Written Answers Nos. 576-594
576. Deputy Claire Kerrane asked the Minister for Public Expenditure and Reform the engagement he has had with the Northern and Western Assembly ahead of the new round of the European Regional Development Fund in 2021; and if he will make a statement on the matter. [43919/20]
View answerOn the 22nd of October 2020 I announced that the European Regional Development Fund (ERDF) Operational Programme 2021 - 2027 for the Northern & Western region would be managed by the Northern Western Regional Assembly (NWRA).
Prior to this announcement the NWRA, in conjunction with officials from my Department, played a very active role in the process of programming for the 2021 - 2027 round.
The NWRA are represented on the Partnership Process Steering Group, which guides and advises on the programming of all of the European Structural Investment Fund (ESIF) programmes, through the development process of the Partnership Agreement for the period 2021 - 2027.
The Steering Group oversaw the development of a Needs Analysis by Indecon Economic Consultants, which specifically looked at regional development needs, including the Regional Spatial and Economic Strategies (RSES). This was completed in July 2020.
The NWRA, along with the other two Regional Assemblies, are also part of a working group which launched a public consultation process to inform the selection of priorities for the use of EU funding for the next period. This included a virtual seminar, organised by the Regional Assemblies. It was attended by over 100 participants, and included break out groups focusing on the specific needs of each region. 109 written submissions were also received in the course of the public consultation. A report of the public consultation was prepared, and was published in November 2020.
In December 2020 the Regional Assemblies oversaw the production of a paper setting out high level priorities for the 2021 - 2027 ERDF Operational Programmes. These priorities have emerged from the Regional strategies (RSES), the Needs Analysis in relation to ERDF and the public consultation.
Three main Themes or priorities were identified:
- Smart cities, smart regions: ERDF should support innovation, digitisation, economic transformation and small and medium-sized businesses in keeping with smart specialisation strategies to support sustainable economic development and offer the population places where they can live and work.
- Low-carbon and climate resilience: ERDF should help Ireland and its regions fight against climate change and protect the environment, which will in turn improve the overall quality of life.
- Urban dimension: ERDF should support the development of Irish towns and cities through an integrated approach combining the three following dimensions: green, smart and people-focused.
Based on the three thematic areas identified, the NWRA in collaboration with the other two Regional Assemblies, are currently in the process of extensive engagement with government departments to develop proposals for the ERDF Operational Programme for the region. I look forward to receiving those proposals in the coming weeks. Following these engagements drafting will begin on the Operational Programmes. It is intended that there will be a further public consultation at that stage.
Following the public consultation and any necessary revisions arising from it, it is intended to bring the draft programmes for approval to Government, at which stage it will be submitted to the European Commission for approval.
577. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform if Bawnboy Garda station is to be refurbished; and if so, the timeframe for the completion of the works. [20447/21]
View answerIt is expected that a contract for works to facilitate the re-opening of Bawnboy Garda Station will be placed shortly. The programme for the works will take about 12 weeks to complete.
578. Deputy Ruairí Ó Murchú asked the Minister for Public Expenditure and Reform if his attention has been drawn to recent adverse media commentary in relation to the performance of Ireland’s freedom of information system; and if he will make a statement on the matter. [20555/21]
View answerIt is assumed the Deputy is referring to a recent article in a national newspaper highlighting a small private survey that was undertaken.
Official statistics show, that in general, the FOI system is functioning effectively and fulfilling its goal of improving openness, transparency and accountability in public bodies. In fact, the volume of requests processed annually by public bodies has almost doubled since the introduction of the 2014 Freedom of Information Act.
In 2019, the last year for which statistics are available, FOI bodies in Ireland processed 41,176 requests, once more setting a record for the greatest number of requests processed annually, and representing an increase of 8% on the previous year. 87% of the requests that were decided on in 2019 were granted in full or in part.
