problems within their administrative areas. Funding for coastal erosion risk management studies may also be applied for under this scheme. Funding of up to 90% of the cost is available for projects which meet the eligibility criteria including a requirement that the proposed measures are cost beneficial. The OPW has published guidelines for coastal erosion risk management measures and funding applications under the Minor Flood Mitigation Works and Coastal Protection Scheme, available on the OPW website.

I am advised that OPW has not received the report referred to in the Deputy’s question.

Public Sector Staff Retirements

Questions (274, 275, 276)

Fiona O'Loughlin

Question:

274. Deputy Fiona O'Loughlin asked the Minister for Public Expenditure and Reform the situation regarding public service employees who are on or about to participate in the interim arrangements of a fixed one year contract and may want to avail of the extension to 70 years of age under the Public Service Superannuation (Age of Retirement) Act 2018; and if he will make a statement on the matter. [1083/19]

View answer

Fiona O'Loughlin

Question:

275. Deputy Fiona O'Loughlin asked the Minister for Public Expenditure and Reform if a person (details supplied) can be considered for the extended retirement age in the Civil Service. [1084/19]

View answer

Fiona O'Loughlin

Question:

276. Deputy Fiona O'Loughlin asked the Minister for Public Expenditure and Reform the number of persons in the Civil Service availing of the one year extension before retirement; and if he will make a statement on the matter. [1085/19]

View answer

Written answers

I propose to take Questions Nos. 274 to 276, inclusive, together.

On 5 December 2017, the Government made a decision to increase the compulsory retirement age to 70, for public servants recruited prior to 1 April 2004. Primary legislation was necessary to bring this decision into effect and the compulsory retirement age of 65 continued to apply until the enactment of the Public Service Superannuation (Age of Retirement) Act 2018 on 26 December 2018. Under the Act, any relevant public servant who had not already reached his/her compulsory retirement age before 26 December 2018 now has a new compulsory retirement age of 70.

Prior to the enactment of the Public Service Superannuation (Age of Retirement) Act 2018 on 26 December 2018, the compulsory retirement age of 65 continued to apply and pre-2004 public servants reaching that age were required to retire. In recognition of the fact that there would be an unavoidable delay between the Government Decision to amend the compulsory retirement age and the enactment of the legislation necessary to bring that change into effect, I introduced temporary arrangements for those facing compulsory retirement in the interim. These arrangements enabled public servants who reached the age of 65 to retire as required but to be rehired for 1 year until they reach the age of eligibility for the State pension (66). Enactment of the legislation has no effect on those public servants who are availing of the interim arrangements. The terms of their fixed term contracts will continue to apply and they will cease working at age 66 as previously provided. In the Civil Service, my understanding is that there are approximately 150 people who have availed of this arrangement.

The purpose of the interim arrangements was to offer a limited, temporary solution to individuals who reached the age of 65 before the commencement of the necessary legislation. It was clearly indicated that availing of the arrangements did not confer any rights to any new arrangement that might be provided for in future legislation and I understand that the arrangements were welcomed in that context. If the interim arrangements had not existed, individuals in this position would have had to cease working at age 65. Public servants who are currently availing of the interim arrangements have retired (at 65), received lump sums and are receiving pension (subject to abatement). They are thus in a very different position to public servants who had not yet reached the age of 65 before the enactment of the legislation.

The necessity for people reaching the age of 65 to enter the interim arrangements ceased with effect from 26 December 2018. Any relevant public servant reaching the age of 65 on or after that date has a new compulsory retirement age of 70 and can choose to remain at work up to that age, on current terms and conditions.

Flood Relief Schemes Status

Questions (277)

Michael McGrath

Question:

277. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the status of a planned flood relief scheme (details supplied) in County Cork; the stage of the project; when it is due to move to construction; and if he will make a statement on the matter. [1114/19]

View answer

Written answers

I am advised that the Douglas flood relief scheme (incl Togher culvert) is being progressed by Cork County Council. The scheme has received planning approval and is currently at detailed design stage with procurement of the civil works contractor to take place in the first quarter of this year, with the appointment of the civil works contractor to follow shortly thereafter. Construction of the scheme is proposed to commence in the third quarter of 2019.

