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Tuesday, 2 Apr 2019

Written Answers Nos. 137-155

Garda Stations

Questions (137)

Aindrias Moynihan

Question:

137. Deputy Aindrias Moynihan asked the Minister for Public Expenditure and Reform when a car park will be constructed at a Garda station (details supplied); and if he will make a statement on the matter. [14812/19]

View answer

Written answers

I can confirm that the Office of Public Works (OPW) received an enquiry from local Gardaí about developing the parking facilities at the Garda Station in question. A quotation for the work was provided to Garda Estate Management (GEM), which must approve funding before the work can be scheduled by OPW for delivery. GEM have confirmed the proposed car park remains under consideration.

Community Employment Schemes Supervisors

Questions (138)

Peadar Tóibín

Question:

138. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform when community employment supervisors will receive the pension provision the Labour Court agreed they were entitled to ten years ago; the reason they have not received it to date; the reason there is a refusal to engage with their unions; and if he will make a statement on the matter. [14986/19]

View answer

Written answers

This issue relates to a claim by community employment supervisors and assistant supervisors who have been seeking, through their union representatives, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme.

The matter was the subject of discussion at the Community Sector High Level Forum which was reconvened to examine certain issues pertaining to the Community Employment sector and in particular to ensure that the matter was fully examined having regard to costs and precedent.

A detailed scoping exercise was carried out by my Department in 2017 in order to comprehensively examine and assess the full potential implications of the issues under consideration.

The scoping exercise clearly illustrated that this matter presents very significant issues for the Exchequer, with a potential cost to the State of between €188 million per annum and €347 m depending on the size of the sector which is difficult to ascertain, in respect of funding to enable an employer pension contribution among all similar State funded Community and Voluntary organisations.  This excludes any provision for immediate ex-gratia lump sum payment of pension as sought, which could, depending on the size of the sector, entail a further Exchequer cost of up to €318 million.

Significant engagement has taken place with unions on this matter but it continues to be the position that state organisations are not the employer of the particular employees concerned and that it is not for the State to provide funding for such pension scheme provision. The employees in question are, or were, employees of private companies notwithstanding the fact that the companies concerned are, or were, in receipt of State funding.

National Lottery Regulator

Questions (139)

Charlie McConalogue

Question:

139. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the gambling regulations which apply to the national lottery; if this is the same regulation that applies to other forms of gambling; if not, the reason for the difference; and if he will make a statement on the matter. [15064/19]

View answer

Written answers

The National Lottery Act 1986 allowed for the creation of a National Lottery in Ireland, and since its launch in 1987 over €5 billion has been raised for use by good causes in communities and organisations across the country.

From its inception until February 2014, the National Lottery was operated under licence by the An Post National Lottery Company, which was 80% owned by An Post and 20% owned by the Minister for Public Expenditure and Reform.

In April 2012, the Government agreed that there would be a competitive process for the award of the next National Lottery licence. Further to this process, Premier Lotteries Ireland (PLI) was awarded a 20 year licence in February 2014, which raised €405 m for use by job rich projects such as the Wild Atlantic Way and the National Sports Campus.

The National Lottery Act 2013 was passed to provide new governing arrangements for the National Lottery, which included the establishment of a National Lottery Regulator.

The functions of the Regulator are described in the Act, and include the following:

- To procure the holding of the National Lottery.

- To monitor the operation of the National Lottery and to monitor and enforce compliance with the Act and the Licence to operate the National Lottery.

- To consider for approval certain matters relating to the National Lottery (including schemes for National Lottery games).

- Manage and control the National Lottery Fund.

The regulator must exercise these functions with the objectives of ensuring the probity and long-term sustainability of the National Lottery, that the interests of participants are protected, and, subject to those objectives being met, maximise returns for good causes.

The Regulator monitors the activities of the Operator in accordance with her statutory objectives and in order to ensure compliance with the Act and Licence. The 118 page Licence to operate the National Lottery covers a very wide range of aspects which relate to the operation and regulation of the National Lottery including: payments to the National Lottery Fund, testing of draw equipment, use of trademarks, and the Operator's obligations at the end of the Licence period.

