Tuesday, 21 Jul 2020

Written Answers Nos. 25-45

Flood Relief Schemes

Questions (25)

Aindrias Moynihan

Question:

25. Deputy Aindrias Moynihan asked the Minister for Public Expenditure and Reform the status of flood protection works at Ballyvourney and the flood relief scheme for Ballymakeera, County Cork. [16812/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I am advised by the Commissioners of Public Works that the Ballyvourney and Ballymakeera flood relief scheme is currently at outline design stage. The preferred options of the scheme are now nearing finalisation.

My Office is aware of the ‘high’ water quality status of the respective water body in the area around Baile Mhic Ire and Baile Bhuirne. The Project Team is currently assessing the potential impact of any proposed flood relief measures in that respect, and engaging with the Project’s Environmental Consultants in order to ensure that suitable mitigation requirements are implemented, and appropriate processes to comply with statutory provisions are followed. This is obviously an important consideration, and resolving some outstanding issues is taking longer than had previously been envisaged. Nonetheless, it is hoped that the scheme can progress to Public Exhibition within the coming months.

When these considerations have been successfully finalised and provided the proposals are broadly accepted by the public and the stakeholders and the scheme is technically, environmentally and economically viable the scheme will proceed to detailed design stage and formal Confirmation by the Minister for Public Expenditure and Reform under the Arterial Drainage Acts 1945 and 1995 following which construction can commence.

Work commenced on the development of the flood relief scheme for Ballymakeera/Ballyvourney following recent severe floods and the conclusions of the Lee CFRAM study commissioned by my Office, which included an investigation on the flood risk associated within the village.

The main sources of flooding along the River Sullane arise when the capacity of the river channel itself is exceeded, along with the three tributaries to the north of the village, including a storm network, which can independently cause flooding through the gullies and overland flow.

As with all schemes, a site investigation was completed to assist in determining the preferred options and in order to develop accurate costings for the project. Among the environmental considerations that have presented, the presence of freshwater pearl mussels necessitated an additional survey and a proposal to the Department of Culture, Heritage and the Gaeltacht for translocation, which has been subsequently approved.

My Office held a Public Information Day in Ballymakeera in March 2018, where the relevant stakeholders and members of the public were invited to provide feedback on the emerging preferred option. This is an important element in the development of a scheme as local knowledge can provide valuable background information for the scheme.

As the Ballymakeera Study Area has notable environmental and fisheries’ sensitivities, it is essential that the environmental screening of a range of options is considered carefully, having regard to sensitive environmental constraints in the area. This necessitated the preparation of a Construction Environmental Management Plan (CEMP) and an Operation and Maintenance Plan, which, in line with legislation, need to be completed prior to the finalisation of the Environmental Impact Assessment Report (EIAR). My Office engaged engineering consultants, Byrne Looby, to finalise scheme drawings for this purpose. Once these are complete, the environmental consultants, RPS, can then finalise the EIAR. This overall process has taken slightly longer than anticipated and, accordingly, a Public Exhibition of the preferred scheme is now expected to take place later this year. This will give the community an opportunity to examine and provide formal comments and observations over a four-week period.

In the interim, Cork County Council has been approved funding under the OPW’s Minor Flood Mitigation Works and Coastal Protection scheme an additional €187,248 in October 2018 for the provision of temporary flood defence measures including a sand bag defence structure, two non-return valves at existing drainage outfalls and pumping sumps to allow over pumping during flood events. Final approval for a Part 8 planning application is currently being progressed by Cork County Council, and following this approval, works will then commence.

A Preliminary Invasive Alien Species Management Plan (IASMP) was prepared for the Scheme identified the presence of invasive species around or close to the works area of the FRS, including Giant Knotweed, Japanese Knotweed and Himalayan Knotweed. Cork County Council has appointed Japanese Knotweed Ireland to undertake the planned treatment of these species in the immediate vicinity of the proposed works, and have confirmed that a second round of treatment of knotweed was completed in September 2019.

My Office continues to liaise with Cork County Council and local representatives and all stakeholders are very committed to progressing this Scheme.

The flood relief scheme will be funded from within the allocated €1 billion for flood risk management over the period 2018-2027. Provision for the cost of the Scheme is included in the Office of Public Works' multi annual capital allocation.

