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Wednesday, 22 Nov 2023

Written Answers Nos. 61-80

Tax Reliefs

Questions (61)

Seán Sherlock

Question:

61. Deputy Sean Sherlock asked the Minister for Finance to allow a claim to be processed (details supplied). [51345/23]

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Written answers

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme (DPD), legislated for under Statutory Instrument No. 353 of 1994 as amended, provides for the repayment or remission of VAT and Vehicle Registration Tax (VRT) on the purchase of an adapted vehicle for the transport of a person with specific severe and permanent physical disabilities. Qualification for the scheme also provides access to the Fuel Grant scheme and for a waiver from motor tax.

I am advised by Revenue that while they are unable to locate any DPD application with the information provided they will make contact with the Deputy to progress the matter. In the meantime if the person concerned requires further assistance, the Central Repayments Office can be contacted on (01)-738 3671 (Monday to Friday 9:30am-1:30pm).

Full details of the DPD scheme, including how to make an application, are available on the Revenue website at www.revenue.ie/en/importing-vehicles-duty-free-allowances/documents/vrt/online-dd1form-guide.pdf.

Banking Sector

Questions (62)

Jim O'Callaghan

Question:

62. Deputy Jim O'Callaghan asked the Minister for Finance for an update on the implementation of the recommendations of the banking review. [51371/23]

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Written answers

The Government approved the publication of the Retail Banking Review and the implementation of its recommendations on 29 November 2022. Each recommendation identifies the body or bodies responsible for delivery of that recommendation and, where appropriate, contain timelines for delivery of the recommendations. It is for the relevant bodies to consider and implement the recommendations addressed to them. The implementation of the recommendations that are directed at the Department of Finance have been embedded in the business plans of the relevant Divisions.

A key issue identified by the Review was access to cash, both the ability to withdraw and deposit cash, and a number of recommendations address this. There is a dedicated team in place working on this issue that is currently developing legislation and preparing heads of bill to be ready by the end of the year. These heads of bill will include initially preserving reasonable access to cash based on existing levels of access, while proving that the future evolution of the infrastructure will be fair, transparent and equitable.

The Retail Banking Review contained a recommendation for the Department to lead on the development of a National Payments Strategy in 2024 that will take account of the changing landscape and determine how best to adapt to it. The NPS will also take account of the EU legislative landscape, particularly the proposals on instant payments and payment services. A key element of the work will be to examine and analyse the critical issue of payment fraud. While much of this is governed by EU legislation, it is important that the NPS examines and analyses payment fraud to see if it can identify further measures that could be taken to address fraud at a domestic level.

Implementation of several of the recommendations requires close collaboration between my Department and the Central Bank and the Central Bank has informed me that it is working on the implementation of recommendations addressed to it. The Bank is currently undertaking a major review of the Consumer Protection Code and the outcome of this significant piece of work is going to address several of the recommendations of the Review. The Bank’s next step under the Review will be to publish a consultation paper on the proposed changes to the Code. This paper will also consult on the Central Bank’s proposed approach to the implementation of the recommendations under the Retail Banking Review that fall within the scope of the Code.

Other recommendations require implementation by other State agencies, such as the Competition and Consumer Protection Commission (CCPC), Government departments and other relevant stakeholders. It is also crucial that the retail-banking sector ensures the interest of consumers are a priority in their organisations and seek to work together, where possible, to deliver the best outcomes for the economy and citizens. The retail-banking sector has been contacted regarding their role in carrying out those recommendations which fall to them.

Prize Bonds

Questions (63)

Thomas Gould

Question:

63. Deputy Thomas Gould asked the Minister for Finance the total amount of winnings from prize bonds in the past 12 months and for the previous 12-month period; and if he will make a statement on the matter. [51372/23]

View answer

Written answers

The NTMA have advised me as follows in respect of the information requested by the Deputy.

The table below shows both the total amount of Prize Bond winnings from a monetary and volume perspective from November 2021 to October 2022 and from November 2022 to October 2023.

-

€ prizes

# prizes

November 2021 to October 2022

15,801,100

233,514

November 2022 to October 2023

18,997,200

267,381

Tax Yield

Questions (64)

Carol Nolan

Question:

64. Deputy Carol Nolan asked the Minister for Finance if he or his Department have made any initial calculations regarding the amount of revenue that may be generated by the residential zoned land tax; and if he will make a statement on the matter. [51381/23]

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Written answers

The Residential Zoned Land Tax (RZLT) is a new tax introduced in Finance Act 2021 which seeks to increase housing supply by encouraging the activation of development on lands which are suitably zoned and appropriately serviced. It aims to bring those lands which have benefitted from investment in services and are capable of being developed forward for housing, rather than to raise revenue.

