Written Answers Nos. 74-81
75. Deputy Billy Timmins asked the Minister for Public Expenditure and Reform the position regarding the Arklow sewerage scheme; the estimated cost of the work; his plans to progress the scheme now that the report has been completed; and if he will make a statement on the matter. [48594/13]
Amharc ar fhreagraThe report referred to is a draft Final Feasibility Report, which was submitted by Arklow Town Council to the Office of Public Works in early October and is currently being assessed within the OPW. Once the report is finalised, and provided the preferred scheme is economically and environmentally viable, Arklow Town Council and the OPW will decide on how best to progress the project. Pending the finalisation of the report, it is not possible to determine the likely cost of the project.
I met a deputation of Arklow Town Council officials and public representatives earlier this month to discuss the project and re-iterated my commitment to ensuring that the scheme will be progressed.
76. Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform the reason Bord na Móna and Coillte are not included under the freedom of information legislation; and if he will make a statement on the matter. [48579/13]
Amharc ar fhreagraThe Freedom of Information Bill 2013 is in the course of its passage through the Houses of the Oireachtas.
Where it is proposed that a body should be exempt in full from the freedom of information legislation, that body is included in Schedule 1 Part 2 of the Bill. Both Bord na Móna and Coillte Teoranta are included in Schedule 1 Part 2.
I believe that commercial state bodies should not, in general, be subject to FOI requirements because of the uneven competitive playing field that would be created in circumstances that commercial state bodies operating in a competitive market were subject to FOI but their privately-owned market competitors were not. This would be expected to have an adverse impact on the commercial position of the state body in question, which would not be in the public interest or consistent with the need to safeguard the State’s economic and financial interests.
It is on that basis that both Bord na Móna and Coillte Teoranta are proposed for exclusion from the application of FOI under the new legislation.
77. Deputy Anne Ferris asked the Minister for Public Expenditure and Reform the date on which the contractor on the Bray flood relief scheme (details supplied) referred the dispute, which has resulted in substantial delays in the project, to formal third party conciliation; the dates on which the parties to the dispute formally agreed to extend the ambit of the conciliation process; and if the said conciliation process is expected to conclude prior to the end of 2013, bearing in mind the increased flood risk during this winter season and the fact that a portion of the work which remains outstanding is not subject to seasonal constraints. [48604/13]
Amharc ar fhreagraOn 20 May 2013 the contractor in question issued a notice of Referral to Conciliation under the contract to Bray Town Council, as the Contracting Authority for the project. A related item in dispute was formally added to the conciliation process on 24 July 2013, by agreement between the contractor and the Council. In the course of subsequent negotiations, the parties agreed to extend the ambit of the conciliation to include other issues. The conciliation process is ongoing, but it is expected that it will be concluded shortly. The Deputy will be aware that the contractor formally entered examinership on 7th November 2013. Bray Town Council, in consultation with the Office of Public Works (OPW) as funding body, is considering the implications of this development for carrying out the remaining elements of the works, in conjunction with the Council's legal advisers.
I would like to assure the Deputy that Bray Town Council and the OPW remain committed to completing the Bray scheme in the shortest possible timeframe. I can confirm that the OPW has made provision for the scheme in its expenditure profiles for each of the years to 2016. While the delay in completing the scheme is regrettable, it should be noted that the works completed to date have considerably reduced the flood risk in the area.
78. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform the protocols that apply where a civil or public servant involved in procurement is a sibling or close family member of a director of a firm that is awarded a contract for the supply of goods or services on foot of that particular procurement decision; and if he will make a statement on the matter. [48693/13]
Amharc ar fhreagraThe Deputy may wish to note that while my Department is responsible for procurement policy, the administration of individual contracts is a matter for the relevant public body.
A person employed in a public body who occupies a designated post for the purposes of the Ethics Acts 1995 as amended by the Standards in Public Office Act 2001 has a legal obligation to disclose in an annual statement the interests of the person, and the interests, of which the person has actual knowledge, of his or her spouse or civil partner or a child of the person or of his or her spouse which could materially influence the person in the performance of the person's official functions by reason of the fact that such performance could so affect those interests as to confer on, or withhold from, the person, or the spouse or civil partner or child, a substantial benefit. These registerable interests include any dealings with public service contracts with a value in excess of €2500.
