Tuesday, 11 May 2021

Written Answers Nos. 241-260

Departmental Staff

Questions (241)

Peadar Tóibín

Question:

241. Deputy Peadar Tóibín asked the Minister for Finance the number of persons employed by his Department; and the collective total salary received by employees of his Department. [24444/21]

Written answers

Minister for Finance

I wish to advise the Deputy that at 31 December 2020, the Full Time Equivalent (FTE) of staff employed in the Department of Finance was 312.18. The most recent figure available is at 30 April 2021, when there was an FTE of 323.13 staff.

In 2020, €19,361,238 was spent on employee salaries, and is inclusive of PRSI, allowance, and overtime costs. This represented 94% of the budgeted provision for employee salaries and related pay costs of €20,610,000.

For 2021, the Department has a budgeted provision for employee salaries of €20,903,000, inclusive of PRSI, allowance, and overtime costs.

Departmental Contracts

Questions (242)

Peadar Tóibín

Question:

242. Deputy Peadar Tóibín asked the Minister for Finance if he or his Department employ persons or firms to deal with public relations; if so, the number of persons employed by his Department to deal with public relations; the names of any firms involved; and the amount spent on public relations by his Department. [24445/21]

Written answers

Minister for Finance

I wish to inform the Deputy that my Department does not currently employ any persons or firms to deal with public relations.

From August 2019 to January 2020, my Department had a public relations contract with Daniel J. Edelman Ireland Limited. This contract was for the provision of specialist advice on using social media in overseas markets to promote Ireland for Finance. The value of this contract was €29,274 (incl. VAT).

Gambling Sector

Questions (243)

John Lahart

Question:

243. Deputy John Lahart asked the Minister for Finance if he will address a matter (details supplied) in relation to the recent collapse of a gambling and trading platform. [24487/21]

Written answers

Minister for Finance

The regulation of gambling is the responsibility of my colleague the Minister for Justice and Equality.

I am informed by Revenue that their role with regard to the issuing of remote bookmaker licences, such as the one issued to the case in question in 2018, is limited in that they issue the licence on receipt of the Certificate of Personal Fitness as well as the relevant excise licence fee and tax clearance certificate.

A Certificate of Personal Fitness is a certificate indicating that the individual, or the relevant officers of a body corporate, is a fit and proper person to hold a remote bookmaker’s licence. For applicants that reside in the state, the Certificate of Personal Fitness is issued by the Superintendent of the Garda Siochána located where the applicant ordinarily resides. For applicants that reside outside of the state, the Certificate of Personal Fitness is issued by the Minister for Justice.

National Asset Management Agency

Questions (244)

Neale Richmond

Question:

244. Deputy Neale Richmond asked the Minister for Finance the options available for those that purchased property from NAMA which is no longer fit for purpose; if there are avenues for engagement with NAMA open for these property owners; and if he will make a statement on the matter. [24488/21]

Written answers

Minister for Finance

As the Deputy may be aware, NAMA does not typically own or sell properties. Rather, NAMA owns loans for which the properties act as security. The properties securing NAMA’s loans are owned and managed by their registered owners, or appointed receivers if enforced.

I am advised that the sale of secured properties is wholly managed by NAMA’s debtors or receivers and it is these parties, and their appointed agents, who are the primary points of contact for any potential issues relating to the properties.

I wish to advise the Deputy that NAMA does operate a dedicated email address for members of the public to contact NAMA directly: [e-mail]. In this instance, I am advised that NAMA has requested the relevant receiver to respond directly to the particular matter raised by your constituent.

