Wednesday, 21 Apr 2021

Written Answers Nos. 537-556

Appointments to State Boards

Questions (537)

John McGuinness

Question:

537. Deputy John McGuinness asked the Minister for Finance the efforts his Department is making to achieve gender balance on all State boards and agencies under the remit of his Department; if he will set out the changes achieved to date on each; if 50% of the membership of all boards, policy groups or agencies that provide advice to Government on matters of policy will be reserved for appropriately qualified individuals from the private sector in order to achieve a balance between the public and private sectors; and if he will make a statement on the matter. [20725/21]

Written answers

Minister for Finance

The State Boards under the remit of my Department are the Central Bank Commission, the Credit Union Restructuring Board, the Financial Services and Pensions Ombudsman, Home Building Finance Ireland, the Irish Fiscal Advisory Council, the National Asset Management Agency, the National Treasury Management Agency and the Strategic Banking Corporation of Ireland.

It should be noted that having concluded its restructuring work in 2017, the Credit Union Restructuring Board (ReBo) was operationally wound down in 2017 and is awaiting formal dissolution. While awaiting the final dissolution, the Minister for Finance appointed two Department officials to the Board of ReBo from 1 August 2017 on an interim basis to manage matters during the period up to dissolution of ReBo. The Central Bank non-voting member also remains on the Board. This caretaker Board will remain in place until such time that ReBo is dissolved.

The State Boards under my remit continue to make progress in enhancing gender equality. As Board roles come up for renewal and or replacement, gender balance is a key consideration when assessing the suitability of prospective Board members. The current overall gender balance of these State Boards is 56% male and 44% female; details of the membership of each Board are as follows:

State Board	Board members by gender
Central Bank Commission	40% Female; 60% Male
Credit Union Restructuring Board	67% Female; 33% Male
Financial Services and Pensions Ombudsman Council	43% Female; 57% Male
Home Building Finance Ireland	57% Female; 43% Male
Irish Fiscal Advisory Council	40% Female; 60% Male
National Asset Management Agency	44% Female; 56% Male
National Treasury Management Agency	44% Female; 56% Male
Strategic Banking Corporation of Ireland	33% Female; 67% Male

Other than the appointment of board members on an ex-officio basis, positions on the State Boards under the aegis of my Department are advertised on the State Boards website. Appointments are made in accordance with the 2014 guidelines for appointments to State Boards. Compliance with the Government Decision of July 2014 on Gender Balance on State Boards is an essential requirement of these guidelines.

With a view to accelerating progress in achieving the 40% target in respect of all State Boards, the Government established an inter-Departmental group in 2019 to identify and report on best practice in relation to Gender Balance, Diversity and Inclusion on State Boards. My Department was represented on this group. The recommendations of the inter-Departmental Group were approved by the Government and in September 2020, a new annex to the Code of Practice for the Governance of State Bodies on Gender Balance, Diversity and Inclusion was published by the Minister for Public Expenditure and Reform which addresses these recommendations. Appointments to all of the State Boards under my Department’s remit will continue in cognisance of the long-standing target to achieve 40% representation of women and men on State Boards, as well as the September 2020 updated requirements in relation to Diversity and Inclusion.

While particular requirements apply in relation to the desirable composition of each individual State Board in terms of knowledge, skills and experience of its members, all suitable and competent individuals can apply for a position on a State Board under the aegis of my Department.

Customs and Excise

Questions (538)

Matt Carthy

Question:

538. Deputy Matt Carthy asked the Minister for Finance the income generated from betting duties in each of the years 2015 to 2020; the estimated income that will be collected in 2021; and if he will make a statement on the matter. [20740/21]

Written answers

Minister for Finance

I am advised by Revenue that the receipts from Betting Duty in each of the years 2015 to 2019

are published at link:

https://www.revenue.ie/en/corporate/information-about-revenue/statistics/excise/receipts-volume-and-price/betting-duty-receipts.aspx.

The receipts for 2020 are €86.8 million. This amount is provisional at this time and may be subject to adjustment. Betting Duty receipts for 2021 are forecast to be in the region of €100 million.

Tax Code

Questions (539)

Cathal Crowe

Question:

539. Deputy Cathal Crowe asked the Minister for Finance if he will clarify the tax free status of Shannon Airport; if an aircraft transfers ownership whilst parked at Shannon if the transaction becomes liable for taxes for either the seller or purchaser; and if he will make a statement on the matter. [20745/21]

Written answers

Minister for Finance

The tax treatment of the transfer of ownership of an aircraft will depend on the facts and circumstances pertaining to that transfer. The treatment may vary depending on:

- whether the transfer was carried out in the course of a trade carried on in Ireland,

- the place where the parties to the transfer are resident for tax purposes, and

- the manner in which the transfer took place – for example the tax treatment of the outright sale of a plane will differ from the sale of a company which holds a plane.