Garda Stations

Questions (278)

Brendan Griffin

Question:

278. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if consideration will be given to a request from a committee (details supplied) to allow it permission to acquire, use or lease the local Garda barracks; and if he will make a statement on the matter. [1184/19]

View answer

Written answers

The former Garda station at Ballylongford, County Kerry is currently occupied by the National Parks and Wildlife Service (NPWS). It is not available for another use at this time.

Public Procurement Contracts Data

Questions (279)

Seán Sherlock

Question:

279. Deputy Sean Sherlock asked the Minister for Public Expenditure and Reform the number of publicly funded tenders since 2007 that have required additional public moneys allocated to them without the tender process having to be restarted; and the amounts that were allocated in tabular form. [1260/19]

View answer

Written answers

In the first instance, I wish to advise the Deputy that when a procurement process commences, the final cost of procuring the goods or services involved will not always be fully known.

The Department's internal procurement policy provides that a procurement process for goods or services over €5,000 may not be commenced without: establishing a clear business need; obtaining a realistic estimate of the value of all phases of the service or the goods to be procured; and confirming that the required budget has been approved and is in place.

Once the process has commenced, the final expenditure involved may subsequently vary depending on a number of factors, including:

- the level and volume of services actually delivered;

- the invoking of options in the contract to extend it beyond the initially specified date; and

- the invoking of other contract provisions that broaden or intensify the nature of the work involved, such as service enhancement and service review.

Since its establishment in 2011, my Department has had two publicly funded tenders that have required additional public moneys to be allocated to them internally without the tender process having to be restarted. Details are set out as follows.

Year

Tender

Additional Allocation (€)

Further Information

2015

Provision and Implementation of a Business Intelligence Solution

99,026

Additional costs of 11% of the project cost arose in respect of additional implementation costs and supports required

2018

Infrastructure Monitoring Services (eCohesion System)

170,000

Additional costs of less than 6% of project cost arose due to infrastructure monitoring change, some additional functionality and additional days of testing

Public Procurement Contracts

Questions (280)

Brendan Ryan

Question:

280. Deputy Brendan Ryan asked the Minister for Public Expenditure and Reform if tenders have been re-invited from the shortlist of building contractors for the new State Forensics Laboratory at Backweston, Celbridge, County Kildare; if so, the closing date for receipt of tenders; when it is envisaged construction will commence and finish on the project; and if he will make a statement on the matter. [1338/19]

View answer

Written answers

The Office of Public Works (OPW) is managing the delivery of the new Forensic Science Laboratory at the Backweston campus.

The Deputy should be aware that enabling works for Forensic Science Ireland that commenced in October 2017 have now been completed.

However, due to recent changes in international forensic laboratory standards, the merging of the Garda Technical Bureau with Forensic Science Ireland and changes to staff numbers, it was necessary to add further material to the tender documentation. The issues involved, relate primarily to laboratory interior finishes and mechanical and electrical adjustments.

On completion of this examination it was possible to re-invite tenders from the shortlist of building contractors for the new State Forensics Laboratory in Q4 2018 with a closing date for submissions of 29 March 2019. Tender assessment will then take place during Q2 2019. On completion of the assessment and following the statutory standstill period it is envisaged that construction could commence in Q3 2019. When the construction contract for the main building is placed, the estimated construction period is 24 months followed by a validation and test period prior to occupation.

Public Procurement Contracts Data

Questions (281)

Brendan Ryan

Question:

281. Deputy Brendan Ryan asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 148 of 18 September 2018, if the engineering consultants have been appointed; when planning permission will be sought for the State data centre; when tenders will be sought for construction; when construction will commence; the estimated construction time; and if he will make a statement on the matter. [1339/19]

View answer

Written answers

The civil and structural engineers for the project have been appointed following a public procurement process. The mechanical and electrical engineering service is being provided by in-house staff in the OPW. The Planning Application will be lodged in the coming week. The current programme is that tenders will be issued in Quarter 2 and construction to begin in Quarter 4, 2019. This will be reviewed and is likely to be revised. Currently the time for construction is estimated at proximately 12 months.

