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Wednesday, 3 Oct 2012

Written Answers Nos. 101-107

School Accommodation

Ceisteanna (101)

Thomas P. Broughan

Ceist:

101. Deputy Thomas P. Broughan asked the Minister for Education and Skills the additional accommodation/refurbishments that were carried out at (details supplied) in Dublin 13 for the years 2007 to date in 2012; and if he will make a statement on the matter. [42164/12]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy received funding under my Department's Summer Schemes in 2007 and 2010 for window replacement projects. Funding was issued in 2009 for toilet upgrade works. The school also received funding in 2010 under my Department's Energy Efficiency Scheme for wall insulation and were allocated funding earlier this year to replace equipment in the school's Home Economics Room.

Departmental Correspondence

Ceisteanna (102)

Seán Ó Fearghaíl

Ceist:

102. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if he will examine the contents of a letter (details supplied) issued from his office; and if he will make a statement on the matter. [42230/12]

Amharc ar fhreagra

Freagraí scríofa

The circumstance of this employment have been examined in detail by both my Department and City of Dublin VEC. The person concerned has accessed relevant appeal procedures. There is no further role for my Department in this matter.

Departmental Staff Remuneration

Ceisteanna (103)

Thomas Pringle

Ceist:

103. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform the number of public servants that earn between €80,000 and €100,000 annually; and the proportion that this number represents in the public sector pay bill. [42125/12]

Amharc ar fhreagra

Freagraí scríofa

I refer to my reply to Parliamentary Question Nos. 91, 93 and 94 of 19 September 2012.

The closest data currently available within the Department to that sought by the Deputy is the estimated breakdown of employee numbers on a whole time equivalent basis (based on a whole time equivalent figure of 292,000 in the first quarter of 2012) by salary range within the public service. The estimated number of public servants in the annual salary range of €80,000 to €100,000 is some 9,296 representing 3.18% of the total whole time equivalent figure of 292,000. The salary range of €80,000 to €100,000 excludes the impact on the gross salary of the Financial Emergency Measures in the Public Interest Act 2009 which imposes a progressive pension related deduction of 7.9% to 8.5% on salaries of public servants in this salary range effective from March 2009.

Departmental Expenditure

Ceisteanna (104)

Shane Ross

Ceist:

104. Deputy Shane Ross asked the Minister for Public Expenditure and Reform if he will outline in detail the political funding to be paid to each qualifying party for 2012, including Leaders’ Allowance, Electoral Act Funding and the qualifying parties’ staffing allocation, with a break-down of the acceptable uses for each fund; the reforms that are planned; and if he will make a statement on the matter. [42145/12]

Amharc ar fhreagra

Freagraí scríofa

The Party Leader’s Allowance is provided for in the Oireachtas (Ministerial and Parliamentary Offices) Act, 1938, as amended by the Oireachtas (Ministerial and Parliamentary Offices (Amendment) Act, 2001. The allowance is paid to the parliamentary leader of a qualifying party in relation to expenses arising from the parliamentary activities, including research, of the party. A "qualifying party" is defined in the Party Leaders Allowance Act as a political party registered in the Register of Political Parties which contested the last general election or any subsequent by-elections and which had at least one member elected to Dáil Éireann or elected or nominated to Seanad Éireann at that general election or at any subsequent by-election. Payments are made in respect of members of the party elected to Dáil Éireann and members elected/nominated to Seanad Éireann at the last preceding general election, or a subsequent bye-election or, in the case of Seanad Éireann, nominated to it after the last preceding general election.

Under the legislation, the amounts paid to the parliamentary leader of a qualifying party are calculated on the following basis:

TDs

Government Parties*

First 10 members

71,520

47,680

11 members to 30

57,214

38,143

More than 30 members

28,616

19,077

Senators

First 5 members

46,766

Over 5 members

23,383

*The legislation provides that, in the case of a qualifying party forming part of the Government, the combined allowances due in respect of TDs of that party are reduced by one third.

The legislation also provides that payments may be made to a member of Dáil Éireann, who at the last preceding general election or at a subsequent by-election was elected as a member other than as a member of a qualifying party, i.e. an Independent Member. Such qualifying Independent TDs are entitled to an annual rate of €41,152. A similar provision in the Act provides for an annual payment of €23,383 for Independent Senators. The methodology used for calculation of the Party Leaders allowance for each qualifying party, and the annual amounts payable, are set out in Appendix I. The Act prescribes 11 different categories of expenditure, including research, which are regarded as expenses arising from parliamentary activities for the purposes of entitlement to the allowance. These are set out at Appendix II. The primary restriction in the Act on the use of the allowance is that it may not be used in respect of election expenses.