The tax measure is a key pillar of the Government’s response to address the urgent need to increase housing supply in suitable locations. However, it is important that affected landowners have sufficient opportunity to engage with the mapping process and that a fair and transparent process is applied when local authorities consider what land should be placed on the RZLT maps. Therefore, as part of Budget 2024, it was decided to extend the initial liability date of the tax by one year, from February 2024 to February 2025.

The purpose of this deferral is to allow for the annual mapping cycle to complete and afford landowners another opportunity to make submissions if their land is included on the maps prepared by local authorities .

In relation to the Deputy's question regarding any initial calculations on the estimated revenue yield that may be generated by the residential zoned land tax, at this time it is not possible to estimate a projected yield as the mapping process by local authorities has not yet concluded.

The revised final maps will be published on 31 January 2025 and the initial liability date for landowners will now be 1 February 2025. When the zoned land mapping process is concluded and the revised final maps are published, I will be in a better position to provide an estimate of the projected yield from land falling within scope of the tax.

Tax Code

Questions (65)

Peter Burke

Question:

65. Deputy Peter Burke asked the Minister for Finance to set out the timeframe a taxpayer can appeal a capital gains tax assessment after discharging same. [51412/23]

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Written answers

It should be noted that the Tax Appeals Commission is the independent body responsible for receiving, accepting, and adjudicating appeals.

I am informed by Revenue that that the timeframe a taxpayer can appeal a Capital Gains Tax assessment is as follows:

Section 959AF(1) Taxes Consolidation Act 1997 (TCA) provides that (with certain exceptions) a person aggrieved by a Revenue assessment or amended Revenue assessment may appeal to the Appeal Commissioners within 30 days after the date of the notice of assessment.

Section 959AF(2) TCA provides a right of appeal to a person where the person is aggrieved that a Revenue assessment is made or amended outside of the relevant statutory time limit.

Where an appeal to the Appeal Commissioners is not made within 30 days after the date of the notice of assessment, the assessment will be final and conclusive.

An individual may lodge a late appeal against an assessment after the expiration of the 30 day period. However, Section 949O TCA provides the Appeal Commissioners discretion regarding whether to accept or refuse a late appeal.

The Appeal Commissioners may accept a late appeal lodged within 12 months from the end of the 30 day period where they are satisfied that the appellant was prevented by absence, sickness or other reasonable cause from making the appeal within the 30 day period, and the appeal was made thereafter without unreasonable delay.

Furthermore, the Appeal Commissioners may accept a late appeal made in excess of 12 months from the end of the 30 day period. Acceptance may occur where the Appeal Commissioners are satisfied that the appellant was prevented by absence, sickness or other reasonable cause from making the appeal within the 30 day period, and the appeal was made thereafter without unreasonable delay. Additionally, the following conditions are also required to be met:

• the filing of any return associated with the assessment, and

• payment of the relevant assessment liability together with any associated late payment interest.

Departmental Policies

Questions (66)

Colm Burke

Question:

66. Deputy Colm Burke asked the Minister for Finance to give due consideration to establishing an expert group to advise the Government on the implementation of the Commission on Taxation and Welfare Report, recommending Government to develop fiscal measures to encourage a reduction in the consumption of ultra processed foods, to reduce the harms of such foods and to promote healthier eating; and if he will make a statement on the matter. [51500/23]

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Written answers

Government policies around the consumption of ultra processed foods and promotion of healthy eating are, in the first instance, the responsibility of my colleague the Minister for Health. I, and my officials, will engage with that Department on any fiscal measures that may come under consideration.

A Healthy Weight for Ireland, the Obesity Policy and Action Plan (OPAP), was launched 2016 under the auspices of the Healthy Ireland Framework (Healthy Ireland: A Framework for Improved Health and Wellbeing 2013-2025). It was developed in recognition of the growing need for a co-ordinated policy response to the increasing prevalence of obesity in Ireland. OPAP covers a 10-year period up to 2025 and aims to reverse obesity trends, prevent health complications, and reduce the overall burden for individuals, families, the health system, and the wider society and economy. It recognises that obesity is a complex, multi-faceted problem and needs a multi-pronged solution, with every sector of society playing its part.

OPAP includes a suite of prevention measures which were identified by the World Health Organisation (WHO, 2008) as cost-effective interventions, ranging from education and schools-based programmes to reformulation and fiscal policies with the aim of gradually changing Ireland’s obesogenic environment to facilitate consumption of healthier foods and drinks.

The introduction of an Irish Sugar-Sweetened Drinks (SSD) tax was first announced in the Programme for Government in May 2016 and was included in the suite of commitments under the Obesity Policy and Action Plan. The SSD tax was announced in Budget 2018, setting out the applicable tax rate structure, and the tax came into effect on the 1st of May in 2018.

The aim of the Irish SSD tax is to reduce rates of childhood and adult obesity in Ireland by reducing the consumption of sugar sweetened drinks as a contributor to health and dental deterioration, particularly among young people. The desired outcomes are twofold: (1) that individuals reduce consumption of sugar sweetened drinks by reducing amount consumed or switching to healthier choices; (2) that industry reformulates products to reduce (not necessarily remove) levels of added sugar in the drinks products.