Flood Prevention Measures

Questions (282)

Brendan Ryan

Question:

282. Deputy Brendan Ryan asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 72 of 9 October 2018, if consultants have been hired to complete the reassessment of the local hydrology of the area in question and the operation of the local drainage network; the expected date for completion of the studies; and if he will make a statement on the matter. [1342/19]

View answer

Written answers

Further to Parliamentary Question No. 72 of 9 October 2018 the Office of Public Works (OPW) and Kildare County Council have developed the project brief for the study referred to by the Deputy.

I have requested information from Kildare County Council and a direct reply will issue to the Deputy in due course.

Flood Relief Schemes

Questions (283)

Éamon Ó Cuív

Question:

283. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the arrangements the Office of Public Works plans to make to alleviate the hardship faced by a community (details supplied) due to the closure of a road; and if he will make a statement on the matter. [1451/19]

View answer

Written answers

The extended road closure is necessitated due to a partial collapse of the bridge at Dunkellin during the course of works on the Dunkellin River and Aggard Stream flood relief scheme. Galway County Council (GCC) is the Contracting Authority for this project with funding being provided by the Office of Public Works.

A road closure was in place for the duration of the proposed works to the bridge. Arising from the partial collapse of the arch bridge, this road closure had to be extended to allow time for a design to be agreed for a replacement structure that would include the additional flow capacity required for the scheme and take account of the historical importance of Dunkellin Bridge. GCC has sought additional funding for the scheme to upgrade the remaining part of the structure in order to secure the bridge into the future.

I am advised that GCC is proceeding expeditiously to have all the necessary agreements and permissions in place to allow the bridge replacement and refurbishment works to be undertaken thereby minimising the duration of the road closure. Liaison with the local community affected by the road closure is a matter for GCC.

National Monuments

Questions (284)

John McGuinness

Question:

284. Deputy John McGuinness asked the Minister for Public Expenditure and Reform the number of persons employed at Kilkenny Castle, permanent and temporary, respectively; the title of the position of each; the number of visitors to the castle in each of the past five years; the budget set aside for 2019 to 2020; the cost of private security at the castle for each of the past five years; if further park wardens will be employed; and if he will make a statement on the matter. [1465/19]

View answer

Written answers

The data are as follows:

Kilkenny Castle Staff Friday as of 11 January 2019

Total 25

Parkland

8 Permanent 0 Temporary

1 x Foreperson

1 x Head Gardener

1 x Gardener

5 x General Operatives

Kilkenny Castle

17 Permanent 0 temporary

1 x Foreperson

1 x Head of Collections

1 x Events Officer

2 x Supervisor Guide

1 x Head Guide

8 x Guides

1 x Supervisor Cleaner

1 x Cleaner

1 x Payclerk

2019 Seasonal Guides (from 1st February)

12 x seasonal guides

Visitor Numbers 2014 - 2018

Castle Park

Counters were installed in 2017. 815,428 visited the Castle park in 2017.

2018 - final figures not yet available.

Castle Building ticketed visitor numbers:

2014 - 259,250

2015 - 282,588

2016 - 307,132

2017 - 327,564

2018 - 335,500

The budget allocation for Kilkenny Castle & Park for 2019 has not been finalised. However, it will be in line with the 2018 allocation of €1. 9m (comprising of €1.36m for pay and €550k for non-pay expenditure).

The following expenditure was incurred in relation to private security :

2014 - €6,000

2015 - €15,530.95

2016 - €28,807.09

2017 - €45,777.59

2018 - €74,295.48

In respect of Park Wardens, OPW intends to fill one Constable position in the near future.

Garda Stations

Questions (285)

Michael McGrath

Question:

285. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the status of a building (details supplied) in County Cork formerly occupied as a Garda station; if the station is in the ownership or control of the OPW; if so, if it is planned to dispose of the building; and if he will make a statement on the matter. [1541/19]

View answer

Written answers

The Commissioners of Public Works own the former Garda station at 58 MacCurtin Street, Cork. When any state property becomes vacant, the policy of the OPW is to firstly determine whether alternative State use by Government Departments or the wider public sector can be identified. If no other State use is identified for the property, the OPW will consider disposing of it on the open market.

In the case of MacCurtain Street former Garda station, an evaluation has taken place in line with the above policy. Given that an alternative State use has not been identified, it is anticipated that the property will be disposed of by means of public auction during 2019.

