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Wednesday, 20 Sep 2023

Written Answers Nos. 215-220

Brexit Supports

Questions (215)

Claire Kerrane

Question:

215. Deputy Claire Kerrane asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide an update on the transfer of Brexit adjustment reserve funding to the RePower EU fund; and if he will make a statement on the matter. [40337/23]

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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 Government has made significant allocations across a range of sectors to counter the effects of Brexit, 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 that runs from the 1st of January 2020 to the 31st of December 2023.

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.

REPowerEU is the EU’s plan to rapidly reduce dependence on Russian fossil fuels, boost the independence and security of the Union’s energy supply and accelerate the green transition. In practical terms, REPowerEU will be financed via the Recovery and Resilience Facility (RRF). Ireland’s allocation in grants under REPowerEU is worth circa €90m.

The EU provided that Member States might apply for approval to transfer some BAR funding to the REPowerEU initiative. The Commission has provided approval for the transfer of €150 million bringing the total amount available under REPowerEU to €240 million.

Following Commission approval of the transfer of €150 million, Ireland’s BAR allocation is €1.015 billion. Ireland’s allocation now represents approximately 30% of the overall BAR fund, following transfers by other Member States to REPowerEU.

To access the REPowerEU funding, Member States, including Ireland, will be required to amend their National Recovery and Resilience Plans (NRRP) and add a specific chapter to outline the key investments and reforms to help achieve the REPowerEU objectives. A key consideration for any projects proposed is timely deliverability as failure to deliver on the agreed milestones and targets will directly impact drawdown of the allocated monies. Proposals must be in a position to deliver within the RRF timeline and meet the stringent management, reporting, audit and verification requirements. My Department has commenced informal discussions with the Commission and is engaging with Departments on potential proposals including from the Departments of Environment, Climate and Communications, Education, Transport, Agriculture, Food and the Marine, and the OPW. Following this engagement, Ireland’s proposed REPowerEU programme will be submitted for the formal Commission and Council assessments and approvals.

Public Procurement Contracts

Questions (216)

Paul Murphy

Question:

216. Deputy Paul Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform whether he has concerns that a local authority has issued a request for quotation with only eight days for receipt of quotation, less than the minimum time limit set out in the 2016 regulations (details supplied). [40343/23]

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Written answers

The European Union (Award of Public Authority Contracts) Regulations 2016 (SI 284 of 2016) govern the award of public contracts that are in excess of specified monetary thresholds which are revised every two years. Currently the thresholds, as they apply to local authorities, are: Works: €5,382,000; Supplies: €215,000; Services: €215,000 – all amounts are exclusive of VAT.

Regulation 27 of SI 284 of 2016 sets a minimum time period of 30 days for tenders when using the open procedure. Time frames for the restricted procedure are longer because there are separate stages for pre-qualification and tender. The time periods may be shortened where a prior information notice has been published in accordance with the Regulations and in the case of urgency that is duly substantiated by the contracting authority.

Where below threshold competitions are concerned, contracting authorities have discretion in setting time periods because the Regulations do not apply. As a matter of best practice, contracting authorities should allow adequate time for interested parties to respond to a request for tenders or for expressions of interest whether or not the request is published on eTenders.

Where works contracts are concerned, guidance published under the Capital Works Management Framework (Guidance Note GN 2.3) recommends a minimum time period of 21 days for tender competitions for public works projects to ensure a reasonable response and to give contractors time to prepare their tender.

In certain circumstances shorter time periods may be used - where justified - provided the time allowed is adequate to ensure genuine competition.

It should be also be stressed that the time periods stated in the Regulations and guidance are minimum periods. If the tender response requirements are lengthy or require inputs from a number of sources then more time should be allowed.

Departmental Reports

Questions (217)

Peadar Tóibín

Question:

217. Deputy Peadar Tóibín asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to provide a list of all studies, research and reports commissioned by his Department that were outsourced, in each year since the formation of this Government, in tabular form; the names of the companies to which each study, research and report was outsourced; the total cost for each; the number of reports finalised and presented to him that have yet to be released by his Department; the dates on which any such reports yet to be released were first provided to him; and if he will make a statement on the matter. [40376/23]

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Written answers

The information requested by the Deputy is set out in the table attached. In respect of the final part of the Question, there are no reports that have been finalised and submitted to me that have not yet been published.

Name of study / research / report commissioned

Name of organisation commissioned Cost Date finalised / published

Research Comhairle na nÓg Case Study Work

University of Limerick €5,000 July 2020

Citizen Engagement case study

Institute of Public Administration €7,500August 2020

Organisation Review for the Office of Government Procurement (OGP)

Grant Thornton €145,845 For internal use – finalised November 2020

Covid-19 - Provision of Expert Advice and Assistance in relation to Financial & Economic Standing Assessment

KOSI Corporation €13,125 Published November 2020

Spot Buy – Logistics – Financial and Economic Assessment of Tenderers

KOSI Corporation €5,250For internal use – finalised December 2020

Excellence in Customer Service Case Studies

Centre for Effective Services €2,500December 2020

Office of the Government Chief Information Officer (OGCIO) Organisational Design Project and Report