Comprehensive review mechanisms are available under the Freedom of Information Act where a requester is dissatisfied with the decision they receive. It is noteworthy that, in 2019, only 3% of requesters sought an internal review of an FOI decision, while just 1% of requesters went on to apply for an independent review with the Office of the Information Commissioner.
My Department routinely monitor the functioning of the FOI system under the current legislation and, at the present time, all objective indications point to a system that is operating effectively.
579. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the status of the implementation of the OPW integrated workplace management system; the details of the system; if the property data included in the system will be publicly accessible; and if he will make a statement on the matter. [20557/21]
View answerThe Commissioners of Public Works in Ireland (CPW) commenced a project to procure and implement an Integrated Workplace Management System (IWMS), which was approved by the OPW Management Board and Office of the Government Chief Information Officer (OGCIO). This project is being delivered as a three-phase programme.
Following a procurement process, the software platform chosen by OPW for its IWMS is IBM TRIRIGA. Tririga provides for functionality for all aspects of property management within a single technology platform. The TRIRIGA system also facilitates integration with other key software systems in use in OPW such as the INTEGRA financial system.
The system will hold property and property-related data for internal operational use and will not be publicly accessible.
580. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the status of the transposition into Irish law of the EU whistleblowing directive; and if he will make a statement on the matter. [20558/21]
View answerThe EU formally adopted Directive 2019/1937 on the protection of persons who report breaches of Union law ("the Whistleblowing Directive") on 23 October 2019. All Member States, including Ireland, have until 17 December 2021 to transpose the Directive into national law. Ireland is one of just 10 EU Member States to already have comprehensive whistleblowing laws in place, in the form of the Protected Disclosures Act 2014, and is considered a leading country in this field - most recently, the International Bar Association rated Ireland joint second in the world for the protections it provides to whistleblowers in a report published in March of this year.
My Department concluded a public consultation on the transposition of the Directive last July. Some 24 submissions were received from a wide range of both Irish and international interested parties and these have been published on the public consultation page on the gov.ie website.
The process of the transposition is ongoing and work on an initial draft of the transposing legislation is at an advanced stage and will be published later in the year with a view to enactment in advance of the deadline set by the Commission.
581. Deputy Neasa Hourigan asked the Minister for Public Expenditure and Reform the plans to develop a zero waste policy requirement for event organisers and vendors hosting events in the Phoenix Park; and if he will make a statement on the matter. [20571/21]
View answerA diverse range of events take place in the Phoenix Park each year and all event organisers are currently required to produce a detailed "Litter & Waste Management Plan" prior to receiving permission to use the Park. Event organisers are encouraged to recycle and reuse as much as possible in order to reduce the volume of waste generated.
The Office of Public Works has also adopted the ethics of "Leave No Trace" and encourages all visitors to follow the seven principles of this programme. The "Leave No Trace" programme raises awareness of responsible outdoor recreation and helps people understand how their actions impact on parks and outdoor environments.
The Office of Public Works, through its new statement of strategy, will ensure that sustainability informs all of OPW’s decision making and intends to review its existing Sustainability Policy. In this context we will review waste management policies for third parties using our sites, in particular the Phoenix Park, and will update our policies to specifically seek event organisers to avoid the generation of waste through life cycle thinking, reuse and recycling.
582. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if any changes in respect of procurement are contemplated with a view to speeding up various infrastructural proposals; and if he will make a statement on the matter. [20686/21]
View answerAs Minister for Public Expenditure and Reform I have responsibility for the development of policy to ensure adequate expenditure oversight on capital projects and for public procurement. The Department or agency proposing and implementing a capital project is responsible for appraisal; planning; implementation; management; post project review of the project; and for any procurements necessary in line with the policies developed by my department.