The SSD tax is the first such fiscal measure in Ireland and a commitment was given to undertake an evaluation of the sugar sweetened drinks tax against the stated aims of the tax. Following an internal scoping review, the Department of Health went to tender for an external evaluation of the SSD Tax in August 2023.

Outcomes of interest from the study are primarily around the impact of the tax on the consumption of SSDs and on reformulation of SSD products. The contract for the evaluation was awarded in October and the evaluation is expected to be complete in Q1 of 2024. The results will be published in due course.

The results of this evaluation will inform future approaches to similar fiscal measures on high salt or highly processed foods. New tax policies are outlined and kept under review as part of the Department's Tax Strategy Group Paper.

Departmental Policies

Questions (67, 68)

Denis Naughten

Question:

67. Deputy Denis Naughten asked the Minister for Finance the current status of the Final Report of the National Disability Inclusion Strategy Transport Working Group recommendation that the current Disabled Drivers and Disabled Passengers Scheme was outdated and should be replaced with a needs-based, grant-aided vehicular adaptation scheme; and if he will make a statement on the matter. [51530/23]

View answer

Denis Naughten

Question:

68. Deputy Denis Naughten asked the Minister for Finance the current status of his Department's recommendation to the National Disability Inclusion Strategy Transport Working Group that the current Disabled Drivers and Disabled Passengers Scheme should be replaced with a needs-based, grant-aided vehicular adaptation scheme; if all of the relevant Government Departments have been convened to discuss the way forward; the dates when the meetings were held; and if he will make a statement on the matter. [51531/23]

View answer

Written answers

I propose to take Questions Nos. 67 and 68 together.

The National Disability Inclusion Strategy Transport Working Group (NDIS TWG), comprising members from a range of Departments, agencies and Disabled Persons Organisations, was tasked to review all Government-funded transport and mobility supports for those with a disability, including the Disabled Drivers and Disabled Passengers Scheme (DDS). Officials from the Department of Children, Children, Equality, Disability, Integration and Youth (DCEDIY) led the work of the group.

The NDIS TWG final report was published on 24 February 2023, and welcomed the proposal put forward by the Department of Finance and the Criteria Sub-Group that the Disabled Drivers Scheme is replaced with a needs-based, grant-aided vehicular adaptation and indicated that the proposal was a clear deliverable on which work could begin in the relatively near future.

The NDIS TWG final report also notes in its conclusion that the Disabled Drivers Scheme is outdated and that the scheme needs to be addressed as a matter of priority. However, the final report does not set out next steps. It will be a matter for Government as to how to take this matter forward.

Access to transport for people with disabilities is a multifaceted issue that involves work carried out by multiple Government departments and agencies. Under the aegis of the Department of Taoiseach officials from relevant Departments and agencies are meeting to discuss the issues arising from the NDIS report and to map a way forward. My officials are proactively engaging with this Senior Officials Group work as an important step in considering ways to replace the Disabled Drivers Scheme, as one specific personal transport response, in the context of broader Government consideration of holistic, multifaceted and integrated transport and mobility supports for those with a disability. Two meetings have been held, the first in July and the second more recently at the beginning of November. Department of Taoiseach officials are currently considering material supplied after these meetings.

Question No. 68 answered with Question No. 67.

Flood Risk Management

Questions (69)

Ivana Bacik

Question:

69. Deputy Ivana Bacik asked the Minister for Public Expenditure, National Development Plan Delivery and Reform his views on delays in the construction of flood defences along Dublin Bay; and if he will make a statement on the matter. [51199/23]

View answer

Written answers

The Office of Public Works (OPW) is responsible for leading and coordinating the implementation of flood relief schemes to protect Ireland against significant flood risk from rivers and the sea. The Government has committed €1.3 billion, to 2030 under the National Development Plan, to deliver some 150 additional flood relief schemes identified as part of the OPW’s Catchment Flood Risk Assessment and Management (CFRAM) Programme. Since 2018, a partnership between the OPW and Local Authorities throughout the country has allowed Ireland to treble the number of flood relief schemes currently at design, development and construction stages, to some 100 schemes.

The progression of Flood Relief Schemes (FRS) involves complex engineering and construction solutions and therefore requires lengthy planning and decision lead-in times. The process for the development of FRSs follows a number of stages including preliminary design, planning, detailed design and construction. Extensive and detailed technical analysis is required to establish the most appropriate solution, which also has to be adaptable to the increased risk from climate change. Extensive public consultation is also required at various stages to ensure that those affected by a scheme have the opportunity to input into its design and implementation. Ecological and archaeological issues often require in-depth analysis in order to ensure that the technical solution selected will meet the requirements of existing EU and national environmental legislation.

