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Tuesday, 13 Jul 2021

Written Answers Nos. 280-298

Universal Social Charge

Questions (280)

Carol Nolan

Question:

280. Deputy Carol Nolan asked the Minister for Finance if he will outline the reduction in the rates of the universal social charge; the changes to the relevant income bands; the estimated cost to the Exchequer for these changes for each year from 2014 to 2020; and if he will make a statement on the matter. [37648/21]

View answer

Written answers

I would note that Ireland has one of the most progressive personal income tax systems in the world, which plays a crucial role in the process of income redistribution. Our redistributive tax system has been acknowledged by the IMF, the OECD and the ESRI. It is my view that a broad-based, progressive income tax system, where the majority of income earners make some contribution but according to their means, is the most fair and sustainable income tax system in the long term.

Since 2015, policy in relation to the basic structure of the personal income tax system has focused on reductions to income tax targeted at low to middle income earners.

A summary of the taxation measures announced as part of the annual Budget is published each year at Budget time and is available at www.budget.gov.ie.

The table below sets out the applicable USC rates and bands, inclusive of any changes, for the years 2015 to 2020, together with the estimated costs of these changes. There were no changes to the USC for the year 2014.

Table

Primary Medical Certificates

Questions (281)

Seán Canney

Question:

281. Deputy Seán Canney asked the Minister for Finance when a proper appeals process will be put in place in relation to the disabled drivers and passengers scheme; when appeals will resume; when regional appeals will take place in order that disabled persons from all over the country do not have to travel to Dún Laoghaire to have an appeal hearing; and if he will make a statement on the matter. [37777/21]

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Written answers

Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the appropriate facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.

A Supreme Court decision of 18th June 2020 found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a Primary Medical Certificate (PMC). The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate given in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.

On foot of the legal advice received, it became clear that it was appropriate to revisit the six medical criteria set out in Regulation 3 of Statutory Instrument 353 of 1994 for these assessments. In such circumstances, PMC assessments were discontinued until a revised basis for such assessments could be established. The medical officers who are responsible for conducting PMC assessments need to have assurance that the decisions they make are based on clear criteria set out in legislation. While Regulation 3 of Statutory Instrument No. 353 of 1994 was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989.

In order to allow for the PMC assessments and appeals to recommence I brought forward an amendment to the Finance Bill to provide for the existing medical criteria in primary legislation which, following the approval of the Finance Act 2020, allowed assessments to recommence.

An appeals hearing was held on 22nd April, followed by two hearings in each May and June. One hearing has been held so far this month.

The Medical Board of Appeal holds regional hearings as demand arises. I have been informed that a hearing is scheduled for Cork on 9th September. A hearing was scheduled for Roscommon last October, however due to Covid 19, unfortunately it was not possible to hold the clinic.

It is important that the Medical Board of Appeal conducts appeals in the appropriate clinical environment and that adequate numbers of persons attend regional clinics to ensure that the Board can assess as many applicants in the year as possible.

Departmental Legal Cases

Questions (282)

Peadar Tóibín

Question:

282. Deputy Peadar Tóibín asked the Minister for Finance the number of legal cases brought against his Department in each of the past five years and to date in 2021; and if he will provide details on the nature of these cases. [37810/21]

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Written answers

The Minister for Finance is named as a party to a large number of cases. In many instances, these cases are dealt with by the Chief State Solicitor's Office or the State Claims agency without requiring direct input from this Department, particularly where another Department is the relevant lead Department.

Details of the total number of cases to which the Minister is a party are not compiled by this Department, and it is not possible to provide the information requested in the time available. A list of particularly sensitive litigation relevant to the Minister for Finance is prepared on a regular basis by the Office of the Attorney General. As of June 2021, there were ten cases included in the list of sensitive litigation for which this Department has primary responsibility.

Financial Services

Questions (283)

Alan Dillon

Question:

283. Deputy Alan Dillon asked the Minister for Finance if he will clarify the position of deemed disposal being applied to distributing investment funds, for example, on exchange traded funds; if the deemed disposal and exit tax from such funds results in double taxation on the same dividend; if an analysis has taken place on this issue with a view to improving conditions for small personal investors and savers; and if he will make a statement on the matter. [37963/21]

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Written answers

The term “Exchange Traded Fund” or “ETF” is a general investment industry term that refers to a wide range of investments. ETF investments can take many different legal and regulatory forms even where they are established within the same jurisdiction.