The above factors will inform whether the transfer of the plane is subject to income tax, corporation tax, capital gains tax (“CGT”) or stamp duty. The reference in the question to Shannon Airport does not invoke any specific treatment for the purposes of these taxes.

Prior to 1 January 2006, a company could avail of a reduced rate of corporation tax in respect of ‘relevant trading operations’ in the Shannon Airport Area (introduced by Finance Act 1981). Such trading operations, when certified by the Minister for Finance, were subject to a corporation tax rate of 10%. Qualifying operations included any such operation which contributed to the use or development of the Shannon Airport Area. The 10% rate was not available where the operations were not carried out in the course of a trade. All certifications expired by 31 December 2005.

Since 1 January 2006, profits arising from the disposal of a plane in the course of a trade in the Shannon Airport Area are subject to the standard corporation tax rate of 12.5%.

An aircraft is an asset for CGT purposes. If the disposal is not made in the course of a trade, and if the disponer is an Irish resident individual, CGT may be charged at a rate of 33% on the gain arising on the disposal of the aircraft. If the disponer is an Irish resident company, corporation tax at an effective rate of 33% may be charged in respect of the chargeable gain arising on the disposal of the aircraft.

If the disponer is non-resident, the asset which is being disposed of must be situated in Ireland and used for the purpose of a trade carried out in Ireland through a branch or agency to fall within the scope of Irish CGT. The taxation of such disposals will therefore depend on the facts and circumstances of a particular case.

Prior to the introduction of the Union Customs Code in 2016, goods could be imported into Shannon without paying customs duty or value added tax (“VAT”). Since 1 May 2016, imports into the Shannon Airport Area have been liable to customs duty and VAT.

Although all transactions in the Shannon Airport area are now subject to VAT and customs, certain transactions within the Shannon Airport area (which following the commencement of section 25 of the State Airports Act 2004 is limited to land that is within the airport itself) are zero-rated for VAT purposes. These include:

- the supply of goods by a registered person within the Shannon Airport Area to another person within that area (Section 7(2) Schedule 2 of VATCA 2010).

- the supply of goods that are to be transported directly or on behalf of the person making the supply to a registered person within the Shannon Airport area (Section 7(3) Schedule 2 of VATCA 2010).

Irrespective of the above, both Irish and EU VAT legislation provides for a zero rate of VAT to apply to the supply in the EU of aircraft used by a transport undertaking operating for reward chiefly on international routes. Where an Irish company owns an aircraft, the transfer of shares in that company is generally exempt or outside the scope of VAT.

Section 113(b) of the Stamp Duties Consolidation Act 1999 exempts from stamp duty the transfer of any aircraft or any part or interest in the aircraft, irrespective of its location in Ireland. Where an Irish company owns an aircraft, the transfer of shares in that company is chargeable at the rate of 1% of the value of the shares transferred.

Covid-19 Pandemic Supports

Questions (540)

Michael Healy-Rae

Question:

540. Deputy Michael Healy-Rae asked the Minister for Finance if he will address a matter (details supplied) regarding the Covid restriction support scheme; and if he will make a statement on the matter. [20788/21]

Written answers

Minister for Finance

The CRSS is a targeted support for businesses significantly impacted by restrictions introduced by the Government under public health regulations to combat the effects of the Covid-19 pandemic. Details of the CRSS are set out in Finance Act 2020 and detailed operational guidelines, which are based on the terms and conditions of the scheme as set out in the legislation, have been published on the Revenue website.

To qualify under the scheme, a business must carry on a trade or trading activities, the profits from which are chargeable to tax under Case I of Schedule D. The trade must be carried on from a business premises that is located in a region subject to restrictions introduced in line with the Government’s ‘Living with Covid-19 Plan’, with the result that the business is required to prohibit or significantly restrict customers from accessing its business premises. A business must be able to demonstrate that, because of the Covid restrictions, the turnover of the business in the period for which the restrictions are in operation, and for which a claim is made, will be no more than 25% of an amount equal to the average weekly turnover of the business in 2019 (or average weekly turnover in 2020 in the case of a new business) multiplied by the number of weeks in the period for which a claim is made.

In order to make a claim under the scheme, a business must meet other eligibility criteria, including the requirement that the business would, but for the Covid restrictions, carry on the business activity and it intends to carry on the activity when the Covid restrictions cease to be in operation. In circumstances where a business ceases to be subject to Covid restrictions which require it to prohibit or significantly restrict customers from accessing its business premises, and the business chooses not to reopen, it will not qualify for payments under the CRSS.

