Written Answers Nos. 233-247
234. Deputy Seán Canney asked the Minister for Public Expenditure and Reform his plans to change public works contracts to include a price variation clause to take account of the recent abnormal increases in the cost of building material; and if he will make a statement on the matter. [45771/21]
View answerGovernment 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). Public works contracts are fixed price contracts, which are to be comprehensively defined prior to tender. The contractor prices for the risk of increases in the cost of labour, materials and certain changes in law for the periods specified.
The provisions for inflation under a public works contract with a value in excess of €1m are as follows:
- The price remains fixed for a defined period, typically 30 months from the date of the award of the contract.
- After the expiry of the fixed price period, the contractor may recover the excess percentage above a 10% threshold on price increases that arise at the end of the fixed price period.
- Conversely, where the price of materials has decreased the Employer obtains the benefit of a reduction in the contract sum to the value of the percentage in excess of 10% for materials purchased after the fixed price period has expired.
- Where material price increases occur within the fixed-price period, there is a mechanism for adjusting the contract sum for hyperinflation in material costs. The increased costs above a 50% threshold in any one month may be recovered.
For projects with a value less than €1m there is no adjustment for price inflation because they are used on straightforward projects of short duration.
With the exception of occasional spikes due primarily to movements in key commodities, the price of construction materials has been reasonably predictable for almost a generation.
Significant increases in construction material prices have arisen suddenly since the beginning of this year. There are two main reasons:
1. Material shortages due to the disruption to supply chains; to manufacturing and logistics that has arisen since the onset of the pandemic;
2. Global economies are re-opening resulting in a sudden increase in demand.
Where price increases (or decreases) are consistent, they can be factored into the price. What differentiates the current situation is the uncertainty with respect to the intensity, duration and scale of the price movements.
Not all construction materials are displaying the same rate of increase, typically building projects are impacted to a greater extent than civil engineering projects due to the range of materials that are currently showing significant increases.
The Office of Government Procurement (OGP) is currently considering the optimum means to bring greater certainty with respect to future tenders in light of this uncertainty.
235. Deputy Dara Calleary asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media when the Covid-19 support package for coláiste samhraidh will be announced. [45810/21]
View answerI recently established a fund worth €2.2m to support eligible Gaeltacht families who normally provide accommodation for summer college students. This funding is being provided on foot of the cancellation of Irish language courses for the second summer in succession due to COVID-19.
Under a second and separate measure, further funding of c €240,000 is being provided by my Department to support the running of Gaeltacht community halls normally used by summer colleges.
Preparatory work in developing a third support measure, on foot of detailed engagement with all of the colleges, is nearing completion and I hope to formally announce the result of this process shortly.
The overall objective of all of these measures is to support the sector in making a full return to normal service in 2022, thus enabling it to continue to contribute to the systematic effort being made to support the Irish language and the Gaeltacht in line with overarching objectives of the Government’s 20-Year Strategy for the Irish Language 2010-2030 and the accompanying 5-Year Action Plan for the Irish Language 2018-2022.
236. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if he will consider increasing the Local Government Fund to address the ongoing lack of funding to Galway County Council. [45772/21]
View answerThe funding system that applies to local authorities is a complex one, as authorities derive their income from a variety of local sources including commercial rates, Local Property Tax (LPT), charges for goods and services and funding from Central Government. It is a matter for each local authority as to how it can maximise local income sources and manage its own spending, in the context of the annual budgetary process.
Central Government funding of local authorities similarly presents a complex picture, with transfers, both current and capital, coming from a wide range of Departments and Offices, not solely from my Department, for a variety of purposes. Some streams of funding are delivered directly from funding departments to local authorities, while others are routed through departmental agencies.
Most of the funding sourced from Central Government and provided to local authorities must be used for specified services. These can be grouped into 5 broad programme categories: recreational, education, environment, housing and transport.
