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Tuesday, 27 Jun 2023

Written Answers Nos. 253-275

Ethics in Public Office

Questions (253)

Catherine Connolly

Question:

253. Deputy Catherine Connolly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the status of the implementation of the recommendations of the Report of the Review of Ireland's Statutory Framework for Ethics in Public Office; and if he will make a statement on the matter. [31300/23]

View answer

Written answers

Responsibility for the policy to which the Deputy’s question relates was transferred to the Minister for Finance with effect from 1 March 2023. This was done by way of the Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No.89 of 2023). Pending a further statutory instrument to reverse this position, the Minister for Finance continues to be the Minister responsible.

I understand from the Minister for Finance that his Department is preparing a draft scheme for legislative reform in consultation with relevant Ministers and informed by the outcome of the Review. It is his intention that the General Scheme will be brought to Government for approval to publish during 2023.

Public Spending Code

Questions (254)

Catherine Connolly

Question:

254. Deputy Catherine Connolly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform for details of the engagement his Department has had with the Department of Health and the HSE with regard to the recent changes to the public spending code, and in particular the introduction of a three-stage approvals process, and the impacts of these changes on an ongoing project (details supplied); and if he will make a statement on the matter. [31301/23]

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Written answers

In March this year, I informed Government of a package of significant actions aimed at enhancing project delivery for the NDP and announced that the Public Spending Code will be replaced by a set of Infrastructure Guidelines. This package represents a fresh approach to securing delivery as part of the Department's enhanced remit around the NDP.

The actions include significant changes to reduce the administrative burden for Departments and public bodies developing capital projects. One of these specific changes is the reduction of the number of approval stages prior to implementation from 5 to 3, reducing the administrative burden on Government departments charged with developing and delivering projects. Additionally, the general threshold for major projects is increasing from €100m to €200m.

The 3 approval stages prior to implementation are:

1. Strategic Assessment & Preliminary Business Case - approval by the Approving Authority is approval in principle for the proposal.

2. Pre-tender - Detailed Project Brief and Procurement Strategy - approval by the Approving Authority is approval for the project to proceed to tender

3. Post-tender - Final Business Case - approval by the Approving Authority is approval to award the main construction contract.

For major projects (those over €200 million), the relevant Approving Authority is required to seek Government consent at 2 stages, the Preliminary Business Case stage and the Final Business Case stage (stages 1 and 3 above).

These updates were implemented after a high-level review among Secretaries Generals in key capital spending departments was commenced in April 2022 in order to review the requirements of the Code. Following a series of meetings, this group set out a series of six key principles to be referred to a practitioner group of experienced public servants across Government departments to consider. The practitioner group was tasked with considering the principles and returning to the Secretary General group with recommendations as to how the PSC could operate in a more streamlined manner and take account of the appropriate legal responsibilities of Accounting Officers. The Department of Health was involved in this review process at both the Secretary General and Practitioner Group level.

For public investment proposals, which are already progressing through the project expenditure lifecycle, Sponsoring Agencies and Approving Authorities should ensure that these comply with the requirements in the updated guidance as they move forward and in particular as the reach the next approval stage.

A Strategic Assessment Report for the proposed new emergency department and women and children's block at University Hospital Galway was submitted by the Department of Health to the National Investment Office in my Department for technical review on 8 March 2023. As this was submitted before circular 06/23 which implemented the changes to the Public Spending Code referenced above, the technical review was carried out by the NIO and returned to the Department of Health on the 11 April 2023. Further appraisal of this project will be carried out in line with the updated guidance.

Brexit Supports

Questions (255)

Pádraig Mac Lochlainn

Question:

255. Deputy Pádraig Mac Lochlainn asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide a full list of the cost of projects being considered for inclusion in Ireland's Brexit adjustment reserve, BAR, claim to the EU Commission in September 2024, which is estimated to amount to €0.7 billion; and if he will make a statement on the matter. [31316/23]

View answer

Written answers

The European Union’s Brexit Adjustment Reserve (BAR), provides support to counter the adverse economic, social, territorial and, environmental consequences of the withdrawal of the UK from the European Union.

The application for BAR funding must set out the negative impacts of the withdrawal of the UK from the European Union and how the measures carried out under the Fund alleviate the adverse consequences. The Government has therefore, over a series of budgets, allocated BAR funding across a number of impacted sectors in order to mitigate those adverse effects of Brexit and to adapt to regulatory changes.

Following agreement to transfer €150 million to the National Recovery and Resilience Plan, Ireland’s allocation from the reserve will be €1.015 billion. This transfer is to be made from Ireland’s overall BAR allocation. Ireland’s allocation now represents approximately 30% of the overall BAR fund, following transfers by other Member States to their National Recovery and Resilience Plans.

The Government has made significant allocations across a range of sectors, both before and during the 4-year BAR period. In order to be eligible for BAR funding, the expenditure must fall within the BAR eligibility period for expenditure runs from the 1st of January 2020 to the 31st of December 2023.

Following the BAR Regulation coming into force in October 2021, specific funding of €389 million was provided in Budgets 2022 and 2023 across a number of sectors. This was allocated as follows.

Department

€m

Agriculture

271

Enterprise

15

Further and Higher Education, Research, Innovation and Science

37.3

Public Expenditure, NDP Delivery and Reform

4.4

Foreign Affairs

2.2

Tourism Culture Arts Gaeltacht Sports and Media

7.75

Environment Climate and Communications

24

Health

5.5

Justice

21.5

Transport

0.1

Total

389

Further funding can also be considered for allocation over the remainder of 2023. This would include consideration of funding in relation to permanent infrastructure at Rosslare port required for customs and SPS checks.

