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Tuesday, 17 Dec 2013

Written Answers Nos. 255-272

School Transport Provision

Ceisteanna (255)

Luke 'Ming' Flanagan

Ceist:

255. Deputy Luke 'Ming' Flanagan asked the Minister for Education and Skills further to Parliamentary Questions No. 263 of 5 November 2013, and No. 63 of 6 November 2013, his views on whether his responses relating to serious issues in school transport were appropriate and not in any way written to dissuade Members of Dáil Éireann from asking questions about school transport; and if he will make a statement on the matter. [54409/13]

Amharc ar fhreagra

Freagraí scríofa

I am satisfied that my responses which detailed the background, conduct of, and current position in relation to, the ongoing legal proceedings concerning the school transport scheme, are entirely appropriate.

Capitation Grants

Ceisteanna (256)

Ciara Conway

Ceist:

256. Deputy Ciara Conway asked the Minister for Education and Skills if he will examine lists (details supplied); if he will confirm, in the case of each student listed whether or not a capitation grant is paid in respect of that student; the educational institute/school to which that grant is paid; if he will list the amounts involved in each case; and if he will make a statement on the matter. [54428/13]

Amharc ar fhreagra

Freagraí scríofa

I have asked my officials to liaise directly with the Deputy on the issue in question.

Consultancy Contracts

Ceisteanna (257, 259)

Niall Collins

Ceist:

257. Deputy Niall Collins asked the Minister for Education and Skills the total amount spent on external IT consultants by his Department in 2010, 2011, 2012 and to date in 2013; the estimated spending in 2014; and if he will make a statement on the matter. [54438/13]

Amharc ar fhreagra

Niall Collins

Ceist:

259. Deputy Niall Collins asked the Minister for Education and Skills if his Department has re-negotiated external IT consultancy contracts and costs since March 2011; and if he will make a statement on the matter. [54470/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 257 and 259 together.

In addition to the spend on IT consultancy services, the IT unit of my Department engages contract staff and external service providers to provide specialist technical support and to deliver specific projects where needed. The total spend on external staff (consultancy, contractors and external service providers) was as follows:-

2010 - €1,353,466; 2011 - €1,486,158; 2012 - €1,507,434; 2013 - €1,142,656 (to end November).

The anticipated expenditure in 2014 will be dependent on the specific projects prioritised by my Department's Management Advisory Committee for inclusion in the IT Unit's 2014 work programme, with expenditure subject to sanction by the Department of Public Expenditure and Reform under the ICT Control procedures. Where IT consultancy, external service providers or contract staff are required for specific projects then the Department conducts procurement exercises in accordance with current ICT procurement policy. In November 2013, the Department commenced an open procurement exercise for admission to a multi-supplier Framework Agreement for the supply of temporary contract ICT personnel, replacing the present Framework Agreement due to expire in the new year. The new Framework will be in place for an initial two-year period with the option to extend for a further two years, subject to satisfactory performance. As and when a specific requirement for resources arises during the currency of the Framework Agreement, the Department will issue mini-tenders to participants in the Framework and invite them to submit competitive bids. This will reduce the time taken for the Department to respond to business demands while ensuring value for money on an ongoing basis.

Details of ICT procurement policy may be accessed on http://ictprocurement.gov.ie/ or http://ict.gov.ie/ictexpenditure/ictcontrol.aspx.

Departmental Legal Costs

Ceisteanna (258)

Billy Timmins

Ceist:

258. Deputy Billy Timmins asked the Minister for Education and Skills the cost of legal action against his Department for the the years 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [54454/13]

Amharc ar fhreagra

Freagraí scríofa

Legal costs incurred by the State, in defending those cases which are brought to court, are generally not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, legal costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General.

My Department does not generally engage external solicitors and/or barristers. Where required, this is done through the Attorney General's Office.

The legal costs incurred by my Department for the years referred to by the Deputy amount to €10,946.20. This refers to legal advice provided by Counsel in relation to the Discovery process in litigation. Counsel was nominated by the Attorney General's Office and paid for by my Department.