Legislative Process

Questions (286, 287)

Róisín Shortall

Question:

286. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the expected timeframe for the full passage of the Public Sector Standards Bill 2015; the reason for the delays in the progress of the Bill; and the reason it has not proceeded beyond Committee Stage. [1638/19]

View answer

Róisín Shortall

Question:

287. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform if he will provide a consolidated table that compares the law now with what it will be after the Public Sector Standards Bill 2015 is implemented in terms of the new obligations on officials as promised in committee proceedings on the Bill. [1639/19]

View answer

Written answers

I propose to take Questions Nos. 286 and 287 together.

The Public Sector Standards Bill 2015 was published on 23 December 2015 and completed Second Stage in the Dáil on 20 January 2016. Committee Stage commenced on the 6th of April 2017, where sections 1 to 42 of the 66 sections in the Bill were agreed. Much work has been completed since the Bill was considered in Committee, including work specifically requested by the Finance, Public Expenditure and Reform, and Taoiseach Committee (the Committee) and this work is outlined as follows.

- Letters to T.D.s, Senators and Local Authority Representative Organisations:

At the request of the Committee, I issued comprehensive letters and briefing regarding the Bill on 10th May 2017 to all TD's, Senators, and Local Government Representative Organisations. These letters detailed background information and key reforms of the Bill and included three attachments about the main provisions and checks and balances within the Bill, along with the table that you refer to in your question. For ease of reference I have attached a copy of this table. Finally, the letters stated that my officials were available to discuss any issues that may arise.

- Briefing for T.D.s and Senators:

At the Committee's request, a comprehensive briefing session on the Bill for all T.D.'s and Senators took place on 30th May 2017 in the Oireachtas.

- The Committee

On 16 August 2017 I wrote to the clerk of the Committee outlining that the requests made by the Committee had been met in full and seeking a resumption date for consideration of the Bill.

- Discussions with T.D.s:

Minister of State O'Donovan is currently bringing the Bill forward on my behalf. In order to gain some cross-party consensus for the Bill, two meetings were held between the Minister of State, his officials and Deputy Dara Calleary T.D., Fianna Fáil in November and December 2017, and a meeting was held between the Minister of State, his officials and Deputy Jonathan O'Brien, Sinn Féin in November 2017. These meetings discussed issues regarding various aspects of the Bill. A substantive reply issued to Deputy Calleary in relation to his concerns in December 2017. Deputy O'Brien's issues were addressed at the meeting and he advised that Sinn Féin was broadly in agreement with the Bill.

- Local Authority Representative Groups:

The AILG and LAMA (Local Authority Representative Groups) were invited to the Committee in November 2017 to outline their issues in relation to the Bill. The clerk to the Committee then wrote to my Private Secretary enclosing the Official Transcript of the meeting and a letter from the AILG to me dated June 2017 (which was never received in my Department). The Committee asked my Department to review and address the issues that arose in the course of the hearing and to engage with the stakeholders in that regard. The Official Transcript was thoroughly reviewed by my officials to identify issues raised at the hearing. In January 2018, a meeting took place with the Local Authority Representative Groups to listen to their issues in relation to the Bill. In May 2018, officials also met with representatives from the CCMA (County and City Management Association).

- The Committee:

A letter issued to the clerk of the Committee on 13 March 2018 outlining the response to each of the issues raised by the AILG and LAMA at the FPER Committee meeting in November 2017, and stated that given that all the requests of the Committee had been met, the Minister of State was seeking that the Committee re-commence and complete Committee Stage of the Bill as soon as possible. A reminder letter issued from the Minister of State in June 2018. A date of the 27th of September 2018 was provided for the re-commencement of Committee Stage, however, it had to be postponed due to a bereavement in the Minister of State's family. Committee Stage was subsequently re-scheduled for the 22nd of November 2018, however, this date was deferred by the Committee. My Department has since then, on a number of occasions, requested urgent re-scheduling of Committee Stage and is currently awaiting a date from the Committee.

- Proposed Report Stage amendments

In order to address and resolve the various issues raised during the Committee session on 6 April 2017 and during the subsequent meetings with Oireachtas members and Local Authority Representative Groups, the Minister of State will be proposing a number of Report Stage amendments to the bill which have already been approved by Government. These will be outlined at Committee Stage.