Officials in my Department are currently engaging in a review exercise of Brexit related spending, from the 1st of January 2020 to the end of December 2023, for possible inclusion in Ireland’s BAR claim to the EU Commission in September 2024. This involves engaging with Departments on spending since 2020 outside of that allocated under Budgets 2022 and 2023 which may qualify for inclusion in the BAR claim. A figure of approximately €0.7 billion has been identified in this regard. The Department of Agriculture, Food and the Marine; the Department of Enterprise, Trade and Employment; and Revenue are likely to account for a significant amount of that €0.7 billion figure. It should be noted that, in addition to all of the above, the Government also provided significant funding to prepare for Brexit prior to the BAR eligibility period.

The exact makeup of Ireland's BAR claim will not be decided until the claim is submitted in September 2024. My Department continues to review and assess all spending identified as Brexit-related for inclusion in the final BAR claim. Because this work is ongoing, and because further funding can be considered for allocation during the remaining months of 2023, it is not possible at this time to confirm final amounts of expenditure in any sector.

Question No. 256 answered with Question No. 70.

Brexit Supports

Questions (257)

Pádraig Mac Lochlainn

Question:

257. Deputy Pádraig Mac Lochlainn asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the amount of Brexit adjustment fund, BAR, funding he plans to allocate to his Department in budget 2024 and specifically for marine related measures; and if he will make a statement on the matter. [31318/23]

View answer

Written answers

The European Union’s Brexit Adjustment Reserve (BAR), provides support to counter the adverse economic, social, territorial, and environmental consequences of the withdrawal of the UK from the European Union. Initially €5.47 billion was allocated to the reserve while Ireland’s initial allocation was €1.165 billion. Following agreement with the EU Commission to transfer €150 million to the National Recovery and Resilience Plan, Ireland’s allocation from the reserve is €1.015 billion or approximately 30 per cent of the overall BAR fund, following transfers by other Member States to their National Recovery and Resilience Plans.

The application for BAR funding must set out the negative impacts of the withdrawal of the UK from the European Union and demonstrate how the measures carried out under the reserve alleviate the adverse consequences. To be eligible for funding, expenditure must fall within the BAR reference period for eligibility which runs from 1st January 2020 to 31st December 2023. Since the BAR Regulation came into force in October 2021, the Government has allocated BAR funding of €389 million in Budget 2022 and Budget 2023 across a range of sectors to mitigate the impact of Brexit. This is set out in the table below. As the BAR eligibility period for expenditure ends on the 31st December 2023, no BAR funding will be allocated in Budget 2024 for 2024.

Department

€m

Agriculture

271

Enterprise

15

Further and Higher Education, Research, Innovation and Science

37.3

Public Expenditure, NDP Delivery and Reform

4.4

Foreign Affairs

2.2

Tourism Culture Arts Gaeltacht Sports and Media

7.75

Environment Climate and Communications

24

Health

5.5

Justice

21.5

Transport

0.1

Total

389

Reflecting the potentially heterogenous impact of Brexit across Member States, under the BAR Member States were given sufficient flexibility to design measures and allocate expenditure most appropriate to their own situation. The exception to this was in respect of fisheries where a minimum amount of expenditure was ringfenced to support the sector. €55.6 million was to be allocated to fisheries from Ireland's overall BAR allocation initially. Following the agreement to transfer €150 million to the National Recovery and Resilience Plan, the minimum amount to be allocated for fisheries and marine is now €48.5 million.

To date, my Department has provided sanction to the Department of Agriculture, Food and the Marine for approximately €287 million of BAR expenditure to support the Fisheries and Marine sector in response to the adverse impact of Brexit. This exceeds the minimum amount required by the EU. The relevant fishing and marine measures sanctioned by my Department to date include, but are not limited to:

• Temporary Fleet Tie-up schemes,

• Brexit Voluntary Permanent Cessation Scheme,

• the Brexit Sustainable Aquaculture Growth Scheme, and

• a Capital support scheme for the seafood processing sector.

In addition to the allocations made in Budget 2022 and Budget 2023, my Department has been engaging with other Departments to identify and review other Brexit-related spending outside of that allocated under Budget 2022 and 2023, which may qualify for inclusion including in the area of fisheries and the marine. Work is ongoing to verify this Brexit-related funding allocated across 2020 to 2023 for inclusion in Ireland’s final BAR claim to be submitted in September 2024.

Public Services Provision

Questions (258)

Marc Ó Cathasaigh

Question:

258. Deputy Marc Ó Cathasaigh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will outline the legal obligations on the civil and public service to assist residents in Ireland to access State services through the provision of translation and interpretation assistance, where those seeking to access services do not have English or Irish as a first language; and if he will make a statement on the matter. [31332/23]

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Written answers

Under the Public Sector Equality and Human Rights Duty, all public service public bodies have a responsibility to promote equality, prevent discrimination and protect the human rights of their employees, customers and service users in accordance with Section 42 of the Irish Human Rights and Equality Act 2014. All public service organisations also have a responsibility to deliver quality services. The guidelines on implementing Customer Action Plans and Customer Charters under the Quality Customer Service (QCS) initiative developed by my Department clearly set out the standards of service that customers can expect. The guidelines assist organisations to adhere to the 12 principles of the QCS initiative. The guiding principles include equality, diversity, and (where feasible) customer choice in service delivery. Government Departments and Public Service Bodies provide interpretation services to meet the needs of their customers. For example, the Department of Social Protection provides such services through their Intreo Centres and the National Office for Social Inclusion in the HSE provides a range of multilingual resources and translated information. The HSE has also published good practice guidelines for staff in the provision of interpretation services. Agencies in the Justice sector, such as the Courts Service, An Garda Síochána, the International Protection Office and the Prison Service, also provide interpretation services.