Question No. 259 answered with Question No. 257.

Public Sector Staff Remuneration

Ceisteanna (260)

Simon Harris

Ceist:

260. Deputy Simon Harris asked the Minister for Education and Skills if he will provide detail, in tabular form, of any exemptions granted by his Department or any agency under his remit to the long-standing general principle of pay policy that the payment of additional remuneration to public servants for undertaking additional duties is not permitted; the additional remuneration involved in each case; the date of sanction for such additional remuneration; the rationale behind such sanction; and if he will make a statement on the matter. [55033/13]

Amharc ar fhreagra

Freagraí scríofa

The information requested will be forwarded to the Deputy in due course.

National Monuments

Ceisteanna (261)

Seán Ó Fearghaíl

Ceist:

261. Deputy Seán Ó Fearghaíl asked the Minister for Public Expenditure and Reform if his Department has any plans to renovate and promote the heritage of Carlow Castle; and if he will make a statement on the matter. [53678/13]

Amharc ar fhreagra

Freagraí scríofa

There are no plans at present to undertake renovations at Carlow Castle. Works were undertaken a number of years ago to conserve the Monument and to landscape the surrounding area. The site is in relatively good order currently.

Due to budgetary and staffing constraints, the presentation of a number of our National Monuments, including Carlow Castle, cannot include an on-site guide service and the Office of Public Works (OPW) are therefore anxious to promote more imaginative ways of presenting those sites that can be accessed safely by the public.

The Communities Involvement Initiative was introduced in 2012 with the aim that local community-based groups, who had an interest in the development and promotion of heritage sites, would get involved with the OPW in the presentation of sites on a voluntary non-commercial basis.

Earlier this year, I again sought expressions of interest from local communities to “Become a Friend of Irish Heritage” and advertisements to this effect were placed in National and Regional newspapers.

The full potential of this country's many heritage sites, including Carlow Castle, can be realised and brought to the fore within local communities through appropriate joint ventures between local communities and the Office of Public Works National Monuments Service and I would take this opportunity to suggest that the Deputy would encourage suitable local groups to come forward with proposals in this regard in respect of Carlow Castle.

Public Procurement Tenders

Ceisteanna (262)

Brendan Griffin

Ceist:

262. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will change tendering criteria for large public contracts, such as schools, to enable contractors other than the huge construction companies to tender; if his attention has been drawn to the exclusive nature of the existing criteria; and if he will make a statement on the matter. [53835/13]

Amharc ar fhreagra

Freagraí scríofa

Under EU Directive on public procurement contracts above certain thresholds must be advertised on the Official Journal of the EU and awarded on the basis of objective and non-discriminatory criteria. For works contracts the threshold is €5 million. The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

All policy, guidance and implementation measures relating to capital projects is published on the Construction Procurement Reform website www.constructionprocurement.gov.ie where the Capital Works Management Framework provides a suite of best practice guidance, standard contracts and generic template documents. Tendering is dealt with through a range of guidance notes and template documents such as Suitability Assessment Questionnaires, Instructions to Tenderers and Forms of Tender which are published under the CWMF. These documents may be downloaded and modified to suit each particular tender competition, and provides a consistent approach for contracting authorities to the management of public works projects.

The Capital Works Management Framework (CWMF) was introduced on a phased basis from 2007 and became mandatory for all contracting authorities through the issue of Department of Finance Circular 06/10 on 5 May 2010. The documents are updated and augmented where appropriate to respond to new developments in the industry and changes in the regulatory environment.

The Deputy will appreciate that the assessment of a tenderer's financial and economic standing is a key part of any procurement process because the contracting authority must be reasonably satisfied that a contractor will have the necessary capacity to carry out a contract if the contractor is awarded the contract. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is, of course, a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract. My Department has developed specific national guidelines for contracting authorities in relation to minimum standards for suitability criteria for construction contractors interested in tendering for public works projects; published as part of the Capital Works Management Framework (Guidance Note 2.3.1.3 Suitability Criteria for Works Contractors Minimum Standards refers. http://constructionprocurement.gov.ie/wp-content/uploads/GN_2.3.1.3.doc ) In this regard, it is important to point out that there are no centrally imposed requirements for a minimum turnover. Such requirements would logically be developed on a case by case basis with reference to the specific needs of the contract.