Crowe €113,821 For internal use – finalised December 2020

OGP Great Place to Work Action Planning Report

Great Place to work €22,441

For internal use – finalised February 2021

Client Satisfaction Research 2020Management Board Presentation

Coyne Research €32,743For internal use – finalised March 2021

Moderators Report on Complementaries and Synergies Across EU Funds

Gerry Finn €1,000 For internal use only – finalised June 2021

Research and Report Writing Services for the OGP on the operation of the roles of the Standing Conciliator and the Project Board

Indecon International Consultants €159,008 For internal use – finalised December 2021

OGP Great Place to Work Action Planning Report

Great Place to Work €20,878For internal use – finalised February 2022

OGP Internal Analysis to determine Cloud Demand and the feasibility of developing a Cloud Services Category Strategy

BearingPoint €32,287 For internal use – finalised February 2022

Independent Hours Body Review

Grant Thornton €4,243 Published April 2022

Briefing and Information Pack on current market environment, risk, supply and pricing issues in respect of cyber insurance and professional indemnity insurance

Willis Towers Towers Watson Insurances (Ireland) Ltd €24,999 For internal use – finalised May 2022

Irish Civil Service Business Customer Survey 2022 Research Report

Behaviour & Attitudes €10,504 June 2022

Moderators Report on Second Complementarities Workshop

Gerry Finn €2,250 For internal use – finalised June 2022

Departmental Operating Model Review

Davis Business Consultants

€22,221 Published July 2022

Customer satisfaction survey in the context of the FOI review

IPSOS MRBI €32,963 For internal use – finalised July 2022

Review of the Distribution and Utilisation of National Lottery Funding

Indecon Economic Consultants €135,054 December 2022

External Assessment of eDocs Solution

Storm €30,000 For internal use – finalised June 2023

Procurement for better value – A case study of Ireland, Measuring the impact of centralised purchasing

OECD €50,000 Published July 2023

Economic Advices in Respect of Construction Contracts’ Price Variation Clauses

EY Ireland €262,233 For internal use – due to be published Oct 2023

Analysis of Public Consultation & Further Research regarding digital public services

RED C Research €7,200 (to-date) Due to be completed during Q4 2023

Draft Output report from the 4th Open

Government Workshops

The Brave Lab €18,112Expected publication date Q4 2023

Client Satisfaction Research 2023Management Board Presentation

Red C €12,850 For internal use – not yet finalised (Q4 2023)

Guidance for the preparation of action plans to address the recommendations of an Organisational Capability Review

Institute of Public Administration €15,300Guidelines are being piloted currently with a publication date in Q1 2024

Public Consultation: A guide for public servants

Institute of Public Administration €19,650 Not yet finalised

Research on the development of an action plan to embed design in public services

Tangent €16,700 Not yet finalised

Joint Research Programme on the Development of the Economic and Social Research Institute’s Ireland Environment, Energy and Economy Model

ESRI €50,000Ongoing programme of work running until end 2024

Office of Public Works

Questions (218)

Paul Donnelly

Question:

218. Deputy Paul Donnelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if the OPW has had contracts with either of two organisations (details supplied) in the years of 2021, 2022 and to date in 2023; the nature of services that each company provides to the OPW; and the amount that the OPW has paid each company for such services. [40388/23]

View answer

Written answers

A breakdown is provided below in relation to the overall spend in regard to Pulse Security and Sword Security for the years 2021, 2022, and up-to-date 2023.

Security Company

2021

2022

Up to date 2023

Pulse Security

N/A

21,245.17

42,119.52

Sword Security

N/A

35,257.95

N/A

A breakdown of the nature of services from 2021 to up to date 2023 and the purpose of the expenditure is provided below. Individual contracts were tendered and awarded for each event listed below.

Supplier

Year

Nature of service

Sword Security

2022

•Security at Dublin Castle Christmas market

Pulse Security

2022

•Security at Garden of Remembrance for commemoration•Security at O'Connell Street GPO re Easter Sunday Commemoration•Security at the opening ceremony for Annes Grove•Security at Famine Commemoration•Security at National Day Of Commemoration•Security at War Memorial Gardens re RBL Commemoration

Pulse Security

Up to date 2023

•Security at Live Crib St. Stephens Green•Security at O'Connell Street GPO re Easter Sunday Commemoration•Security at Garden of Remembrance re Civil War Commemoration•Security at Glasnevin Cemetery re Defence Forces Commemoration•Security at War Memorial Gardens re RBL Commemoration•Security at National Day Of Commemoration•Security at War Memorial Gardens re RBL Commemoration

Coastal Protection

Questions (219)

Paul Kehoe

Question:

219. Deputy Paul Kehoe asked the Minister for Public Expenditure, National Development Plan Delivery and Reform whether the Office of Public Works has any plans to progress works on Courtown beach, specifically the installation of a breakwater to restore the sandy beach; and if he will make a statement on the matter. [40410/23]

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Written answers

It is a matter for Local Authorities, in the first instance, to assess and address problems of coastal erosion in their areas. Where necessary, Local Authorities may put forward proposals to relevant central Government Departments, including the OPW, for funding of appropriate measures depending on the infrastructure or assets under threat.