In relation to FRS along Dublin Bay, the OPW is currently providing technical and financial support to Dublin City Council (DCC), that is leading the development and design of flood relief schemes along Dublin Bay, which includes the following schemes:

Sandymount Flood Relief Scheme (FRS): In 2022, following discussions between the OPW and DCC, it was agreed that the Sandymount FRS would be best progressed through a Steering Group consisting of representatives from the OPW and DCC. To facilitate the appointment of consultants for the Sandymount FRS, and following extensive consultation with the OPW, DCC is currently undertaking a tender process for the establishment of the Multi Party Framework Agreement for Consultant Engineering Design Services for Flood Alleviation Projects, with the initial contract being the Sandymount FRS. DCC issued its tender on the 2nd November 2023 and it is planned to appoint consultants in Q1 2024.

The development of a detailed project programme for the Sandymount FRS will commence following the appointment of a consultant. It is envisaged that Stage 1 of the Sandymount scheme, to identify an option to manage the flood risk will take approximately 3 years. Following the identification of the preferred option, the Sandymount scheme will be required to go through various stages of development including environmental assessments for planning, detailed design and construction.

River Wad 1B Flood Alleviation Scheme: This scheme comprises a new culvert under the Howth Road and a new outfall under Clontarf Promenade. This scheme has been granted planning approval in September 2023 and is progressing through detailed design. Construction is envisaged to commence in Q3 2024.

Clontarf Promenade: DCC is currently engaging with the OPW regarding the development of a project brief for the appointment of consultants to progress works on the Clontarf Promenade, and will seek to procure consultants through its Multi Party Framework Agreement for Consultant Engineering Design Services for Flood Alleviation Projects.

In addition, the OPW is also engaging with Fingal County Council regarding the Sutton and Howth North Flood Relief Scheme. A potential solution to flooding in this area was identified under the CFRAM Programme. While this scheme was not in the first tranche of schemes prioritised to be progressed, nationally, following the launch of the Flood Risk Management Plans (FRMP) in 2018, there is a commitment by Government to progress this scheme under the National Development Plan.

An Garda Síochána

Questions (70)

James Browne

Question:

70. Deputy James Browne asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if a tender process for a project (details supplied) has commenced; if so, its expected date of completion; and if he will make a statement on the matter. [51300/23]

View answer

Written answers

I can confirm that the procurement process for the Fitout and External Works project at Enniscorthy Garda Station has commenced. For security reasons for An Garda Síochána, it is necessary to use a two-stage process on eTenders. The prequalification stage is currently in progress and is expected to be complete in 2023. It is expected that tendering of the project will be complete in Q1 2024.

National Development Plan

Questions (71)

Alan Kelly

Question:

71. Deputy Alan Kelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the capital ceilings, by Department, for 2024 and 2025, as per the revised NDP, in tabular form. [51332/23]

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Written answers

Table 1 of the 2024 Summary Public Capital Programme set out below details the multi-annual public capital investment for 2024 and 2025 by Ministerial Group. The responsibility for the management and delivery of individual investment projects, within the capital allocations agreed under the National Development Plan, rests with the individual sponsoring Department in each case.

 TABLE 1

CAPITAL INVESTMENT ALLOCATIONS 2024 – 2025

2024*

2025*

€ million

€ million

AGRICULTURE, FOOD AND THE MARINE

315

290

CHILDREN, EQUALITY, DISABILITY,

INTEGRATION AND YOUTH GROUP

135

100

DEFENCE

176

142

EDUCATION

940

1,040

ENTERPRISE, TRADE  AND EMPLOYMENT

584

611

ENVIRONMENT, CLIMATE AND

COMMUNICATIONS

950

1,100

FINANCE GROUP

27

23

FOREIGN AFFAIRS GROUP

25

25

FURTHER AND HIGHER EDUCATION, RESEARCH,

INNOVATION AND SCIENCE

620

652

HEALTH

1,232

1,360

HOUSING, LOCAL GOVERNMENT AND HERITAGE GROUP

3,883

4,016

JUSTICE GROUP

274

278

PUBLIC EXPENDITURE AND REFORM GROUP

308

330

RURAL AND COMMUNITY DEVELOPMENT

210

205

SOCIAL PROTECTION

16

17

TOURISM, CULTURE, ARTS, GAELTACHT, SPORTS AND MEDIA

221

214

TRANSPORT

2,664

2,665

TOTAL GROSS CAPITAL EXPENDITURE CEILINGS*

13,103

14,352

SHARED ISLAND FUND

122

150

EUROPEAN REGIONAL DEVELOPMENT FUND

115

115

WINDFALL CAPITAL INVESTMENT

250

750

ANNUAL PRIORITY RESERVE

35

269

*Rounding effects totals

Departmental Policies

Questions (72)

Peter Burke

Question:

72. Deputy Peter Burke asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide an update on amendments to the capital works management framework in relation to public works contracts on foot of high inflation costs for construction materials and details of other supports available to contractors. [51413/23]

View answer

Written answers

The Capital Works Management Framework (CWMF) represents the tools that a public body must use to procure and manage the external resources necessary to deliver a public works project that is to be delivered under the Exchequer-funded element of the National Development Plan. It consists of a suite of best practice guidance, standard contracts, generic template documents and procedures that cover all aspects of the delivery process of a public works project from inception to completion of the construction stage and the review of its delivery.