The Government recognises that the small and medium enterprise (SME) sector is very important to the economy and that public procurement can be a source of business for SMEs. In this regard, my Department has issued public procurement guidelines (Circular 10/10) to public bodies which are aimed at facilitating greater participation of SMEs in public procurement opportunities. In relation to suitability criteria, the guidelines stress that public bodies must ensure that any criteria/turnover levels set by them must be both justifiable and proportionate to the needs of the contract.

Peace and Reconciliation Programme

Ceisteanna (263)

Pearse Doherty

Ceist:

263. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he will provide an update on the design of a PEACE IV programme and the EU funding that has been agreed; if this funding will come out of Ireland's ERDF allocation or if it is separate [54059/13]

Amharc ar fhreagra

Freagraí scríofa

Preparations for the new Structural Funds programming period have been underway over the past eighteen months. The SEUPB is currently drafting the Operational Programme for the PEACE IV Programme in close consultation with the Department of Public Expenditure and Reform in Ireland and the Department of Finance and Personnel in Northern Ireland. The first consultation with stakeholders across the eligible regions including the Border Region of Ireland and Northern Ireland for the PEACE IV Programme ran from 28 August until 20 November 2012. Almost 1,000 people attended these consultation events.

Once drafting of the Operational Programme has concluded a second public consultation process will be held in early 2014 and will give stakeholders an opportunity to offer their views on the draft Programme.

It is anticipated that the draft Operational Programmes for PEACE IV will be presented to the Northern Ireland Executive and the Irish Government in 2014. Formal submission to the EU Commission will take place following the agreement of the two Governments. As a result of the efforts of the Irish Government the next round of Structural Funds will include a special allocation of €150 million for a new cross-border PEACE programme. This will be funded from the Irish and UK ERDF allocations 2014 – 2020 under the European Territorial Co-operation goal.

In addition the Secretary of State for Northern Ireland has announced, in the context of the Building a Prosperous and United Community Pact, an additional €50m for PEACE IV from within the UK’s overall ERDF funding.

The final funding package for the PEACE Programme will be determined in the context of the programme planning currently underway.

North-South Implementation Bodies

Ceisteanna (264)

Dara Calleary

Ceist:

264. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the discussions he has had in relation to the North-South pension scheme; if the proposed amendment rules as notified from officials in the Department of Finance and Personnel and his Department will apply to southern based employees of Waterways Ireland; and if he will make a statement on the matter. [53699/13]

Amharc ar fhreagra

Freagraí scríofa

Five of the six North/South Implementation Bodies, including Waterways Ireland, along with Tourism Ireland, operate the North/South Pension Scheme (NSPS). The Scheme is unique in covering public sector staff employed on both sides of the border; staff of the affiliated employers in this jurisdiction are automatically members of the Scheme. The Chief Executive Officers of the relevant NSPS bodies and Tourism Ireland meet as the NSPS CEO Pension Committee, which exercises trustee-like functions in relation to the Scheme.

As Minister for Public Expenditure and Reform, I am jointly responsible, along with the Northern Ireland Minister for Finance and Personnel, currently Mr Simon Hamilton, for the rules of the North/South Pension Scheme, and in particular for approving amendments which may be proposed to those rules. In exercise of my responsibilities in relation to the Scheme, I and my officials have engaged in correspondence and discussion about reforms to the NSPS rules with my counterpart Northern Ireland Minister and his officials.

Review and reform of existing pension arrangements, including public sector pension arrangements, has been an ongoing feature of the pensions landscape in Ireland and the UK over recent times. In this context it is natural that reforms to the North/South Pension Scheme would arise for consideration, and proposals in this regard have been discussed with the NSPS CEO Pension Committee.