An ETF is an investment fund that is traded on a regulated stock exchange. A typical ETF can be compared to a tracker fund in that it will seek to replicate a particular index.

There is no separate taxation regime specifically for ETFs.  Being collective investment funds, they generally come within the regimes set out in the TCA 1997 for such funds. The domicile of the ETF will decide the applicable fund regime (i.e. domestic or offshore).

The tax treatment of an investment in a fund depends on a number of factors, the first of which is whether the fund is an Irish fund or an offshore fund.  The response below addresses the Deputy's query firstly with respect to the domestic fund regime and secondly with respect to the offshore fund regime.

Domestic Fund Regime

Section 58 of the Finance Act, 2000 introduced the gross roll-up taxation regime for domestic investment undertakings. The legislation is contained in Part 27 – Chapter 1A – sections 739B to 739J of the Taxes Consolidation Act (TCA) 1997. 

The general thrust of the regime is that there is no annual tax on income or gains arising to a fund. However, a fund has responsibility to deduct exit tax in respect of payments made to certain unit holders in that fund. To prevent indefinite or long-term deferral of this exit tax, a disposal is deemed to occur every 8 years. Further information is contained within Tax and Duty Manual 27-01a-02 available on the Revenue website.

Exit tax on investments in collective investment undertakings (including Exchange Traded Funds “ETFs”) applies on the occurrence of a “chargeable event”. Exit tax applies to the profit element of each chargeable event, and chargeable events include –

- the making of relevant payments (which includes any dividend),

- the redemption of units,

- the transfer by a unit holder of their entitlement to units,

- the appropriation or cancellation of units by a fund to discharge tax payable on a gain arising from a transfer of units by a unit holder, and

- the ending of an 8-year period beginning with acquisition and each subsequent 8- year period (where such ending is not otherwise a chargeable event).

As such, exit tax applies on the payment of a dividend.

When looking at a deemed disposal, the amount to which exit tax applies is the growth in value of the investment.  Therefore, when calculating the amount on which exit tax applies for a deemed disposal, any amounts already paid out as dividends are excluded. There is no double taxation of the amount paid out as dividends.

In addition, any tax collected on a deemed disposal is available as a credit against any tax that arises on a subsequent actual disposal. 

Offshore Fund Regime

Offshore funds legislation is contained within Chapters 2, 3, and 4 of Part 27 Taxes Consolidation Act 1997. 

Where the fund is located in an EU, EEA or OECD country and has a double taxation agreement in place with Ireland, and the fund is similar to an Irish fund, then rules very similar to those set out above for an Irish fund will apply, including those in respect of deemed disposals.

Where the fund is located in an EU, EEA or OECD country and has a double taxation agreement in place with Ireland, and the fund is not similar to an Irish fund, the profits, gains and distributions are taxed in the same way as an investment in shares in a company (as such there are no deemed disposals).

Where the fund is located in another territory (i.e. other than an EU, EEA or certain OECD countries), the tax treatment will depend on whether the fund is a “distributing fund” or not. Of note there are no deemed disposals.

Revenue guidance on the taxation of offshore funds is published in Tax and Duty Manual 27-04-01 (offshore funds located in an EU or EEA state or in an OECD member with which Ireland has a double tax agreement) and Tax and Duty Manual 27-02-01 (offshore funds located in other territories), which are available on the Revenue website.  

Tax treatment of investments in “distributing funds”

A distributing fund is a fund located in another territory (i.e. other than an EU, EEA or certain OECD countries), that distributes its profits to its unit holders from year to year.

The default position is that unless a fund applies to, and is certified by, Revenue as a distributing fund, it is a non-distributing fund. The list of distributing funds approved by Revenue is published on the Revenue website.

Investments in distributing funds are taxed in the same way as an investment in shares.  Income payments from a distributing offshore fund are subject to income tax under the general principles of taxation. USC and PRSI may therefore be applicable. Gains arising on disposals are subject to CGT at a rate of 40%.

The individual must account for any tax due under self-assessment. 

Tax treatment of investments in non-distributing Funds

Income payments from a non-distributing offshore fund (being any offshore fund located in another territory (i.e. other than an EU, EEA or certain OECD countries), that is not certified as a distributing fund), are subject to income tax under the general principles of taxation. USC and PRSI may be applicable.

