Written Answers Nos. 405-424
405. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if he will provide a detailed progress report on remedial works carried out to date in Glanmire, County Cork, following the flooding in June 2012; and if he will make a statement on the matter. [31602/13]
Amharc ar fhreagraAs the Deputy will be aware, Cork County Council made an application to the Office of Public Works (OPW) under the Minor Works Scheme in 2012 for the cleaning of the Glashaboy River at Glanmire as a result of the flood event in June 2012. The application was approved and the cleaning was undertaken by the Council in October of last year. I also understand that the Council’s Local Roads Area Office has carried out a significant number of repairs to damaged roads and drainage infrastructure in the aftermath of that flood event.
Cork County Council also intends to undertake a detailed study on the Glashaboy River Catchment to identify further flood mitigation measures and I understand that a contract to procure engineering consultants will be advertised by the Council during the month of July. The OPW has agreed to fund the cost of the study.
406. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the method by which a public servant who is not a member of a trade union can cast a ballot on the Haddington Road agreement; and if he will make a statement on the matter. [31493/13]
Amharc ar fhreagra410. Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform if public sector workers who are not members of a union will face greater uncertainty and or unequal treatment regarding their future working conditions as a result of not being a member of a union in the context of the Haddington Road Agreement. [31799/13]
Amharc ar fhreagraI propose to take Questions Nos. 406 and 410 together.
The Financial Emergency Measures in the Public Interest Act 2013 was enacted on 5 June 2013. The primary purpose of the legislation is to implement the proposed pay reduction for public servants earning annual salaries of €65,000 or more, and the parallel reduction in public service pensions over €32,500.
Contingency measures that may be deployed to secure the necessary reductions in the public service pay and pensions bill are also included in the legislation, including provision for a universal freeze on pay increments. The Act also affirms that the person, which may be a line Minister or other public service body, that has the power to determine terms and conditions of employment may exercise that power to reduce non-core rates of pay or to increase hours worked. However, under the legislation, a facility is provided for unions and representative associations to conclude collective agreements with their public service employers.
Where a union has signed up to a collective agreement, now called the Haddington Road Agreement, it will avoid the need for those contingency measures to be used. It is a matter for public servants and their representative unions and associations to decide if they wish to conclude a collective agreement with their employers. Non-union members are not included in the balloting process undertaken by unions but the legislation or the public service as an employer does not distinguish between those employees who are members or not members of unions and changes in terms and conditions are applied on a grade basis.
With regard to those grades represented by a union who do not conclude a collective agreement under the Act, as well as the increment freeze that will apply directly under the terms of the Act, the relevant decision maker will have to take the necessary measures to meet their targeted paybill savings in 2013 and following years.
407. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform the number of temporary clerical officers who have been employed by his Department over each of the past three years; the number of those who have been retired public or civil-servants; his views on whether his Department should employ retired staff in these positions in view of the level of youth unemployment here; and if he will make a statement on the matter. [31578/13]
Amharc ar fhreagraThe number of Temporary Clerical Officers employed by my Department in the last 3 years is as follows:
|
2011 |
2012 |
2013 |
|
0 |
11 |
37 (includes 11 from 2012) |
Temporary Clerical Officers panels are established by the Public Appointments Service and assigned to Departments upon request. I am satisfied that my Department is compliant with the relevant fixed term contract arrangements.
Recruitment to the Civil Service is governed by the Public Service Management (Recruitment and Appointments) Act, 2004 and by the Civil Service Regulation Acts, 1956-2005. The 2004 Act established the Commission for Public Service Appointments (CPSA) and the Public Appointments Service (PAS). The CPSA is the regulator of public service recruitment in Ireland and the PAS provides a centralised recruitment, assessment and selection body for the Civil Service.