Covid-19 Pandemic Supports

Questions (245)

Richard Boyd Barrett

Question:

245. Deputy Richard Boyd Barrett asked the Minister for Finance if an employer availing of the employment wage subsidy scheme who does not qualify on an end of month review during January 2021 to June 2021 has to repay the subsidy for the previously qualifying months; and if he will make a statement on the matter. [24494/21]

Written answers

Minister for Finance

The Employment Wage Subsidy Scheme (EWSS) was legislated for under the Financial Provisions (Covid-19) (No. 2) Act 2020. The EWSS is an economy-wide enterprise support for eligible businesses in respect of eligible employees. It provides a flat-rate subsidy to qualifying employers based on the numbers of paid and eligible employees on the employer’s payroll and charges a reduced rate of employer PRSI of 0.5% on wages paid which are eligible for the subsidy payment.

The objective of the EWSS is to support all employment and maintain the link between the employer and employee insofar as is possible. The EWSS has been a key component of the Government’s response to the continued Covid-19 crisis to support viable firms and encourage employment in the midst of these very challenging times. To date, payments of over €3 billion and PRSI credit of over €500 million have been granted to 48,900 employers in respect of 558,000 workers.

The EWSS is administered by Revenue on a 'self-assessment' basis. The eligibility criteria for EWSS provides that in addition to having tax clearance for the duration of the scheme, an employer must be able to demonstrate that their business is expected to experience a 30% reduction in turnover or customer orders between 1 July and 31 December 2020 for 2020 paydates and between 1 January to 30 June 2021 for 2021 paydates, looking at the period as a whole rather than on a monthly basis; and this disruption is caused by COVID-19.

Employers can register for the scheme where they have a reasonable expectation of meeting the requisite 30% trade test over the relevant period. It is expected that the budget assumptions which underpin the forward-looking projections will be reasonable in their basis, reflect the operating conditions of the business. The expectation is that those projections should remain materially unchanged over the relevant period. Where certain unforeseen events occur, which impact the original budget estimate, for example, the imposition of further public health restrictions (post the review date) impacting trade, receipt of an unexpected donation, entering into a significant new sales contract, etc. then this should be factored into a review of ongoing eligibility.

Employers must undertake a review of actual and projected trading performance over the six month period on the last day of every month (other than July 2020 and the final month of the scheme) in order to verify whether they continue to meet the eligibility conditions and to take the necessary action of withdrawing from the scheme where they no longer meet the conditions. The eligibility review must be undertaken on a rolling monthly basis comparing the actual and projected business performance over the specified period (July to December 2020 for 2020 paydates and January to June 2021 for 2021 paydates).

If an employer becomes aware prior to the end of the month that they will no longer meet the eligibility criteria (e.g. unexpected donation or grant received at the start of a month), they should deregister immediately and cease to claim subsidies. Where there were reasonable grounds at the start and the employer ceases when it is clear that it no longer qualifies, Revenue will not generally seek to claw back EWSS payments for earlier months. Employers are required to retain back up documentation supporting their eligibility on registration, and during each monthly review.

Where Revenue determines that an employer, at any time over the term of the scheme, claimed and received payment by applying accounting practices that are clearly not appropriate, or by deliberately misrepresenting the true financial situation of the business, it will be excluded from the EWSS in its entirety. No further claims will be accepted, and all subsidy paid and the PRSI credit issued will be repayable together with interest and penalties. The business may also face possible criminal prosecution.

Detailed guidelines on the operation of the scheme are available on Revenue’s website - https://www.revenue.ie/en/employing-people/documents/ewss/ewss-guidelines.pdf

Question No. 246 answered with Question No. 232.

Question No. 247 answered with Question No. 232.

Question No. 248 answered with Question No. 232.

Question No. 249 answered with Question No. 222.