Where a person disposes of an investment in a non-distributing offshore fund, income tax under Case IV will apply. Although these disposals are charged to income tax, the amount of the gains on the disposal is calculated according to general CGT rules. USC and PRSI may be applicable.

The individual must account for any tax due under self-assessment. 

Review of savings and investment

The issue of the taxation treatment of financial products has come to the fore since reductions in the rate of DIRT in 2017, which led to an analysis of the savings and investment trends apparent in society.

In 2018 officials in my Department published a report entitled The Taxation of DIRT and LAET - A review on the comparisons and tax treatment of DIRT and LAET. This report examined the tax treatment of financial products subject to DIRT and financial products subject to life assurance exit tax (LAET).  It concluded the products subject to DIRT and products subject to LAET are different in a number of respects, namely, the level and application of fees to clients, the level of risk and return and potential losses, and hence the way in which they are taxed.

This was further  reviewed in the most recent Capital and Savings Taxes Tax Strategy Group paper, published in September 2020. The conclusion was that the option to reduce rates of LAET to 33% would cost €22 million in a full year, and that it could have potential consequences for the tax treatment of other similar investment products. It was also felt that given the current fiscal pressures, the possibility of reducing the rate of LAET is significantly diminished, particularly given the lack of evidence to support any distortionary impact of the rate.  

Covid-19 Pandemic Supports

Questions (284)

Kathleen Funchion

Question:

284. Deputy Kathleen Funchion asked the Minister for Finance if his Department has considered extending the employment wage subsidy scheme to the owners of private childcare crèches; and if he will make a statement on the matter. [37992/21]

View answer

Written answers

Section 28B of the Emergency Measures in the Public Interest (Covid-19) Act 2020 provides for the operation of the Employment Wage Subsidy Scheme (EWSS), which 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.

While the criteria for eligibility for business in general is based on a reduction in turnover, as a result of the pandemic and having regard to the importance of maintaining the provision of childcare facilities so as to enable parents to continue in, or to take up, positions of employment, the legislation provided that childcare businesses in possession of tax clearance and registered in accordance with Section 58C of the Childcare Act 1991 are eligible for the EWSS.

The objective of the scheme 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 €3.8 billion and PRSI credit of over €627 million have been granted to 50,500 employers in respect of 609,700 workers.

I have been clear that there will be no cliff-edge to the EWSS and, as the Deputy will be aware from announcements made early last month, it has been decided that the scheme is now to be extended until the end of December 2021. For Q3 2021, the Government has decided to broadly maintain the status quo for EWSS, including the enhanced rates of support, with a modification to widen eligibility, and maintaining the reduced rate of Employers’ PRSI of 0.5%.

While the Government has agreed that the EWSS should be extended to end Q4 2021, it is too early as yet to prescribe the precise operational parameters of the scheme that should apply for that quarter. Decisions in that regard will be taken closer to the time, possibly around the end of August/early September, with the benefit of more up-to-date information on a number of variables, including the overall epidemiological situation, progress made in reopening all sectors of the economy, the vaccine efficacy, as well as the operation of the EWSS during the early parts of Q3.

Similarly, no decisions have been taken in relation to future of the scheme beyond the end of Q4, 2021.

It is important that, as the recovery gains further momentum, supports are further recalibrated in the longer-term interests of businesses that are in receipt of those supports and in the interests of the wider body of taxpayers. As such, and as already signalled, for Q4, consideration will be given to a future change to EWSS which will require an employer contribution towards employee wages. The precise manner in which such a change might be implemented is a matter to be considered.

The Deputy’s question refers to extending the EWSS to owners of private childcare crèches.   However, it is unclear what the Deputy might be specifically referring to.  As outlined above, all qualifying employers are entitled to claim the EWSS and in the case of the childcare sector, childcare businesses in possession of tax clearance and registered in accordance with Section 58C of the Childcare Act 1991 are eligible for the EWSS, in respect of the eligible employees on their payroll.