A review of the policies and practices deployed in the procurement of public works projects commenced in March 2019 and is ongoing. A high-level strategy has been developed by the Office of Government Procurement (OGP) with the Government Construction Contracts Committee (GCCC) that will guide the implementation and will be addressed primarily through the progressive refinement and enhancement of the CWMF.

The focus of the review is on improving the delivery of construction projects in terms of quality, timely delivery and cost outcomes. The review will deliver significant changes to the CWMF over the coming years. The review process involves extensive engagement, both with industry stakeholders, and with the public bodies charged with the delivery of public works projects on a broad range of issues such as:

• price variation

• risk management

• creating a better quality: price balance in the award of contracts

• adoption of Building Information Modelling (BIM) on public works projects

• liability, indemnity and insurance requirements

• performance evaluation

• encouraging collaborative working

Work on the review was impacted by Covid-19 as resources were diverted to the many challenges that arose as a result of the public health measures that were introduced to control its spread. These measures ranged from shutting down the sector entirely to constraints on output once contractors were permitted to reopen construction sites. We also witnessed sudden price increases and supply chain disruption immediately after economies reopened in the aftermath of the vaccination programme.

In response to these events the OGP published guidance and developed measures to enable parties to public works contracts to work through the challenges that were created.

It has only been since the beginning of this year that the OGP has been able to refocus completely on the broader review programme resulting in significant amendments to the CWMF aimed at rebalancing the level of risk transferred under the public works contracts, while maintaining expenditure control for contracting authorities.

Inflation costs

Since early in 2022 measures have been introduced to steadily reduce the level of inflation risk that contractors are expected to bear on public works projects in response to the increased level of price volatility which arose in the aftermath of the pandemic and further increased following the Russian invasion of Ukraine. Most recently, in July 2023, further amendments were made to the Public Works Contract to provide greater certainty to contractors in response to continuing inflationary pressures in the construction market.

The package included:

• amending the Price Variation Mechanism for recovery of inflationary cost to an approach solely based on indices published by the Central Statistics Office

• removing the fixed price period for materials, energy and fuel

• lowering the threshold for recovery of inflationary costs in key material categories

• introducing a simple price variation provision to cover materials in Public Works Contracts of lesser value

The Price Variation mechanism now operates using a formula fluctuation method which responds to movements in the publicly available indices published by the Central Statistics Office, ensuring that both parties are adhering to a fair and transparent process.

There is no longer a fixed price period for materials, fuel and energy but a fixed period of 2 years from the tender date still applies to labour costs.

The threshold above which the contractor can recover price increases due to inflation has been reduced to a range between 3 – 10% which the contracting authority selects.

Simpler mechanisms to determine adjustments to the contract sum for inflation have been provided in the forms of contract which apply to works with a value less than €5m.

Price Variation Workbooks and guidance were published in July 2023 to simplify and streamline the calculation of inflation increases for contracting authorities and contractors alike.

Whilst the level of inflation risk has been greatly reduced, it remains the case that contractors should carry some degree of the additional costs arising due to inflation because it encourages more efficient purchasing thereby addressing value for money concerns.

Professional Indemnity Insurance

Professional indemnity insurance (PII) protects the insured against claims for alleged negligence or breach of duty arising from an act, error or omission in the performance of professional services. It is typically carried by consultants and contractors engaged in design and advisory services on construction projects. PII provides cover on a ‘claims made’ basis and purchasers of PII are reliant on the policy in place at the time the claim is made to react. This may be many years removed from when the act or omission that is the subject of the claim occurred.

The market for PII has tightened considerably since 2019 as the level of capital available to this insurance category has reduced in response to a thematic review undertaken by Lloyds which identified PII as loss making. It has resulted substantial increases in the cost of premiums and a reduction in the level of cover that was generally available prior to 2019 meaning that fewer businesses were able to meet the standard PII requirements set down in the procurement templates published under the CWMF.

With respect to live contracts many consultants and contractors are now unable to obtain the level of cover that they are contractually required to carry over the duration of the contract.

The OGP engaged with key stakeholders on the issue of liability, indemnities and insurance and reviewed broader aspects of the required terms in the contracts used to engage design teams and contractors. Arising out of the engagement, amendments to CWMF documents and additional guidance were published in February 2022 to address PII challenges.

A further recommendation arising out of that engagement was to introduce caps on liability into the suite of CWMF contracts to provide certainty to all those engaged in the delivery of public works projects as to the extent of their liability in the event of a breach.

