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Thursday, 18 May 2023

Written Answers Nos. 230-237

Public Spending Code

Questions (230)

Rose Conway-Walsh

Question:

230. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform when he will publish the review of alternative dispute resolution provisions; and if he will make a statement on the matter. [23924/23]

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Written answers

It is not clear from the Deputy's question as to what the review of alternative dispute resolution provision relates. My Department has sought clarification from the Deputy but, so far, this has not been provided. If the Deputy were to expand on the question, I could review further. 

Public Spending Code

Questions (231)

Rose Conway-Walsh

Question:

231. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the annual value of EAP contracts in 2022 by Department; the successful external applicant and the value of each contract, in tabular form; and if he will make a statement on the matter. [23925/23]

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Written answers

The majority of public investment projects are delivered on budget and on time and there is a high level of professionalism across the sectors. However, noting the higher risk profile of larger projects, my Department introduced additional procedures in November 2021 in order to improve project out-turns, avoid cost overruns and avoid delays to project delivery.

Responding to this need, DPENDPDR put in place an External Assurance Process (EAP) to provide independent scrutiny for major public capital projects (for projects which cost in excess of €100m when introduced, increased to €200m as of March 2023). This involves independent expert reviews at the Preliminary Business Case (approval in principle) stage of the project lifecycle.

The purpose of the EAP is to improve value for money and support funding departments and Government with expert insight relating to project risks, delivery feasibility, and robustness of costings, governance and procurement. Funding departments can avail of external assurance services and independent expertise through a framework of qualified service providers which has been established by this Department.

The application of the external review process is the responsibility of approving authorities, the spending Departments in the main, and their Accounting Officers in order to rigorously assess business cases that have been issued to them from their Sponsoring Agencies. The responsibility is on approving authorities to procure for the external review from a framework of experts and to ensure the feedback from the review is reflected in any updated business case.

Therefore, the information requested by the Deputy is a matter for the Departments who procured the External Reviews. To date, this applies to the following Departments:

• Department of Housing, Local Government and Heritage

• Department of Further and Higher Education, Research, Innovation and Science

• Department of Health

• Department of Tourism, Culture, Arts, Gaeltacht, Sports and Media

Office of Director of Public Prosecutions

Questions (232)

Rose Conway-Walsh

Question:

232. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the allocated funding for the Office of the Director of Public Prosecutions for each year since 2006, in tabular form; and if he will make a statement on the matter. [23927/23]

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Written answers

The office of the Director of Public Prosecutions (DPP) was established by law under the Prosecution of Offences Act, 1974. Total gross expenditure in the Office as set out in the annual REVs over the period 2006 to 2023 is set out in the table below. In 2006, the Office spent €31.7 million. In the period since 2013, expenditure has increased by €17 million or by 46 per cent.

€56 million in 2023 represents a record allocation and will facilitate the office to deliver on its substantial remit.

Gross Total Expenditure in the Office of the Director of Public Prosecutions, 2006 to 2023 (€000s)

 

 €000s

2006

31,734

2007

34,976

2008

44,359

2009

45,733

2010

42,490

2011

37,820

2012

39,890

2013

38,389

2014

37,813

2015

38,839

2016

39,861

2017

41,848

2018

44,466

2019

43,719

2020

44,813

2021

45,549

2022

52,097

2023

56,078

Public Spending Code

Questions (233)

Rose Conway-Walsh

Question:

233. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the rationale for introducing the technical reviews conducted by his Department with external assurance process; if he will outline any research that supported the policy decision; and if he will make a statement on the matter. [23929/23]

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Written answers

The Government has committed to €165 billion in capital investment through the National Development Plan (NDP) published in 2021. As a percentage of national income, annual capital investment is now among the largest in the EU. In 2023, almost €12 billion will fund vital infrastructure in areas such as housing, transport, education, enterprise, sport and climate action. Achieving value for money and reducing cost and schedule overruns is a vital part of delivering the NDP.

My Department is responsible for the Public Spending Code (PSC), which sets the value for money requirements and guidance for evaluating, planning and managing Exchequer-funded capital projects. Management and delivery of investment projects and public services within allocation and the national frameworks is a key responsibility of every Department and Minister.

The majority of public investment projects are delivered on budget and on time and there is a high level of professionalism across the sectors. However, noting the higher risk profile of larger projects, it was recognised that new procedures were required in order to improve project out-turns, avoid cost overruns and avoid delays to project delivery.

Responding to this need, my Department put in place an External Assurance Process (EAP) to provide independent scrutiny for major public capital projects (projects which cost in excess of €200m). This involves an independent expert reviews at the key Preliminary Business Case stage of the project lifecycle (when approval in principle is sought). Incorporating the external reviews before this approval stage enables the Approving Authority to take account of any recommendations and mandate further action before proceeding with the next substantive decision regarding whether and how to proceed with the project.