In addition, if during a period of Covid restrictions, a business that is significantly restricted from operating (and which would otherwise be eligible to claim under the CRSS) decides to cease trading, the business concerned will no longer qualify for the CRSS. This is because the business will no longer meet the requirement that it intends to carry on the business activity when the Covid restrictions cease to be in operation. Any amounts claimed by a business that does not meet all the requirements to make a claim under the CRSS should be repaid to Revenue or will be recouped by Revenue through the relevant mechanisms contained in the CRSS legislation.

There is no provision in the CRSS legislation to recoup monies received by a business for a claim period where, in that claim period, the business held a genuine intention to trade after the cessation of Covid restrictions and the business met all other eligibility criteria for making a claim under the CRSS.

Banking Sector

Questions (541)

Brendan Griffin

Question:

541. Deputy Brendan Griffin asked the Minister for Finance if he will consider establishing a public state bank similar to other European countries to increase competition in the Irish banking sector following the exit of a bank (details supplied); the reports on the potential exit of KBC; and if he will make a statement on the matter. [20804/21]

Written answers

Minister for Finance

As the Deputy may be aware, under a previous Programme for Government commitment I have thoroughly examined the possibility of implementing a public banking system.

My Department published a paper in December 2019 by Indecon Consulting on an Evaluation of the Concept of Community Banking in Ireland. This was a follow on to a previous paper on Local Public Banking published by my Department in 2018.

The Indecon report concluded that there is no business case for the State to establish a community banking system in Ireland, supporting the outcome of the previous report on Local Public Banking. The report notes that the Exchequer costs and risks involved would not be justified by the analysis of the causes and extent of market failure. The report also notes concerns over the ability of a new State owned bank to provide effective competition.

An Post and Credit Unions are already competing within our banking sector, and are already providing new services to their customers and to new customers. And we have many non-bank operators here in Ireland that are looking to provide lots of services to consumers in a different or non-traditional way. Furthermore, the State does provide supports to aid SME access to credit through a range of loan guarantee schemes operated by the Strategic Banking Corporation of Ireland on behalf of the Department of Enterprise, Trade and Employment and the Department of Agriculture, Food and the Marine. A notable development in recent months has been the inclusion of non-bank lenders offering such guaranteed loans, particularly through the Covid-19 Credit Guarantee Scheme which is available from a range of non-bank lenders and Credit Unions as well AIB, Bank of Ireland and Ulster Bank.

The Indecon report looked at the credit union sector, and concluded that Credit Unions are considered to be a ‘community bank’. Credit unions are a key provider of financial services throughout Ireland with assets of €19.6 billion and loans of €5.1 billion, and are continuing to expand the range of services they provide. The Government is supportive of the Credit Union movement growing as a key provider of community banking in the country.

The report also looked at An Post, noting that it was increasing its financial offerings and that there is a significant network of post offices in areas where there is no bank branch within five kilometres. An Post offers counter services for AIB, allowing customers to lodge and withdraw cash at An Post branches. Bank of Ireland has announced a new partnership with An Post to provide a range of banking services.

There are a wide range of models in the delivery of financial services in the State. These are being augmented all of the time, particularly in the area of online and phone app banking services. Complementing these wide range of models, we have huge diversity in the ownership of firms delivering retail services. Ownership ranges from shareholders, both domestically and internationally in the case of credit institutions and retail credit institutions, to community ownership in the case of credit unions.

The Government wants to ensure that the banking and financial system is one which will effectively contribute and support economic growth and employment. Competition in the sector is vital to ensure that businesses and consumers have a range of options available when using financial services and accessing credit.

Public Appointments Service

Questions (542)

Alan Dillon

Question:

542. Deputy Alan Dillon asked the Minister for Public Expenditure and Reform if he plans a change to a rule (details supplied) for offers by the Public Appointments Service; and if he will make a statement on the matter. [18239/21]

Written answers

Minister for Public Expenditure and Reform

I have considered this matter on foot of the Deputy's recent prior representations to me and would refer the Deputy to my correspondence to him of 14 April 2021.

Civil Service

Questions (543)

Mattie McGrath

Question:

543. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform when the panel for the Irish language executives in the Civil Service is expected to be cleared; the length of time an applicant on the panel will be expected to wait before being offered a position; the efforts being made to increase the number of jobs in the Irish language sector in Ireland; and if he will make a statement on the matter. [18330/21]

Written answers

Minister for Public Expenditure and Reform

As the Deputy will be aware, the Public Appointments Service (PAS) is the independent recruiter for appointments to the civil service. All recruitment is demand-led and PAS undertakes competitions on behalf of the civil service to establish panels that may be drawn upon as vacancies arise in Government Departments or Offices.