Guidance was published that sets levels of insurance that are available in the market place. These are set at levels appropriate to the scale of project being undertaken. Guidance on alternative products for contracting authorities who may wish to have greater certainty as to the level of cover that will be available on a project basis has also been published.

Procurement templates were revised to cater for the new arrangements. The final phase concluded with the introduction of liability caps into the forms of contracts used to engage consultants in Q1 2023 and those for works contractors in Q3 2023

Adoption of BIM on public works projects

A key theme of the review of the CWMF is the development of high quality information to enable better-informed decision making and reducing risk on construction projects. Building Information Modelling (BIM) represents a standards driven process to structure the information generated on a construction project. A high level implementation plan was outlined by Minister DPENDR and Minister of State for Public Procurement in July 2023 setting out dates for a phased adoption of BIM on public works projects.

The implementation strategy has factored in the varying levels of BIM skills that currently exist in the Irish Construction Sector. BIM will be phased into public works projects over a four-year period commencing in January 2024 with large-scale projects initially.

Government is providing support to industry to adopt BIM through the Build Digital project.

BIM offers industry the opportunity to rationalise its working methods, reduce waste and explore opportunities for off-site production. These all contribute to a leaner and safer project delivery making the industry a more attractive proposition from an investment and recruitment perspective.

The Government’s initiative is broader than merely the public capital programme but is aimed at the industry as a whole. The recent publication of new Standards for BIM by the International Organisation Standards (ISO) will develop a consistent approach to the delivery of BIM in Ireland and in a worldwide market.

The NSAI BIM Mirror Group has published an Irish Annex to ISO 19650-2:2018 for use in the Irish construction sector for both public and private sector projects.

Other work stream updates

• A series of workshops commenced Q3 2023 between stakeholders as part of the overall programme to reform the manner in which construction technical professional consultancy services are engaged. These workshops are focussed on better definition of the scope of service requirements. It is intended to complete the review by end 2023, with a series of recommendations implemented throughout 2024.

• Work is ongoing on introducing a fee adjustment mechanism for inflation in the forms of contract used to engage consultancy services.

• New template forms for the cost planning and cost control of building projects and civil engineering projects were published in August 2023 to incorporate the International Cost Management Standard (ICMS). ICMS is a global standard for benchmarking and reporting of construction project costs and covers both capital and whole life costing, while providing a way of presenting costs in a consistent format.

Together these reform processes will lead to meaningful policy change and will assist in delivering better value for money for the taxpayer in the implementation of Project Ireland 2040.

Flood Risk Management

Questions (73)

David Stanton

Question:

73. Deputy David Stanton asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to outline the procedure required so that householders and businesses can be supported by the Office of Public Works and by local authorities to install flood defence doors and barriers in areas at risk of flooding; and if he will make a statement on the matter. [51457/23]

View answer

Written answers

Local flooding issues are a matter for each local authority to investigate and address in the first instance.

Under the Minor Flood Mitigation Works and Coastal Protection Scheme, funding may be made available by the Office of Public Works to local authorities to undertake minor flood mitigation works or studies to address localised flooding and coastal protection problems within their administrative areas.

It is a matter for individual local authorities to consider and submit applications for funding under the scheme including any proposals for the provision of flood defence doors.

The local authority must be the promoter and proposer of the project and will be fully responsible for the implementation of the measures and ensuring that all relevant and necessary statutory requirements are met.

By way of example, the OPW approved funding to local authorities for proposals for the following projects under this scheme:

• Cork County Council for the installation of 8 flood barriers for premises in Durrus. The OPW approved funding of €15,366 in 2023.

• Wexford County Council for the installation of flood gates to protect 51 properties (commercial and residential) in Bridgetown. The OPW approved funding of €157,770 in 2022.

• Galway County Council for the installation of flood barriers to protect 25 properties (commercial and residential) in Kinvara. The OPW approved funding of €42,462 in 2021.

Work Permits

Questions (74)

Catherine Connolly

Question:

74. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment the status of the report by the Implementation Group to address the recommendations of the March 2022 Department of Justice Report on the Review of the Atypical Working Scheme for non-EEA Crew in the Irish Fishing Fleet; the timeline for the publication of the report; and if he will make a statement on the matter. [51379/23]

View answer

Written answers

Following the Department of Justice Report on the Review of the Atypical Working Scheme for non-EEA Crew in the Irish Fishing Fleet, the Implementation Group to address the Report's recommendations was established. This Group includes representatives from the three Government Departments along with representatives from sector agencies.

The work of the Implementation Group has progressed well over the past year with work currently focused on providing assistance and guidance to the fishing sector on the final stages of securing inclusion of non-EEA fisher crew as an eligible occupation for employment permits.

My Department is engaging with An Bord Iascaigh Mhara in a consultation exercise to conclude this transition and establish the conditions governing the fishing sector's access to the Employment Permits System in a structured and well managed manner. My Department met with sector stakeholders bodies during October and are awaiting written observation from the sector on the draft structure.