I intend to bring proposals to Government shortly in relation to reviewing the Allowance. Any change proposed following that review will require primary legislation to be prepared. Responsibility for the Electoral Acts is a matter for my colleague, the Minister for the Environment, Community and Local Government. Provision is made for two payments to be made to qualifying political parties under the Electoral Acts. A qualifying party under these Acts is a party which is registered in the Register of Political Parties in accordance with Section 25 of the Electoral Act, 1992 as a party organised in the State to contest a Dáil election, and whose candidates received not less than 2% of the total first preference votes obtained by all candidates at the most recent Dáil general election.

Section 50(c)(ii)(I)(a) of the Electoral (Amendment) Act 2001, provides for an annual sum of €4.948 million to be shared among qualified political parties. Payments are calculated on the basis of the share of first preference votes obtained by an individual qualified party at the previous general election. Section 50(c)(i)(a) of the Electoral (Amendment) Act 2001 provides for an annual payment in each period of 12 months to each qualified party of €126,973.81. Under section 18 of the 1997 Act, as amended by the 2001 Act, parties shall, subject to guidelines issued by the Standards in Public Office Commission, apply such payments to:

“the general conduct and management of the party’s affairs and the lawful pursuit by it of any of its objectives and, without prejudice to the generality of the foregoing, to any or all of the following purposes, namely

(i) the general administration of the party,

(ii) research, education and training,

(iii) policy formulation, and

(iv) the co-ordination of the activities of the branches and members of the party.

Payments made to a qualified party under this Part shall be deemed to include provision in respect of expenditure by the party in relation to the promotion of participation by women and young persons in political activity.”

Application of this funding to election expenses is not allowed.

The Electoral (Amendment)(Political Funding) Act 2012, which was recently enacted, will severely curtail corporate donations and cut the amounts that can be donated to political parties. The same legislation also includes provision that Political Parties that do not select at least 30% women candidates and at least 30% men candidates at the next General Election will face a cut of half of their State funding. It also makes provision for decreases as well as increases in civil service pay to be applied to the funding provided under the Electoral Acts. The methodology used for calculation of amounts payable under the Electoral (Amendment) Act 2001 is set out in Appendix III.

Finally, additional supports to the activities of members of each House, including secretarial assistance, are provided directly to members of each House under the auspices of the Oireachtas Commission. Since 2004, the Houses of the Oireachtas Commission has been financed from the Central Fund. The Houses of the Oireachtas Commission Act is amended every three years to provide for Oireachtas funding allocation for the following three years. The legislation is also amended as necessary to update finance, staffing, and governance procedures. It is envisaged that amending legislation will be enacted before the end of 2012. Qualifying parties staffing allocations is a matter for the Oireachtas Commission and are provided for by regulation. The following table sets out the current allocations:

Party

Allocation of Secretarial Assistants

Fine Gael

26

Labour

13

Fianna Fáil

23

Sinn Féin

12.83

People Before Profit

1.6

Socialist

1.6

Appendix I

Party Leader’s Allowance – total annual amounts payable

Summary

Fine Gael

€2,678,403

Labour

€1,789,783

Fianna Fáil

€1,674,403

Sinn Fein

€1,084,354

Socialist Party

€143,040

People Before Profit

€143,040

Independent TDs and Senators

€897,876

Total

€8,410,899

Calculation of the annual amount of the Party Leader’s Allowance payable to each parliamentary leader of the qualifying parties of the 31st Dáil

Fine Gael

Category

No. of TD's

Rate

Due

First 10 Members

10

€71,520

€715,200

11 to 30

20

€57,214

€1,144,280

31 and over

46

€28,616

€1,316,336

sub-total

€3,175,816

Less 1/3 Government Party deduction

€1,058,605

Total

76

€2,117,211

Category

No. of Senators

Rate

Due

First 5 Members

5

€46,766

€233,830

over 5

14

€23,383

€327,362

Total

19

€561,192

Overall Total Due

€2,678,403

Calculation of the annual amount of the Party Leader’s Allowance payable to each parliamentary leader of the qualifying parties of the 31st Dáil