In addition, where the occupier of a designated position of employment or a connected person of that person has a material interest in an official function that falls to be performed, the person must not perform the function unless there are compelling reasons requiring the person to do so. If the person proposes to perform the function, he or she must furnish a statement of the compelling reasons to the relevant authority for the position. This disclosure should be a statement in writing of the facts and be furnished before the person performs the function, or if that is not reasonably practicable, as soon as may be afterwards. A person is deemed under the Acts to be connected with an individual if that person is a relative of the individual.
Civil and public servants must also comply with the provisions of codes of standards and behaviour – which can be statutory or administrative – which govern inter alia the performance of their official duties in matters affecting any commercial undertaking where there may be a conflict of interest.
Any member of the public can make a complaint under the Standards in Public Office Act, 2001 about a specified act carried out by the holder of a designated position in a public body. The procedures for making a complaint under the Ethics Acts are set out clearly on the Standards in Public Office website and are at the following link http://www.sipo.gov.ie/en/Make-a-Complaint/ .
Guidelines issued by my Department emphasise the importance of public procurement being discharged honestly, fairly, and in a manner that secures best value for public money. Contracting authorities must be cost effective and efficient in the use of resources while upholding the highest standards of probity and integrity. In this regard, procurement practices are subject to internal audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993 and Accounting Officers are publicly accountable for expenditure incurred. Likewise contracting authorities should ensure that staff involved in purchasing or placing contracts are familiar with the EU and international rules that may apply and are aware of the legal and policy framework within which procurement must be conducted. To safeguard against improper or unethical practices contracting authorities must also take measures to separate functions within the procurement cycle. In relation to conflicts of interest the guidelines state:-
“Contracting authorities should be aware of potential conflicts of interest in the tendering process and should take appropriate action to avoid them”.
79. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the Commission for Public Service Appointments avails of the services of a private firm of solicitors rather than using the expertise of the Chief State Solicitor's office, CSSO; if he will provide the reason for this; if he will provide details of the amount of legal fees incurred by the CPSA this year and for each of the past three years; and if he will make a statement on the matter. [48705/13]
Amharc ar fhreagraThe Commission for Public Service Appointments (CPSA) is responsible for overseeing the conduct of appointment processes to a wide range of positions in the Civil and Public Service. In carrying out its independent statutory functions, the CPSA must, on occasions, seek independent legal advice on issues that come to light in the course of its examination of appointment processes. Given that the Civil Service Departments and Offices rely on the CSSO for their own legal advice, there is a strong risk of a conflict of interest arising if the CPSA were also to seek advice from the CSSO and, as such, it would entirely inappropriate for the CPSA to seek independent legal advice from the CSSO.
The legal fees incurred by the CPSA this year and the past three years are as follows:
|
Year |
Fees |
|
2010 |
€26,000 |
|
2011 |
€22,000 |
|
2012 |
€1,000 |
|
2013 |
Nil |
80. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 113 of 7 November 2013, if the internal non-statutory appeal process detailed also applies to the work of the Commission for Public Service Appointments, CPSA, in the Ombudsman's office; if not, the mechanisms in place for questioning a decision of the CPSA; his views on whether or not the process is transparent and accountable; and if he will make a statement on the matter. [48706/13]
Amharc ar fhreagraThe Commission for Public Service Appointments (CPSA) is an independent body established under the Public Service Management (Recruitment and Appointments) Act 2004 whose functions include establishing standards for the recruitment and selection of persons for positions in the Civil Service and other public service bodies. The CPSA is obliged to report to the Houses of the Oireachtas annually on the performance of its functions.
While the secretariat of the CPSA is accommodated within the Office of the Ombudsman, it is a separate legal entity and as such is not subject to the same appeals process as that Office.