In 2019, total transfers of funding from all central government sources to local authorities exceeded €2.6 billion. Additional detail on Central Government funding of local authorities is provided in the Comptroller and Auditor General's Annual Report, accessible at the following link:
www.audit.gov.ie/en/Find-Report/Publications/2020/2019-Annual-Report-Chapter-2-Central-government-funding-of-local-authorities.pdf
Across all schemes and funding sources my Department provided €51.1m in 2019 and €82.9m in 2020 to Galway County Council. The increase in 2020 was due to an increase in capital funding for housing, the Covid Rates waiver and for additional expenses and lost income due to the Covid pandemic. The payments in 2020 also included a once-off allocation of €1m. This funding was linked to the operation of municipal districts and was subject to a small number of requirements, including that the funding be divided equally among the municipal districts.
LPT was introduced to provide a stable and sustainable funding base for the local authority sector, providing greater levels of connection between local revenue and associated expenditure decisions. LPT broadens the tax base by reducing the level of central funding required by local government.
Local retention of LPT was introduced in 2015 and since then, 80% of the estimated LPT liability in each local authority area for a given year is retained in that area to fund public services, notwithstanding any local variation decisions. The remaining 20% of LPT is currently re-distributed via the Local Government Fund to provide equalisation funding to those local authorities that have lower property tax bases, due to the variance in property values and density across the country.
My Department recently confirmed provisional LPT allocations to local authorities for 2022 amounting to €528m, notwithstanding any local variation decisions. The €34.3m shortfall between the 20% contribution from all local authorities and the total amount required for equalisation is met by the Exchequer. Local authorities may vary their LPT rate by up to 15%; authorities that increase the rate retain 100% of the additional income, while local authorities that decrease the rate bear the full reduction in income. I note that Galway County Council has not opted to avail of this opportunity since 2018.
The Programme for Government 'Our Shared Future', commits to bringing forward LPT reforms. These reforms will involve bringing new homes, which are currently exempt from LPT, into the taxation system as well as providing for all money collected locally to be retained within the county. This will also be done on the basis that those counties with a lower LPT base are adjusted via an annual national equalisation fund paid from the Exchequer, as is currently the case.
When detailed information on the new LPT yield, becomes available following the revaluation process, my Department will review the allocation process.
237. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the grades of local authority employees who are permitted or disqualified from standing for local elections; and the relevant legislation in which this is outlined. [45804/21]
View answerSection 13 of the Local Government Act 2001 provides for disqualifications from local authority membership.
Section 13(1)(i) of the 2001 Act provides that a person who is employed by a local authority and is not the holder of a class, description or grade of employment designated by the Minister by order under section 161(1)(b) of the 2001 Act shall also be disqualified from membership of a local authority. Section 161 of the 2001 Act refers to restrictions on local authority employment and membership of a local authority.
In 2004, the then Minister for Environment, Local Government and Heritage, under Section 161 of the 2001 Act, signed the Local Government Act 2001 (Section 161) Order 2004 which provides that the disqualification set out in Section 13 would not apply in respect of “every class, description or grade of employment the maximum remuneration for which on the last date for receipt of nominations at a local election does not exceed the maximum remuneration for the grade of Clerical Officer”. Circular LG(P) 06/09 issued to local authority employees in this regard in May 2009.
238. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage the assistance being put in place for persons who are harvesting seaweed using traditional methods who wish to apply for a seaweed harvesting licence given that the window to register traditional seaweed harvesting rights on folios is drawing to a close (details supplied); if he plans to offer assistance with the environmental screening and assessments which are required as part of the licence application; the way he will ensure that the rights of tradional harvesters are respected and that seaweed harvesting process remains accessible to persons from the local community; and if he will make a statement on the matter. [45846/21]
View answerIn his speech at the Harnessing Our Ocean Wealth Summit in 2018, the then Minister with responsibility for the 1933 Foreshore Act, Minister Damien English T.D. clarified that certain rights, of both a formal and informal nature, to harvest seaweed exist and must be respected in the context of determination of applications to hand harvest seaweed under the 1933 Foreshore Act.
The legal registration of such informal rights, such as those that might be held by traditional seaweed harvesters, is a matter for the Property Registration Authority of Ireland (PRAI) and those wishing to register their rights should engage directly with them. Accordingly, my Department has no role in that process.