Finally, I would like to highlight that my Department has been working tirelessly on various items regarding the Bill, with a view to facilitating the speedy passage of the Bill through the Oireachtas, once Committee Stage is re-commenced.

Table setting out the current declarations regime and the new proposed regime under the Public Sector Standards Bill 2015 for Oireachtas Members and Members of Local Authorities

Current Declarations Regime

Proposed Declarations Regime for category A and B under the Public Sector Standards Bill

Must declare

- profession, trade, occupation etc (other than as a public official) where income exceeds €2,600 at national level (no threshold at local level)

- position as lobbyist, consultant or advisor (applies at national and local level)

Will continue to apply, but

- source of income over €2,600 will be declarable by category A and B; and amount of this income will be declarable for category A on private basis. Reference to a source of income does not include a reference to particular clients of a business or profession of official

- will continue to apply

- any interest in land where value over €13,000 including where official entered into contract to buy land or any option to do so but not private home (national level);

- any estate or interest in land including the interest of official in any contract entered into to buy or sell land or options held by him or any business of dealing in or developing land by a company of which the official or his nominee is a member (local level)

- any profession, business or occupation the official is engaged in on own behalf or otherwise relating to dealing in or developing land and any business of dealing in or developing land carried on during the appropriate period by a company or other body of which the person concerned, or any nominee of the person, is a member (local level)

- any estate or interest in land held by the official where the value is over €10,000 (other than a family home) and including where official entered into contract to buy land or any option to do so

- source of income from developing land by or on behalf of the official and for this purpose income of a company or body corporate related to or dealing with land shall be included if the company or body is connected to the official (by virtue of the definition)

- any estate or interest in land over €10,000 held by a company or body corporate where connected to the official by virtue of the definition of a connected person

- Shares, debentures, bonds etc. or other like investments in a company if aggregate value over €13,000 (national and local level)

- Any beneficial or legal interest in shares, debentures, bonds or other like investments in a company where interest is over €13,000. Doesn’t include money in current account, deposit or other accounts or interests in not-for profits or residential management companies etc

- Directorships or shadow Directorships of any company (national and local levels)

- Continues, but management positions of any companies held will also be declarable

- Travel and related facilities is declarable subject to a number of exclusions.

- See following table on gifts, travel etc

- Gifts, property and services declarable excluding where given on personal basis unconnected with work or where under €650 (national and local level)

- See following table on gifts, travel etc

- The supply or lending of property or supply of a service to the official at less than commercial consideration by prices more than €200 but less than €600 or where supplied or lent free of charge

- Contracts where directly or indirectly supplied goods or services to public body or Minister (national level) or to a local authority (local level) exceeding €6,500

- Continues but threshold reduced to €5,000

- Interests of which official has actual knowledge of spouse or child which could materially influence the official in the performance of his/her functions (applies to Office Holders and all designated public officials but not to other Oireachtas Members at national level; does not apply at local level but beneficial and pecuniary interests must be declared and these apply to connected persons).

- Interests of spouse or child where official has actual knowledge the interest could reasonably be perceived as connected with the performance of his/her functions

Private declarable interests (new requirements under the PSS Bill – applies to Category A)

Amount of income relating to

- remunerated trade, profession, employment etc excluding remuneration as public official

- dealing in or developing land

- position as consultant or adviser or as lobbyist

- any individual assets and liabilities in excess of €50,000

- any gifts which exceed €200 by a non-relative and is not connected with the performance of functions

- any travel which exceeds €600 given by a non-relative and not connected with the performance of functions

- the supply or lending of property or a service for less than commercial price by more than €200 or free of charge if the commercial consideration is more than €200

- the interests of relatives (who are not public officials), which they have knowledge of, that could be perceived as connected with the performance of the function of the official

(spouses and children interests are part of the public declaration as is currently the case)

Ad Hoc declarations

The ad hoc declarations comprise the declarations currently set out in the individual sections of the 1995 Act relating to the performance of functions for public officials at national level (sections 16, 17, 18 and 19) with the exception of members and office holders which are set out at sections 7 and 14 respectively. In relation to members, where the member proposes to speak or vote at proceedings and he/she or a connected person has a material interest in the subject matter shall make a declaration before the proceedings or during his/her speech or before voting. There are similar provisions at Local Government level at section 176 and 177 of the Local Government Act 2001 where the official must disclose the interest or the connected person’s interest at the meeting and before discussion of the matter but in the case of the Local Government official, he/she must withdraw from the meeting while the matter is being discussed.