Section 13 of the Public Service Management (Recruitment and Appointments) Act 2004 Act requires the CPSA to set out appropriate appeal procedures to allow it to consider and decide issues in relation to the manner in which certain public bodies manage their appointment processes. In this regard the CPSA has published review procedures to address candidates' requests for review of complaints in relation to appointment processes. These appeal procedures, based on the principles of openness and transparency, are set out in the Commission's Codes of Practice for appointment to positions under its remit and can be viewed on the Commission's web site (see http://www.cpsa.ie/en/Codes-of-Practice/ ).
In accordance with the review procedures under the Codes candidates who are unhappy with the outcome of a review by an Office Holder may appeal the decision to the Commission for consideration. While the Codes of Practice provide that decisions of the CPSA are final, in the event that a complainant disputes the factual basis for that decision, the CPSA may review its original findings.
81. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the role of his Department in the 2012 administrative officer competition advertised by the Public Appointments Service, PAS; the number of persons appointed by specialism and to which Departments; if he will provide a further breakdown showing the number of existing civil servants who were successfully appointed out of this competition; and if he will make a statement on the matter. [48707/13]
Amharc ar fhreagraUnder sections 57 and 58 of the Public Service Management (Recruitment and Appointments) Act 2004, my Department has responsibility for policy relating to recruitment and promotion in the Civil Service. As part of this remit, my Department develops policy on resourcing across the Civil Service.
In late 2011, in response to information beginning to emerge from the broader workforce planning exercise, it was recognised that there were skills gaps in a number of areas across the Civil Service. In response to this identified need, it was decided to hold a recruitment competition at the grade of Administrative Officer - the primary graduate recruitment grade to the Civil Service. The competition focused on the areas of Economics, Banking and Finance, Human Resources, Taxation, Accounting and Law. The Public Appointments Service (PAS), the main recruitment body for the Civil Service, was the agency with responsibility for running the competition.
PAS has provided the following details on the numbers appointed from the competition.
|
- |
DPER |
Finance |
Taoiseach |
Revenue |
Agriculture |
DCENR |
AGO |
Total |
|
Economics |
16 |
10 |
4 |
1 |
2 |
1 |
34 |
|
|
B&F |
0 |
16 |
1 |
1 |
18 |
|||
|
Tax policy |
0 |
6 |
1 |
7 |
||||
|
HR |
6 |
3 |
0 |
1 |
10 |
|||
|
Law |
3 |
6 |
3 |
1 |
13 |
|||
|
Accountancy |
4 |
5 |
4 |
13 |
||||
|
Total |
29 |
46 |
5 |
10 |
2 |
2 |
1 |
95 |
PAS has confirmed that 17 of the 95 appointed were existing civil servants.
82. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if he will immediately request the Industrial Development Agency in the interest of health and safety to provide public lighting adjacent to the road leading to its industrial units and lands at Langford Street, Killorglin, County Kerry; if he will take into consideration that this roadway is extremely dangerous for members of the public and employees who walk this roadway on a regular basis in the late evenings and early mornings; and if he will make a statement on the matter. [48682/13]
Amharc ar fhreagraThe management of IDA Ireland’s property function, including the upkeep and maintenance of its business parks, is a day to day operational matter for the Agency and not one in which I have a function. I am informed by IDA Ireland that the Agency owns approximately 0.7 hectares of marketable lands at Farrantoreen, Killorglin, Co Kerry. The lands are serviced by an IDA roadway, which leads off from the main public roadway. A lighting remediation review is currently being undertaken by IDA Ireland at this location. I understand that the Agency met with representatives from the local Residents Association on the 18th October last and informed them of its intention to carry out the review.
84. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason carer's allowance was refused in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48583/13]
Amharc ar fhreagraCarer’s allowance is a payment for persons who are providing full-time care and attention to an eligible person and who satisfy a means test. An application for carer’s allowance from the person in question was refused on the 11th of May 2013 on the ground that the person concerned was not providing full time care and attention as required. She was notified of this decision, the reasons for it and of her right of review or appeal. The person concerned appealed this decision to the Social Welfare Appeals Office on the 28th May 2013.
After careful consideration of all aspects of the case an Appeals officer decided that the qualifying conditions for carer’s allowance are not fully met in this case and, consequently, the appeal was disallowed. The Social Welfare Appeals Office wrote to the person in question on the 24th of October 2013 to notify them of this decision. The Social Welfare Appeals Office functions independently of the Department of Social Protection. The decision of an appeals officer is final and conclusive. If the person concerned circumstance change then they should make a new application.