Irish speaking candidates may apply for general civil service roles by way of specific bilingual competitions or, alternatively, they may apply for non-bilingual competitions and note their expression of interest for Irish-speaking or bilingual posts. Separate specialist competitions may also be held periodically for more technical roles that require Irish fluency such as Aistritheoir, Parliamentary Reporter and School Inspector.

An Irish language Clerical Officer (CO) competition was last held in 2019 and that panel has recently expired. I understand that PAS are presently making arrangements for a new Irish-language CO competition and that this expected to go live before the end of June. In the interim, demand for Irish language roles at CO level from Departments and Offices can be sufficiently met by PAS from the CO 2020 nationwide panel by assigning those candidates who indicated a proficiency in Irish at the application stage.

An Irish language Executive Officer (EO) competition was held in 2020 and a panel remains in place for assignments from this competition until September 2021 or until such time as a new panel is established. I understand that PAS will commence planning for a new Irish-language EO competition during Q3 2021.

It should be noted that the placement of any candidate on a particular competition panel is not an offer of employment. Recruitment is demand led and a panel may be drawn upon as and when vacancies arise during the lifetime of the panel.

There are no presently no targets for the number of new civil servants to be recruited that are proficient in Irish. The Deputy will be aware that the Official Languages (Amendment) Bill 2019, currently before the Houses of the Oireachtas, proposes a 20% Irish language fluency target for all new hires to the public service by 2030 in line with our Programme for Government committments. The implementation of the Government’s Rural Development Strategy “Our Rural Future” that was launch in March by the Minister for Community and Rural Development, may also provide opportunities for Irish-speaking roles in the public service in the years ahead.

Pension Provisions

Questions (544)

Emer Higgins

Question:

544. Deputy Emer Higgins asked the Minister for Public Expenditure and Reform if funding will be provided for pensions for community employment scheme supervisors; and if he will make a statement on the matter. [18359/21]

Written answers

Minister for Public Expenditure and Reform

The Deputy will be aware that the matter of community employment schemes falls within the policy remit of my colleague the Minister for Social Protection.

I have however a strong appreciation of the role of Community Employment Schemes in communities right across the country and I know this role could not be fulfilled without the leadership of the Scheme Supervisors. In this context I have taken the opportunity to meet with the relevant parties involved in these schemes to hear at first hand their issues of concern.

The particular matter raised by the Deputy is a complex one that raises significant policy, legal and exchequer cost issues. As it relates to the Community Employment scheme, a resolution must be progressed via the Department of Social Protection. The Deputy may be aware that the State is not the employer of the workers concerned. This is a factor which must be borne in mind in the Department of Social Protection’s and the overall State’s approach to this.

As the Deputy will appreciate, we are now facing major challenges in managing the public finances. However, in conjunction with my colleague the Minister for Social Protection I have given fresh consideration to all the issues involved. I have in recent days written to Minister Humphries with a proposed way forward in relation to this complex issue. I understand that the Minister will as a next step undertake further engagement with the relevant stakeholders to make progress.

Pension Provisions

Questions (545)

Cormac Devlin

Question:

545. Deputy Cormac Devlin asked the Minister for Public Expenditure and Reform the effective dates of the last three increases that were applied to the pensions of civil service principal officers in retirement; the level of increase that was applied to their pension on each occasion; and if he will make a statement on the matter. [18493/21]

Written answers

Minister for Public Expenditure and Reform

As the Deputy may be aware, in 2017 the Government agreed the pensions increase policy on public service pensions in payment for the period to end 2020 as follows:

- An equitable approach must be adopted for the various public service pensioner cohorts who are not only differentiated by amount of pension in payment (determined by grade and service) as heretofore but also by date of retirement (in particular pre and post end February 2012).

- Accordingly for those who retired or will retire post end-February 2012, to the extent that they retired on reduced salaries, they will receive pension increases in line with the pay increases due to their peers in employment.

- When alignment is achieved between pre and post end-February 2012 pensioners, pay increases will continue to benefit pensions in payment.

This approach was intended to deal with the ongoing complexities which arise as FEMPI pay related provisions are unwound. Given that this process of unwinding of FEMPI pay reductions will be ongoing over 2021 to 2022 as per sections 19 and 20 of the Public Service Pay and Pensions Act 2017, the requirement for equitable treatment, as outlined above, continues to arise over this period. Accordingly, the above arrangements will remain in place to end 2022 in advance of which I will consider the future policy approach on this issue.

When considering how this policy has been applied to a particular grade, in this case retired Principal Officers in the Civil Service, it is necessary to distinguish between those who retired before 1 March 2012 and those who retired after that date.

Generally, pre-March 2012 retirees will have retired either before imposition of the first FEMPI pay reduction in 2010 or they were protected by the first 'grace period' so their pension does not reflect this reduction. As a result, some pensioners in this cohort were not eligible for pension increases arising from increases to serving staff as the salary on which their pension is based is still higher than the salary of serving staff on the same grade/scale point.