Following that process the Implementation Group expect a report to be finalised in the coming weeks.

Departmental Schemes

Questions (75)

Michael Ring

Question:

75. Deputy Michael Ring asked the Minister for Enterprise, Trade and Employment the reason businesses that paid in cash are excluded from the business users support scheme for kerosene (details supplied); and if he will make a statement on the matter. [51407/23]

View answer

Written answers

On 6th September this year, Minister Coveney launched the Business Users Support Scheme for Kerosene to provide support to businesses that were impacted by significant increases in the cost of this fuel following the Russian invasion of Ukraine in 2022. The scheme provided eligible businesses with a payment to reimburse them for half of their increased costs in the period from 1st March to 31st December 2022, compared to the equivalent period in 2021.

The Business Users Support Scheme for Kerosene closed to applications on the 31st October this year.

My Department is responsible for the policy design and funding of the scheme and the scheme is administered by Enterprise Ireland through a third party.

In order to ensure a suitable level of corporate governance and full financial traceability of payments to suppliers by applicant businesses it was deemed appropriate to build in a validation process with robust evidence of payment by the business for the amounts of Kerosene purchased. This is in line with other schemes administered by Enterprise Ireland on behalf of the Department.

Work Permits

Questions (76)

Peter Burke

Question:

76. Deputy Peter Burke asked the Minister for Enterprise, Trade and Employment if there is any expansion of the work quota permits for employers. [51410/23]

View answer

Written answers

The occupations lists (Ineligible Occupations List and Critical Skills Occupation List) for employment permits are currently being revised as part of an evidence-based review which incorporates a public consultation to provide stakeholders with an opportunity to submit data on the extent of skills or labour shortages.

The deliberative process is ongoing at present with Submissions to the review under consideration by the Interdepartmental Group (IDG) on Economic Migration Policy. The IDG was convened in late October to oversee the review, consider all evidence and submissions and to collect the observations from Government departments including from the Department of Agriculture, Food and the Marine which has policy responsibility for agri-food occupations some of which have been subject to quota restrictions in recent times.

While the quota of employment permits in many occupations in this sector have been fully allocated, I can confirm that my Department received a number of submissions in relation to occupations within the sector by way of the public consultation which was open during the summer.

It is expected that a report will be finalised for my consideration by the end of the month following which any approved recommendations would be implemented through amendment to the Employment Permits regulations thereafter.

Industrial Development

Questions (77)

Matt Carthy

Question:

77. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment if an IDA business development consultant has been hired; if Government have reconsidered the creation of such a role in light of the ongoing breaches of international humanitarian law and ongoing war crimes committed by Israel. [51416/23]

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Written answers

The Deputy will appreciate that these are operational matters for IDA Ireland and not ones for which I have a direct role in.

IDA Ireland has informed my Department that it had successfully tendered for a part-time Israel-based Business Development Consultant during 2021 with the contract commencing in February 2022 and that this contract ended 12 months later, at the end of January 2023. Following the evaluation stage of a new tender competition earlier this year, IDA Ireland was unable to conclude a contract with the successful tenderer.

My Department has further been informed that following consideration IDA Ireland took the decision to cancel this tender competition and a cancellation notice was issued in October 2023. At this time, IDA Ireland does not envisage re-tendering for the contract.

Schools Building Projects

Questions (78)

Pádraig Mac Lochlainn

Question:

78. Deputy Pádraig Mac Lochlainn asked the Minister for Education to provide urgent clarification on the timeline for the construction and handover of the new three-school campus at Buncrana, County Donegal, in response to recent media reports that this long-delayed and vital project will not be completed until 2030; and if she will honour the previously-made commitments to fast-track this project. [51162/23]

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Written answers

As the Deputy is aware, the building project referred to has been devolved for delivery to Donegal Education and Training Board (DETB).

The Design Team is currently progressing through Stage 1 of the architectural planning process, which involves developing options for both school buildings. DETB will submit a Stage 1 report to the Department once all viable options for the site have been assessed in full.

Project progression through the various stages of architectural design, planning, procurement and construction varies from project to project. Project size and complexity, site conditions and statutory requirements and approvals all have a significant bearing on project timelines.

As this project is at an early stage in the delivery process, it is not possible at this time to give a date for its completion. It should, however, be noted that a school is ready for occupation at the end of construction (Stage 4) and not at the end of Stage 5 (final account) as indicated in the media report. As the delivery body for the project, DETB is engaging directly with the school community to keep it informed of progress.

School Staff

Questions (79)

Steven Matthews

Question:

79. Deputy Steven Matthews asked the Minister for Education the position regarding any initiatives at a Department level that seek to increase the supply of substitute primary school teachers; if she is concerned about the impact of the current shortfall in these roles; and if she will make a statement on the matter. [51189/23]

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Written answers

Ensuring that every child's experience in school is positive and that they have qualified, engaged teachers available to support them in their learning is a priority area of action for the Government.