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 governs the award of a public contract in a manner which is transparent and delivers value for money. 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 EU Directives set out minimum time limits for tendering – 35 days for an Open procurement procedure; reduced to 30 where tenders are submitted electronically; in a Restricted procurement procedure 30 days for Expressions of Interest; and 30 days for tenders, reduced to 25 days where tenders are submitted electronically. When fixing the time limits for the receipt of tenders and requests to participate, contracting authorities must take account of the complexity of the contract and the time required for drawing up tenders.
All project and programme proposals included in the National Development Plan are subject to the detailed rigour of the Public Spending Code, which is the set of rules, procedures and guidance developed to ensure Value for Money in public expenditure. It sets out the oversight and approval process for public expenditure proposals including capital projects. Roles and responsibilities are clearly set out in the Code.
The Code requires cost control on capital projects to commence at the project inception stage, well in advance of any procurement process. Cost updates and approvals are required at each stage of a project’s development both prior to and post tender right up to completion.
Government policy (through Circular 33/06) requires all public works projects that are delivered under the Exchequer-funded element of the National Development Plan to be procured in accordance with the provisions laid down in the Capital Works Management Framework (CWMF). It comprises an integrated set of contractual provisions, procurement templates, procedures and guidance which cover all aspects of the delivery process of a public works project from inception to final project delivery and review to assist contracting authorities in meeting their ongoing procurement requirements.
There is a substantial review of the CWMF currently underway which will address aspects such as risk and the standard of information provided in the tender documents for both consultants and contractors engaged on the delivery of public works projects. It will also explore opportunities to integrate digital into all aspects of project delivery which has the potential to both streamline the procurement process and improve the quality outcomes for public infrastructure projects.
The Office of Government Procurement (OGP) has also published a series of notes (and template documents) in its response to Covid-19 aimed at mitigating the impact of the necessary public health measures on the delivery of projects under the National Development Plan.
583. Deputy John McGuinness asked the Minister for Public Expenditure and Reform 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. [20731/21]
View answerI am very committed to improvements in gender balance across State Boards, and my Department has recently taken steps to further such improvements. In September 2020 I launched the Annex on Gender Balance, Diversity and Inclusion to the Code of Practice for the Governance of State Bodies. This Annex sets out measures designed to enhance diversity on State Boards; specifically it provides for:
- New reporting measures designed to provide greater transparency around boards which have not reached appropriate levels of gender balance.
- Reporting on the measures being taken to reach the 40% target.
- The relevant Minister to be informed of the gender balance on State Boards at the time of making further appointments.
- Each State Board to report annually on its progress in promoting equality, diversity and inclusion within their organisation.
- Board evaluation processes to be expanded to consider issues around gender diversity as a means of enhancing Board effectiveness.
- Board terms to be varied to allow for an acceleration towards better gender balance in membership.
My Department will continue to monitor trends in gender diversity across State Boards, and I expect that this Annex will further strengthen gender diversity.
This commitment to achieving greater levels of gender balance is also reflected in the membership of State Boards under the aegis of my Department. The Public Appointments Board has a gender balance which is 56% female and 44% male, while the membership of the National Shared Services Office Advisory Board is currently 60% male and 40% female. Achieving and maintaining gender balance is given due consideration when vacancies arise.
In terms of the reservation of places for appropriately qualified private sector individuals for boards, or policy groups or agencies, the approach at present is to use the State Boards model. This model sets out that all appointments should be advertised openly on the State Boards portal operated by the Public Appointments Service. Using this model helps to facilitate wide representation on the boards of State Bodies, from the private and public sectors. This will also include individuals from the charitable sector, as well as those retired from full time occupations, in applying for State Board positions. My Department will continue to monitor trends in this regard, to ensure diversity of representation on such boards. While appointments to the State Boards must reflect a number of specific criteria set out in legislation, applications are welcome from all individuals who believe they have the relevant skills and experience for vacancies as they arise.