In addition, the Migrant Integration Strategy which was extended to 2022 provided for, inter alia, actions in relation to information to migrants in language-appropriate formats and signage in public offices indicating where interpretation is available. The Programme for Government has committed to developing a successor to that strategy and I understand that planning is underway in that regard in the Department of Children, Equality, Disability, Integration and Youth.

Public Services Provision

Questions (259)

Bernard Durkan

Question:

259. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the benefit accruing the Exchequer arising from the implementation of reform proposals across all Government Departments and subsidiaries thereof; and if he will make a statement on the matter. [31342/23]

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Written answers

The Public Service provides frontline and vital services around the country every day. It is also plays a critical role in supporting economic and social progress and due to its size, scale and level of investment in public services, it is an important source of employment and contributor to the wider economy.

Achieving tangible reform outcomes remains a key priority of my Department. The recently launched public service transformation strategy to 2030, ‘Better Public Services’, is aimed at delivering for the public and building trust. The vision set out in the strategy is for ‘Inclusive, high quality and integrated Public Service provision that meets the needs, and improves the lives, of the people of Ireland’. It will be achieved through implementing priorities under its three themes of Digital and Innovation at Scale; Workforce and Organisation of the Future and Evidence-Informed policy and services designed for and with our public. This strategy is a successor to the Our Public Service 2020 programme and builds on the achievements that the Public Service has achieved in recent years. It is aligned to Civil Service Renewal 2030 and Connecting Government 2030 the Digital and ICT Strategy for the Public Service and complements other reform initiatives thereby presenting one coherent framework for reform for the Civil and Public Service.

The emphasis of the strategy is on service delivery and supporting better public services for our people and of course our businesses. Public Service Bodies are key to achieving the ambition in the strategy and are tasked with identifying and prioritising actions in relation to each theme. They are requested to have regard to the priorities set out in this document in developing their corporate strategies; and to align the delivery of their own reform priorities in their business plans with the Public Service Transformation Framework and to report progress through their annual reports.

Other initiatives my Department is responsible for are aimed at managing public expenditure and ensuring we get the best possible outcomes for that expenditure. These include the spending review programme, performance budgeting and green budgeting programmes and the wellbeing framework, all of which are considered as part of our ongoing reform agenda. Monitoring and oversight of the delivery of public services is a core part of our public expenditure framework.

In this context, the Deputy may wish to note that I published the 2022 Public Service Performance Report on 21st June. The report provides a comprehensive account of the delivery of public services across all Government Departments last year. The Public Service Performance Report is an important step in demonstrating the performance of public services, presenting the spending in each sector along with key outputs and outcomes for that area. The performance-budgeting initiative has sought to strengthen the focus on what the public service delivers with public funds and to build this into the policy-making process.

Identifying outcome indicators is challenging and measuring outcomes is not straightforward, as many other contextual factors may affect the quality/provision of goods and services. However, the benefits from greater accountability and better targeting of policy outcomes can be significant.

Public Services Provision

Questions (260)

Bernard Durkan

Question:

260. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the extent to which reform has featured throughout all Government departments in a way to ensure the benefits are experienced throughout the economy; and if he will make a statement on the matter. [31343/23]

View answer

Written answers

The Public Service provides frontline and vital services around the country every day. It is also plays a critical role in supporting economic and social progress and due to its size, scale and level of investment in public services, it is an important source of employment and contributor to the wider economy.

Achieving tangible reform outcomes remains a key priority of my Department. The recently launched public service transformation strategy to 2030, ‘Better Public Services’, is aimed at delivering for the public and building trust. The vision set out in the strategy is for ‘Inclusive, high quality and integrated Public Service provision that meets the needs, and improves the lives, of the people of Ireland’. It will be achieved through implementing priorities under its three themes of Digital and Innovation at Scale; Workforce and Organisation of the Future and Evidence-Informed policy and services designed for and with our public. This strategy is a successor to the Our Public Service 2020 programme and builds on the achievements that the Public Service has achieved in recent years. It is aligned to Civil Service Renewal 2030 and Connecting Government 2030 the Digital and ICT Strategy for the Public Service and complements other reform initiatives thereby presenting one coherent framework for reform for the Civil and Public Service.

The emphasis of the strategy is on service delivery and supporting better public services for our people and of course our businesses. Public Service Bodies are key to achieving the ambition in the strategy and are tasked with identifying and prioritising actions in relation to each theme. They are requested to have regard to the priorities set out in this document in developing their corporate strategies; and to align the delivery of their own reform priorities in their business plans with the Public Service Transformation Framework and to report progress through their annual reports.

Other initiatives my Department is responsible for are aimed at managing public expenditure and ensuring we get the best possible outcomes for that expenditure. These include the spending review programme, performance budgeting and green budgeting programmes and the wellbeing framework, all of which are considered as part of our ongoing reform agenda. Monitoring and oversight of the delivery of public services is a core part of our public expenditure framework.

In this context, the Deputy may wish to note that I published the 2022 Public Service Performance Report on 21st June. The report provides a comprehensive account of the delivery of public services across all Government Departments last year. The Public Service Performance Report is an important step in demonstrating the performance of public services, presenting the spending in each sector along with key outputs and outcomes for that area. The performance-budgeting initiative has sought to strengthen the focus on what the public service delivers with public funds and to build this into the policy-making process.