Flood Relief Schemes

Questions (26)

Cathal Crowe

Question:

26. Deputy Cathal Crowe asked the Minister for Public Expenditure and Reform the status of flood protection works at Springfield, Clonlara, County Clare. [16809/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

Clare County Council (CCC) is the contracting authority in relation to the proposed flood relief scheme in Springfield/Clonlara, with funding provided by the Office of Public Works (OPW). The current position is as follows:

The engineering design consultants have finalised the Stage I options report and updated the planning report for the scheme in light of updated survey information and consultations with relevant stakeholders and with CCC and the OPW. The flood waters in the area receded in early April and this enabled completion of the onsite inspection and walkover survey required to finalise the Environmental Assessment and report. Planning drawings have also been finalised recently.

CCC has been in contact with land owners affected by the proposals and has consulted with local residents. The Council has indicated that it will shortly submit the proposed scheme for planning approval to An Bord Pleanála to carry out the proposed development, to which end, a notice will appear in the newspaper shortly.

A Natura Impact Statement, along with an Environmental Impact Assessment Report (EIAR) Screening has been prepared in respect of the proposed development. The Board may give approval to the application for development with or without conditions or may refuse the application for development. A copy of the Natura Impact Statement and plans and particulars relating to the application may be inspected free of charge at the offices of Roads section, Clare County Council, Áras Chontae an Chláir, New Road, Ennis, Co. Clare after publication of the notice. It is envisaged that work will continue on the detailed design during the planning process.

Departmental Expenditure

Questions (27)

Pearse Doherty

Question:

27. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the total value of additional expenditure across each Department with reference to the Revised Estimates published on 18 December 2019; the additional expenditure anticipated with reference to those estimates for 2020; and if he will make a statement on the matter. [16862/20]

Written answers

Minister for Public Expenditure and Reform

An allocation of €70.4 billion in gross voted expenditure was set out in the 2020 Revised Estimate of Public Service published last December. Taking into account the additional expenditure agreed by the Dáil, the revised Government Expenditure Ceiling now stands at €79.7 billion. This includes an additional €6.8 billion for the Department of Employment Affairs and Social Protection, nearly €2 billion for the Department of Health and €483 million for the Department of Business, Enterprise and Innovation.

Not included in these allocations are a number of measures announced by the Government in response to the Covid-19 crisis. These include in particular the decisions in relation to extending the Pandemic Unemployment Payment and the Temporary Wage Subsidy Scheme to August and the provision of additional funding for the Department of Transport in relation to the Public Service Obligation. Accounting for these and decisions in a number of other policy areas in response to Covid-19, the overall increase relative to the allocations set out in REV 2020 is almost €12 billion.

In addition to this, in order to support the economy as businesses and society reopen, further supports are to be announced as part of the July Stimulus plan. The plan includes a number of measures to provide additional targeted supports to stimulate activity across the economy, assist firms and support employment.

Looking forward, in addition to the costs outlined above, funding is also to be set aside to support key sectors including Health, Schools, Third Level and Justice taking account of challenges arising from Covid-19. This funding will be allocated later in the year.

Upon the formation of this Government a number of reconfigurations of Government Departments were announced. Work is underway within my Department to finalise these transfers of functions. Restated Estimates will be presented to the Dail in due course upon the completion of this work that will set out revised allocations reflecting the new Departmental structures and decisions in relation to additional funding to respond to Covid-19, including that set out in the July stimulus.

Question No. 28 answered with Question No. 21.

Community Employment Schemes

Questions (29)

Martin Browne

Question:

29. Deputy Martin Browne asked the Minister for Public Expenditure and Reform his views on a Labour Court recommendation that the State should put in place an occupational pension arrangement for community employment scheme supervisors; his plans to give effect to the recommendation; his further plans to engage with the sector and unions on the matter; and if he will make a statement on the matter. [16802/20]

Written answers

Minister for Public Expenditure and Reform

As a newly appointed Minister, I intend to give careful consideration to this issue and I will meet directly with the relevant stakeholders in the period ahead.

I have a strong appreciation of the role of Community Employment Schemes in communities right across country and I know this role could not be fulfilled without the leadership of the Scheme Supervisors.

I am aware that the matter raised by the Deputy is a complex one that raises significant policy, legal and exchequer cost issues. I note the Labour Court recommendation from 2008. I have been advised by my officials that the State is not the employer of the workers concerned. I understand that this matter was discussed extensively at discussions of the Community Sector High Level Forum between public service management, which included inter alia officials from my Department, and union representatives a number of years ago. My Department carried out a detailed scoping exercise in 2017 in order to comprehensively examine and assess the full potential implications, in both cost and precedent terms, of the issues involved. The outcome to the scoping exercise was that the matter has potentially very significant implications for the Exchequer, particularly if consequential demands were to be made by all similar State funded Community and Voluntary organisations whose employees are in a similar position to the Community Employment scheme supervisors.