The recruitment and appointment of teachers to fill teaching posts is a matter for individual school authorities, subject to procedures agreed under Section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012). There are more than 3,700 individual employers (boards of management of primary schools and post-primary schools, as well as ETBs).

While schools in certain locations are experiencing challenges in both recruiting teachers and obtaining substitute teachers, the vast majority of sanctioned teacher positions are filled. The rate of resignation and retirement is very low by any standard and is consistent with previous years.

The teacher allocation ratio in primary schools is now at the lowest ever seen at primary level. The average student-per-teacher ratio in primary schools reduced by 10% between 2017 and 2023.

Budget 2024 contains a range of measures that demonstrate my commitment to continued investment in our education system. In addition to numerous actions I have taken in recent years to address teacher supply, a number of specific, targeted measures will be introduced with the new funding provided.

These include a professional masters' of education (PME) incentive scheme and increasing the number of posts of responsibility.

• A professional masters' of education (PME) incentive scheme will be introduced for newly qualified teachers graduating in 2024. Those newly qualified teachers who graduate with a PME will, subject to some conditions, be eligible for an incentive payment of up to €2,000. This incentive payment will be paid to eligible primary and post-primary teachers in 2025. It will recognise the costs that PME students incur when completing their initial teacher education, assist them with these costs and encourage suitable candidates to consider a career in teaching.

• Also, an additional 1,000 posts of responsibility will be provided in the school system for the 2024/25 school year. This is in recognition that school leaders play a key role in improving educational outcomes by creating a positive school climate and environment as well as motivating and empowering educators and learners within their school communities.

These new measures are in addition to a range of targeted measures that I have introduced in recent times, including:

• I have met with the primary teacher initial education providers on continuing existing flexibilities that enable student teachers to support schools, either while on placement, or in a substitute capacity. In 2022/23, more than 2,700 3rd and 4th-year undergraduate student teachers registered with the Teaching Council and provided valuable support to schools as substitute teachers. This number is expected to be exceeded in the current school year.

• Restrictions on job-sharing teachers from working as substitutes have been reduced. These teachers may be employed to work as substitutes during the period they are rostered off duty.

• Limits on substitute work applying to teachers on career breaks have also been suspended.

• Newly qualified teachers (NQTs) employed in primary schools will from 13 November be able to apply to the Teaching Council to complete the Droichead process while employed on a Supply Panel or Principal Release Time Post. This measure increases the attractiveness of these posts to NQTs, and supports primary schools to provide substitute cover.

• Continuing the operation of primary substitute teacher supply panels in 2023/24, with 590 teaching posts allocated to 166 panels covering nearly 2,900 schools. This scheme provides substitute cover for teachers employed in primary schools who are absent on short-term leave.

• A waiver of abatement for retired teachers returning to teach for up to 50 days in each of the three calendar years 2021 to 2023 inclusive has been agreed with the Department of Public Expenditure, NDP and Reform.

• The Teaching Transforms campaign continues to promote the teaching profession and encourage students to follow a career in teaching. The campaign uses digital, radio, and video media, and is supported by a dedicated webpage, www.gov.ie/teachingtransforms.

• I approved 610 additional places on primary initial teacher education programmes for this and the next academic year (2023/24 and 2024/25).

Teaching is an attractive career choice:

• Starting pay for primary teachers is over €41,000 since October under the extension to Building Momentum.

• Over 3,700 newly qualified teachers have registered with the Teaching Council in 2023, with over 120,000 now on the Teaching Council register. There has been an increase of 20% in the number of students graduating from initial teacher education programmes between 2018 and 2023, and 27% increase in the number registered with the Teaching Council during this period.

My Department continues to engage closely with school management bodies, teacher unions, and other education stakeholders to develop further, innovative measures to address teacher supply issues.

Special Educational Needs

Questions (80)

Charles Flanagan

Question:

80. Deputy Charles Flanagan asked the Minister for Education the progress to date on the provision of an ASD unit at a school (details supplied); and if she will make a statement on the matter. [51190/23]

View answer

Written answers

I wish to advise the Deputy that my Department has no current record of receiving an application for additional accommodation from the school in question regarding provision of an ASD Unit.

The National Council for Special Education (NCSE) has a statutory function to plan and co-ordinate the provision of education and support services to children with special educational needs, in consultation with the relevant education partners and the Health Service Executive (HSE). This includes the establishment of special class and special school placements in various geographical areas where there is an identified need.

When the NCSE sanction a special class in a school (primary or post-primary), school authorities can apply to my Department for capital funding to re-configure an existing space within the school building to accommodate the class and/or to construct additional accommodation under my Department’s Additional School Accommodation Scheme (ASA). ASA application forms are available on my Department’s website www.education.ie.

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