Pending further development of these proposed reforms, and mindful that there is ongoing discussion with trade union interests on the proposed changes, I do not intend to elaborate at this juncture on the possible final specific content of the rule amendments which may arise. I can however confirm to the Deputy my intention that the changes will, to the extent that is consistent with legal norms in each jurisdiction, apply to southern and northern NSPS members alike, including staff of Waterways Ireland in this jurisdiction. This uniformity of application would reflect the fundamental all-Ireland character of the Scheme, to which successive Governments have been committed.

Legislative Programme

Ceisteanna (265)

Derek Nolan

Ceist:

265. Deputy Derek Nolan asked the Minister for Public Expenditure and Reform when the Valuation (Amendment) (No. 2) Bill will become law; and if he will make a statement on the matter. [53732/13]

Amharc ar fhreagra

Freagraí scríofa

The Valuation (Amendment) (No. 2) Bill, 2012 had its second stage reading in Seanad Éireann on 11th October, 2012. The Bill provides for a number of initiatives to accelerate the overall revaluation programme, such as the piloting of a self-assessment scheme of valuation in one local authority area, which if it proves successful could be extended to other areas. There is also provision in the Bill to allow for the piloting of the assessment of valuations by contract valuers under an external delivery scheme. The Bill also contains provisions to streamline the overall process of revaluation and the appeal mechanisms available to ratepayers subsequent to the revaluation.

The Bill is expected to be ready for Committee stage in the Seanad early in the New Year. Subject to availability of time in both houses and the Bill successfully passing the remaining stages in the Seanad and Dáil I expect that it will be enacted in the first half of 2014.

National Lottery Receipts

Ceisteanna (266)

Seán Fleming

Ceist:

266. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the annual licence fee and all all other receipts related to the national lottery the State has received over the past ten years; when he expects to receive the initial proceeds from the sale of new national lottery licence; and if he will make a statement on the matter. [53781/13]

Amharc ar fhreagra

Freagraí scríofa

The surplus for good causes achieved by the National Lottery in each of the past 10 years is set out in the table.

Year

2012

€225,287,000

2011

€231,898,000

2010

€243,742,000

2009

€263,501,000

2008

€267,756,000

2007

€245,480,000

2006

€217,526,000

2005

€203,205,000

2004

€191,125,000

2003

€186,702,000

The upfront fee in respect of the next licence is to be paid in two equal instalments. The licence provides that the first instalment will be paid within 10 days of the signature of the licence and that the second instalment will be paid within 9 months of signature. In addition, there will continue to be significant annual returns for good causes under the next licence. Discussions are ongoing between my Department, the Office of the Attorney General and the Preferred Applicant on finalising the licence.

Flood Prevention Measures

Ceisteanna (267)

Colm Keaveney

Ceist:

267. Deputy Colm Keaveney asked the Minister for Public Expenditure and Reform the actions the Office of Public Works has taken to rectify and relieve flooding that has occurred in the village of Pollaturick, Tuam, County Galway, following works carried out by the OPW and by Galway County Council; and if he will make a statement on the matter. [53949/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the Office of Public Works (OPW) has not carried out works at this location. OPW staff visited the area a number of months ago to investigate reports of flooding. It is understood that works were carried out in the area by a contractor on behalf of Galway County Council, relating to the construction of a group water scheme. In this regard the matter should be raised with the Council.

With regard to localised flooding generally, it is open to Galway County Council to submit an application under the OPW's Minor Flood Mitigation Works & Coastal Protection Scheme. Any application received will be assessed under the eligibility criteria, which includes a requirement that any measures are cost beneficial, and have regard to the overall availability of funding. Application forms and related guidelines are available on the OPW website (www.opw.ie) under Flood Risk Management.