Fine Gael

Category

No. of TD's

Rate

Due

First 10 Members

10

€71,520

€715,200

11 to 30

20

€57,214

€1,144,280

31 and over

46

€28,616

€1,316,336

sub-total

€3,175,816

Less 1/3 Government Party deduction

€1,058,605

Total

76

€2,117,211

Category

No. of Senators

Rate

Due

First 5 Members

5

€46,766

€233,830

over 5

14

€23,383

€327,362

Total

19

€561,192

Overall Total Due

€2,678,403

Labour

Category

No. of TD's

Rate

Due

First 10 Members

10

€71,520

€715,200

11 to 30

20

€57,214

€1,144,280

31 and over

8

€28,616

€228,928

sub-total

€2,088,408

Less 1/3 Government Party deduction

€696,136

Total

38

€1,392,272

Category

No. of Senators

Rate

Due

First 5 Members

5

€46,766

€233,830

over 5

7

€23,383

€163,681

Total

12

€397,511

Overall Total Due

€1,789,783

Fianna Fáil

Category

No. of TD's

Rate

Due

First 10 Members

10

€71,520

€715,200

11 to 30

9

€57,214

€514,926

31 and over

0

€28,616

€0

Total

19

€1,230,126

Category

No. of Senators

Rate

Due

First 5 Members

5

€46,766

€233,830

over 5

9

€23,383

€210,447

Total

14

€444,277

Overall Total Due

€1,674,403

Sinn Féin

Category

No. of TD's

Rate

Due

First 10 Members

10

€71,520

€715,200

11 to 30

4

€57,214

€228,856

31 and over

0

€28,616

€0

Total

14

€944,056

Category

No. of Senators

Rate

Due

First 5 Members

3

€46,766

€140,298

over 5

0

€23,383

€0

Total

3

€140,298

Overall Total Due

€1,084,354

Socialist Party

Category

No. of TD's

Rate

Due

First 10 Members

2

€71,520

€143,040

11 to 30

0

€57,214

€0

31 and over

0

€28,616

€0

Total

2

€143,040

Overall Total Due

€143,040

People Before Profit

Category

No. of TD's

Rate

Due

First 10 Members

2

€71,520

€143,040

11 to 30

0

€57,214

€0

31 and over

0

€28,616

€0

Total

2

€143,040

Overall Total Due

€143,040

Independents

Category

No. of TD's

Rate

Due

15

€41,152

€617,280

Category

No. of Senators

Rate

Due

12

€23,383

€280,596

Overall Total Due

€897,876

Appendix II

Relevant expenditure for the purposes of the Party Leader’s Allowance

Expenses arising from parliamentary activities, including research includes expenditure on the following categories—

1. the general administration of the parliamentary activities of a qualifying party;

2. the provision of technical or specialist advice likely to be required in connection with legislative proposals or potential parliamentary initiatives;

3. research and training;

4. policy formulation;

5. the provision of consultants’ services, including the engagement of public relations consultants;

6. polling or public attitude sampling in connection with parliamentary debates or initiatives;

7. the purchase of support services for a parliamentary party from the party;

8. the payment to a parliamentary leader of any salary or honorarium in respect of duties arising from his or her activities as such leader as distinct from those of a member of Dail Eireann or a holder of a ministerial office;

9. the payment to another person of any salary or honorarium in respect of duties arising from the person’s activities in a parliamentary party;

10. the provision for, or recoupment of, transport and personal expenditure incurred by a parliamentary leader, officers or a parliamentary party spokesperson as a result of their parliamentary party function; and

11. entertainment.

Appendix III

Calculation of the annual amounts payable under the Electoral (Amendment) Act, 2001 to the qualifying parties of the 31st Dáil

Section 50(c)(ii)(I)(a)

Party

1 st Preference Votes as % of total 1 st preference votes of qualified parties

Amount payable

Fine Gael

43.533

€2,154,080.84

Labour

23.449

€1,160,292.92

Fianna Fáil

21.036

€1,040,882.44

Sinn Féin

11.983

€592,945.48

Total

€4,948,201.68

Section 50(c)(i)(a)

Summary

Amount

Fine Gael

€126,973.81

Labour

€126,973.81

Fianna Fáil

€126,973.81

Sinn Fein

€126,973.81

Garda Stations Refurbishment

Ceisteanna (105)

Thomas P. Broughan

Ceist:

105. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if he will provide funding to refurbish the front public office and the male and female toilets at a location (details supplied); and if he will make a statement on the matter. [42162/12]

Amharc ar fhreagra

Freagraí scríofa

The Commissioners of Public Works undertake refurbishments at Garda stations, which have been prioritised by the Garda Síochána, subject to available funds. Refurbishment to the public office and toilets at Coolock Garda station has not been prioritised by the Garda Síochána.

Building Regulations Application

Ceisteanna (106)

James Bannon

Ceist:

106. Deputy James Bannon asked the Minister for Jobs; Enterprise and Innovation if he will account for the discrepancy which enables Northern Ireland contractors or builders who do not have to pay into the Construction Industry Federation pensions to compete for Republic of Ireland contracts at a more competitive level; and if he will make a statement on the matter. [42112/12]

Amharc ar fhreagra

Freagraí scríofa

All construction related projects involving public expenditure must conform to Department of Finance Public Procurement Procedures. These procedures state that contracting firms including subcontractors must be compliant with all statutory legislation including Registered Employment Agreements when engaged on public works contract, thereby creating a level playing field for competing tenderers.