This is a factor which must be borne in mind in our approach to this issue. While CE supervisors and assistant supervisors represent a small part of the wider community and voluntary sector, consideration must be taken for the potential liability to the State if similar claims are made by the many workers in the broader community and voluntary sector.

As the Deputy will appreciate, we are now facing huge challenges in managing the public finances. However, I intend to consider all the issues involved and will engage constructively with the relevant stakeholders.

Flood Relief Schemes

Questions (30)

Alan Dillon

Question:

30. Deputy Alan Dillon asked the Minister for Public Expenditure and Reform the status of progress of a flood relief scheme for Crossmolina, County Mayo; and his plans to review and expedite this timeline in view of the ongoing flood threat to the residents of the town. [16635/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The proposed flood relief scheme for Crossmolina, Co. Mayo is progressing broadly in line with the current programme. Some delay has been experienced in recent months due to the consultants being unable to carry out the final environmental surveys during the nationwide Covid-19 shutdown. To minimise these delays, the project team worked to progress all other tasks that could be safely carried out, such as desk studies, and continuing work on the preparation of documentation that will be submitted to the Minister for Public Expenditure and Reform (MPER) for formal Confirmation of the scheme under the Arterial Drainage Act, 1945

Since the easing of the Covid-19 restrictions, the consultants have carried out the final elements of the environmental surveys and the project team is now in the process of finalising the documentation for the Confirmation process. It is anticipated that the scheme will be submitted to MPER in Quarter 3 of this year.

Once submitted for Confirmation, the Minister will carry out an Environmental Impact Assessment as he is required to do which will involve an independent review of the Environmental Impact Assessment Report submitted with the scheme and the holding of a public consultation on the scheme. If the Minister Confirms the proposed scheme, the next stage in the process will be completion of the detailed design and the tender documents for the procurement of some specialist works contractors. It is planned that the main scheme works will be carried out by the OPW's direct labour force.

In order to expedite this timeline, the project team will commence the preparation of the tender documents in parallel with the Confirmation process. While some amendments to the tender documents may be required following the Confirmation process, it should be possible to progress with the procurement of contractors as soon as possible following Confirmation.

I wish to assure you that I am very aware of the concerns of the residents and businesses of Crossmolina to have protection from flooding without further delays. The provision of effective flood defences to Crossmolina is a priority for me and for the Government. We want to ensure that the scheme that is built is technically and environmentally sound. I know that the OPW, Mayo County Council, and the scheme consultants have worked extremely hard to advance the scheme in what has been a complex environmental situation.

Flood Prevention Measures

Questions (31)

James Browne

Question:

31. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding a scheme (details supplied) in County Wexford; and if he will make a statement on the matter. [16496/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Enniscorthy (River Slaney) flood defence scheme is being progressed by Wexford County Council on behalf of the Commissioners of Public Works as a scheme under the Arterial Drainage Acts 1945 and 1995. This is a significant scheme within the Office of Public Works €1 billion flood relief investment programme, and on completion will protect 236 properties in the town.

The Scheme requires formal Confirmation to proceed from the Minister for Public Expenditure and Reform (MPER). This is a statutory requirement under the Arterial Drainage Acts, which now, under the recent European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019, also requires the MPER to carry out an Environmental Impact Assessment (EIA) of the proposed Scheme. This will involve, inter alia, a formal review by MPER of the Environmental Impact Assessment Report (EIAR) prepared by the Commissioners and recently submitted (along with a Natura Impact Statement) to the MPER as part of the formal Confirmation process.

In order to assist the MPER in making an informed decision to consent to the scheme, the EIA will require appropriate assessment, as required under the 2019 regulations, public consultation for a period of 30 days and a detailed technical review of the scheme by environmental consultants appointed by the MPER. I am advised that the current position on the Confirmation process is that a request for tender of services for environmental consultants is currently being progressed by the Department of Public Expenditure and Reform (DPER).

The public consultation phase is also due to be commenced by DPER shortly. DPER will progress the formal Confirmation process, having due regard to the detailed requirements of the 2019 regulations.

It is not possible at this point in the process to give specific dates for commencement of works given that there is always a possibility that further information and/or revision of the scheme’s design may be required, as provided for under the Confirmation process. It should be noted that DPER is also progressing Confirmation of two other significant flood defence schemes for the Glashaboy and Bride Rivers in Co. Cork, both of which were submitted prior to the Enniscorthy scheme.