584. Deputy Pádraig Mac Lochlainn asked the Minister for Public Expenditure and Reform the details of all properties and national monuments under the control of the Office of Public Works in County Donegal in tabular form. [20819/21]
View answerThe Commissioners of Public Works in Ireland (CPW), on behalf of the State, manage a large and diverse property portfolio of over 2,500 properties. These range from office accommodation to heritage properties, visitor centres, Garda Stations, among others.
In County Donegal, there are a total of 126 properties and national monuments that are under the control or management of the OPW, of which 81 are State owned, 28 are leased and 17 are national monuments.
The following table details the 126 properties by name, location, use and status.
585. Deputy Pádraig Mac Lochlainn asked the Minister for Public Expenditure and Reform the plans the Office of Public Works has to refurbish the historical courthouse at Carndonagh, County Donegal in order that it can be reopened as a district court for the north Inishowen area. [20818/21]
View answerWhile the Office of Public Works (OPW) has no responsibility for Court buildings, it provides technical and other services on request to the Courts Service in relation to its buildings. In recent years the OPW has not been requested to carry out any refurbishment works to the courthouse at Carndonagh, Co. Donegal and consequently it has no plans to do so.
586. Deputy Ged Nash asked the Minister for Public Expenditure and Reform his views on the April 2020 EU Parliament resolution (details supplied); the steps he has taken and controls his Department has put in place one year on since the resolution to ensure that such conditions are attached to the high level of public support received by enterprises; and if he will make a statement on the matter. [20821/21]
View answerI am aware of the European Parliament resolution of 17 April 2020 on EU coordinated action to address the COVID-19 pandemic and its consequences.
This is a wide ranging resolution comprising 72 items covering: a united and decisive response to a shared crisis; European solidarity and action in the health sector; European solutions to overcoming the economic and social consequences; protecting democracy, rule of law and fundamental rights; external action, international solidarity and cooperation; and a post-crisis Union that is stronger, and delivers more effective action to its citizens.
As the Deputy will be aware, the Government has put in place a broad range of measures at a national level providing significant support to the economy and society through the pandemic.
At a European level, the €750 billion Next Generation EU recovery instrument, along with the EU’s budget for the next seven years, is central to the Union’s response to the pandemic.
The aim of Next Generation EU is to help repair the immediate economic and social damage brought about by the pandemic and to prepare for a post-Covid Europe that is greener, more digital, more resilient and fit to face the future.
These are objectives that align well with the steps the Government is taking at a national level in response to the pandemic and to prepare for the recovery.
Whether funded nationally or by the EU, the Government is committed to ensuring that beneficiaries of public support meet all appropriate obligations, whether at a domestic and EU level.
591. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the progress to date in the context of FEMPI; the extent to which issues remain outstanding in this regard; and if he will make a statement on the matter. [20841/21]
View answerThe process of unwinding the Financial Emergency (FEMPI) legislation commenced under the Lansdowne Road Agreement 2016 – 2018, with the remainder of the process largely completed under the Public Service Stability Agreement 2018 – 2020 (PSSA). This will continue under ‘Building Momentum: A New Public Service Agreement, 2021 – 2022’.
At this point, salary rates up to approx. €70,000, which accounts for over 90% of the public service, have been fully restored.
Further measures provided for in the Public Service Pay and Pensions Act 2017 that are needed to complete the unwinding of FEMPI will continue over the period 2021-2023. These measures can be found at Section 19 and Section 20 of the Act.
Each year, under the terms of the FEMPI Act 2013, I am obliged to carry out an annual review of the operation, effectiveness and impact of the FEMPI Acts, having regard to the overall economic conditions in the State and national competitiveness. In this annual review, I am also to consider whether or not any of the provision of the relevant Acts continue to be necessary having regard to the purposes of those Acts, the revenues of the State and State commitments in respect of public service pay and pensions.
The 2020 annual review, a written report of which was laid before the Houses of the Oireachtas on the 23rd June 2020, recommended the continuation of the unwinding of the FEMPI measures in line with the provisions enacted in the Public Service Pay and Pensions Act 2017. Work is now underway in my Department on preparing the 2021 annual review, which will be published in the coming months, in line with the legislation.
592. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which there exists a need for reform of procurement regulations with a view to identifying improved value for money, efficiency and a trading environment equal to that in other jurisdictions; and if he will make a statement on the matter. [20842/21]
View answer593. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if issues have been raised with his Department arising from possible inefficiencies in procurement in this country; the efforts being made to identify such issues and a means of resolution in line with best practice; and if he will make a statement on the matter. [20843/21]
View answer594. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he remains satisfied that procurement policies here are in line with the principles of public expenditure and reform; and if he will make a statement on the matter. [20844/21]
View answerI propose to take Questions Nos. 592 to 594, inclusive, together.
EU public procurement rules apply to all Member States within the European Union. Directive 2014/24/EU on public procurement (goods, services and works) has been transposed into Irish Law in the form of corresponding Regulations under SI No. 284 of 2016 which forms the legal basis for the national rules governing public procurement. The aim of these regulations is to promote an open, competitive and non-discriminatory public procurement regime that delivers best value for money. The legislative basis for public procurement in Ireland remains fully aligned with regulatory norms throughout the EU.
Public procurement reform was a key aspect of the overall public service reform programme launched in 2011. As a result, the Office of Government Procurement was established in 2013 to deliver:
- Greater integration of procurement policy, strategy and operations in one office;
- Strengthening of spend analytics and data management;
- Much greater aggregation of purchasing across public bodies to achieve better value for money; and
- Strengthening of vendor and category management.
The Procurement Reform Programme has had considerable success to date. Governance arrangements have been established to foster collaboration and cooperation across the main sectors of Central Government, Health, Local Government, Education and Defence. Through the development of a suite of centralised arrangements, the Government’s purchasing power has been leveraged by speaking to the market with ‘one voice’. Procurement Reform has delivered a programme of policy supports for SMEs, and has built an awareness in industry regarding the opportunities arising from public procurement. Data has been gathered from across multiple bodies to bring insight to procurement spending.
However the focus now, in line with the Programme for Government: Our Shared Future, is to further develop the potential of strategic procurement, with an emphasis on sustainability and social considerations, public works reform and innovation. While value for money remains a key consideration, the strategic use of public procurement will support green, social and innovation policies strategic objectives in line with the Programme for Government, international developments and EU priorities such as the Green Deal and digitalisation.
The Office of Government Procurement (OGP) has responsibility for the National Public Procurement Policy Framework which sets the overarching policy framework for public procurement in Ireland. The Office of Government Procurement (OGP) facilitates a cohesive flow of procurement activity by providing procurement solutions, advice, guidance and systems for public bodies, promoting good practice (via Information Notes, Circulars, Guidelines and dealing with ad hoc queries) and proactive engagement with our sourcing partners in the Health, Education, Defence and Local Government Sectors through the Procurement Executive. This enables a consistent approach to public procurement across the public sector.
The OGP has also been proactive in the area of Strategic Procurement with the publication of Circular 20/2019: Promoting the use of Environmental and Social Considerations in Public Procurement and the Information Note on Incorporating Social Considerations into Public Procurement. In addition, the Strategic Procurement Advisory Group was established in March 2019. This group aims to promote and facilitate the incorporation of social considerations, including environmental considerations, into public procurement projects. My colleague, Minister of State Ossian Smyth TD, chairs the SME Advisory Group which provides a forum for Small Medium Enterprises to discuss procurement issues for the SME sector. In addition, the Tender Advisory Service (TAS) is a free of charge service for suppliers to raise concerns in relation to perceived barriers for suppliers in competing for tender opportunities.
My Department will continue the enhancement and refinement of guidance, systems, reporting, and engagement to assist public procurement practitioners to procure on behalf of the State effectively and efficiently to achieve value for money for the Exchequer.