In this regard, the OPW Minor Flood Mitigation Works & Coastal Protection Scheme provides funding to Local Authorities to undertake minor flood mitigation or coastal protection works or studies, costing less than €0.75 million each, to address localised flooding and coastal protection problems within their administrative areas. Funding for coastal erosion risk management studies may also be applied for under this scheme. Funding of up to 90% of the cost is available for projects which meet the eligibility criteria including a requirement that the proposed measures are cost beneficial. The OPW has published guidelines for coastal erosion risk management measures and funding applications under the Minor Flood Mitigation Works and Coastal Protection Scheme, available on the OPW website – www.gov.ie/opw .

With regards to Courtown beach, the OPW is liaising with Wexford County Council on this matter.

Flood Risk Management

Questions (220)

Alan Kelly

Question:

220. Deputy Alan Kelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if there are plans to update Arterial Drainage Act 1945. [40682/23]

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Written answers

State intervention in addressing the flooding of lands and the improvement of same by drainage, principally for agricultural use, commenced with the passing of the first Drainage Act in 1842. For the next century, schemes of drainage works were carried out in over 200 Drainage Districts to improve over 200,000 hectares of land. There are approximately 170 of those Drainage Districts remaining in existence. Maintenance of these is the statutory responsibility of the relevant local authority.

Following the passing of the Arterial Drainage Act, 1945, the OPW was tasked with carrying out a programme of large-scale arterial drainage schemes, on a catchment basis. Between 1948 and 1992, the OPW implemented 34 Catchment Arterial Drainage schemes and 5 Estuarine Embankment schemes. Investment by the State through the OPW in the programme of Catchment Arterial Drainage schemes and Estuarine Embankment schemes was bolstered by significant investment through the Department of Agriculture in improving land drainage for food production under the Land Project 1949 and successor funding initiatives. There are no plans to undertake further such large scale arterial drainage schemes.

In terms of beneficial objectives served, the arterial drainage schemes progressed under the 1945 Act, are providing drainage outfall for 242,800 hectares of agricultural lands. Importantly, there has been significant development in these areas since the schemes were completed and the land drainage schemes are now also providing a level of protection from flooding to property, infrastructure and communities, including in excess of 21,000 properties, 2,400 kilometres of roads and 77 towns and villages.

In order to preserve the beneficial objectives served by the schemes that have been completed under the 1945 Act, the OPW has a statutory duty under Section 37 of the Act to maintain the schemes in proper repair and effective condition. Failure to do so would result in an increased flood risk to benefiting areas and communities.

The maintenance of OPW Arterial Drainage Schemes has evolved significantly over the past 20 years, driven primarily by environmental legislation such as the EU Birds and Habitats Directives and the Water Framework Directive. Arterial drainage maintenance works are carried out in accordance with relevant legislation, through a range of environmental assessments, including Strategic Environmental Assessments, Appropriate Assessments and Ecological Assessments, supported by widespread stakeholder consultation. The OPW, in partnership with Inland Fisheries Ireland and other stakeholders, has developed environmental drainage maintenance procedures to mitigate potential environmental impacts on rivers and streams which are maintained by the OPW for the purpose of land drainage. This OPW Environmental Guidance, which is available on the OPW website, is a practical handbook that brings lessons learned from environmental problem solving, enabling ongoing improvements in environmental performance, based on practical environmental control.

The continued requirement for ongoing drainage of such lands is being questioned in light of environmental concerns regarding the impact of such schemes, including by the Citizen Assembly on Biodiversity Loss. This is reflected in the call for a review of the Arterial Drainage Act, which was a recommendation in its ‘Report of the Citizens’ Assembly on Biodiversity Loss’ published in April 2023.

There are many views in relation to the programme of arterial drainage maintenance being undertaken by the OPW. While there are calls to cease arterial drainage to progress a number of cross cutting environmental objectives, there are also calls from others to increase the maintenance activities being carried out in light of flood risks. It is also important to note that Climate Change will increase flood risks.

Options to reverse arterial drainage schemes and for ceasing arterial drainage maintenance activities for lands currently benefitting from such maintenance, must be informed by land use policy. The flood risk implications for communities must also be carefully considered. In this regard, the Land-use Review provides an appropriate mechanism to identify the existing and future requirements for land drainage.

I have written to the Minister for Agriculture, Food and the Marine, Charlie McConalogue T.D., the Minister for the Environment, Climate and Communications, Eamonn Ryan T.D., and the Minister for Housing, Local Government and Heritage, Darragh O'Brien T.D. as the co-leaders of the Land-use Review requesting that the matter is considered in this context.

The Land-use Review will provide clarity regarding future national drainage requirements having regard to a broad range of policy goals, including agricultural, flood risk mitigation, climate action, biodiversity and water quality. This will inform consideration of any changes to Arterial Drainage practices and any associated legislative changes to be made to the Arterial Drainage Act, having regard to all potential benefits and impacts.

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