Public Procurement Contracts

Questions (32)

Gerald Nash

Question:

32. Deputy Ged Nash asked the Minister for Public Expenditure and Reform if the payment of a living wage and recognition of the industrial relations infrastructure of the State will be included as part of social policy objectives pertaining to public procurement; and if he will make a statement on the matter. [16822/20]

Written answers

Minister for Public Expenditure and Reform

Public Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. Discrimination against particular candidates on grounds such as nationality, organisational size or remuneration where such remuneration has not be provided for in national legislation could be considered in breach of the EU Procurement Regulations. There are legal remedies which may be used against any public body infringing the procurement rules.

Specifically, EU Regulations require tenderers to be compliant with relevant employment law in order to participate in a public procurement process. The Directives make it clear that non-compliance with the relevant obligations may lead to exclusion of a tenderer from the procedure for the awarding of a public contract. The obligations on suppliers in relation to compliance with employment law are reflected in the suite of tender documentation for goods and services developed by the Office of Government Procurement in conjunction with the Office of the Chief State Solicitor.

In relation to the inclusion of the living wage in public contracts, there is no legal basis in Irish law or national agreements to make this a requirement on suppliers who wish to engage in public tendering. In addition, at EU level, any attempt to set wage rates through public procurement is also likely be viewed as discriminatory and in breach of the EU Treaty principles and the EU Procurement Directives. Wage rates which have a legal underpinning, of course, apply to all contracts, public and private.

Ministerial Advisers

Questions (33)

Gerald Nash

Question:

33. Deputy Ged Nash asked the Minister for Public Expenditure and Reform the number of special advisers to be engaged by the Taoiseach, the Tánaiste and the Minister for Climate Action, Communications Networks and Transport; the estimated annual level of funding to be allocated to each Department in terms of the engagement of such advisers; and if he will make a statement on the matter. [16818/20]

Written answers

Minister for Public Expenditure and Reform

On the commencement of every Dáil, the Department of Public Expenditure and Reform issues guidelines setting out the arrangements for the staffing of Ministerial Offices. The Guidelines for the 33rd Dáil are currently awaiting Government approval.

Appointments to the position of Special Adviser are made in accordance with Section 11 of the Public Service Management Act 1997 which states that the Government may by Order, appoint Special Advisers to the Minister or Minister of State who is assigned to a Department or to a Scheduled Office provided that the number of Special Advisers shall not in the case of a Minister (other than the Taoiseach or the Tánaiste or the leader of a political party registered in the Register of Political Parties) be greater than 2, in the case of a Minister of State who regularly attends meetings of the Government be greater than 2, and in the case of any other Minster of State be greater than 1.

All appointments to the position of Special Adviser require a Government Order to be made.

Special Advisers to Ministers and Ministers of State who regularly attend Cabinet are to be placed on the Principal Officer (Standard) PPC scale: currently €87,325 - €101,114.

Special Advisers to Ministers of State are to be placed on the Assistant Principal Officer (Standard) PPC scale: currently €67,659 - €78,816

While appointments should normally be on the first point of the scale, Secretaries General have delegated sanction to approve any increment on the scale where they are satisfied that this is justified. The Department of Public Expenditure and Reform will publish the rates payable on its website.

The above restrictions on salary scale do not apply to Special Advisers to the Taoiseach or Tánaiste. The individual pay rates will also be published on the website.

At this stage no Special Advisers have been formally appointed by the Government, this process will start once the Guidelines have been approved by Government and details will be published on the DPER website.

National Monuments

Questions (34)

Cormac Devlin

Question:

34. Deputy Cormac Devlin asked the Minister for Public Expenditure and Reform the expenditure and maintenance by the OPW of the Monkstown Castle (details supplied). [16983/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

Monkstown Castle is a National Monument in the ownership of the State and under the management of the Office of Public Works. Located in south County Dublin, it is considered that the structure is in good condition. Maintenance is undertaken by the direct workforce from the Trim National Monuments Depot.

Apart from conservation works that might be required from time to time at sites, the bulk of Depot activity, such as that at carried out at Monkstown Castle, consists of general light maintenance. This would include grass cutting, removal of weed growth and clearing of any litter or other debris. This type of activity constitutes a considerable percentage of the work undertaken by the Depot. As such, the cost per site involved is recorded as an overall cost and not on a site-by-site basis. Regrettably, the Office of Public Works is not in a position to provide the information requested.