If a claim is being made for registration of a prescriptive right, section 38 of the Land and Conveyancing Law Reform Act 2009 (as amended by the Civil Law (Miscellaneous Provisions) Act 2011) applies. A claim can be established up until 30 November 2021. The current position is that a claimant may not make an application under the law that applied prior to the introduction of the Land and Conveyancing Law Reform Act 2009 after 30 November 2021. From 1 December 2021, any application would have to be made under the provisions set out in the 2009 Act itself. However, section 33(b)(ii) of the 2009 Act provides for a 60-year limitation period in respect of claims of prescriptive rights to take seaweed.
My Department will adjust its Seaweed Foreshore Licensing processes and procedures if needed, to reflect any future changes made to the Land and Conveyancing Acts which fall within the remit of the Department of Justice.
Details on the background and future plans related to Seaweed Harvesting are set out in Chapter 20 of the National Marine Planning Framework and can be viewed at the link below:
www.gov.ie/en/publication/60e57-national-marine-planning-framework/
239. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the reason the Valuation Office telephone helpline is currently closed; when the office will reopen; and if he will make a statement on the matter. [45862/21]
View answerThe Commissioner of Valuation is independent in the exercise of his functions under the Valuation Acts 2001-2020.
I am advised by the Commissioner that the Valuation Office telephone helpline is open. Its Public Office is open to members of the public on an appointment only basis. Further information is available directly from the Valuation Office, if required.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. The contact email address for the Valuation Office is oireachtas.enquiries@VALOFF.ie.
240. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the extent to which any pollution of the water supply has affected the various towns throughout north County Kildare and south County Meath; the degree to which the causes of such pollution have been identified; the reason the public were not immediately alerted; if any danger continues to exist for consumers; and if he will make a statement on the matter. [45907/21]
View answerThe Ballymore Eustace Plant provides a water supply to the areas of Dublin City Council, Dun Laoghaire Rathdown and North Kildare.
In a letter to my Department last week, the Environmental Protection Agency (EPA) outlined two serious incidents in recent weeks that occurred in drinking water plants serving parts of Dublin City and surrounding areas (the Ballymore Eustace water treatment plant) and in Gorey, Co. Wexford. This included, in the case of Gorey, illnesses detected by the HSE in the community served by that water supply.
It is important to note that these incidents have been rectified and the water supply from the two plants is now safe to drink.
In their letter, the EPA stated that an abject failure in management oversight, operational control and responsiveness at two public drinking water treatment plants had allowed unsafe water to enter into the public drinking water supply and endanger public health.
I find the failures identified by the EPA concerning and unacceptable – peoples’ safety is paramount. Our drinking water must be wholesome and clean and delivered by supply systems that are secure and reliable.
Following the receipt of the EPA’s letter, I met with the Managing Director of Irish Water as well as both the Chief Executives of Dublin City Council and Wexford County Council at the weekend. I have requested Irish Water to immediately undertake an audit of each water treatment plant across the country. Irish Water will prioritise the 20 largest water treatment plants, visiting each of them, to ensure that proper processes are in place in terms of dealing with and escalating any incidents which may arise. Irish Water’s Managing Director and the local authority Chief Executives each assured me of their full cooperation and that their organisations would be working together to put in place the urgent and necessary corrective measures.
Irish Water will also work with each local authority over the coming two weeks, conducting re-fresher training on incident reporting for all plants. Where appropriate, Irish Water will now put its own staff on site, to ensure the continued safety of water treatment plants. I have also requested that local authorities work with Irish Water to improve the linkages with the Irish Water National Water Control centre.
Ultimately, there are limitations to the current working arrangements between Irish Water and local authorities and it is impacting on the delivery of services. A process is underway in the Workplace Relations Commission (WRC) to deliver the transformation of this service but I have also requested that Irish Water and local authorities to take further steps to improve Irish Water control of all water service plants in the immediate term pending the implementation of the agreed longer term operational and staffing arrangements. I will meet again with Irish Water and the local authorities in question on Monday, 04 October 2021.