In the main pensioners in this cohort did not qualify for increases if the pensionable salary on which their pension is based is greater than €70,000 - this would include pre-March 2012 Principal Officer retirees.

In the case of individuals who retired from 1 March 2012 onwards the salary on which their pension is based encompasses the first FEMPI reduction in 2010. As a result this cohort of retirees, including Principal Officers, were generally eligible for pension increases arising from pay increases as their pensionable salary was lower than the salary of equivalent serving staff following those increases.

Finally, as in-service salary scales are restored, more individuals in the pre-March 2012 cohort become eligible for increases to be passed on to their pensions reflecting the application of the existing policy that there must be an equitable approach adopted for the various public service pensioner cohorts.

Office of Public Works

Questions (546)

Brendan Griffin

Question:

546. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the names of the trustees of a community centre (details supplied); and if he will make a statement on the matter. [18521/21]

Written answers

Minister of State at the Department of Finance

I have been advised by officials at my department that the former National School at Kilgarvan, Co Kerry is owned by the Minister for Finance and was leased to the Trustees of Kilgarvan Community Development Committee in 1982 for a period of 99 years.

The names of the Trustees at the date of signing of the lease will be forwarded to the Deputy.

Civil Service

Questions (547)

Michael Healy-Rae

Question:

547. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if the Public Appointments Service plan to run an open administrative officer competition in the Civil Service in 2021; if the service plan to run an open competition for the position of third secretary for the Department of Foreign Affairs in 2021; and if he will make a statement on the matter. [18550/21]

Written answers

Minister for Public Expenditure and Reform

As the Deputy will be aware, the Public Appointments Service (PAS) is the independent recruiter for appointments to the civil service. PAS undertakes competitions on behalf of the civil service to establish panels that may be drawn upon as vacancies arise in Government Departments or Offices.

Administrative Officer Competition The last Administrative Officer general entry campaign undertaken by PAS closed for applications on 8 October 2020 and an Administrative Officer panel is presently in place. As set out in the competition booklet, the panel will remain in place for a period of up to one year from inception, until such time as the panel is either exhausted or a new panel supersedes it. As this competition is the principal recruitment pathway by which recent graduates enter the civil service, I would be favourably disposed to a 2021 Administrative Officer general campaign being held later in the year although the precise timing of any campaign is still to be finalised.

Third Secretary Competition

Third Secretary is the graduate entry grade in the Department of Foreign Affairs for the Irish Diplomatic Service. I am advised that the last Third Officer campaign undertaken by PAS on behalf of the Department of Foreign Affairs closed for applications on 8 October 2020 and a Third Secretary panel is presently in place. As set out in the competition booklet, the panel will remain in place for a period of up to two years from inception, until such time as the panel is either exhausted or a new panel supercedes it. The timing of any future Third Secretary competition is a matter for the Minister for Foreign Affairs in the first instance.

It should be noted that the placement of any candidate on a particular competition panel is not an offer of employment. Recruitment is demand led and a panel may be drawn upon as and when vacancies arise during the lifetime of the panel.

Garda Stations

Questions (548)

Catherine Murphy

Question:

548. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he will provide a schedule of vacant and or unused Garda stations by location; if he will also provide a schedule of repurposed and sold former Garda stations in each of the years 2018 to date in 2021; and if he will also provide a schedule by location of Garda stations that are being retrofitted and or upgraded. [18861/21]

Written answers

Minister of State at the Department of Finance

The Office of Public Works (OPW) has responsibility on behalf of the State for managing and maintaining a substantial and complex estate - comprising approximately 2,500 properties -– valued at €3.3bn.

This extensive and diverse portfolio of State properties includes office accommodation for all Government Departments, the property estate for An Garda Síochána and numerous properties for many State Agencies. The portfolio also encompasses specialised spaces such as public offices, laboratories and cultural institutions, in addition to warehouses, heritage properties, visitor centres and sites.

In any major portfolio, there will always be a certain level of vacant properties. It is normal to have an amount of space vacant, or vacant properties, at any given time as the portfolio could not function without the flexibility that it provides. Not all vacant properties will be deemed surplus to the State’s requirements or deemed suitable for disposal.

The OPW, like other State bodies, is obliged to follow central Government policies on the disposal of surplus properties. The arrangements involved are set out in the following Department of Public Expenditure and Reform (DPER) Circulars:

1. Circular 11/2015: Protocols for the Transfer and Sharing of State Property Assets

2. Circular 17/2016: Policy for Property Acquisition and for Disposal of Surplus Property

As a matter of policy, no property or site is disposed of until there is absolute certainty that there is no alternative State use for that property. The OPW’s approach to managing vacant properties is firstly, to establish if the property is required for alternative State use, including the potential for it to be re-purposed either for Government Departments or the wider public service. A number of strategic properties or sites are retained in anticipation of potential State use/development in line with service demands arising from Government policy changes to public service provision.