In the event that the Deputy is referring to sole traders who run private childcare crèches, it should be noted that the EWSS provides a flat-rate subsidy to qualifying employers based on the number of qualifying employees on the payroll. Subject to meeting the requisite conditions, a sole-trader’s business may be a qualifying employer for the purpose of the scheme, the same as is the case for any other employer. As was the case under the Temporary Wage Subsidy Scheme (TWSS), sole-traders are not able to claim the EWSS in respect of their own employment as they are not employees – and further, may not necessarily be paid via the payroll system unlike proprietary directors who are obliged to have PAYE operated on any payments made to them personally.

The EWSS is a significant economy wide support for employers, but it is not the only measure that the Government have put in place to support businesses at this time.

There are a range of other business support measures available. For those businesses who may need additional support during this period, I would draw attention to the comprehensive package of other business and employer supports that have been made available since the July Stimulus Plan and Budget 2021 - including the Covid Restriction Support Scheme (CRSS) which has been extended, the Credit Guarantee Scheme, the SBCI Working Capital Scheme, Sustaining Enterprise Fund, and the Covid-19 Business Loans Scheme. I also announced on 1st June last a new additional business support scheme (Business Resumption Support Scheme or BRSS) for businesses with reduced turnover as a result of public health restrictions to be implemented in September 2021.

The Government remains fully committed to supporting businesses and employers insofar as is possible at this time.

Question No. 285 answered with Question No. 269.

Child and Family Agency

Questions (286)

Joe Carey

Question:

286. Deputy Joe Carey asked the Minister for Public Expenditure and Reform his plans to allocate Tusla the required additional expenditure necessary to fund posts for those working in section 39 organisations in order to achieve pay parity and pay restoration following the award achieved by HSE section 39 organisations at the WRC; and if he will make a statement on the matter. [37181/21]

View answer

Written answers

I appreciate the valuable work of the community and voluntary sector that provide services to children, young people and families across Ireland.  The issues raised in the Deputy’s question relate to the funding of such organisations. Under Section 56 of the Child and Family Agency Act 2013, the funding of these organisations is a matter for the Minister for Children, Equality, Disability, Integration and Youth.

Covid-19 Pandemic

Questions (287)

Róisín Shortall

Question:

287. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform when the public will be informed of the action they need to take to obtain an EU Digital COVID Certificate; if these will take a paper or digital format; the issuing authority for the certificates; the way the public can upload their data to a certificate; if the technology to enable the Certificate in Ireland will be fully operational on or before 19 July 2021; and if he will make a statement on the matter. [37240/21]

View answer

Written answers

As the deputy is probably aware, the EU Digital COVID Certificate (DCC) is proof (in digital or paper format) that a person has either:

- been vaccinated against COVID-19;

- received a negative test result; or

- recovered from COVID-19 (valid for 180 days).

The DCC is not a travel document or a passport, but it will help people to travel safely within the EU/EEA during the COVID-19 pandemic.

The EU Digital COVID Certificate(DCC) in Ireland is being developed by a senior cross-departmental group chaired by Taoiseach's department, with my Department, through the OGCIO, being responsible for the technical component of the EU DCC production.

Work is ongoing to ensure that certificates are issued for 19th July where vaccinations have already taken place and automatically produced within a few days of new vaccinations. The certificates will issue by email in pdf format where an email address was provided or via the postal system where no email was recorded. The issuing authority is the Department of Health.

Updated advice on, and answers to frequently asked questions, about the EU DCC has been published on Gov.ie on the 8th of July 2021.

www.gov.ie/en/publication/3a698-eu-digital-covid-certificate/?referrer=http://www.gov.ie/digitalcovidcert/.  

Departmental Reviews

Questions (288)

Holly Cairns

Question:

288. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the details of the social impact assessments carried out by his Department and public bodies and agencies under his remit since 1 January 2016; and if he will make a statement on the matter. [37298/21]

View answer

Written answers

Social Impact Assessments (SIAs) are an analytical framework that are designed to examine the demographic profile of public services users, and how they are impacted by budgetary policy decisions. The framework complements existing budgetary impact assessment exercises conducted by my Department and the Departments of Finance, Employment Affairs and Social Protection and externally by the Economic and Social Research Institute (ESRI).  

Social Impact Assessments can be quantitative, measuring the change in incomes as a result of policy, or qualitative, offering a description of how policies affect households’ financial positions.  Within the SIA framework, households may be broken down into different groups based on income, economic status, household composition and age.