Identifying outcome indicators is challenging and measuring outcomes is not straightforward, as many other contextual factors may affect the quality/provision of goods and services. However, the benefits from greater accountability and better targeting of policy outcomes can be significant.

Public Procurement Contracts

Questions (261)

Bernard Durkan

Question:

261. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the extent to which reform has become a feature of public procurement with a view to ensuring prompt delivery of projects and contracts; and if he will make a statement on the matter. [31344/23]

View answer

Written answers

Public procurement directives apply to all Member States within the European Union. EU Procurement Directive 2014/24/EU which concerns the procurement of goods, services and works has been transposed into Irish Law in the form of corresponding Regulations under SI No. 284 of 2016 which form the legal basis for the national rules governing public procurement. The aim of these regulations is to promote an open, competitive and non-discriminatory public procurement regime that delivers best value for money. The legislative basis for public procurement in Ireland is fully aligned with regulatory norms throughout the EU.

Public procurement reform is a key aspect of the overall public service reform programme launched in 2011. As a result, the Office of Government Procurement was established in 2013 to deliver:

• Greater aggregation of purchasing across public bodies to achieve better value for money;

• Integration of procurement policy, strategy and operations in one office;

• Strengthening of spend analytics and data management; and

• Strengthening of vendor and category management.

The Procurement Reform Programme has enjoyed considerable success to date. Governance arrangements have been established to foster collaboration and cooperation across the main sectors of Central Government, Health, Local Government, Education and Defence. Through the development of a suite of centralised arrangements, the Government’s purchasing power has been leveraged by speaking to the market with ‘one voice’.

In line with the Programme for Government: Our Shared Future, the focus now is to further develop the potential of strategic procurement, with an emphasis on sustainability and social considerations, public works reform and innovation. While value for money remains a key consideration, the strategic use of public procurement will support green, social and innovation policies in line with the Programme for Government, international developments and EU priorities such as the Green Deal and digitalisation.

Each Accounting Officer is responsible for the performance of public contracts under his or her remit and for ensuring that the public procurement function is discharged in line with the standard accounting and procurement rules and procedures efficiently and effectively to deliver maximum value for money for the taxpayer. For tenders above EU Thresholds, minimum time limits are set down in the Procurement Regulations for the different stages of a contact award procedure. The Regulations provide for accelerated procedures in certain circumstances e.g. emergency purposes. For below EU Threshold procurements, sufficient time must be permitted for preparation and submission of responses to allow for genuine competition and for SMEs to participate in the tender process. Contracting authorities are advised to consider the complexity of a contract when setting time limits for receipt of tenders and the Guidelines provide assistance to Contracting Authorities in this regard.

To assist Contracting Authorities in the conduct of procurement procedures, the Office of Government Procurement has published extensive guidance material for contracting authorities including the Public Procurement Guidelines for Goods and Services (the Guidelines) available at: www.gov.ie/en/publication/c23f5-public-procurement-guidelines-for-goods-and-services/ and the Capital Works Management Framework (CWMF) available at: www.gov.ie/en/service/1d443-capital-works-management-framework/#.

The Guidelines outline the various stages of the procurement process from specification, selection and award stages to contract management stage. They provide comprehensive guidance on ensuring the specifications fully and accurately capture the requirement of the goods or services and identify the risks of poor specification and the challenges that this can cause Contracting Authorities when subsequently managing their contracts.

The OGP has also been proactive in the area of Strategic Procurement with the publication of Circular 20/2019: Promoting the use of Environmental and Social Considerations in Public Procurement and the Information Note on Incorporating Social Considerations into Public Procurement. The interdepartmental Strategic Procurement Advisory Group was established in March 2019 to promote and facilitate the incorporation of sustainable procurement considerations, including environmental considerations, into public procurement projects. The OGP developed a new online GPP Criteria Search tool in November 2022 which will assist all public bodies in meeting their green procurement objectives.

Procurement Reform has delivered a programme of policy supports for SMEs, most recently with the publication of Circular 05/2023: Initiatives to assist SMEs in Public Procurement. This Circular provides measures to promote SME participation in public procurement competitions. Furthermore, my colleague, Minister of State Ossian Smyth TD, chairs the SME Advisory Group which provides a forum for Small Medium Enterprises to discuss procurement issues for the SME sector and to build awareness in industry of the opportunities arising from public procurement.

With respect to public works the Capital Works Management Framework (CWMF) is a structure that has been developed to deliver the Government’s objectives in relation to public sector construction procurement reform. It has been operational since 2007 and consists of a suite of best practice guidance, standard contracts and generic template documents. All the documents that make up the framework are available online.

The CWMF contributes to efficiencies through standardising the documentation and processes associated with public works procurement to the greatest extent possible. The suite of contracts contain clear requirements with respect to performance and delivery whereas the project-specific aspects such as scope, design and technical specifications are matters for the contracting authority to determine. There is also a suite of guidance material covering all aspects of project delivery, including project-specific information, available under the CWMF.

My Department will continue the enhancement and refinement of guidance, systems, reporting, and engagement to assist public procurement practitioners to effectively and efficiently deliver value for money on behalf of the State.