There are also four Codes of Practice in place, including a Sales Code of Practice, a Participants' Code of Practice, an Advertising and Promotion Code of Practice and a Vetting Procedures Code of Practice. Further detail regarding these Codes, and the National Lottery Licence (subject to a small number of redactions) is available on the Office of the National Lottery Regulator's website (www.rnl.ie).

The elements of the Licence and its Codes that apply to the regulation of the sale of National Lottery products include rules in relation to:

- The content of advertising and promotion of National Lottery games.

- Responsible gaming.

- Seeking approval for new games or amendments to existing games.

- Prohibited games.

- Registration for interactive channels.

- Preventing the sale of National Lottery games to minors.

- Standards to be observed by Retailers and their staff or employees.

- Monitoring of retailers.

While this type of regulation is in place to monitor and ensure compliance with the National Lottery Act 2013, the licence to operate the National Lottery and to manage and control the National Lottery Fund, Minister of State with special responsibility for gambling regulation, David Stanton TD, recently announced that the Government has approved plans to establish an Irish gambling regulatory authority.

This decision is part of two initiatives agreed at cabinet in relation to the future regulation of gambling in Ireland. The Department of Justice and Equality will now draft the necessary heads of legislation. In parallel, work will be advanced on scoping the resources needed to establish an effective regulatory regime.

Government Expenditure

Questions (140, 142)

Pearse Doherty

Question:

140. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the breakdown of the components of pre-committed expenditure in each year from 2019 to 2024 or the latest available date; and the gross figures for pre-committed expenditure in each year in tabular form. [15213/19]

View answer

Pearse Doherty

Question:

142. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the projections for expenditure to account for demographics from 2019 to 2024, inclusive, or the latest available date in tabular form. [15215/19]

View answer

Written answers

I propose to take Questions Nos. 140 and 142 together.

Table 9 on page 45 of Expenditure Report 2019 sets out the revised baseline for current expenditure out to 2021 after taking account of pre-commitments in relation to demographic pressures, public service pay agreements, and the estimated carryover impact of certain budget measures.

Expenditure Report 2019 sets out demographic costs of €0.45 billion for 2020 and 2021. These estimates are informed by the Irish Government Economic and Evaluation Service (IGEES) paper ‘Budgetary Impacts of Changing Demographics 2017 – 2027’. These are included in multi-annual Ministerial expenditure ceilings for Health, Social Protection and Education. Beyond 2022, the IGEES paper suggests demographic costs of approximately €0.4 billion per year, however these figures will be subject to review in the near future. Amounts are also included for public service pay agreements in table 6, on page 42 of Expenditure Report 2019. These resources are included on an aggregate basis and are to be allocated to the relevant Ministerial Vote groups as part of the annual Estimates process.

An amount of €0.4 billion is included for the Public Service Stability Agreement for 2020 and €0.3 billion for 2021. Table 7, on page 43 of Expenditure Report 2019 sets out the carryover impact of certain current expenditure measures announced as part of Budget 2019, amounting to €0.3 billion. As these estimates relate to measures being implemented in 2019, they will be impacted by the actual cost and timing of implementation and consequently the estimated costs will be reassessed during 2019 and set out in the Mid-Year Expenditure Report. As outlined in Expenditure Report 2019, these costs would need to be met from the remaining unallocated resources in the absence of any re-prioritisation of expenditure identified during the Estimates process, informed by the Spending Review. These costs, as included in the Expenditure Report 2019, for the period out to 2021 are set out in the following table.

Pre-committed Gross Voted Current Expenditure 2020 - 2021

-

2020

2021

-

 €bn

€bn

Demographics

451

454

Pay Agreements

390

261

Carryover of Budget 2019 Decisions

311

 

Total Current

1,152

715

Planned capital investment levels out to 2027 have been set out under the National Development Plan, allowing for long-term planning of infrastructural investment in Ireland. The amounts included for Exchequer Public Capital Expenditure, as set out in the Revised Estimates Volume 2019, out to 2022, and the NDP in later years are set out in the following table.