Public Procurement Contracts

Questions (35)

Gerald Nash

Question:

35. Deputy Ged Nash asked the Minister for Public Expenditure and Reform the level of procurement leakage; his plans to develop and implement a procurement sourcing strategy across Government that would reduce the high level of procurement leakage to the EU average; his further plans to increase the proportion of tenders divided into lots to support SMEs; and if he will make a statement on the matter. [16820/20]

Written answers

Minister for Public Expenditure and Reform

Strategic public procurement can play a key role in responding to societal, environmental and economic challenges. Consequently, the inclusion of strategic public policy considerations in procurement processes is a key feature of the Programme for Government. Therefore, my Department is focused on ensuring that public procurement affords opportunities for SMEs to benefit from the significant tender opportunities carried out each year across the public service.

Specifically, the Office of Government Procurement (OGP) has developed a suite of policy measures aimed at assisting SMEs to access public procurement opportunities (implemented through Circular 10/14). These include:

- Proportionate financial capacity criterion (turnover requirements limited to twice the contract value);

- Contracting authorities are encouraged to divide public contracts into lots;

- Provision for “consortia bidding” to assist SMEs participating in procurement procedures where they would not have the relevant capability or scale; and

- Public bodies are required to advertise contracts for goods and services valued above €25,000 on the national eTenders portal.

In addition, the SME Advisory Group which is comprised of representatives from ISME, IBEC, SFA, Chambers Ireland, and CIF, and meets on a quarterly basis to ensure that SMEs have a platform to assist in the development of procurement policy and practice. Communication is a key factor in encouraging SMEs to engage in public procurement processes. To this end, the OGP established a sub-group of the SME Advisory Group to deal with this area. This group further promotes awareness of potential opportunities and supports available for SMEs in tendering for public contracts.

Similarly, the OGP proactively engages with the Department of Business, Enterprise and Innovation and development agencies to promote SME access to public procurement. The OGP participates at promotional events held across the country which are designed to help SMEs.

The most recent Public Service Spend and Tendering Analysis Report for 2017 published last December involved an analysis of €4.912 billion expenditure across 71 public service bodies. The report indicates that 94% of the analysed expenditure is with firms within the State and 54% is with SMEs unchanged from 2016 and up from 52% in 2015. This report also analyses 2017 tendering activity in the public service as recorded on the eTenders public procurement platform. That analysis shows that 75% of tender notices are smaller value (below OJEU threshold) tenders. The median (typical) estimated contract values for tenders analysed in 2017 is €90,000 and is less than or equal to €100,000 in 14 of the 16 spend categories. This indicates that Government contracts in Ireland are accessible to SMEs given the low median size of estimated contract values.

This is an important issue for Government and the OGP will continue to proactively engage with business to enhance the significant measures already in place to support SME access to public procurement opportunities.

Public Procurement Contracts

Questions (36)

Richard Bruton

Question:

36. Deputy Richard Bruton asked the Minister for Public Expenditure and Reform the steps he has taken to conduct an audit of public procurement to identify the extent to which it can demonstrate the integration of environmental sustainability into each category of procurement; his plans to set requirements immediately in areas such as vehicle and equipment procurement, heating, lighting and power options and controls, building materials and waste management; and his further plans to introduce accurate monitoring across each State body. [16498/20]

Written answers

Minister for Public Expenditure and Reform

The inclusion of strategic, green and social policy considerations in procurement processes is a key feature of the Programme for Government.

The Department of Public Expenditure and Reform and the Department of Communications, Climate Action and Environment, developed Circular 20/2019: Promoting the use of Environmental and Social Considerations in Public Procurement.

The Circular highlights the potential for Departments to deliver wider social and environmental aims through public procurement. The circular provides a clear signal of the direction of travel towards greener public procurement.

The Circular requires Departments to incorporate relevant green procurement measures into their planning and reporting cycles, with reporting arrangements due to commence this year. The Annual Report template will be made available in 2020, by the Department of Communications, Climate Action and Environment

Further actions taken by the Office of Government Procurement in this area include; the publication of an Information Note on Incorporating Social Considerations into Public Procurement in December 2018, the establishment of a cross-departmental Social Considerations Advisory Group to advance work in this area, and the inclusion of green elements in a number of OGP framework agreements.

While it is for each Department’s policy unit to develop clear, verifiable and measurable criteria to advance green and social objectives, the OGP will facilitate the inclusion of these in the development of its frameworks and through its guidance materials.

Minister of State Smyth and I have met with the Chief Procurement Officer, and, along with my colleagues in Government, will be considering how best to implement commitments in the Programme for Government.

Among the measures taken by the OGP to integrate environmental sustainability are;

Electricity

The Government target is for the use of 33% renewable energy. The OGP have exceeded this target and currently source up to 45% green electricity for its clients.