Budget 2021

Questions (250, 251, 252, 254)

Bernard Durkan

Question:

250. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he remains satisfied that budgetary targets set earlier in 2021 will continue to be met notwithstanding any changes in circumstances; and if he will make a statement on the matter. [23718/21]

Bernard Durkan

Question:

251. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if he has identified any particular issues which might impact on his Department’s ability to implement principles of reform to facilitate achievement of spending targets; if particular obstacles have arisen in this regard; and if he will make a statement on the matter. [23719/21]

Bernard Durkan

Question:

252. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he has identified issues likely to impede progress toward objectives set for and by his Department in respect of public expenditure and reform; if such obstacles have been identified and isolated; and if he will make a statement on the matter. [23720/21]

Bernard Durkan

Question:

254. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which provisions or policies most likely to achieve benefit to the Exchequer and the taxpayer in 2021 are continuing on target; and if he will make a statement on the matter. [23722/21]

Written answers

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 250, 251, 252 and 254 together.

The Revised Estimates for Public Services (REV) for 2021 outlined an overall Government Expenditure Ceiling of €87.8 billion. This provided for both an increase in the core expenditure allocations to Departments and for almost €12 billion in funding to respond to Covid-19 and Brexit.

During 2021, Covid-19 has continued to pose a challenge for society and continued measures have been necessary to support our people, businesses and the delivery of public services. Under this overall expenditure ceiling, €5.4 billion was set aside in reserve to be used as required during the year for temporary, targeted measures to mitigate the impacts of Covid-19. This reserve will partially be utilised to fund the extension of the Pandemic Unemployment Payment (PUP) and Employment Wage Subsidy Scheme (EWSS) to the end of June. In this regard, and including expenditure of the Social Insurance Fund, the Further Revised Estimate for the Department of Social Protection presented to Dáil Éireann last week reflects additional gross expenditure of c. €4 billion. Decisions regarding the continuance of support schemes beyond the end of June will be taken in the coming weeks. However Government has committed that there will be no cliff edge to the supports that have been put in place.

Given the exceptional level of funding being provided this year, careful monitoring of spending against profile and of progress on programmes and projects is required. My Department is in regular contact with all other Departments and Offices to ensure that expenditure is being managed within the overall fiscal parameters. It is a key responsibility of every Department and Minister to manage expenditure within their respective allocations and during 2021 the main spending Departments will be reporting to Government quarterly on spending within their areas, setting out the detail and context of key areas where spending is either above or below profile and setting out the outlook for the year taking into account the impact of Covid-19 on programmes and projects.

This monitoring of expenditure during 2021 stands alongside a range of reforms implemented in recent years in order to enhance Ireland’s budgetary framework and to ensure efficient and effective management of public expenditure. This includes initiatives such as performance budgeting and equality budgeting as well as publications such as the Summer Economic Statement and Mid-Year Expenditure Report. A new three year cycle of spending reviews began last year and will provide analysis of existing spending programmes, focusing on an assessment of efficiency, effectiveness and sustainability.

Looking forward, the Programme for Government commits to continuing reform and improvement of the Budgetary process, building on the budgetary reforms already in place and the significant work on public service reform already completed.

Question No. 251 answered with Question No. 250.

Question No. 252 answered with Question No. 250.

Public Expenditure Policy

Questions (253)

Bernard Durkan

Question:

253. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the degree to which he expects reform to remain a central part of his Department’s policy; the extent to which this is likely to manifest itself in 2021 and thereafter; and if he will make a statement on the matter. [23721/21]

Written answers

Minister for Public Expenditure and Reform

I would like to thank Deputy for the question. The Deputy will be aware that a large programme of reform has been under way since the establishment of this Department in 2011.

Reform of public services will continue to play an integral role in this Department's function as we recover our economy and society from the ongoing, pervasive impacts of the Covid19 pandemic. The Department is currently preparing the next phases of Public Service Reform (to succeed Our Public Service 2020) and a refreshed programme of Civil Service Renewal which will incorporate priorities that were articulated in the recently published Public Service Innovation Strategy, Making Innovation Real. Furthermore, the Office of the Government Chief Information Officer in my Department is also preparing a new Public Service Digital Strategy, which will be published during 2021, in the coming months.

