Written Answers Nos. 154-161
154. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will support Dublin City Council in its efforts to proceed to tender for 35 new units in an area (details supplied) in Dublin 17. [3172/14]
Amharc ar fhreagraI refer to the reply to Question No. 500 of 15 January, 2014 which sets out the position on this matter.
155. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if he will identify the county managers who have received payments from Irish Water in respect of the establishment of that company; the amounts paid to each county manager; the purpose for which these moneys were expended; and if he will make a statement on the matter. [3176/14]
Amharc ar fhreagraThe establishment of Irish Water involves major organisational change, an entirely new funding structure governed by economic regulation and the roll-out of a national domestic metering programme. The role of my Department is to drive the overall water sector reform process which includes developing the policy and legislation and ensuring delivery of the implementation strategy which was published in December 2012.
To assist with the implementation of the reform process the Water Services Transition Office (WSTO) was established by the County and City Managers’ Association. The role of the WSTO is to support the delivery of the water sector reform programme on behalf of the local government sector, by co-ordinating the input of the 34 County and City Councils. The WSTO prepared a detailed business case setting out its proposed role, functions and funding requirements. A Memorandum of Understanding (MoU) was agreed between the Department and the WSTO. The MoU set out the common understanding between the parties in relation to the role and functions of the WSTO during 2013 and 2014 and the agreed funding mechanism. To date, within the overall spending of some €15.7 million by my Department in respect of the Water Sector Reform Programme, funding of €5.7m has been provided to the WSTO. This funded the secondment of a number of dedicated staff from local authorities with experience across the water services, financial and human resources issues arising in this major organisational change. It also funded the recoupment of on average 2-3 staff in individual authorities for periods of time to interface with the transition office in collating and analysing the information necessary to support the transfer of functions, assets and liabilities to Irish Water. My Department has not made any payments to County Managers in respect of the Water Services Reform Programme.
156. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government the number of positions as director of services which remain unfilled across the country; the location of such vacancies; if any such positions have been suppressed; the number and location of such positions which have been filled on an acting basis; and if he will make a statement on the matter. [3177/14]
Amharc ar fhreagraThe moratorium on recruitment and promotion in the public service was introduced in March 2009 in response to the financial crisis. My Department operates a delegated sanction from the Department of Public Expenditure and Reform for implementation of the moratorium in relation to local authorities, and any exceptions to the moratorium in local authorities require sanction from my Department.
Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for City and County Managers, in the first instance, to ensure that the moratorium is implemented while the appropriate service levels are maintained.
My Department examines all staffing sanction requests on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. In considering sanction requests public safety, maintaining key front line services and economic issues are given precedence .
While information regarding staffing levels in local authorities is collected quarterly by my Department, the data gathered do not provide detail in respect of individual grades or job titles within each local authority, and accordingly, the information requested is not available in my Department.
Recent staffing sanction requests in relation to Director of Service posts are outlined in the table below:
|
Local Authority |
Date of Staffing Request |
Title of Post(s) |
No. of Post(s) |
Type of Contract sought |
Outcome |
|
Wexford County |
02/01/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Fingal County |
28/01/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Waterford County |
07/03/2013 |
Director of Services |
1 |
Acting |
Approved |
|
South Tipperary County |
11/03/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Monaghan County |
25/03/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Kildare County |
03/04/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Meath County |
16/04/2013 |
Director of Services |
1 |
Permanent |
Approved |
|
Kerry County |
08/05/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Westmeath County |
14/05/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Wexford County |
11/06/2013 |
Director of Services |
1 |
Acting |
Approved |
|
South Dublin County |
08/08/2013 |
Director of Services |
2 |
Permanent |
Approved |
|
Mayo County |
04/09/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Mayo County |
01/10/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Donegal County |
29/10/2013 |
Director of Services |
1 |
Acting |
Pending |
|
Galway County |
31/10/2013 |
Director of Services |
1 |
Permanent |
Pending |
|
Galway County |
31/10/2013 |
Director of Services |
1 |
Permanent |
Approved |
|
Monaghan County |
14/11/2013 |
Director of Services |
1 |
Acting |
Pending |
|
Kildare County |
08/01/2014 |
Director of Services |
2 |
Permanent |
Pending |
|
Wexford County |
13/01/2014 |
Director of Services |
1 |
Permanent |
Pending |
157. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government his views on whether all senior appointment to taxpayer-funded positions in the public service under the remit of his Department, including appointment to State boards, should be publicly advertised; and if he will make a statement on the matter. [3196/14]
Amharc ar fhreagraI am committed to ensuring that senior level appointments of the kind referred to are publicly advertised in line with general public service recruitment policies and practices and reflecting the Government’s commitment to ensure that such posts, which are central to the effective performance of our system of public administration, attract the widest range of high calibre candidates.
The Public Appointments Service already advertises a large number of public service posts on publicjobs.ie when requested . My Department promotes the availability of this service to the public service bodies under it s aegis on an on-going basis.
The selection and appointment to higher level management positions in Local Authorities is governed by primary legislation, including the Local Government Act 2001. Such positions are filled following open competition conducted by the Public Appointments Service.
Authorised filling of staff vacancies in State Agencies is generally a matter for the individual organisations concerned . The Public Appointments Service is available to discuss with any State agency the facility of advertising such vacancies on publicjobs.ie.
In relation to appointments to State boards a notice was placed on my Department’s website on 19 July 2011, seeking expressions of interest from suitably qualified and experienced persons, for consideration as members or chairpersons of the boards of State bodies under the aegis of my Department. Vacancies on the boards of bodies under my Department’s aegis will be notified on the website as they arise. However, expressions of interest can be made at any time and will be kept on file in my Department for consideration as vacancies occur.