Managed Print Services (MPS)

Clients with MPS have less devices, print double sided by default and generally have reduced print outputs. Environmental benefits include; reduced energy and paper usage, lower maintenance and fewer deliveries of consumables.

Fleet

Whole life costings are taken into account, including factors such as; emissions, mileage, and service costs. Price analysis is based on the best overall whole life cost.

OGP is currently in the market for battery electric vans and, later this month, goes to market for battery electric cars.

ICT

Competitions conducted under OGP frameworks can use a weighting range of between 5% and 20%, for factors such as; energy effectiveness, recycling, Energy Star ratings, cooling requirements, WEEE scheme and rated power usage.

Flood Relief Schemes

Questions (37)

Jennifer Murnane O'Connor

Question:

37. Deputy Jennifer Murnane O'Connor asked the Minister for Public Expenditure and Reform the status of the development of a flood relief scheme on the border of counties Carlow and Kilkenny. [16804/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

There is currently in place a joint Kilkenny County Council and OPW steering group for delivery of all flood relief schemes in County Kilkenny.

Consultants were appointed in March, 2020 to identify a flood relief scheme that is technically, socially, environmentally and economically acceptable, to alleviate the risk of flooding to the Community of Graiguenamanagh/Tinnahinch. The Graiguenamanagh/Tinnahinch Flood Relief Scheme is currently at Stage 1 “Scheme Development and Preliminary Design”.

Due to Covid-19 restrictions a virtual Public Consultation Day was hosted by Kilkenny County Council on the 18th June, 2020 with a closing date for submissions by 9th July, 2020.

A Project Website has been developed and will be updated as the project progresses.

The proposed measures for Graiguenamanagh/Tinnahinch consist of building hard defences with ‘at–risk’ properties being protected by a series of embankments and walls, sheet piled where necessary and set back where possible from the river channel. Detailed project level design, Planning, Environmental Impact Assessment and project-level Habitats Directive (‘Appropriate’) Assessment must be undertaken in accordance with the relevant legislation as part of the progression of these proposed measures.

Public Procurement Contracts

Questions (38)

Denis Naughten

Question:

38. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform if green procurement will be incorporated into the public procurement code; and if he will make a statement on the matter. [16824/20]

Written answers

Minister for Public Expenditure and Reform

Strategic public procurement can play a key role in responding to societal, environmental and economic challenges and, as such, the inclusion of strategic public policy considerations in procurement processes is a key feature of the Programme for Government.

The Office of Government Procurement (OGP) has been actively engaged and proactive on the issue of green procurement. In this regard the OGP developed Circular 20/2019: Promoting the use of Environmental and Social Considerations in Public Procurement. This Circular, which was published by the Department of Public expenditure and Reform, highlights the potential for Departments to deliver wider social and environmental aims through public procurement including green criteria, employment and training opportunities for disadvantaged groups, disability access, promoting social inclusion and social enterprises. The Circular, a commitment under the Climate Action Plan, provided a clear signal of the direction of travel.

The Circular requires Departments to incorporate relevant green procurement measures into their planning and reporting cycles. I understand that reporting arrangements are due to commence this year with each Department reporting annually on progress in relation to Green Public Procurement. The Annual Report template with an accompanying guidance note is due to be made available in 2020 by the Department of Climate Action, Communications Networks and Transport.

The Circular was the latest in a series of measures following publication of the Information Note on Incorporating Social Considerations into Public Procurement in December 2018. The Information Note assists policy makers and practitioners in understanding how public procurement can be used to facilitate the advancement of wider public policy issues.

The OGP also established the cross Departmental Social Considerations Advisory Group in March 2019, bringing together officials from policy Departments with procurement practitioners to share best practice and to facilitate the process of incorporating social and environmental considerations into public procurement. In addition to the work of the Social Considerations Advisory Group, the OGP works with Government Departments, when putting new central arrangements in place, to ensure that appropriate regard is taken for sustainability criteria.

The OGP's role is to facilitate the inclusion of such environmental and social considerations in its frameworks or through the development of guidance. Ultimately, it a matter for Departments to balance the cost and benefits and any impact of service provision before making any procurement decision.

I, along with my colleagues in Government, will be considering how best to implement the commitments in the Programme for Government.

Flood Relief Schemes

Questions (39)

Pádraig O'Sullivan

Question:

39. Deputy Pádraig O'Sullivan asked the Minister for Public Expenditure and Reform the timeline for the resumption of the Glashaboy flood relief scheme, Glanmire, County Cork; the details of the latest delay; the estimated timeline for the resumption and completion of works; and if he will make a statement on the matter. [17026/20]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I am advised that the Glashaboy Flood Relief Scheme has been submitted by the Office of Public Works, under the provisions of the Arterial Drainage Acts, accompanied by an Environmental Impact Assessment Report (EIAR) and Natura Impact Statement (NIS), to the Minister for Public Expenditure and Reform for formal Confirmation.