Secondly, if no State use is identified, the OPW considers if open market disposal is an option, depending on prevailing market conditions.

Thirdly, the OPW may consider community involvement, subject to a detailed submission that demonstrates that the community or voluntary group seeking to use the property has the means to insure, maintain and manage it in order to reduce costs to the Exchequer.

During 2012 and 2013, 139 Garda stations were closed as part of An Garda Síochána’s rationalisation programme. During 2014, 2015 and 2016, the OPW disposed of 36 former Garda stations. However, the disposal of these properties halted from 2016 to 2018, due to two Garda Reviews:

(i) In 2016, An Garda Síochána/Policing Authority undertook a review of the closed Garda Stations under the Programme for a Partnership Government. In late 2017 , the preliminary review initially identified six stations for re-opening on a pilot basis. These were:

- Ballinspittle, Co. Cork;

- Bawnboy, Co. Cavan;

- Leighlinbridge, Co. Carlow;

- Donard, Co. Wicklow;

- Stepaside, Co. Dublin;

- Rush, Co. Dublin

In January 2018, following the preliminary review, An Garda Síochána requested the OPW not to dispose of any former Garda stations that remained in State ownership, pending a further review of closed Garda stations.

(ii) This second review, carried out by the Garda Inspectorate, was published in December 2018 and did not recommend the re-opening of any other former Garda stations.

The OPW recommenced its disposal programme in January 2019.

This disposal programme was again interrupted by Covid-related lockdowns in 2020 and 2021.

During 2021, subject to pandemic restrictions, there are 4 auctions planned. A further 3 are planned for 2022.

The current status of the 139 former Garda properties follows in the table below.

Former Garda Stations	Number
Retained for alternative State use	10
Disposed	44
Assigned for community use	9
Remain the responsibility of An Garda Síochána - Properties occupied by serving/retired members of An Garda Síochána (11) - Required by An Garda Síochána for other purposes (10) - To be reopened as a Garda station following the review (6)	27
Former Garda stations where Lease has been surrendered	9
Being prepared for disposal or alternative use	40
TOTAL	139

As shown in the table above there are currently 40 of the 139 former Garda stations closed in the 2012/2013 An Garda Síochána rationalisation programme. There are a further 9 former Garda stations previously identified by AGS as surplus. As such, these properties reverted to the OPW to manage in line with central Government policies on the disposal of surplus properties. This list is attached as Schedule A .

A list of former Garda stations that were repurposed or sold by the OPW between the years of 2018 and 2021 is attached as Schedules B and C .

The OPW is delivering on the approved Garda Capital Programme 2016-2021, which lists all Garda stations included for works incorporating retrofits and upgrades.

Garda Capital Programme

Schedules A, B and C

Office of Public Works

Questions (549)

Éamon Ó Cuív

Question:

549. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if the OPW plans to make resources available to Galway County Council to develop a plan to deal with the coastal erosion at a location (details supplied) in view of the urgent need for coastal erosion works there; and if he will make a statement on the matter. [18884/21]

Written answers

Minister of State at the Department of Finance

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.

An application submitted under the OPW Minor Flood Mitigation Works and Coastal Protection scheme by Galway County Council for a project at Tawin Island, Co. Galway is under consideration. Further information is required from the Council to complete the assessment, I am advised that the OPW’s engineering staff are available to support the Council and have offered assistance with this application if required.

Brexit Issues

Questions (550)

Pádraig O'Sullivan

Question:

550. Deputy Pádraig O'Sullivan asked the Minister for Public Expenditure and Reform the impact Brexit has on companies in Northern Ireland applying for public Government contracts here; and if he will make a statement on the matter. [19026/21]

Written answers

Minister for Public Expenditure and Reform

Ireland continues to apply EU public procurement rules to covered public contracts. In parallel, national procurement rules apply to public contracts valued below the EU thresholds.

Under EU law, public contracts above certain values must be advertised EU-wide and awarded in competitive tendering in an open and transparent process. National rules provide for similar processes. These rules aim to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. There is no provision in the Procurement Directive governing public contracts for the exclusion of economic operators from third countries such as the UK. The departure of the UK from the European Union has not altered these rules.

The EU-UK Trade and Co-operation Agreement (TCA), which reflects the NI Protocol, contains specific provisions ensuring access to the public procurement markets of both parties. The principal aspects, for above the EU threshold procurements, include inter alia ;

- Continued access to public procurement opportunities in both jurisdictions to interested providers.

- non-discrimination obligations to ensure that interested providers in each jurisdiction are treated no less favourably than nationally-based providers.