241. Deputy Cian O'Callaghan asked the Minister for Foreign Affairs the status of a passport application by a person (details supplied); and if he will make a statement on the matter. [45760/21]
View answer252. Deputy Michael Ring asked the Minister for Foreign Affairs if a passport will issue to a person (details supplied) in County Mayo in view of the fact that they have travel arrangements. [45859/21]
View answerI propose to take Questions Nos. 241 and 252 together.
With regard to the specific applications about which the Deputies have enquired, the Passport Service has already issued a passport to the applicant.
The current turnaround times are 10 working days for Simple Adult renewals, 15 working days for Complex renewals, 40 working days for First Time Applications on Passport Online and 8 weeks for Passport Express for applications which have been completed correctly.
242. Deputy Brendan Griffin asked the Minister for Foreign Affairs if the rapid passport renewal service will be reopened; the timeline for passport offices to reopen to the public; and if he will make a statement on the matter. [45762/21]
View answerIn line with the continued scaling up of Passport Services my Department are actively planning for the opening of our Public Offices for the processing of urgent applications for those renewing their passport. This service will resume initially in the public office of the Passport Service in Dublin and we will be making a public announcement on the specific date very soon.
The current Passport processing turnaround times are:
- 10 working days for Simple Adult renewals,
- 15 working days for Complex renewals,
- 40 working days for First Time applications on Passport Online and
- 8 weeks for Passport Express.
Almost 45% of passports for simple adult renewals continue to issue within one business day while more complex applications take longer.
The Passport Service has received approximately 500,000 applications in 2021 to date, with 111,000 under process. These applications comprise of 63,000 valid applications which are with the Passport Service and 43,000 incomplete applications that require action by the applicant.
25% of valid applications are for adult renewals, 16% are complex renewals for children and 59% are for first time applications.
First time applications for adults and children are complex applications involving measures to assure the true identity of the applicant, their entitlement to Irish citizenship and, in the case of children, that all guardians have consented to the issuing of the passport. Particular complexity relates to the processing of application from children born in Ireland after 2004 due to the need to verify entitlement for Irish citizenship.
243. Deputy James Lawless asked the Minister for Foreign Affairs the status of an application for a passport by a person (details supplied); and if he will make a statement on the matter. [45785/21]
View answer244. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs when a passport will issue in the case of a person (details supplied); if an individual and specific reply will be provided by him; and if he will make a statement on the matter. [45797/21]
View answerI propose to take Questions Nos. 243 and 244 together.
With regard to the specific applications about which the Deputies have enquired, the Passport Service has provided an update as to the steps they must take to progress their passport application.
The current turnaround times are 10 working days for Simple Adult renewals, 15 working days for Complex renewals, 40 working days for First Time Applications on Passport Online and 8 weeks for Passport Express for applications which have been completed correctly.
245. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if a passport can be issued in the case of a person (details supplied); if an individual and specific reply will be provided by him; and if he will make a statement on the matter. [45798/21]
View answer247. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs when a passport is likely to issue in the case of a person (details supplied); if an individual and specific reply will be provided by him; and if he will make a statement on the matter. [45800/21]
View answer248. Deputy Cian O'Callaghan asked the Minister for Foreign Affairs the status of a passport application by a person (details supplied); and if he will make a statement on the matter. [45805/21]
View answerI propose to take Questions Nos. 245, 247 and 248 together.
With regard to the specific applications about which the Deputies have enquired, the Passport Service has provided an update on the status of the passport application to the applicant.
The current turnaround times are 10 working days for Simple Adult renewals, 15 working days for Complex renewals, 40 working days for First Time Applications on Passport Online and 8 weeks for Passport Express for applications which have been completed correctly.
246. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs when a passport will issue in the case of a person (details supplied); if an individual and specific reply will be provided by him; and if he will make a statement on the matter. [45799/21]
View answerWith regard to the specific application about which the Deputy has enquired, the Passport Service cannot process an application until the required supporting documents have been received.
The current turnaround times are 10 working days for Simple Adult renewals, 15 working days for Complex renewals, 40 working days for First Time Applications on Passport Online and 8 weeks for Passport Express for applications which have been completed correctly.