Capital Expenditure Programme

Questions (262, 264, 267, 268)

Bernard Durkan

Question:

262. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the degree to which he expects all Government projects to continue to be completed on time and within budget; and if he will make a statement on the matter. [31345/23]

View answer

Bernard Durkan

Question:

264. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide an update in regard to the extent to which he expects the various targets in Project Ireland 2040 to be achieved on time and within budget; and if he will make a statement on the matter. [31347/23]

View answer

Bernard Durkan

Question:

267. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the extent to which he has identified particular issues in relation to the implementation of the national development plan; his plans for the resolution of same; and if he will make a statement on the matter. [31350/23]

View answer

Bernard Durkan

Question:

268. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the degree to which his Department continues to observe and encourage best practice in terms of the delivery of such issues as the National Development Plan; whether savings for the taxpayer will emerge as a result; and if he will make a statement on the matter. [31351/23]

View answer

Written answers

I propose to take Questions Nos. 262, 264, 267 and 268 together.

As Minister for Public Expenditure, NDP Delivery and Reform I am responsible for setting the overall capital allocations across Departments. Management and delivery of individual investment projects within the allocations agreed under the National Development Plan (NDP) are key responsibilities of every Department and Minister.

The NDP delivers total public investment of €165 billion over the period 2021-2030. The renaming and reconstitution of my Department, to specifically include NDP Delivery, brings about a greater emphasis and mandate for the delivery of the NDP. In light of this new role, a review of the support structures and levers available across Government to maximise delivery of projects was undertaken. As a result, a series of actions and reforms were identified as priorities to improve delivery of NDP projects. I secured Government approval in March for six priority actions which are:

• Significant changes to reduce the administrative burden in delivering major capital projects;

• I am now taking a direct role in overseeing delivery of the NDP through chairing the Project Ireland 2040 Delivery Board;

• Capacity reviews of departments and agencies with significant delivery programmes to be carried out, where appropriate, to ensure that adequate resources for project delivery are in place;

• Additional reforms to the Capital Works Management Framework, which sets out the contracts used for public capital projects;

• Direct reporting to Government on NDP delivery on a quarterly basis throughout 2023 and 2024 will now also take place and

• An independent evaluation of NDP priorities and capacity will be conducted over the coming months.

This package represents a fresh approach to securing delivery as part of my Department's enhanced remit around the NDP. As you know, 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. The package of reform actions which I announced in March include significant changes to reduce the administrative burden for Departments. Some specific changes designed to streamline the project lifecycle and approval process include:

• The general threshold for major projects increasing from €100m to €200m, allowing for projects below this limit to progress more speedily through the appraisal and evaluation process.

• The reduction of the number of approval stages prior to implementation from 5 to 3, reducing the administrative burden on Government departments charged with developing and delivering projects.

• The removal of the requirement for a project to prepare a separate Strategic Assessment Report (SAR) at the start of the process. Instead, all the requirements previously required as part of a SAR must now be completed, and incorporated, as part of the Preliminary Business Case (PBC) at the first approval stage.

These changes have already been implemented through Government circular 06/2023.

Further appraisal guidance will be published shortly, known as the Infrastructure Guidelines, as part of capital project development, which will supersede the existing Public Spending Code.

I am confident that the combination of the six priority actions above will boost the delivery of the critical infrastructure we need to support a growing economy and higher living standards for those living here. In particular, I believe input of experts on the Project Ireland 2040 Delivery Board will highlight the key impediments to project delivery and I will work towards delivering mitigating actions to boost project delivery.

In addition, my Department will continue to work closely with the construction sector in order to improve efficiency and enhanced delivery through the Construction Sector Group. Important initiatives have been launched and supported through the Construction Sector Group to increase productivity in the sector. These include the recently established Construction Technology Centre, known as Construct Innovate, to accelerate research and innovation within the sector; the Build Digital Project funded by my Department to support the sector in its transition to digital; the adoption of Building Information Modelling; and an analysis of the cost of residential construction which was recently published. These reforms, alongside ongoing engagement with the construction sector regarding capacity, will help ensure the effective delivery of Project Ireland 2040 on time and on budget.

The Government is also committed to continue to detail the delivery of the NDP at regular intervals into the future to allow for full transparency on the implementation of Project Ireland 2040. This will be achieved through regular updates of the Project Ireland 2040 capital investment tracker and map as well as the publication of annual reports and regional reports highlighting Project Ireland 2040 achievements. All such updates are available on gov.ie/2040.

Public Expenditure Policy

Questions (263)

Bernard Durkan

Question:

263. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform whether he remains satisfied that levels of public expenditure here are adequately proofed to ensure best outcome for the Exchequer and taxpayer; and if he will make a statement on the matter. [31346/23]

View answer

Written answers

The Government’s approach to public expenditure policy is set out in the Medium Term Expenditure Strategy (MTES). The objectives of the MTES are twofold, to ensure that the level of core expenditure growth is sustainable long-term and that investment in expenditure protects and delivers improvements to public services. This framework must be responsive to the economic landscape and is reviewed annually as part of the whole of year budget process including the Summer Economic Statement and the Estimates process.

The ongoing dialogue my Department has with other Departments and Offices also ensures the best outcome for the exchequer and taxpayer by monitoring existing levels of service provision and other pressures. Managing the delivery of services within budgetary allocations is a key responsibility of each Minister and measures are in place to help ensure that budgetary targets are met. My Department ensures that expenditure is being managed within the overall fiscal parameters and the drawdown of funds from the Exchequer is monitored against the published expenditure profiles. There is regular reporting to Government and information in relation to voted expenditure is published monthly with the Exchequer Returns.