Arising from of the European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019, which were published in Iris Oifigiúl on 27 September 2019, the Minister for Public Expenditure and Reform has undertaken an environmental assessment of the proposed scheme in line with required legislative requirements. This involved an independent assessment of the EIAR / NIS and a public consultation process.

On the 5 May 2020, the Office of Public Works received correspondence from the Department of Public Expenditure and Reform that the independent assessment is now complete. This correspondence has requested, pursuant to section 7(B) sub-section 4 of the 2019 European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations, certain items of further information that are required to complete the process. My Office is currently preparing the additional information requested - which generally relates to further detail on the processes followed and assessments undertaken in developing the scheme - to be submitted to the Department in order that the assessment can be completed and the scheme confirmed by the Minister for Public Expenditure and Reform. This information is currently scheduled to be provided to the Department no later than October 2020.

The procurement and appointment of a Contractor will be progressed for this scheme following formal Ministerial Confirmation. The flood relief scheme will be funded from within the allocated €1 billion for flood risk management over the period 2018-2027. Provision for the cost of the Scheme is included in the Office of Public Works' multi annual capital allocation.

OPW is committed to funding this project and attends monthly steering meetings to offer every assistance to Cork City Council to ensure a contractor is engaged, and the works commence, as soon as possible.

Budget Process

Questions (40)

Richard Bruton

Question:

40. Deputy Richard Bruton asked the Minister for Public Expenditure and Reform his plans to structure the service improvement and reform plans across each Department. [16499/20]

Written answers

Minister for Public Expenditure and Reform

Over the last number of years, a range of reforms have been implemented in order to enhance Ireland’s budgetary framework. A key aim of these reforms is to increase transparency around the budgetary process and to facilitate greater meaningful engagement on key elements of the Budget and on what is being achieved with public funds.

A central part of these reforms is the ‘whole-of-year’ budgetary framework. Rather than focusing budget discussions only around Budget Day, this refers to an ongoing consideration of budgetary priorities, alongside the publication of a range of documents to enhance engagement throughout the year.

Greater emphasis has also been placed on improving and supporting the evaluation capacity of Government Departments in recent years. This has led to the development of a number of additional processes and reports to support the budgetary framework. This includes:

- Performance Budgeting - A key objective of the Performance Budgeting Initiative is to shift the focus away from the quantum of spend and towards outputs and impacts. The Public Service Performance Report presents performance information in an accessible manner and aims to facilitate discussion around what is being delivered with public funds and how this impacts the citizen.

- Equality Budgeting – Equality budgeting involves providing greater information on the likely impacts of proposed and/or ongoing budgetary measures, which, in turn, enhances the potential to better facilitate the integration of equality concerns into the budgetary process. An OECD "Policy Scan" Report on Equality Budgeting was completed in 2019, and was published on Budget Day in October last, setting out a number of ambitious objectives to progress this aspect of the budgetary reform agenda.

- Spending Review - This process aims to place evidence at the heart of policy making, by systematically examining existing spending programmes with a view to assessing their efficiency and effectiveness. This approach can support the re-allocation of funding to meet expenditure priorities.

The Programme for Government commits to continuing reform and improvement of the Budgetary process and proposes that each Minister will be required to produce service improvement and reform plans in conjunction with my Department, within an overall context of an enhanced focus across Government on issues of well-being. In implementing this reform, my Department will look to build on the budgetary reforms already in place and the significant work on public service reform already completed.

Public Procurement Contracts

Questions (41)

Gerald Nash

Question:

41. Deputy Ged Nash asked the Minister for Public Expenditure and Reform his plans to ensure public procurement supply chains do not include instances of labour exploitation such as breaches of employment regulation orders, cases of child labour and so on; and if he will make a statement on the matter. [16821/20]

Written answers

Minister for Public Expenditure and Reform

Public procurement is the acquisition, whether under formal contract or otherwise, of works, supplies and services by public bodies. National rules governing public procurement must comply with the relevant EU, WTO and national legal requirements and obligations. Under EU law, public contracts above a certain value must be advertised EU-wide and awarded to the most competitive tender in an open and objective process. The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

In this regard, public procurement rules include provisions that allow Member States to require a contractor to comply with EU and National legislation on the protection of labour rights. As a consequence, public procurement procedures require applicants to meet certain standards when applying for public contracts and applicants are required to make declarations in relation to their financial standing, their legal standing and in relation to payment of taxes and social contributions. They must also be compliant with relevant employment law. These requirements are set out in the template documents used in tendering for goods and services which have been developed by the Office of Government Procurement in conjunction with the Office of the Attorney General and the Chief State Solicitor’s Office.