85. Deputy Colm Keaveney asked the Minister for Social Protection the numbers of persons broken down by payment and by year, in September of each year from 2008 to 2013, inclusive, in receipt in each of the following payments, illness benefit, disability allowance, the blind pension, injury benefit, disablement benefit, invalidity pension; and if she will make a statement on the matter. [48586/13]
Amharc ar fhreagraAs of the end of September 2013 there were a total of 234,091 people in receipt in each of the following payments; illness benefit, disability allowance, the blind pension, injury benefit, disablement benefit and invalidity pension. There follows a breakdown of the number of recipients in each of these schemes at the end of September 2008, 2009, 2010, 2011, 2012 and 2013 for your information.
Number of Recipients at end of September each year.
|
Payment |
Illness Benefit |
Disability Allowance |
Blind Pension |
Injury Benefit |
Disablement Benefit |
Invalidity Pension |
Totals |
|
2008 |
73,471 |
93,829 |
1,469 |
855 |
13,100 |
54,815 |
237,539 |
|
2009 |
76,749 |
98,898 |
1,467 |
812 |
13,429 |
53,075 |
244,430 |
|
2010 |
81,419 |
101,042 |
1,489 |
828 |
13,686 |
51,478 |
249,942 |
|
2011 |
76,107 |
102,331 |
1,492 |
791 |
13,866 |
50,177 |
244,764 |
|
2012 |
67,881 |
102,840 |
1,468 |
663 |
14,170 |
49,183 |
236,205 |
|
2013 |
60,726 |
104,211 |
1,408 |
830 |
14,188 |
52,728 |
234,091 |
87. Deputy Dan Neville asked the Minister for Social Protection if she will review records in respect of a person (details supplied) in County Limerick. [48620/13]
Amharc ar fhreagraThe person concerned applied for State pension (contributory) on 15 April 2013. He was awarded this pension on reaching 66 years of age, at a rate of €196 per week, with effect from 11 September 2013. He subsequently notified the Department that he may have had additional self-employment contributions due for the tax year 1988/89. The Department has confirmed that there are no further contributions due for this tax year. Based on the information provided, the State pension awarded to the person concerned is correct, and represents his maximum entitlement. This can be reviewed if additional information becomes available.
88. Deputy Lucinda Creighton asked the Minister for Social Protection if she will consider ensuring that all social welfare officers are required to promote volunteering to those who are currently in receipt of the jobseeker's allowance; if she will provide specific guidelines for social welfare officers assessing VW1 forms; if she will consider creating these guidelines with the aid of Volunteers Ireland; the total number of VW1 applications that have been refused since the system came into operation; the most common reasons for VW1 applications are being refused; and if she will make a statement on the matter. [48622/13]
Amharc ar fhreagraI am deeply conscious of the long tradition of volunteering in this country and I am committed to ensuring this valuable tradition continues to thrive. To facilitate this commitment to the voluntary community, my Department operates a Voluntary Work Option for customers on the Jobseeker schemes. Under these arrangements, a Jobseeker customer may engage in voluntary work within the State without affecting their Jobseeker entitlements, provided they continue to satisfy the statutory conditions of being available for and genuinely seeking work.
Examples of voluntary work in which jobseekers may engage include helping the sick, elderly or persons with a disability or assisting youth clubs, church groups, sports groups, cultural organisations and local resident associations. Voluntary groups may be locally or nationally organised and may include community groups. Details of the Voluntary Work Option arrangements are published on the Department’s website and, in order to ensure that the profile is raised, all staff involved in the administration of the Jobseeker schemes were recently reminded of these arrangements and of the operational procedures under which they operate. Details of the Voluntary Work Option are also published on the Volunteer Ireland website. Statistics on the number of applicants refused and the underlying reasons involved are not maintained. However, statistics are available on the number of persons who availed of the option in 2012 (234 persons) and in 2011 (169 persons).
89. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made on an application for disability allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [48631/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