My Department has been involved in the development of 20 papers published under the Social Impact Assessment framework since 2016, spanning a number of policy areas including health, education, childcare, the labour market and the environment.  The details of these papers are set out in the table below.  In relation to the bodies under the aegis of my Department, no social impact assessments have been conducted during the specified timeframe.

Additional detail on Social Impact Assessments and the SIA framework can be found at the following link:

www.gov.ie/en/policy-information/615fe5-social-impact-assessment-framework/

Year

Title

Sector

2020

Social Impact Assessment – SEAI Programmes Targeting Energy Poverty

Environment

 

Social Impact Assessment Series Student Grant Scheme (SUSI Grants)

Education

2019

Prevention and Early Interventions Supporting Health and Well-Being in Older Age

Health

 

Programmatic Interventions for Children, Young People and their Parents

Childcare

 

Family Services Supporting Children and their Parents

Childcare

 

Social Impact Assessment (SIA): Acute Mental Health Services

Health

 

Social Impact Assessment (SIA): Nursing Home Support Scheme

Health

 

Public Service Obligation (PSO) Funding for Public Transport

Transport

 

SIA: Equality Budgeting – Relevant Findings from Ex Post Evaluation

Expenditure Reform

 

SIA: Domiciliary Care Allowance (DCA)

Social Protection

2018

Dialogues on Effective Prevention and Early Intervention Approaches in Human Services

Health

 

Early Learning and Childcare

Childcare

 

Educational Welfare

Education

 

SIA Series - Assessment of Living Standards during Recovery Period

Macro

 

SIA Series - Social Housing Supports

Housing

 

SIA Series - Childcare Supports

Childcare

 

SIA Series - Female Labour Market Participation

Labour Market

 

SIA Series - National Minimum Wage

Labour Market

2016

Social Impact Assessment of Targeted Childcare Schemes

Childcare

 

Social Impact Assessment of General Medical Services Scheme

Health

Heritage Sites

Questions (289)

Michael Fitzmaurice

Question:

289. Deputy Michael Fitzmaurice asked the Minister for Public Expenditure and Reform the capital budget allocation for heritage sites under the remit of the OPW in each of the years of 2018 to 2021, in tabular form; and if he will make a statement on the matter. [37608/21]

View answer

Written answers

OPW receives an annual allocation of voted funds to cover a wide range of capital projects across its entire portfolio of properties.  The annual total allocation is given below, together with the capital expenditure on heritage sites for each year.  The total expenditure for 2021 will not be known until end of year.  

-

2018

2019

2020

2021

OPW Capital Works allocations

€56.03m

€74.03m

€82.981m

€94.981m

Capital spend for Heritage   Services

€4.735m

€8.293m

€8.695

Confirmed at year end

 For clarity, it should be noted that this expenditure relates to capital works projects only and the following is excluded:

- cost of ongoing maintenance of estate, buildings or historic fabric

- operational costs such as staff wages, light and heat and other consumables etc.

It should also be noted that COVID-19 limitations had a substantial impact on the undertaking of works in 2020 and 2021.

Departmental Legal Cases

Questions (290)

Peadar Tóibín

Question:

290. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the number of legal cases brought against his Department in each of the past five years and to date in 2021; and if he will provide details on the nature of these cases. [37815/21]

View answer

Written answers

I wish to advise the Deputy that a deferred reply will be issued to him in respect of this Parliamentary Question, in line with Standing Order 51B.

Civil Service

Questions (291)

Richard Bruton

Question:

291. Deputy Richard Bruton asked the Minister for Public Expenditure and Reform if there is a delay in concluding reviews of civil service pensions as in the case of a person (details supplied) for which the review commenced at the end of 2020 but has not yet concluded. [37894/21]

View answer

Written answers

I would advise the Deputy that the pension benefits in this case are subject to the pensions benefit cap under section 52 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. The benefit cap imposes a limit on the total amount of pensionable service which can be taken into account when calculating the pension entitlements of a person who has been a member of more than one public service pension scheme. The civil servant in this case had prior service in the Permanent Defence Force.

In line with my Department’s interim guidance on the benefit cap, on retirement in July 2020, the individual’s civil service pension benefits were calculated and paid based on service up until 28 July 2012.

Following issue of the new benefit cap Circular (13/2020) in September 2020, the National Shared Services Office (NSSO), which administers the civil service pension scheme, sought the necessary detailed information on the prior Defence Force pension to enable the definitive application of the benefit cap to be done in this case, and the appropriate revision made to the civil service pension.