The management of a tendering process for a public contract is a matter for each contracting authority. It is the responsibility of each contracting authority to assess that tenderers comply with all the requirements of the process.

In relation to Works contracts, once awarded, the conditions of the Public Works Contracts require the contractor to certify compliance with employment law, to maintain records of all those employed on the site, regardless of whether they are employees of the contractor or their subcontractors, and the hours worked by them. Where requested, the contractor must also provide details of the payments made to those employed on the site. Where the contractor fails to comply with their obligations under the contract or employment law, deductions may be made from payments due under the contract until the situation is rectified.

It is important to note that employment law and its enforcement, in both public and private contracts, is a matter for the relevant State authorities, including the Workplace Relations Commission and the Departments of Business, Enterprise and Innovation and Employment Affairs and Social Protection.

Covid-19 Pandemic

Questions (42, 43, 44, 45, 50)

James Lawless

Question:

42. Deputy James Lawless asked the Taoiseach if Bermuda will be included on the green list of countries for approved and simplified travel arrangements in view of the significant containment of the disease on the island, the number of Irish citizens working in professional services there and their confinement for the past number of months. [16575/20]

Paul McAuliffe

Question:

43. Deputy Paul McAuliffe asked the Taoiseach his plans to limit travel here from countries with a high rate of Covid-19 transmission. [16597/20]

James O'Connor

Question:

44. Deputy James O'Connor asked the Taoiseach his views on a temporary domestic ban on passengers from the United States of America to ensure adherence to Covid-19 prevention measures. [16645/20]

Emer Higgins

Question:

45. Deputy Emer Higgins asked the Taoiseach his plans to place further restrictions on tourists travelling here from regions with a high incidence of Covid-19. [17191/20]

Christopher O'Sullivan

Question:

50. Deputy Christopher O'Sullivan asked the Taoiseach if stricter quarantine measures or further restrictions on flights from areas with high infection rates of Covid-19 are being considered (details supplied). [17051/20]

Written answers

Deputy Micheál Martin

The current public health advice is to avoid non-essential overseas travel and to holiday at home this summer.

Coronavirus is still spreading around the world. Many countries are seeing the number of infections increase again. In Ireland, the NPHET recently emphasised its growing concern regarding the following:-

· The increase in case numbers of this disease currently being reported in the community and a number of large clusters that have emerged in recent weeks;

· The R number is likely now to have exceeded 1, with the best estimate in the range of 1.2 and 1.8;

· The deteriorating international epidemiological situation and international experience which shows that effectiveness of disease suppression following the easing of public health measures by countries is precarious;

· The risk of imported cases due to the current ongoing increase in overseas travel.

A list of countries that are safer to travel to is under consideration by Government. Government agreed an approach to how the list would be determined broadly based on the epidemiology of the virus in that country. Further information will be available after Government has considered the matter [this evening].

The current advice is that anyone travelling to Ireland should restrict their movements for 14 days, on entering the country. This includes: Irish citizens coming home; people with no symptoms; and people who have tested negative for the virus in another country. This means staying at home and avoiding contact with other people and social situations as much as possible. You should not use public transport, visit others, meet face-to-face with anyone who is at higher risk from coronavirus or go to the shop unless absolutely necessary (wearing a face covering if you do).

By law, anyone arriving in Ireland from any country will need to fill in a form called the COVID-19 Passenger Locator Form. The Form will be used to facilitate a system of follow up checks to make sure people who travel to the country are staying where they said that they would. The Form will also ensure more accurate and expeditious contact tracing, should there be a suspected or confirmed case on a flight or ferry coming into Ireland.

Regarding restrictions on persons coming into the country, there are no proposals to implement a blanket ban on travel. We need to keep airports and travel routes open. Ireland depends on ports and airports for supply chains and connectivity bringing food, medicines and other products to Ireland which are critical to our health and for economic activity. Furthermore, some people need to travel for essential reasons. This includes: for essential work; to care for family members abroad; or to return home.

However, work is underway on a number of further travel related initiatives to reinforce public health measures, including:

· There is to be an increased presence of staff at ports and airports to make incoming passengers aware of their obligations including restriction of movement for 14 days.

· Work is under way to move the passenger locator form online

· Sectoral Protocols and Procedures

Further measures remain under consideration.