These new plans and strategies will reinvigorate the reform agenda and make certain that we capitalise on the positive changes that we have witnessed since the onset of the pandemic. These plans and strategies will also incorporate a number of Programme for Government commitments that will enable the Public Service to be more responsive to the future needs of our citizens and to be resilient to any similar economic shocks of this nature.

Question No. 254 answered with Question No. 250.

Departmental Legal Cases

Questions (255)

Eoin Ó Broin

Question:

255. Deputy Eoin Ó Broin asked the Minister for Public Expenditure and Reform the specific judicial review cases that he was referring to in his closing address to Seanad Éireann on 22 March 2021 when he asserted they were simply used to stall projects given he told Seanad Éireann such cases were informing significant changes in relation to judicial review (details supplied); the basis on which he has identified same and asserts that the reason the judicial review was taken was simply to stall the project in each case; and if no such list exits, if he will correct the record. [23993/21]

Written answers

Minister for Public Expenditure and Reform

I will not be commenting on any individual cases as requested by the Deputy as it would be inappropriate to do so. In addition, it should be noted that this policy area primarily comes under the remit of the Department of Housing, Local Government and Heritage.

In line with the increase in economic activity and the resultant increase in planning applications for large scale infrastructure projects (including housing projects), the level of judicial reviews is increasing. The total number of such new planning/environment related judicial review applications taken against the State, usually where a State body such as An Bord Pleanála or a planning authority is the lead respondent, increased from 20 new cases in 2017 to 57 new cases in 2020.

At least 15 such new cases have already been taken against the State in 2021. The number of judicial review cases taken against An Bord Pleanála, which cases do not always include the State as a notice party, has also steadily risen from 30 cases in 2015 to 83 cases in 2020.

These volumes of judicial review challenges are proportionately significantly greater than those encountered in other jurisdictions including the UK. Some of the variance may be due to the long established custom and practice of facilitating unrestricted third party objection rights within the Irish planning system that is not mirrored in the UK and elsewhere.

In turn this puts an increasing burden on the courts system and adds to the timelines for project implementation. The combination of the prospect of planning appeal and judicial review, can create uncertainties around timescales, which is particularly problematic for major infrastructure projects. The increasing complexity in this area of law, has made it somewhat difficult to navigate for developers of projects of scale.

While less than 8% of the circa 30,000 planning applications in 2019 were appealed to An Bord Pleanála, only a relatively small number of those were judicially reviewed which included large scale infrastructural projects.

Many of these projects can be intended to address the climate action or environmental agenda of Government, through enhanced public transport, greater compact growth, development of renewable energy or provision of environmental infrastructure such as waste water treatment. Such delays in themselves can have a detrimental environmental impact. Consequently, the focus of reform is on ensuring that the system works as efficiently as possible and that greater certainty can be provided in timelines for project planners, while always respecting the frameworks set by EU law and the Aarhus convention.

Flood Risk Management

Questions (256)

Johnny Mythen

Question:

256. Deputy Johnny Mythen asked the Minister for Public Expenditure and Reform the status of the flood relief scheme for the River Slaney, Enniscorthy town, County Wexford; when the scheme will be formally signed off; and if he will make a statement on the matter. [24087/21]

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 (WCC) 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 nationally, from which the relevant funding for the Enniscorthy scheme will be made available, and on completion will protect 236 properties in the town.

The Scheme requires formal confirmation from the Minister for Public Expenditure and Reform (MPER) to proceed. This is a statutory requirement under the Arterial Drainage Acts(ADA), 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 involves, inter alia, a formal review by MPER of the Environmental Impact Assessment Report (EIAR) commissioned by WCC and recently submitted (along with a Natura Impact Statement) to MPER as part of the formal Confirmation process.

DPER ran the statutory public consultation period required in relation to this process from July 28th to August 28th, 2020. The initial phase of the review of the EIAR and NIS was carried out by consultants engaged for this purpose by DPER, during September and early October. DPER subsequently forwarded submissions from the public consultation, and the EIAR and NIS reviews, to the OPW, along with a request for supplementary information, pursuant to ADA regulations 2019, to ensure that the design of the scheme complies with relevant environmental directives and regulations.