Exchequer Public Capital Expenditure 2020 - 2027

-

2020

2021

2022

2023

2024

2025

2026

2027

-

€bn

€bn

€bn

€bn

€bn

€bn

€bn

€bn

Exchequer Gross Voted Capital 

8.1

8.7

8.9

9.4

10

10.5

11

11.6

Government Expenditure

Questions (141)

Pearse Doherty

Question:

141. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the breakdown of the components of pre-committed capital expenditure in each year from 2019 to 2024 or the latest available date; and the gross figures for pre-committed capital expenditure in each year in tabular form. [15214/19]

View answer

Written answers

As the Deputy will be aware, the National Development Plan, published last year, demonstrates the Government’s commitment to meeting Ireland’s infrastructure and investment requirements over the next 10 years, through a total estimated investment of €116 billion over the period to 2027.  In 2019, capital expenditure of €7.3 billion represents an increase of approximately €1.4 billion or 24% over the 2018 outturn figure.

Although the NDP set out gross voted capital expenditure allocations on a Ministerial level for the period 2018 – 2022, these figures can only be viewed as indicative allocations and not pre-commitments until such time as they are finalised in the Revised Estimates Volume and approved in the Dáil through a Vote. I expect that it will be necessary to make some moderate adjustments to the published allocations over the period, however, I believe that any amendments will be modest and will not pose any material effect on Departmental allocations. Thus, NDP gives a very clear signal of Government's long term capital spending plans.

While my Department sets the capital allocations for Departments and the delegated sanction arrangements under which Departments make their spending decisions, the actual roll-out of particular capital projects and programmes is, of course, managed by the individual line Departments and their agencies who are responsible for project and programme delivery.

As the NDP states, each Government Department is responsible for ensuring that its proposed projects meet with appropriate regulatory requirements including those related to planning law and environmental impact assessments. Departments must also ensure that individual projects and investment proposals meet all of the relevant appraisal processes and value-for-money tests required under the Public Spending Code, before Exchequer resources are ultimately expended on the relevant projects. Individual Departments also have the obligation to manage any multi-annual contractual commitments within the terms of their sanction.

Question No. 142 answered with Question No. 140.

Office of Public Works Projects

Questions (143)

Joan Burton

Question:

143. Deputy Joan Burton asked the Minister for Public Expenditure and Reform if the strategic review by the OPW for the Phoenix Park will be put on public display in libraries and community centres in Dublin in order that persons can engage with the review; and if he will extend the consultation deadline to allow persons sufficient time to make an observation as part of the public consultation process. [14814/19]

View answer

Written answers

The OPW consider that the Phoenix Park Visitor Centre is the best, most centrally located venue for a public exhibition of information in respect of the 'Draft Phoenix Park Visitor Experience Strategic Review.'  For those who are not in a position to review the exhibition in person, the executive summary of the report and a pdf of the exhibition materials are available for download from the Phoenix Park website, www.phoenixpark.ie.  Libraries, community groups, residents associations, schools, sporting bodies, charities and all other interested parties can download this material for free and share with their members.

As per the Deputy's request, I can confirm that the exhibition at the Visitor Centre will be extended by two weeks to run until April 19th 2019 and the observation period will also be extended until April 26th 2019.

Public Sector Pensions

Questions (144)

John Brady

Question:

144. Deputy John Brady asked the Minister for Public Expenditure and Reform if he will consider extending the age limit for children to access their deceased parents' civil service pension beyond 21 years of age in order to complete a third-level course of education; if there is data on the number currently accessing the scheme; if his attention has been drawn to cases in which the funding ceases upon the child reaching 21 years of age yet he or she still has to complete his or her third-level course; and if he will make a statement on the matter. [14820/19]

View answer

Written answers

The Civil Service Spouses’ and Children’s Contributory Pension previously provided for payment of pension to children up to the age of 16 or up to their 21st birthday if they were in full time education. However, General Council Report No. 1324, adopted in December 1997, extended the period of payment for children in full time education up to age 22. This was on foot of a claim lodged by the staff side on the basis that 3rd level education and training was then the norm rather than the exception, and that in many cases children were still in full-time education at age 21.

While agreeing to the increase from age 21 to 22, the Official side noted that public service schemes, as a whole, offered terms that were more favourable than those available in the private sector. That view was generally supported by the Commission on Public Service Pensions in its final report (2000), which found that all public service schemes include spouses’ and children’s benefits, whereas this was not necessarily the case in the private sector. The Commission did not recommend any further extension in the upper age limits for payment of children's pensions.