In considering applications, due regard is had to the requirements of the position, the qualifications, experience and expertise of applicants. In considering applications, due regard is also had to Government policy regarding gender balance on State boards.
All appointments are made in accordance with the appropriate legislation governing appointments to each body. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Minister or the Government, as appropriate.
In a number of situations, only some appointments to the body concerned are made by the Minister, or appointments are made with the consent of another Minister.
158. Deputy Lucinda Creighton asked the Minister for the Environment, Community and Local Government the total amount of outsourcing that has been achieved in his Department since the letter sent by Secretary General of the Department of Public Expenditure and Reform in March 2012; the names of the outsourcing companies that have been involved; the total savings achieved; and if he will make a statement on the matter. [3300/14]
Amharc ar fhreagraThe information requested in the question is being compiled and will be forwarded to the Deputy as soon as possible. My Department already uses outsourcing as an effective and efficient way of providing services in areas such as ICT for telephony services, building services and property evaluation for foreshore licence applications. Given the mainly policy orientation of my Department the opportunities for outsourcing are limited.
Since the receipt of the letter in March 2012 my Department considers outsourcing and other alternative service delivery options where appropriate, particularly in the context of assessment of business units’ work planning and where new services are being provided by the Department in order to ensure effective and efficient delivery of services.
159. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the number of new agencies and State bodies established since 9 March 2011 under the remit of his Department; and if he will make a statement on the matter. [3346/14]
Amharc ar fhreagraThe Local Government Management Services Board and the Local Government Computer Services Board have merged with the establishment of the Local Government Management Agency (LGMA) in August 2012. The LGMA also took on residual functions from An Chomhairle Leabharlanna, which was dissolved as of 1 November 2012.
The Housing and Sustainable Communities Agency (HSCA) was established in 2012. It rationalises the functions of the National Building Agency (NBA), the Affordable Homes Partnership (AHP) and the Centre for Housing Research (CHR). The AHP and the CHR have been closed down and the NBA ceased operating in June 2011.
The Water Services Act 2013 provided for the establishment of Irish Water as a subsidiary of Bórd Gáis Éireann to be formed and registered under the Companies Act. The Water Services (No.2) Act 2013 provided for the transfer, in part, of water services functions from 34 water services authorities to Irish Water, which became the national water services authority from 1 January 2014.
My Department’s agency rationalisation programme has seen the number of agencies reduce from 21 to 10. A further reduction to 8 is planned for 2014 with the merger of the Environmental Protection Agency and the Radiological Protection Institute of Ireland and the dissolution of the Dublin Docklands Development Authority.
160. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government the number of semi-State companies under the remit of his Department that have paid bonuses to their employees in 2011, 2012 and 2013, inclusive; if he will identify the semi-State companies; the number of employees and the level of bonuses paid; his views on the situation; and if he will make a statement on the matter. [3697/14]
Amharc ar fhreagraNo employee in any semi-State body under the aegis of my Department received bonus payments in 2011, 2012 and 2013.
161. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will consider bringing an amendment to the Legal Services Regulation Bill to allow for the transfer of staff from the Law Society to the new authority; and if he will make a statement on the matter. [2976/14]
Amharc ar fhreagraI have previously stated the position in relation to this matter in response to a number of previous Parliamentary Questions and in the course of its discussion with Deputies on 15 January 2014 during Committee Stage of the Legal Services Regulation Bill which is now coming close to completion. I have also received a number of representations on the matter from the Law Society, concerned members of its staff and from trade union representatives.
It is fundamental that the new Legal Services Regulatory Authority, to be established under the Legal Services Regulation Bill 2011, be independent of the legal professions and of the Government in the performance of its functions. This will include its implementation of new and independent procedures relating to allegations of professional misconduct by either solicitors or barristers. Such complaints will be dealt with under the auspices of the new Regulatory Authority's Complaints Committee and supported, where appropriate, by the work of the new and independent Legal Practitioners' Disciplinary Tribunal. Under the Bill, members of the public will no longer go to the Law Society or to the Bar Council with their complaints in the first instance, as happens at the moment, but will instead make them through the Legal Services Regulatory Authority.
The independence of the new Regulatory Authority and of its attendant complaints and Disciplinary Tribunal procedures is, therefore, fundamental to their success and to the avoidance of any perception among members of the public that complaints about lawyers are being dealt with by lawyers themselves or by their representative bodies. In that spirit, I have previously welcomed the recognition, by the Law Society, that it would be "in the best interests of the public and the profession" if complaints about solicitors were no longer to be dealt with by the Society but by the new Legal Services Regulatory Authority. This stance has helped to underpin public perceptions of impartiality in the proposed new professional conduct regime to the utmost degree.
It is also desirable that the independence of the new regulatory regime be reflected in the relevant recruitment and appointment processes for staff of the new Authority and it is considered that such appointments should be better made by the Authority itself under open and public competition. Under this scenario, it should be open to existing staff of the legal professional bodies - who would obviously possess the relevant skills and experience - to apply for those positions advertised by the new Legal Services Regulatory Authority, which would then fill them independently.
At the same time, I readily acknowledge that the proposed reforms to the legal professional conduct regime will have negative implications for a number of existing and appropriately skilled staff who currently deal with public complaints made through the legal professional bodies. I have also noted the broad support given by Deputies, from across the Parties, during our discussion of this specific matter at Committee Stage on 15 March, to finding a workable solution which can reconcile the competing human resource and policy considerations involved. However, the human resource and other aspects of the establishment of the new Legal Services Regulatory Authority and of the Legal Practitioners' Disciplinary Tribunal remain matters of ongoing consideration at my Department and will have to be negotiated to their conclusion with the Department of Public Expenditure and Reform which has overall responsibility for policy in these areas.