The TCA further provides for reciprocal treatment and access to procurement opportunities for companies established in each other’s jurisdiction for below-threshold procurements.

The Office of Government Procurement continues to provide advice to public bodies and economic operators in relation to Brexit and the implications for public procurement.

Public Sector Pensions

Questions (551)

Dara Calleary

Question:

551. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the status of plans to remove FEMPI cuts from retired members of An Garda Síochána; and if he will make a statement on the matter. [19044/21]

Written answers

Minister for Public Expenditure and Reform

The Financial Emergency Measures in the Public Interest (FEMPI) legislation reduced public service pensions by way of the Public Service Pension Reduction (PSPR), introduced on 1 January 2011 under the FEMPI Act 2010. The PSPR did not target any particular sector specifically, but was a progressive reduction, imposed by way of rate bands based on the pay-out value of the pension, with pension values below certain thresholds exempt from the measure.

A three-stage partial reversal of PSPR was provided for in the FEMPI Act 2015, largely by way of increases in the exemption thresholds, occurring on 1 January in each of the years 2016, 2017 and 2018. The Public Service Pay and Pensions Act 2017 provided for the substantial further lessening of the impact of PSPR, by way of increases in the PSPR exemption thresholds and/or the lessening of the percentage reduction rates in each of the years 2019 and 2020. This meant that from 1 January 2020 on, 97% of public service pensions were no longer impacted by this measure.

Under section 27 of the Public Service Pay and Pensions Act 2017, the Minister for Public Expenditure and Reform was required to make an Order, before 31 December 2020, which would specify a date for the full removal of PSPR from that residual group of PSPR-affected pensions. Following a Government Decision of 8 December 2020, the date for the full removal of PSPR has been decided as 1 July 2021 and the Minister gave effect to this through the Public Service Pay and Pensions Act 2017 (Section 27(3)) Order 2020, which was signed on 15 December 2020.

Office of Public Works

Questions (552)

Martin Browne

Question:

552. Deputy Martin Browne asked the Minister for Public Expenditure and Reform if he will provide a list of the empty and vacant OPW buildings across the State by county; the length of time each of the buildings has been vacant; and the annual cost of retaining these buildings on the OPW portfolio. [19073/21]

Written answers

Minister of State at the Department of Finance

The Office of Public Works (OPW) has responsibility on behalf of the State for managing and maintaining a substantial and complex estate - comprising approximately 2,500 properties -– valued at €3.3bn.

This extensive and diverse portfolio of State properties includes office accommodation for all Government Departments, the property estate for An Garda Síochána and numerous properties for many State Agencies. The portfolio also encompasses specialised spaces such as public offices, laboratories and cultural institutions, in addition to warehouses, heritage properties, visitor centres and sites.

In any major portfolio, there will always be a certain level of vacant properties. It is normal to have an amount of space vacant, or vacant properties, at any given time as the portfolio could not function without the flexibility that it provides. Not all vacant properties will be deemed surplus to the State’s requirements or deemed suitable for disposal.

The OPW, like other State bodies, is obliged to follow central Government policies on the disposal of surplus properties. The arrangements involved are set out in the following Department of Public Expenditure and Reform (DPER) Circulars:

1. Circular 11/2015: Protocols for the Transfer and Sharing of State Property Assets

2. Circular 17/2016: Policy for Property Acquisition and for Disposal of Surplus Property

As a matter of policy, no property or site is disposed of until there is absolute certainty that there is no alternative State use for that property. The OPW’s approach to managing vacant properties is firstly, to establish if the property is required for alternative State use, including the potential for it to be re-purposed either for Government Departments or the wider public service. A number of strategic properties or sites are retained in anticipation of potential State use/development in line with service demands arising from Government policy changes to public service provision.

Secondly, if no State use is identified, the OPW considers if open market disposal is an option, depending on prevailing market conditions.

Thirdly, the OPW may consider community involvement, subject to a detailed submission that demonstrates that the community or voluntary group seeking to use the property has the means to insure, maintain and manage it in order to reduce costs to the Exchequer.

The majority of properties currently vacant are former Garda Stations.

During 2012 and 2013, 139 Garda stations were closed as part of An Garda Síochána’s rationalisation programme. During 2014, 2015 and 2016, the OPW disposed of 36 former Garda stations. However, the disposal of these properties halted from 2016 to 2018, due to two Garda Reviews:

(i) In 2016, An Garda Síochána/Policing Authority undertook a review of the closed Garda Stations under the Programme for a Partnership Government. In late 2017 , the preliminary review initially identified six stations for re-opening on a pilot basis. These were:

- Ballinspittle, Co. Cork;

- Bawnboy, Co. Cavan;

- Leighlinbridge, Co. Carlow;

- Donard, Co. Wicklow;

- Stepaside, Co. Dublin;

- Rush, Co. Dublin

In January 2018, following the preliminary review, An Garda Síochána requested the OPW not to dispose of any former Garda stations that remained in State ownership, pending a further review of closed Garda stations.