The CPSA has developed codes of practice to apply to open recruitment and internal promotion competitions. The codes cover the areas of probity, selection on the basis of merit, equity and fairness, protection of the public interest, implementation of best practice and good governance. Selection processes must focus on the competencies required for a post and there is no provision under the Codes to focus recruitment for posts in the Civil Service on the basis of age. All eligible candidates must be considered on an equal basis.
408. Deputy Robert Troy asked the Minister for Public Expenditure and Reform if he will consider an application from Longford County Council to share all reasonable acquisitions costs regarding the purchase of the Granard Motte national monument; if he will ensure that the Office of Public Works uses its statutory powers to safeguard this important national monument, which is a local tourist attraction, and ensure it comes into public ownership; and if he will make a statement on the matter. [31589/13]
Amharc ar fhreagraGranard motte is a National Monument in State Guardianship and is located on a nine-acre site near the town.
The Monument consists of a huge mound of earth with a flat top and a hollow interior, which dates from before 1199 when it was used by Richard de Tuite during the Norman Conquest. It is the highest structure of its kind in Ireland.
The site is important and attracts both National and International visitors. It is a National Monument in State care which already comes within the statutory remit of the Office of Public Works (OPW) as defined in the various National Monuments Acts and is afforded full protection, notwithstanding that it is in Guardianship rather than full State ownership.
Acquisition of ownership of National Monuments, not already in the ownership of the State, and there are many such, is a matter for the Department of Arts, Heritage and the Gaeltacht. Consultations with that Department on the possible acquisition of Granard Motte by the State have been initiated.
409. Deputy Brendan Ryan asked the Minister for Public Expenditure and Reform the number of vacant Office of Public Works units and properties there are in Fingal, County Dublin; and if he will provide a list of said vacant buildings. [31599/13]
Amharc ar fhreagraThe following State owned properties in Fingal, Co. Dublin currently vacant are: 17A/17B, Main Street, Blanchardstown, which is surplus to requirements and is on the market for sale; the former Detention Centre, Kildonan Road, Finglas, which has been allocated to other State bodies; and the former Garda Station, Rush, Co. Dublin, for which the OPW is presently reviewing expressions of interest from the community for its future use.
411. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform the current status of forthcoming whistleblower legislation; when he expects any such Bill will come before Dáil Éireann; the provisions contained within the Bill and the measures contained within the legislation to deal with whistleblowers; and if he will make a statement on the matter. [31846/13]
Amharc ar fhreagraFollowing its recent approval by Government I expect that the Protected Disclosures Bill 2013, will be published this week. The Bill will provide a single overarching framework protecting whistleblowers in all sectors of the economy by ensuring that safeguards exist where reprisals are taken against them by their employers. The objective is to encourage workers to raise genuine concerns concerning potential wrongdoing in the workplace with a view to ensuring that employers can take ameliorating action at the earliest possible opportunity.
The Bill establishes a broad range of potential wrongdoings to which the disclosure must relate and a number of distinct disclosure channels including to an employer, a prescribed person, the Minister responsible for a public body, a legal adviser or otherwise potentially to the public domain. Special disclosure channels will apply in the case of external disclosures relating to law enforcement, security, intelligence, defence and international relations matters. The Bill will therefore provide a detailed and comprehensive statutory framework for the protection of, and securing redress for workers, who suffer penalisation at the hands of their employer for having made a protected disclosure.
412. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the current status of the Code of Practice for adjudication required under the Construction Contracts Bill as well as the associated conditions of contract which will be needed once it is enacted; and if he will make a statement on the matter. [31990/13]
Amharc ar fhreagraThe Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, Minister of State Brian Hayes is working with Senator Feargal Quinn to develop the Senator’s private member’s Construction Contracts Bill into a robust piece of legislation. The Bill has passed Committee Stage.
The key objective of the Construction Contracts Bill is to ensure that cash flows down the supply chain on all construction contracts. This issue is addressed in the Bill by providing statutory arrangements in relation to payments under construction contracts, including providing for interim payments. These minimum conditions of contract are provided for in Section 3 and the accompanying schedule to the Bill. The Bill also provides the means for subcontractors to enforce these rights; by suspending their labour and the provision of statutory adjudication.