Budgetary and expenditure reforms remain a key feature of public expenditure management throughout all Departments. This important goal has been fully embedded across the system of Government and is progressed in a number of ways including the day-to-day management of resources, regular engagement across Departments on cross cutting issues and through the public service reform programme. It is also progressed through a range of core budgetary reform initiatives including, but not limited to:

• The Public Spending Code;

• National Development Plan;

• Performance Budgeting;

• Equality Budgeting;

• Green Budgeting

• Well-being budgeting; and

• The Spending Review Process.

These reforms and processes broaden the approach to how public expenditure is appraised, implemented and reviewed. They govern not only how and where the money is spent but also the impact of public expenditure across different cohorts of society and the different categories of expenditure. They work in tandem with broader initiatives, such as the establishment of the Irish Government Economic and Evaluation Service (IGEES), to develop capacity and enhance the role of economics and value for money analysis in public policy making.

Additionally, my Department engages in international fora, including OECD working parties and committees. These discussions focus on spending reviews, budgetary reform and other areas that that strengthen the public sectors’ ability to promote systemic change as way to respond to economic, social and environmental challenges.

While each reform may be considered in isolation, it is important to recognise that each represents one part of the overall reform process. Together, these expenditure reforms aim to provide a more comprehensive and thorough insight into how public services are supporting the Irish population.

It is with this more complete understanding that policymakers can work towards the achievement of value for money objectives in the context of the entire budgetary process, ensure responsiveness to emerging opportunities and trends where appropriate, and enhance the impact of policies and programmes on the lives of people in Ireland.

Looking to the future, my Department recently launched Better Public Services, a new Strategy to 2030 for the Public Service aimed at delivering for the public and building trust. The vision set out in the ambitious Strategy is for inclusive, high quality and integrated Public Service provision that meets the needs, and improves the lives, of the people of Ireland.

Question No. 264 answered with Question No. 262.

Public Sector Pay

Questions (265)

Bernard Durkan

Question:

265. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the extent to which any outstanding matters arising from financial emergency measures in the public interest, FEMPI, legislation have been concluded, or are in the course thereof; if groups throughout society with increasing dependence on the satisfactory outcome of FEMPI restoration are satisfied at the progress on this issue; and if he will make a statement on the matter. [31348/23]

View answer

Written answers

The process of unwinding the Financial Emergency (FEMPI) legislation commenced under the Lansdowne Road Agreement 2016-2018. The remainder of the process continued under the Public Service Stability Agreement 2018-2020 (PSSA) and the current public service agreement, Building Momentum.

Each year, under the terms of the FEMPI Act 2013, I am obliged to carry out an annual review of the operation, effectiveness and impact of the FEMPI Acts, having regard to the overall economic conditions in the State and national competitiveness. In this annual review, I am also to consider whether or not any of the provision of the relevant Acts continue to be necessary having regard to the purposes of those Acts, the revenues of the State and State commitments in respect of public service pay and pensions. The 2022 annual report was published in June 2022 and can be found on the DPENDPR website.

Since publication of the 2022 annual FEMPI report, in line with section 20 of the Public Service Pay and Pensions Act 2017, FEMPI reductions for public servants with annualised basic salaries above €150,000 were unwound with effect from 1 July 2022. This completed the process of unwinding FEMPI reductions for public servants. The 2023 annual review is due to be published before the end of June 2023.

National Development Plan

Questions (266)

Bernard Durkan

Question:

266. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the extent to which he continues to monitor issues such as public procurement and-or the removal of any other administrative obstructions that might hinder the progress of the national development plan; those areas that he has identified as central in such issues; and if he will make a statement on the matter. [31349/23]

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Written answers

Public procurement refers to the process by which public authorities, such as Government Departments or Local Authorities, purchase work, goods or services from companies.

EU law sets out minimum harmonised public procurement rules. These rules govern the way public authorities and certain public utility operators purchase goods, works and services. They are transposed into national legislation and apply to tenders whose monetary value exceeds a certain amount. For tenders of lower value, national rules apply. Nevertheless, these national rules also have to respect the general principles of EU law.

With respect to public works, the Capital Works Management Framework (CWMF) is a structure that has been developed to deliver the Government’s objectives in relation to public sector construction procurement. It has been operational since 2007 and consists of a suite of best practice guidance, standard contracts and generic template documents to assist contracting authorities in meeting their legal obligations. All the documents that make up the framework are available online.

The CWMF is undergoing progressive refinement that will see significant changes to the manner in which public works projects are delivered in the coming years with a greater emphasis on the adoption of digital delivery methods.

In March this year, I informed Government of a package of significant actions aimed at enhancing project delivery for the National Development Plan (NDP). The actions include significant changes to reduce the administrative burden for Departments and public bodies developing capital projects. One of these specific changes was the general threshold for major projects increasing from €100m to €200m. These thresholds will be reviewed every 3 years to ensure they are still appropriate.

This will mean for projects with an estimated cost of less that €200m, Departments will no longer be required to engage with the External Assurance Process (EAP) or to submit these projects to my Department for technical review. As required within the Public Spending Code, the relevant Approving Authority must carry out a technical review of project proposals issued to them by their Sponsoring Agencies and it is the responsibility of the Accounting Officer to ensure these reviews ensure compliance with the requirements of the Code.

It is the responsibility of the relevant Accounting Officer to ensure that procedures are in place to ensure full compliance with the Public Spending Code within their Department/Office and within the bodies under the aegis of the Department, including drawing up sector-specific procedures, in line with the requirements of the Public Spending Code (or the Infrastructure Guidelines when published), for management and appraisal of capital projects and programmes as appropriate. Government Departments, as Approving Authorities, are to carry out assessments of proposals at each stage of the project lifecycle focussing on:

• Compliance with the Public Spending Code;

• Compliance with sector-specific appraisal guidance; and

• Appropriate policy and programme fit.