The standard Public Works Contract between a Contractor and procuring authority requires the Contractor to undertake to ensure that the wage rates and other terms and conditions for all workers (including employees of sub-contractors) comply with relevant REAs. There are two REAs in place for the construction industry; one of which deals specifically with pensions assurance and sick pay. The second REA deals with wages and other conditions of employment. Separately, there is also an REA in place for the electrical contracting industry covering all terms and conditions of employment in that sector, including pension and sick pay.

Article 49 of the Treaty establishing the European Community, limits the restrictions that Member States may impose on the freedom to provide services within the Community. Member States may only lawfully establish limitations on this fundamental freedom if such limitations fall within the acceptable principles set out by the established case law of the European Court of Justice. In recognition of the potential conflict between the exercise of the freedom to provide services throughout the Community and appropriate protection of the rights of workers temporarily posted abroad, a Directive protecting the rights of posted workers within the EU was introduced in 1996 (Directive 96/71/EC). The Directive was transposed into Irish law via Section 20 of the Protection of Employees [Part-Time Work] Act 2001.

Article 3 of this Directive requires a Member State to ensure that enterprises posting workers to its territory guarantee those workers the terms and conditions of employment which are universally applicable in that Member State (i.e. where the work is carried out). In this context, Article 3.1(c), which covers the minimum rates of pay, including overtime rates expressly stipulates that it “does not apply to supplementary occupational retirement pension schemes”. Case law has determined that a national measure which obliges contractors in another Member State to apply to their employees terms and conditions which go beyond the mandatory rules in Directive 96/71/EC for minimum protection is incompatible with European law.

Ireland is therefore required to recognise and comply with posted workers pension rights established in another Member State during the period of posting in Ireland and may not impose any further obligation that would be incompatible with European law.

If an employer is aware of specific instances where public contracts have been awarded to firms that are not compliant with their legal entitlements under an REA, there are a number of ways in which the matter can be investigated:

- through the relevant public authority that awarded the contract in the first instance

- through the Labour Court, or

- directly with the National Employment Rights Authority (NERA).

IDA Site Visits

Ceisteanna (107)

Willie Penrose

Ceist:

107. Deputy Willie Penrose asked the Minister for Jobs; Enterprise and Innovation the number of Industrial Development Agency sponsored visits to Mullingar, Athlone and Longford on an annual basis since 2009; the number of those visits that ultimately led to a positive decision by the visiting industrialists to locate an industry in any of these areas; and if he will make a statement on the matter. [42249/12]

Amharc ar fhreagra

Freagraí scríofa

One of the main challenges that IDA encounters in encouraging investment into locations outside of the large urban centres is the desire of investors to locate in areas with large population bases, typically with populations in excess of 1 million people. There is intense and continual international competition to win foreign direct investment, which is mainly dominated by Metro City Regions with populations in excess of 1 million i.e. London, Manchester, Boston, Los Angeles etc. Ireland has one Metro Region, the Greater Dublin area.

In order to achieve balanced regional development IDA focuses on marketing Gateway locations within each Region as the areas of critical mass and highlights the opportunities provided by Hub locations which are within commuting distances of these Gateways. In addition, IDA continues to promote other locations as part of its marketing efforts in response to specific client requirements. I am informed by IDA that a potential investor is usually shown three or four locations within a Gateway Economic Region that can meet its requirements and, in certain cases; other locations are visited on an opportunistic basis. In selecting locations to market to client companies, IDA Ireland will endeavour to include locations which have been affected by closures/job losses. Whilst IDA Ireland seeks to influence the selection of a location, the final decision on where to locate is taken in all cases by the investor.

Mullingar, Athlone and Longford are situated in the IDA Midlands Region, which consists of the counties of Westmeath, Offaly, Laois, Longford and Roscommon. I am informed by IDA that since 2009, there have been 66 site visits by potential investors to the Midlands gateway towns, which include Athlone, Mullingar, Tullamore, Longford and Roscommon. Details of the number of site visits in each of the years from 2009 to date are shown in the tabular statement. In the same period IDA has announced 9 expansion/investment for the midland region with the potential to create in the region of 700 jobs. At present there are 44 IDA client companies in the Midlands Region employing over 4,600 people in permanent and temporary positions.

Table shows the number of site visits by potential investors to the Midland Gateway, which consists of the towns of Athlone, Mullingar, Tullamore, Longford and Roscommon in each of the years from 2009 to date

Year

Number of site visits

2009

20

2010

28

2011

10

2012

8 (to date)

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