The OPW, Wexford County Council, and scheme consultants Mott Mc Donald formally submitted their response to DPER in the final week of April 2021. DPER and their consultants will now proceed to review the material submitted with a view to confirming the scheme. It is not possible to provide a specific timeline for a formal decision regarding confirmation in advance of that.

Completion of the above tasks and the progression of the flood relief scheme is a priority for all parties. In parallel with the confirmation process, OPW and Wexford County Council have been working on the following to ensure as efficient progression of the works as possible once the scheme is confirmed

- the Foreshore licence application public consultation has been completed, approval expected mid 2021

- a legal agreement with Irish Water for diversion of services has been agreed. The detailed design for these works is complete, and contractor tender documents are currently being reviewed prior to advertisement.

- Technical approvals have been received from Irish Rail regarding the rail line crossings, with the legal agreement well advanced

- Archaeological excavations are ongoing

- Removal of invasive species (e.g. Japanese Knotweed) is ongoing

- Pre-qualification of the bridgeworks contractor is almost complete, with a view to expediting contractor appointment post-confirmation

Flood Risk Management

Questions (257, 258, 259, 260)

Holly Cairns

Question:

257. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the current timeline on the completion of the planned flood relief scheme in Bantry, County Cork; and if he will make a statement on the matter. [24115/21]

Holly Cairns

Question:

258. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the status of the completion of the flood relief scheme in Bandon, County Cork; and if he will make a statement on the matter. [24116/21]

Holly Cairns

Question:

259. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the status of the completion of the flood relief scheme in Clonakilty, County Cork; and if he will make a statement on the matter. [24117/21]

Holly Cairns

Question:

260. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the status of the completion of the flood relief scheme in Skibbereen, County Cork; and if he will make a statement on the matter. [24118/21]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I propose to take Questions Nos. 257, 258, 259 and 260 together.

The Flood Risk Management Plans launched in May 2018 include a recommendation to progress the project-level development and planning for a flood relief scheme for Bantry. A steering group, comprising representatives from the Office of Public Works and Cork County Council, is in place to progress the Bantry Flood Relief Scheme. The Plans, with outline design of possible measures, estimated a preliminary Total Project Cost of €6.7m and a scheme to protect some 198 properties. Cork County Council has engaged a contractor to treat some of the invasive species in preparation for a flood relief scheme for the town.

On 11th March 2021 Cork County Council, in partnership with OPW, issued the tender documentation for the procurement of Engineering Consultants via www.etenders.gov.ie. Tenders are due for return on 7th June 2021.

Cork County Council has also commenced the preparation of the Consultants Brief documents to carry out the repair and re-construction of the Main Street Culvert, which has been a significant element contributing to flooding on Main Street, New Street and north and south of Wolfe Tone Square in recent months. The OPW is liaising with Cork County Council on the integration of these works with the flood relief scheme for the town.

Once consultants are appointed to progress the Flood Relief Scheme for Bantry, consultation with statutory and non-statutory bodies, as well as the public, will take place at the appropriate stages to ensure that all parties have the opportunity to input into the development of this scheme.

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

In March 2021, an application under the Minor Flood Mitigation Works and Coastal Protection Scheme for interim works to mitigate flooding in Bantry, which includes installation of non-return valves and provision of mobile pumps, was submitted to the OPW by Cork County Council. This application is currently under consideration.

Furthermore prior to weather events, local CCC staff are implementing interim measures to assist mitigate flooding such as deployment of sandbags at Sands Quay and mobile pumping.

The Bandon Flood Relief Scheme was substantially completed on 16th October 2020.

A number of additional minor items are still planned to be completed, such as fencing, railings and conservation works to Bandon Bridge.

Work is ongoing on preparing the operation and maintenance plans for the scheme and it is envisaged that the maintenance and operation of the scheme will be carried out for and on behalf of the OPW by Cork County Council.