Further appraisal guidance will be published shortly, known as the Infrastructure Guidelines, as part of capital project development, which will replace the existing Public Spending Code.

Question No. 267 answered with Question No. 262.
Question No. 268 answered with Question No. 262.

Public Sector Staff

Questions (269)

Ged Nash

Question:

269. Deputy Ged Nash asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the estimated number of new whole-time equivalents in the Civil Service and public service up to 2030; and if he will make a statement on the matter. [31363/23]

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Written answers

There are no centralised forecasts of public service staffing over the period to 2030 conducted by my Department. Public service staffing is largely managed through a policy of delegated sanction, which been in place since 2015. Under this delegated sanction framework, Departments are permitted to fill vacancies through recruitment and/or promotion, in grades up to and including Principal Officer Standard or equivalent, subject to remaining within the overall pay bill ceiling. This paybill ceiling forms part of the annual budget agreement.

Public service employee whole time equivalent outturns are collected and collated after the end of each quarter. Forecast end-year public service employee numbers are published in the Revised Estimates Volume (REV) in December of the preceding year. The end-2023 public service employee numbers forecast in REV 2023 are 392,167 full-time equivalents, excluding Oireachtas staff.

Public Sector Pensions

Questions (270)

Catherine Murphy

Question:

270. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he has engaged with NewEra, An Post and or the Minister for Environment, Climate and Communications in respect of an enhanced pension arrangement for staff at An Post; and if he has been contacted by An Post management regarding this issue (details supplied). [31375/23]

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Written answers

The rules of the An Post Main Superannuation Scheme provide An Post discretion to grant increases in pensions with the authorisation of the Minister for the Environment, Climate and Communications and with my concurrence.

The Code of Practice for the Governance of State Bodies and DPER Circular 16/2021 set out the process for requesting Ministerial approval for such increases. The Code of Practice requires any request for a pension increase by An Post to first be submitted to the Department of the Environment, Climate and Communications. Should the Minister for Environment, Climate and Communications approve the increase request, my consent is then sought by the Department of the Environment, Climate and Communications.

The request for my consent must be accompanied by an advisory report by NewERA. Earlier this week NewERA provided both Departments concerned with an executive summary of a report on an increase proposal by An Post. The full report is expected in the near future and will be considered by officials in both Departments once received.

No consent request has yet been received by my Department from the Department of the Environment, Climate and Communications in relation to the increases referred to in the detail supplied. As set out in the approval procedure outlined above, my Department does not have direct contact with An Post as part of the pension increase approval process.

Family Reunification

Questions (271)

Ged Nash

Question:

271. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he is aware that healthcare assistants who have been recruited by the HSE from abroad, are facing terrible difficulties reuniting with family members in Ireland because their income does not meet the income threshold for family reunification; and if he will make a statement on the matter. [31056/23]

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Written answers

Access to the General Employment Permit for non EEA nationals wishing to take up employment in the role of health care assistant was announced in June 2021 to address skills and labour shortages in the healthcare and nursing home sector. The framework agreed following constructive engagement with the Department of Health provided a salary of at least €27,000 for the role and the requirement for the permit holder to attain a relevant qualification at least QQI Level 5 after 2 years employment in the State.

Remuneration for employment permit purposes is a labour market policy instrument in which setting minimum remuneration thresholds is a delicate balancing act. Economic migration seeks to serve the skills needs of the economy without impacting the wider labour market. Therefore, being cognisant that there are a range of remuneration levels in the sector (€24,000 - €32,000) and recognising the need to be able to recruit staff while ensuring that there is no disruption to the domestic labour market, a minimum annual remuneration threshold of €27,000 has been set for this occupation.

The conditions governing the eligibility requirements for family reunification and the granting of Stamp 1G visas for spouses and/or dependents of employment permit holders are a matter for the Minister for Justice. The Department of Justice policy requires that the sponsor demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland. The policy sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification and the conditions attaching to permissions issued to family members.

I understand that there are many healthcare assistants living in Ireland who do not qualify for family reunification and that this is a very difficult situation for those workers and indeed their families. The Department of Justice policy on reunification, which was last amended in 2016, is currently under review.

Family Reunification

Questions (272)

Ged Nash

Question:

272. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he will move to increase the minimum wage of non-EEA healthcare assistants to €30,000 to help them reach the threshold for family reunification; if the Government will move to grant a Stamp 1G Visa for non-EEA healthcare assistant, HCA, spouses and-or allow dependents a work permit; and if he will make a statement on the matter. [31057/23]

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Written answers

Access to the General Employment Permit for non EEA nationals wishing to take up employment in the role of healthcare assistant was announced in June 2021 to address skills and labour shortages in the healthcare and nursing home sector. The framework agreed following constructive engagement with the Department of Health provided a salary of at least €27,000 for the role and the requirement for the permit holder to attain a relevant qualification at least QQI Level 5 after 2 years employment in the State.

Remuneration for employment permit purposes is a labour market policy instrument in which setting minimum remuneration thresholds is a delicate balancing act. Economic migration seeks to serve the skills needs of the economy without impacting the wider labour market. Therefore, being cognisant that there are a range of remuneration levels in the sector (€24,000 - €32,000) and recognising the need to be able to recruit staff while ensuring that there is no disruption to the domestic labour market, a minimum annual remuneration threshold of €27,000 has been set for this occupation.