I understand that the necessary information has now been obtained and the process of applying the benefit cap will be finalised very shortly. The individual will be advised accordingly. The NSSO have been requested to ensure that there are no further delays in cases such as these.

Rights of People with Disabilities

Questions (292, 293)

Holly Cairns

Question:

292. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the progress made towards action 24 of the National Disability and Inclusion Strategy 2017-2021. [38085/21]

View answer

Holly Cairns

Question:

293. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the progress made towards action 25 of the National Disability and Inclusion Strategy 2017-2021. [38086/21]

View answer

Written answers

I propose to take Questions Nos. 292 and 293 together.

I am advised my colleagues are co-ordinating this information and will respond directly to the Deputy.

Question No. 293 answered with Question No. 292.

Flood Risk Management

Questions (294, 295, 296, 297)

Holly Cairns

Question:

294. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the status of the completion of the flood relief scheme in Bantry, County Cork; and if he will make a statement on the matter. [38087/21]

View answer

Holly Cairns

Question:

295. 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. [38088/21]

View answer

Holly Cairns

Question:

296. 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. [38089/21]

View answer

Holly Cairns

Question:

297. 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. [38090/21]

View answer

Written answers

I propose to take Questions Nos. 294 to 297, inclusive, together.

Bantry:

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. 

On 11 March 2021 Cork County Council, in partnership with OPW, issued the tender documentation for the procurement of Engineering Consultants, to develop, design and bring the scheme through construction, via www.etenders.gov.ie.  Tenders are due for return on 26 July 2021.

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.  In the meantime, Cork County Council has engaged a contractor to treat some of the invasive species in preparation for a flood relief scheme for the town.

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.

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.

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.

Skibbereen:

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.

In addition, some drainage works on Cork Road, which fall outside the remit of the main Scheme, have subsequently been 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.

Bandon:

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. The 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 agreed that urgent measures needed 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 successfully completed.

While these emergency works were critical in solving the immediate problem, 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 with the carrying out of any necessary works when the investigations are completed.

Clonakilty:

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 minor works to address outstanding items and snags will be completed by the contractor during the coming weeks.

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.

Question No. 295 answered with Question No. 294.
Question No. 296 answered with Question No. 294.
Question No. 297 answered with Question No. 294.

Outdoor Events

Questions (298)

Alan Dillon

Question:

298. Deputy Alan Dillon asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media her plans to scale up and increase attendances at outdoor sports and cultural events following the recent successful pilot live events: when an updated plan will be published for July, August and September 2021; and if she will make a statement on the matter. [37201/21]

View answer

Written answers

From 5 July the numbers permitted at outdoor organised events have increased to a maximum of 200 for the majority of venues, with a maximum of 500 for outdoor stadia/venues with a minimum accredited capacity of 5,000.  As part of the Government's phase plan for reopening our economy and society, we will again consider COVID-19 restrictions before the 19th of July.

COVID-19 is a highly infectious disease, which spreads when individuals and groups come into close contact with one another, enabling the virus to move from one person to another.  In certain settings, such as live performances and sporting events, higher noise levels, can force people into close proximity or require them to raise their voices or shout to communicate thus increasing the risk of spreading virus to others.  Such activities present a higher risk of transmission of COVID-19.    

As such, our approach to easing restrictions must continue to be cautious, gradual and phased, with sufficient time between any easing of measures to assess the impact. This will be critical to ensure that our progress in controlling the virus is maintained. Significant and sustained progress has been made on suppressing the virus over recent months due to the huge effort of people across the country. By working together, we have saved lives and limited the impact of the disease on society in Ireland. 

Pilot events are necessary as a proof of concept for the safe management of events in line with the guidelines whilst COVID-19 is still circulating in our communities. They assess and build confidence in the COVID-19 guidance and event management protocols developed by sectors. The pilot events have allowed the cultural and sports sector to put in place the necessary safety measures and have allowed for the safe return of spectators. These pilots are, subject to public health conditions, paving the way for greater attendances later in July and August.

I remain firmly committed to the full return of all live events at the earliest possible date, having regard to public health developments, and the pilot performances and sporting events, together with a wide range of horizontal and direct supports for the sector, are all part of a suite of measures designed to sustain and support the sector in its recovery.

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