As part of the recently completed flood relief scheme for Bandon, the Office of Public Works installed a large ‘rock-ramp’ fish pass in the Bandon River, measuring some 130m, in October 2018. The rock ramp was essential to mitigate the impact on fish passage at the weir, which arose from deepening the channel downstream of the weir. The fish pass was designed by international experts, with input from national experts in the then Department of Environment, Community and Local Government (DECLH), along with Inland Fisheries Ireland (IFI).

In March 2021, the OPW became aware that the boulders, rock and gravel material that formed the bed of the ramp had deteriorated, possibly as a result of extreme flows in the river in February 2021. OPW immediately carried out inspections, accompanied by IFI representatives and the fisheries’ specialist on the Project.

The site inspections identified serious deterioration of the rock and gravel bed materials used in the construction of the fish pass, over its full length. Of immediate concern was the erosion of bed material at the upstream end of the fish pass, which had resulted in the retaining wall, originally constructed below the bed level of the pass, becoming exposed and creating a ‘step’ up from the bed level immediately downstream of it. The situation was creating serious difficulties for various aquatic species in migrating over this newly exposed ‘step’ at the upstream end of the fish pass, particularly in low flows.

The OPW and IFI have agreed that urgent measures need to be implemented to alleviate this problem. An Appropriate Assessment Screening was completed, in line with the requirements of the Habitats Directive, and an AA Determination Statement was prepared. The proposed solution comprised large, natural boulders placed in a line across the width of the fish pass - close to the ‘step’ at the upstream end of the pass - to create a pool from which the fish can pass with greater ease.

Following consultations with landowners for access for the proposed works and following environmental approval, the emergency works were completed successfully on the night of Tuesday 27th April.

These emergency works are critical in solving the immediate problem. In addition, an investigation into the reasons for the deterioration of the bed material on the fish pass has commenced and a longer term solution will be developed with a view to fully rectifying the issue over the next few months. It is planned to complete this investigative work as well as any necessary site works in the coming months in so far as this is practicable.

The Clonakilty Flood Relief Scheme undertaken by the Office of Public Works in partnership with Cork County Council was substantially completed on 4th February 2021 by the main contractor, Ward and Burke Ltd and now provides protection to 296 properties.

A number of works to address outstanding items and snags will be completed by the contractor during the coming months.

Planning for the operation and maintenance of the scheme is ongoing in conjunction with Cork County Council, who will act as agents of the OPW in carrying out the statutory operation and maintenance of the scheme.

The Skibbereen Flood Relief Scheme was substantially completed on 6th June 2019. All identified defects arising from the construction have been remedied, with some delays as a result of Covid-19.

Planning for the operation and maintenance of the scheme is ongoing in conjunction with Cork County Council, who will act as agents of the OPW in carrying out the statutory operation and maintenance of the scheme. A small number of works to address elements identified during construction, which were outside the main construction contract, remain to be completed and are being progressed in separate works packages.

Drainage works planned on Cork Road are not part of the main Scheme, but were subsequently identified as being necessary. Detailed assessments are currently being progressed by Cork County Council and consultants RPS, in conjunction with the OPW and Transport Infrastructure Ireland (TII), to identify the most effective solution. The OPW is providing funding under the Minor Works & Flood Mitigation Scheme towards these works. While work is currently ongoing on the development of a solution, the Council is not yet in a position to confirm the programme times in relation to planning approvals and construction.

Following the flood event which occurred in August, 2020 in the Rossa Road area, Cork County Council and its consultants have been undertaking assessments of the problem. While all assessments are not yet finalised, some discussions have taken place with a local landowner with a view to completing some remedial/improvement works this summer. Any further works can only be progressed once the required reports are completed.

Question No. 258 answered with Question No. 257.

Question No. 259 answered with Question No. 257.

Question No. 260 answered with Question No. 257.