My officials are developing a Code of Practice for the adjudication process. The Deputy will appreciate that the Bill has not passed all stages in both Houses and therefore further work will be required before such a Code could be finalised. This is a complex area and as such it is essential that these complex issues are properly assessed so as to avoid imposing unnecessary regulatory or cost burdens on parties in dispute, the State or others. In this regard, it is likely that a brief consultation with the relevant stakeholders will be required. This legislation is a priority for Government and whilst every effort is being made to have the legislation and ensuing regulation passed as quickly as possible it is important to put in place, one which is robust and effective.
413. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the total number of tendered public construction projects in which the contractor has become insolvent and the project has had to be re-tendered; if he will list this information per year since 2007; and if he will make a statement on the matter. [31991/13]
Amharc ar fhreagra414. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the total tender value of public construction projects and the total construction cost of construction projects; if he will list this information per year since 2007; and if he will make a statement on the matter. [31992/13]
Amharc ar fhreagra415. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will list the public construction projects where there has been a discrepancy between the tender value and the construction cost; if he will list the tender value and the construction cost for each of these projects; if he will provide this information per year since 2007; and if he will make a statement on the matter. [31993/13]
Amharc ar fhreagra417. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the total number of public construction projects which have been tendered but did not proceed to construction; if he will list this information per year since 2007; and if he will make a statement on the matter. [31995/13]
Amharc ar fhreagra418. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the total number of public construction projects which have been tendered; did not proceed to construction and were then re-tendered; if he will list this information per year since 2007; and if he will make a statement on the matter. [31996/13]
Amharc ar fhreagra419. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the total number of public construction contracts where novated lease specialists have been used; if he will list this information per year since 2007; and if he will make a statement on the matter. [31997/13]
Amharc ar fhreagraI propose to take Questions Nos. 413 to 415, inclusive, and 417 to 419, inclusive, together.
The information sought by the Deputy in relation to public works contracts tendered is held by the individual contracting authorities concerned. They are not required to pass this information to the Department of Public Expenditure and Reform.
However the Government Contracts Committee for Construction (GCCC) has had a monitoring process in place since 2008, and a sample is taken of significant public works contracts completed. The sample assesses the effectiveness and impact of the Construction Procurement Reform Initiative, focusing on comparing measures such as; contractual fixed price lump sum figures and final outturn costs, contractual delivery periods and actual time for delivery.
To summarise, there were 165 sample projects monitored by the GCCC, which included 91 Building projects and 74 Civil Engineering projects; the initial contract value for the works contracts amounted to €971.8m with a 7.3% deviation from tender price at completion stage (8.9% on Civil Engineering projects and 2.9% on Building projects), which the Deputy should note is based on both actual and projected final account figures. The information is not available on a yearly basis. Change orders accounted for some of the deviation from tender price (3.7% on Civil Engineering projects based on information available on 16 projects from the above sample; and 2.8% on Building projects based on 49 projects). Change orders may be issued for any of the following three reasons: (i) for legitimate and acceptable reasons, (ii) a result of inadequate planning and design before contract award and (iii) scope changes. Contracting authorities were not required to include specific reasons for the deviations where they occurred.
416. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the total number of public construction projects which have gone to arbitration; if he will list this information per year since 2007; and if he will make a statement on the matter. [31994/13]
Amharc ar fhreagraThe Arbitration Rules for use with the Public Works and Construction Services Contracts (AR1) requires that each arbitrator appointed to an arbitration case under the Capital Works Management Framework to notify the National Procurement Policy Unit in my Department of their appointment within 14 days after accepting appointment. The arbitrators are also required to submit a copy of the findings of any arbitration in relation to these contracts on a non-confidential basis to the Secretariat of the Government Construction Contracts Committee to facilitate the monitoring and analysis of disputes in relation to these contracts. To date one notification of appointment and one interim recommendation has been received, both in 2012, in my Department.
420. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if Government bodies and agencies are permitted to buy supplies locally in cases where they can be purchased at a lower cost than via the National Procurement Service; and if he will make a statement on the matter. [32029/13]
Amharc ar fhreagraUnder EU law, public contracts above a certain values must be advertised EU-wide and awarded to the most competitive tender in an open and objective process. The aim is to promote an open, competitive and non-discriminatory public procurement regime which delivers value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of location or nationality and there are legal remedies which may be used against any public body infringing these rules.
The National Procurement Service (NPS), which will be transferring into the new Office of Government Procurement (OGP), has put in place a number of national arrangements designed to secure better value for money from leveraging the public service’s buying power in relation to a range of goods and services that are commonly purchased across the public service. These national arrangements have a number benefits that include: cash savings; administrative savings from reduced duplication of tendering; greater purchasing expertise; improved consistency; and enhanced service levels.
In some instances the take up of the NPS arrangements has been low. In order to increase the usage of a limited number of NPS framework arrangements and thereby secure best value for money, the Government decided that it should be mandatory for public service bodies to use specified national procurement arrangements. Last year my Department issued Circular 06/12 which implements the Government decision by making it a mandatory requirement that public service bodies avail of specified national arrangements put in place by the NPS. These national arrangements will secure best value for money and facilitate contracting authorities to deliver services within their budgetary constraints.
Where a mandatory framework arrangement exists, any public service body intending to make a purchase other than through the NPS framework arrangement will need to ensure that it can explain the rationale for not using the NPS arrangement by providing a value for money justification that takes account of the full costs including those incurred in managing its own procurement process.
While the key purpose of Circular 6/12 is to enable the State to do more with less by aggregating procurement to secure better value for money, it is worth noting that such aggregation arrangements can be implemented in a manner that achieves value for money with a minimal negative impact, or indeed a positive impact, on SMEs. While a number of the categories of goods and services mandated under the Circular are suited to single supplier national arrangements, these need not be accepted as the norm. The greater use, where appropriate, of multi-supplier frameworks can address local supplier issues while also ensuring on-going cost competitiveness of the framework itself. Such multi-supplier frameworks may also offer SMEs the opportunity to participate in national level contracts, thereby offering valuable reference work when competing for public procurement contracts in other jurisdictions.
In order to encourage greater SME participation the NPS, over the past three years, has conducted a targeted programme of education for suppliers who wish to learn more about doing business with the Irish Public Service. This programme consists of seminars, workshops and large scale 'meet the buyer' events hosted nationwide. To date the NPS has facilitated workshops and presented at seminars to over 4,500 SMEs nationwide. Parallel with these events the NPS also works closely with business representative bodies such as ISME and IBEC to provide briefings for their members.
To summarise: we in government want better value for money for our substantial procurement spend. To ensure the reform process takes account of the needs of stakeholders, further consultations will be undertaken with industry representative associations, employees and workers’ representatives as the new Office of Government Procurement is established. We are committed to ensuring that SMEs are fully engaged in the process and will be encouraged, where necessary, to form alliances and networks to ensure they can tender on a competitive basis for this work.
421. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if strong consideration might be given to the creation of a standard template on which Government, departmental and local authority websites would be based, because of the way such a measure would facilitate greater ease of access, information search and retrieval functionality and a higher take up of e-service provision as well as providing employment for those skilled in the web-technology section of the ICT sector. [32227/13]
Amharc ar fhreagraThe Government Chief Information Officer, Mr Bill McCluggage, took up his appointment on 10 June and is currently assessing what is required to build on progress in ensuring that ICT-enabled change is delivered across the Public Service. This includes examining all aspects of eGovernment including opportunities to further enhance the provision of digital online services and the take-up of those services. It also includes examining options for the consolidation of web sites and standardisation, where feasible.
422. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will detail the value of exports of Enterprise Ireland client companies and the value of exports of Industrial Development Agency client companies. [24451/13]
Amharc ar fhreagraEnterprise Ireland client companies achieved a record €16.2 billion in exports in 2012, up from €15.2bn in 2011. Sectors such as Engineering, Software, Internationally Traded Services and Medical Devices showed the strongest export performance, with the Software and Public procurement sectors show a 19% in export sales to €1.028 billion. Geographically, markets such as the USA, Asia Pacific and Latin America contributed strongly to export growth, with export to Latin America growing by 24% in 2012 and those to the USA/Canada by 20%.
Exports accounted for 54% of Enterprise Ireland’s clients’ total sales in 2012 which are now in excess of €30 billion.
The value of exports from IDA assisted companies in 2010 was €110.29 billion and grew 11% to €122.4 billion in 2011. New and established multinationals continue to invest and re-invest in their operations making Ireland one of the global locations of choice for mobile investment projects from the world’s leading companies. 2012 export data for IDA Ireland client companies will be available later this year.
Trade missions are a key to winning new export business and building international networks and partnerships for our expanding range of exporters. 2013 will see another extensive number of Ministerial-led trade missions with an increased focus on high growth economies in Asia, Latin America and the Middle East. These missions are designed to give Irish exporters high level support to reinforce their individual export strategies. In addition, these missions are also designed to establish and build the profile of Irish companies in growth markets where, in the future, they can capitalise on the conclusion of EU Free Trade Agreements that are currently being negotiated. Many of these are underway with Asian economies such as Vietnam, Thailand and Japan.
423. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to any previous academic malpractice in relation to a person (details supplied); and if so, if this was known prior to said person's appointment to the Science Foundation Ireland. [32066/13]
Amharc ar fhreagraI am not aware of any academic malpractice in relation to the individual concerned. I understand that a matter relating to published academic articles was raised publicly recently and was addressed by the individual concerned.
I am aware, however, that over thirty years, the individual has published over 270 papers in various leading scientific journals including Science magazine.
He is a graduate of Queens University of Belfast with degrees in Dentistry (BDS 1st class honours), Anatomy and Embryology (BSc 1st class honours, PhD) and Medical Sciences (DMedSc). He holds Fellowships from the Royal Colleges of Surgeons in Ireland (FFD) and Edinburgh (FDS) and is a Founding Fellow of the UK Academy of Medical Sciences (FMedSci).
He is the recipient of numerous international awards, prizes, medals and honours for his research, including a CBE from Queen Elizabeth II.
424. Deputy Nicky McFadden asked the Minister for Jobs, Enterprise and Innovation if a grocery code of conduct will be introduced to ensure fair commercial practices; and if he will make a statement on the matter. [31460/13]
Amharc ar fhreagraThe Programme for Government contains a specific commitment to enact legislation to regulate certain practices in the grocery goods sector. I intend to give effect to this commitment by including an enabling provision in the Consumer and Competition Bill. This Bill will also, inter alia, merge the National Consumer Agency and the Competition Authority, update and reform competition law on foot of a review of the operation and implementation of the Competition Act 2002 and give effect to the recommendations of the Advisory Group on Media Mergers. Work on drafting the Consumer and Competition Bill is on-going and the Bill is included in the "A list" in the Government's current Legislative Programme.
The Government is strongly of the view that it is important to ensure there is balance in the relationship between the various players in the grocery goods sector and that Ireland continues to have robust agri food and retail sectors, particularly given the importance of these sectors to the national economy. The introduction of a Code of Practice is intended to achieve such a balance taking into account the interests of all stakeholders in the grocery goods sector including the interests of the consumer and the need to ensure that there is no impediment to the passing-on of lower prices to consumers.