In relation to the numbers of children accessing the scheme, I have been informed by Payroll Shared Service Centre, which administers the civil service scheme, that these are as follows:

Age group

No. Accessing the Scheme.

Aged under 16

145

Aged 16

33

Aged 17

34

Aged 18

43

Aged 19

43

Aged 20

32

Aged 21

50

As I have already noted, the granting of the pension up until the age of 22 is contingent on the child attending full-time education. 48 eligible recipients reached age 22 in 2018, and thus had their pensions ceased.

I have no plans to extend the payment of children’s pension for those in full time education beyond the point of their 22nd birthday. However, I would bring to the Deputy's attention that in the case of permanent physical or mental incapacity, a child's pension may be continued for life if the incapacity occurred when the child was under 16, or under 22 while in full-time education or training.

Departmental Functions

Questions (145, 146)

Micheál Martin

Question:

145. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform his Department's role in the planned convention centre in Cork; if officials from his Department have attended meetings on same since it was announced; and if he will make a statement on the matter. [14828/19]

View answer

Micheál Martin

Question:

146. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the role his officials have had in the convention centre in Cork since it was first announced in 2014 in tabular form or otherwise; and if he will make a statement on the matter. [14856/19]

View answer

Written answers

I propose to take Questions Nos. 145 and 146 together.

While my Department sets the capital allocations for Departments and the delegated sanction arrangements under which Departments make their spending decisions, the actual roll-out of particular capital projects and programmes is, of course, managed by the individual line Departments and their agencies who are responsible for project and programme delivery.

While my officials have attended meetings on the Cork Event Centre, overall responsibility for the management and delivery of the project rests with Cork City Council, with Exchequer grant funding being administered through the Department of Culture, Heritage and the Gaeltacht.

I am advised by the Department of Culture, Heritage and the Gaeltacht that discussions are ongoing with Cork City Council about various elements of the project.

Public Appointments Service

Questions (147)

Colm Brophy

Question:

147. Deputy Colm Brophy asked the Minister for Public Expenditure and Reform the recruitment campaigns which will be run by the Public Appointments Service between 2 April 2019 to 31 December 2019; the nature of the appointments; the number of positions likely to be made available in tabular form; and if he will make a statement on the matter. [15035/19]

View answer

Written answers

As the Deputy will be aware the Public Appointments Service (PAS) is an independent, statutory body which provides professional recruitment and selection services to the Civil and Public Service.

PAS is a demand led service which advertises campaigns on an ongoing basis for a wide variety of roles according to the requirements of its clients in the Civil and Public service.

Coastal Protection

Questions (148)

Darragh O'Brien

Question:

148. Deputy Darragh O'Brien asked the Minister for Public Expenditure and Reform if all necessary financial assistance will be provided to Fingal County Council to tackle the alarming rate of coastal erosion that is occurring at The Burrow, Portrane, County Dublin; and if he will make a statement on the matter. [15172/19]

View answer

Written answers

I am advised that Fingal County Council is leading on this issue, as 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 2018, in response to serious coastal erosion problems at The Burrow, Portrane, Fingal County Council implemented temporary interim emergency measures to protect properties at risk. Funding of €456,464 was approved under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme for these works.

Consultants appointed by Fingal County Council are currently assessing options for a longer term permanent solution for the Portrane Peninsula. If a viable option is identified, Fingal County Council may submit a further application for funding to the OPW.

Coastal Erosion

Questions (149)

Darragh O'Brien

Question:

149. Deputy Darragh O'Brien asked the Minister for Public Expenditure and Reform the progress in the preparation of a national coastal erosion strategy and plan; and if he will make a statement on the matter. [15173/19]

View answer

Written answers

Strategic policy responsibility for the coast, including coastal erosion, is a matter for the Department of Housing, Planning and Local Government. Local Authorities are responsible for the management of the coastline, including response to coastal erosion risk within their administrative areas.

Public Sector Pay

Questions (150)

Michael McGrath

Question:

150. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the number of Labour Court recommendations that were outstanding when the public sector agreement was agreed to that have since been paid and or concluded in line with the Labour Court recommendation; if there is a definite date by which the remaining settlements in accordance with the Labour Court recommendations will be made; and if he will make a statement on the matter. [15326/19]

View answer

Written answers

The Public Service Stability Agreement 2018-2020 has as its main focus the phased unwinding of the FEMPI legislation.