In the Bill, section 12 provides for ad hoc declarations relating to meetings of the Houses, local authorities, certain committees and boards. It provides that elected representatives at national and local level must declare their interests or a connected person’s interests before proceedings or voting and before discussions on matters begin and must withdraw from the meeting and take no part in the discussion or voting at local authority level and such obligations will now also apply to Board members. In relation to members of the Oireachtas, provided he/she makes the declaration then he/she may continue to participate and vote.

Section 13 sets out ad hoc provisions concerning other public officials which reflect current obligations.

Table regarding proposed regime for gifts, travel, accommodation, refreshment and ancillary facilities as proposed in the Public Sector Standards Bill 2015

-

-

Received from a relative

Received from a person not related

Is gift/travel connected with official’s function?

Not connected with function

Connected with function

Not connected with function

Connected with function

Travel etc

Accept, no declaration

Accept, no declaration

Accept, no declaration

Accept, no declaration

<€200 in 12 months

Gifts

Accept, no declaration

Accept, no declaration

Accept, no declaration

Accept, no declaration

Travel etc

Accept, no declaration

Accept, no declaration

Accept, no declaration

Accept, no declaration

€200-600 in 12 months

Gifts

Accept, no declaration

Accept, declared by all officials

Accept. Only Category A declares, confidentially

Accept, declared by all officials

Travel etc

Accept, no declaration

Accept, declared by all officials

Accept. Only Category A declares, confidentially

Accept, declared by all officials. Excludes travel etc. provided in the course and for the purpose of performing official functions

>€600 in 12 months

Gifts

Accept, no declaration

Refuse/remit and notify Commissioner

Accept. Only Category A declares, confidentially

Refuse/remit and notify Commissioner

Office of Public Works Projects

Questions (288)

John McGuinness

Question:

288. Deputy John McGuinness asked the Minister for Public Expenditure and Reform if cell windows fitted in courthouses and Garda stations are fully compliant with standards relative to that product; if an engineer was contracted to report on the standard and compliance of cell windows already fitted; if so, if that report is available; if the supplier or suppliers of cell windows have been issued with specifications for this product by the OPW; if so, if they met the required specifications; if the product was tested by the OPW or the supplier; if cell windows that were in place have now been removed and replaced by this new product; if cell windows in newly constructed or refurbished stations have been checked recently for damage or defects; and if he will make a statement on the matter. [1786/19]

View answer

Written answers

From the 1970s until 2016 there was only one supplier of the cell windows. This original supplier conformed with a standard set by OPW, Eolas/NSAI in 1987, now updated to comply with EN14019. A second supplier entered the market in 2016 and has a cell window that also complies with EN14019, and in addition, has been tested by a third party.

A due diligence review by a structural engineer firm confirmed that the cell windows “which are currently being produced by both approved suppliers are fit for purpose”. The report is commercially sensitive.

Both window suppliers provided the data on the three elements that make up the cell window, namely, the glass block, concrete, and a protective laminate. The performance of the window relies upon the combined interaction of all three elements working together. It is this combined performance that makes a cell window comply with EN14019. Both approved cell window suppliers have individual elements (glass block, concrete, laminate) that vary when compared with each other. However, when the three elements are combined together they comply with EN14019. The selection of which approved cell window supplier, for a particular project, is the perogative of the main building contractor. The main contractor may choose a supplier based on the number of issues including cost of schedule of delivery, site installation program, etc.

If any defects are noted by the contractor or the design team during the building inspections or later during the defects liability period post completion, they are brought to the attention of the relevant suppliers installation team for correction.

The OPW have been undertaking a general detention area upgrade in Garda stations over the last number of years. The aim of this programme is to meet new standards of prisoner care including heating, ventilation, cell doors and ablution facilities. In some cases this upgrade leads to the renewal of old cell windows. It should be noted that many of the Garda stations involved in the detention area upgrade are of a considerable age dating back to the nineteenth century.

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