The purpose of the EAP, for major projects, is to improve value for money and support funding departments and Government with expert insight relating to project risks, delivery feasibility, and robustness of costings, governance and procurement. Funding departments can avail of external assurance services and independent expertise through a framework of qualified service providers which has been established by my Department.

In addition to the EAP process, the Major Projects Advisory Group was set up by the Department to assist us in our project oversight role. Four external experts with extensive experience in planning, managing and delivering major projects were appointed to the Group. This Group scrutinise major project proposals prior to Government consideration and over the last two years have been carrying out this role across significant NDP projects in healthcare, transport and housing, helping to ensure improved project outturns, avoid cost overruns and avoid delays to project delivery.

The External Assurance Process replaced the technical reviews undertaken by the NIO in DPENDR. However Government departments, as Approving Authorities, are to still carry out assessments of proposals at each stage of the project lifecycle. The Accounting Officer for the relevant Government department must ensure:

• Compliance with the Public Spending Code;

• Compliance with sector-specific appraisal guidance; and

• Appropriate policy and programme fit.

Experience from other countries which have introduced similar independent assurance processes shows that such arrangements reduce project schedule delay and cost overruns. For example, in Norway, a comparative study found that 80% of projects undertaking quality assurance review were completed within budget and in Denmark, the Danish Ministry of Transport and Buildings found that their appraisal model (of which external reviews forms a significant part) significantly improved budget accuracy and contributed to cost reductions.

Flood Risk Management

Questions (234)

Jackie Cahill

Question:

234. Deputy Jackie Cahill asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will investigate the case of a person (details supplied); and if he will make a statement on the matter. [23935/23]

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Written answers

The Kilmastulla River forms part of the Kilmastulla Drainage District. Statutory responsibility for the maintenance of the Drainage District lies with the relevant Local Authority, in this case Tipperary County Council.

Employment Rights

Questions (235)

Aodhán Ó Ríordáin

Question:

235. Deputy Aodhán Ó Ríordáin asked the Minister for Enterprise, Trade and Employment when his Department expects to proceed with the next stage of the Employment Permits Bill 2022; and if he can confirm that the Bill will be amended by Government to allow workers to change employer more easily. [23726/23]

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Written answers

The Employment Permits Bill 2022 has been drafted to respond to the need to consolidate existing employment permits legislation, to modernise some provisions, and to facilitate a more flexible approach to the employment permits system in Ireland.

The ability for permit holders to transfer to a new employer, inside the existing permit duration, and without the need for a new employment permit application, is proposed under the Bill for General Employment Permits (GEP) and the Critical Skills Employment Permits (CSEP).  Drafting provisions have been prepared to make it easier for the permit holder to notify my Department in the event of a change of employer and therefore continue to remain in employment in the State.

Second stage of the Bill occurred on 12 October 2022 and Minister for Business, Employment and Retail Damien English raised the Employment Permits Bill 2022 for reading at the Joint Oireachtas Committee for Enterprise, Trade and Employment on 30th November 2022.  Dáil Report Stage is expected to take place prior to the summer recess.

Small and Medium Enterprises

Questions (236)

Brendan Smith

Question:

236. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Employment if he will pursue immediately with an international company the concerns outlined by a retail representative organisation (details supplied) regarding the withdrawal of products from a large number of shops throughout the country which would impact negatively on smaller scale retail stores; and if he will make a statement on the matter. [23774/23]

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Written answers

I would like to thank the Deputy for his question.

I have had sight of the correspondence.

I cannot comment on a contractual relationship between commercial enterprises.

Consumer Protection

Questions (237)

Peadar Tóibín

Question:

237. Deputy Peadar Tóibín asked the Minister for Enterprise, Trade and Employment the number of fines that have been enforced for each year of the existence of the Competition and Consumer Protection Commission's existence; and the total euro value for fines enforced by the Competition and Consumer Protection Commission for each year of its existence. [23891/23]

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Written answers

The Deputy requested details of the fines enforced by the CCPC since its establishment in 2014. It is important to note that the CCPC’s ability, as opposed to the Court’s power, to impose a fine directly on a trader for breaching consumer protection law, is limited to issuing a Fixed Payment Notice (FPN). Originally, this was a set fine of €300, but since the enactment of the Consumer Rights Act 2022, it is now up to €1,500. The enclosed table provides details of the fines enforced by the CCPC, it does not include details of the fines imposed by the Courts on foot of the CCPC's activities.

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