However, the Agreement also contains a provision committing the Parties to an appropriate, time-bound process for addressing any outstanding adjudications, having due regard to the question of their continued validity and cost implications.

Agreement on a process to conclude this matter remains the subject of discussions and negotiation between the parties under the auspices of the PSSA Oversight Body.

Departmental Communications

Questions (151)

Micheál Martin

Question:

151. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if his Department has undertaken procurement processes in relation to consultancy agencies, media or otherwise, to assist it with formulating or contributing to policy messaging on social media or videos in terms of his departmental strategies or policies; and if he will make a statement on the matter. [15394/19]

View answer

Written answers

In relation to the services of Media Consultancy Agencies for social media purposes, I can confirm that my Department has not directly procured any such services nor drawn down any such services from the Office of Government Procurement’s Public Relations Framework.

Departmental Communications

Questions (152)

Micheál Martin

Question:

152. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the way in which his departmental officials have been contributing to and taking part in Government of Ireland social media messages; the way in which they are co-ordinated in each of the policy areas of his Department; the Department that is the lead Department in relation to same; and if he will make a statement on the matter. [15411/19]

View answer

Written answers

My Department's social media presence is managed primarily by the Department's Press Office. As such, the Press Office is sometimes asked to participate by sharing Government of Ireland campaign messages via the Department's Twitter account. A recent example of this is the ‘Getting Ireland Brexit Ready’ campaign, which is coordinated by the Department of an Taoiseach.

The Office of Government Procurement (OGP), which is a Division of my Department, has social media accounts on Twitter, LinkedIn and YouTube to provide information about the work of the Office of Government Procurement and to promote access to public procurement. The OGP’s social media accounts occasionally repost material from the main accounts of my Department and from other Departments in the Government of Ireland, where these are relevant to public procurement.

Official Languages Act

Questions (153)

Dara Calleary

Question:

153. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform if his Department has an operating language scheme in accordance with the Official Languages Act 2003; and the date when such a scheme was introduced. [15496/19]

View answer

Written answers

I can confirm to the Deputy that my Department operates a Language Scheme in accordance with the Official Languages Act 2003. The Scheme, which came into effect on 21 October 2015, was developed to set out a standard approach across my Department to fulfilling obligations in relation to the Irish language. I wish to advise the Deputy that the Language Scheme is currently under review by my Department.

Child Abuse

Questions (154)

Robert Troy

Question:

154. Deputy Robert Troy asked the Minister for Education and Skills the reason the decision to file away child abuse files for 75 years was taken. [14816/19]

View answer

Written answers

The recently published Retention of Records Bill is an important measure that will provide for the retention of the records of the Commission to Inquire into Child Abuse, the Residential Institutions Redress Board and the Residential Institutions Redress Review Committee.

I believe that the retention of these records is essential to ensure that we as a people never forget the abuse that was perpetrated against innocent children in institutions and that future generations can be made aware of and understand what took place.

The existing legislation for the three redress bodies contains strict confidentiality provisions, including the related provisions that the bulk of their records would be destroyed at the time of the dissolution of the bodies.

The Retention of Records Bill is first of all designed to ensure that these records are not destroyed but are retained intact. For this approach to be sustainable, due consideration has to be given to the assurances of confidentiality, set down in legislation, to all those who gave testimony or engaged with the bodies in any way based on the assurance of confidentiality, balanced with the wider public interest of retaining the records for posterity and eventually opening them to public inspection. The provisions of the Bill in regard to a lengthy retention period reflect the need to strike that balance.

SOLAS Staff

Questions (155)

Tony McLoughlin

Question:

155. Deputy Tony McLoughlin asked the Minister for Education and Skills if the delays in resolving the discrepancy between pay scales for former FÁS employees who transferred to SOLAS while legislation was being enacted and who subsequently transferred to ETBs will be investigated (details supplied); and if he will make a statement on the matter. [14879/19]

View answer

Written answers

SOLAS staff who transferred to ETBs retained their existing salary scales on transfer.  Union representatives have submitted a claim under normal industrial relations procedures in respect of certain grades, and this is being examined by my Department.

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