Decentralisation Programme Expenditure

Ceisteanna (268)

Kevin Humphreys

Ceist:

268. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform if he will outline what offices relevant to his Department are located or have been decentralised outside of Dublin; if he will provide the total number of staff in his Department and the number of staff based outside County Dublin as of 2013; the annual cost incurred in 2012 and 2013 respectively for decentralised staff travelling to meetings in Dublin; the number of times staff travelled to individual meetings in Dublin in each of those years; the costs those staff will be reimbursed for; and if his Department has procedures or mechanisms in place such as video conferencing to reduce the cost of travelling for each unit based outside Dublin; and if he will make a statement on the matter. [53999/13]

Amharc ar fhreagra

Freagraí scríofa

My Department was established in July 2011 and at that time there was a small number of my staff working in Tullamore who had decentralised to Tullamore with the Department of Finance in 2006. As of end 2013 there will be 9 staff in total working in Tullamore in the Training Policy Unit and the Internal and EU Audit Unit.

We are currently identifying the number of trips and the travelling costs incurred by the staff in 2012 and 2013 for meetings in Dublin and will follow up with a more detailed reply when this information is collated. Travel expenses are reimbursed as per the relevant circulars and guidelines.

My Department currently provides a room-based video-conferencing system which is used to facilitate meetings within the Department and also with other national and international bodies. In 2014 the Department will be rolling out a new desk-to-desk video conferencing solution.

Heritage Sites

Ceisteanna (269)

Ciara Conway

Ceist:

269. Deputy Ciara Conway asked the Minister for Public Expenditure and Reform if he will provide an update on the transfer of Mount Congreve, County Waterford into public ownership; if he will provide a timeline for this project; when the gardens will be open to the public; and if he will make a statement on the matter. [54045/13]

Amharc ar fhreagra

Freagraí scríofa

The house and gardens at Mount Congreve are currently under the care of the Mount Congreve Trust. The Mount Congreve Trust consists of three Trustees including the Commissioners of Public Works. The remaining two Trustees represent the Congreve Foundation and were appointed by Mr. Congreve.

The Trust period for the gardens commenced in May 2011 and will expire in May 2032. The Mansion House will remain in the hands of the Trust until 2059. Only upon the expiration of these Trust periods will the properties revert to the ownership of the State.

The Commissioners of Public Works, in their role as Trustee, and the office of the Attorney General, have been in discussions with the Congreve Foundation as to the future management of the Trust properties. These discussions are ongoing.

Public Sector Staff Remuneration

Ceisteanna (270)

Simon Harris

Ceist:

270. Deputy Simon Harris asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 227 of 10 December 2013, if he will provide detail, in tabular form, of any exemptions granted by his Department or any agency under his remit to the long-standing general principle of pay policy that the payment of additional remuneration to public servants for undertaking additional duties is not permitted; the additional remuneration involved in each case; the date of sanction for such additional remuneration; the rationale behind such sanction; and if he will make a statement on the matter. [54089/13]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy’s question I can confirm that no exemptions were granted to any staff in my Department, or agency under my remit, in accordance with the “one person one salary” (OPOS) principle whereby additional payments cannot be made to public servants for undertaking other duties in the public service.

Consultancy Contracts

Ceisteanna (271)

Niall Collins

Ceist:

271. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the total amount spent on external IT consultants by his Department in 2010, 2011, 2012 and to date in 2013; the estimated spending in 2014; and if he will make a statement on the matter. [54445/13]

Amharc ar fhreagra

Freagraí scríofa

The total amount spent on external IT consultants by my Department since its establishment in June 2011 is as follows:

Year

Amount

2011

€0

2012

€30,750

2013

€139,078.56

Based on current plans, the estimated spend on external IT consultants for 2014 is €1,035,169. This does not include any spend that may be required in the Office of Government Procurement.

Departmental Legal Costs

Ceisteanna (272)

Billy Timmins

Ceist:

272. Deputy Billy Timmins asked the Minister for Public Expenditure and Reform the cost of legal action against his Department for the years 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [54461/13]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy's question I can confirm that no costs were incurred for legal action taken against my Department since the formation of this Government. The cost of legal action against the Office of Public Works was €596,583.87 in 2011, €6,535,497.35 in 2012 and €3,785,300.43 in 2013.

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