(ii) This second review, carried out by the Garda Inspectorate, was published in December 2018 and did not recommend the re-opening of any other former Garda stations.

The OPW recommenced its disposal programme in January 2019 .

This disposal programme was again interrupted by Covid-related lockdowns in 2020 and 2021.

During 2021, subject to pandemic restrictions, there are 4 auctions planned. A further 3 are planned for 2022.

The current status of surplus and vacant properties is attached as Appendix 1.

The total costs for the year ended 31/12/2020 to the State in the maintenance and provision of security for these surplus and vacant properties is €380,003.04.

Costs included in this figure cover maintenance, mechanical and electrical and security outlays.

Note

The OPW is responsible for the maintenance and management of vacant State-owned properties.

For health and safety and asset protection reasons, security is provided for in certain vacant buildings which are considered to be particularly vulnerable to trespass or vandalism.

Appendix 1 Vacant Properties

EU Funding

Questions (553, 565)

Joe McHugh

Question:

553. Deputy Joe McHugh asked the Minister for Public Expenditure and Reform when the recovery plan under the recovery and resilience facility will be submitted to the European Commission; and if he will make a statement on the matter. [19111/21]

Michael Creed

Question:

565. Deputy Michael Creed asked the Minister for Public Expenditure and Reform if he plans to publish the National Recovery and Resilience Plan submission to the European Union for funding from the Recovery and Resilience Facility; and if he will make a statement on the matter. [20025/21]

Written answers

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 553 and 565 together.

My Department, working together with the Department of the Taoiseach, the Department of Finance, the Department of Enterprise, Trade & Employment, the Department of Transport and the Department of the Environment, Climate & Communications, is responsible for preparing Ireland’s National Recovery and Resilience Plan, with input from other Departments as necessary.

The Plan will include projects aimed at advancing the green transition; accelerating and expanding digital reforms and transformation; and supporting social and economic recovery and job creation.

Officials have been working closely with their European Commission counterparts on development of the Plan and on projects to be included in it. Once this process has been concluded the Plan will be formally submitted to the Commission, following which the Commission will complete its formal assessment, leading to a decision by the Council of Ministers.

Publication of the Plan will take place once these processes have concluded.

Question No. 554 answered with Question No. 118.

Office of Public Works

Questions (555)

Mary Lou McDonald

Question:

555. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the cost for essential repair roadworks for the North Road in the Phoenix Park, Dublin 8 [19327/21]

Written answers

Minister of State at the Department of Finance

The Office of Public Works advertised on e-Tenders for contractors to undertake a specific programme of road works on the North Road, Phoenix Park. This section of road has not had any significant works carried out to it in over sixteen years, other than minor and localised repairs to the surface of the road. The road surface is in a very poor condition, is considered dangerous and represents a hazard to all users. The adjacent footpath surface is also in a poor condition as are the abutting kerbs.

The tender advertised sought the removal and disposal of existing road surfaces and laying of new ones, taking up, cleaning and relaying of existing granite kerbs, the removal and disposal of existing footpath and laying of new footpath and all ancillary site works to approximately 2.5kms of this carriage way and adjoining footpaths. Tenderers were also required to make provision for suitable traffic management plans for the duration of the works.

A contract for the works was awarded in the amount of €693,652 plus VAT.

Office of Public Works

Questions (556)

Colm Burke

Question:

556. Deputy Colm Burke asked the Minister for Public Expenditure and Reform the reason contracts relating to the transfer of lands which are urgently required for the erection of facilities for use by the Irish Coast Guard at Castlefreke, Rosscarberry, County Cork which were furnished over two years ago by the solicitors acting for Coillte to the State Solicitors Office, who is acting for the Office of Public Works, were not executed; and if he will make a statement on the matter. [19458/21]

Written answers

Minister of State at the Department of Finance

I am advised by the Commissioners of Public Works (OPW) that they are continuing to liaise with the Chief State Solicitors Office (CSSO) in order to finalise conditions of contract for purchase of a site for construction of a Coast Guard station at Castlefreke, Rosscarberry, County Cork.

It was estimated that contracts would be finalised before year end 2020, however due to Covid-19 restrictions it has not been possible for personnel to travel to the site. The OPW are now finalising the planning application and are arranging to meet with the vendors land surveyor on site to survey and demarcate the physical boundaries of the site in the coming weeks.

It is anticipated that negotiations between the CSSO and the vendor’s solicitors will be completed and contract for sale signed as soon as possible thereafter.