My Department is engaging with officials in the Department of Health with regard the healthcare assistant framework to include consideration of future minimum wage thresholds and impacts on the labour market. The review will gather data from the not-for profits, for-profit and public sector nursing homes, and any hospitals that acquired permits for the role. It will also produce a model that will be expandable to assess the latest change of extending the employment permits system to the private home care sector in December 2022.

This review will take into account the Report of the Strategic Workforce Advisory Group led by the Department of Health, the role of which is to examine strategic workforce challenges in publicly and privately funded home support and nursing homes providers.

The conditions governing the eligibility requirements for family reunification and the granting of Stamp 1G visas for spouses and/or dependents of employment permit holders are a matter for the Minister for Justice. The Department of Justice policy requires that the sponsor demonstrate their capacity to provide for their family member(s) if they are to be granted a permission to come to Ireland. The policy sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification and the conditions attaching to permissions issued to family members. I fully appreciate that for the healthcare assistants who do not meet the criteria for family reunification, this is a hugely difficult and stressful situation. The Department of Justice policy, which was last amended in 2016, is currently under review.

Consumer Protection

Questions (273)

Steven Matthews

Question:

273. Deputy Steven Matthews asked the Minister for Enterprise, Trade and Employment the actions his Department is undertaking to ensure that unregistered practitioners in a variety of trades are unable to advertise their services on websites (details supplied); if there has been any engagement with these websites on this issue; and if he will make a statement on the matter. [30501/23]

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Written answers

The Minister for Enterprise, Trade and Employment does not have responsibility for regulating online advertising standards. The Advertising Standards Authority for Ireland is the body responsible for promoting the highest standards of marketing communications, that is, advertising, promotional marketing and direct marketing.

It is also important to note that various trades are associated with professional bodies which promote standards of excellence within their respective industries. These bodies may be in a position to advise as to the existence and nature of codes of practice or standards and the contact points for poor professional conduct.

Business Supports

Questions (274)

Aengus Ó Snodaigh

Question:

274. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the number of cloth-weaving factories operating in the country; if any special recognition and supports are available to such a traditional industrial business to ensure such manufacturing industries continue to operate in the country; and if he will make a statement on the matter. [30563/23]

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Written answers

I understand that there are over 30 cloth weaving enterprises operating in Ireland. In the Enterprise Ireland client base, there are 4 main textile weavers.

In terms of funding for the sector, as manufacturing entities, any company with an ability to sell in the export market could be either a LEO, Enterprise Ireland, or Udaras client, and could avail of supports from the agency that they are eligible for support from. A number of cloth weavers are also supported by the Design and Crafts Council of Ireland.

Many of the weaving and knitting companies are very export focused with demand from overseas buyers. Annually Enterprise Ireland and Local Enterprise and Udaras collaborate with the Design and Crafts council of Ireland to support companies in the sector to meet with domestic and international buyers.

As an example, Showcase, Ireland’s Creative Expo, is one of the country’s largest international trade shows. Over 4,000 buyers visit the event from across the world, including Ireland, the UK, the USA, Mainland Europe and the Far East, generating sales orders of over €20 million during the four days of the show.

Showcase is presented on behalf of the Design & Crafts Council Ireland, with support from Enterprise Ireland in promoting the trade show internationally through their network of offices overseas and the Local Enterprise Offices nationwide. More than 300 Irish brands are exhibited at the fair, including emerging Irish businesses supported by their Local Enterprise Offices.

In addition to grant assistance from the LEOs for eligible companies, all entrepreneurs can avail of LEOs training, mentoring and management development programmes, which include programmes that focus on achieving greater productivity. Supports such as Green for Micro, DigitalStart and the newly introduced Energy Efficiency Scheme, can assist small business owners in achieving greater efficiencies and reduce costs within their business.

Employment Rights

Questions (275)

Joan Collins

Question:

275. Deputy Joan Collins asked the Minister for Enterprise, Trade and Employment if he will address a series of matters concerning an amendment to the Employment (Miscellaneous Provisions) Bill 2017 (details supplied); and if he will make a statement on the matter. [30587/23]

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Written answers

The Government is committed to supporting workers and has a strong record on strengthening and introducing new workers’ rights.

As the Deputy is aware, the Employment (Miscellaneous Provisions) Act 2018, came into force on 4 March 2019. This Act introduced a number of measures to strengthen employee rights and to address the problems caused by the increased casualisation of work.

Ireland also has in place a Code of Practice on Access to Part-Time Work. The Code was drawn up by the then Labour Relations Commission in consultation with the social partners pursuant to the Protection of Employment (Part-Time Work) Act 2001.

Among other provisions, the Code of Practice sets out that, as far as possible, employers should give consideration to a request by workers to transfer from part-time to full-time work or to increase their working time should the opportunity arise. The Code was put on a statutory footing in S.I. No. 8 of 2006.

During the passage of the 2018 Act, on foot of Dáil and Seanad debates, the then Minister engaged with the Workplace Relations Commission (WRC) on a review of the 2001 Act and 2006 Code of practice. It was decided in 2019, as the 2018 Act had only just commenced, that some time post enactment would be required to gauge the impact of that significant piece of legislation.

In February 2023, Minister Richmond wrote to the WRC requesting a review of both the Code of Practice on Part-Time Work and the Employment Miscellaneous Provisions Act 2018 to assess the overall effectiveness of the suite of protections for Part Time Workers.

The WRC confirmed that a review of the Code of Practice on Access to Part-Time Work is on the WRC’s workplan for 2023 and will be carried out expeditiously. The Commission will also examine the feasibility of including a further review on the obstacles to part-time work as part of their 2024 workplan.

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