Written Answers Nos. 123-129
123. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will provide the current staffing levels at Irish Water, broken down into different categories of engineers, call centre staff and so on. [5843/14]
Amharc ar fhreagraThe Water Services Act 2013 provided for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann to be formed and registered under the Companies Act. A fundamental underpinning of the water reform programme is to ensure that the skills and experience built up over many years in local authorities are put to best use for the long-term benefit of the customer and that there is no negative impact on service to customers during the transition. The Water Services (No. 2) Act 2013 transferred statutory responsibility for water services to Irish Water and provided for local authorities to act as agents for Irish Water, with this relationship being expressed through Service Level Agreements. The majority of the existing staff remain employees of local authorities working under such arrangements from 1 January 2014.
Irish Water is currently recruiting to build up the internal capabilities required within the organisation and the number of staff employed is an operational matter for the organisation. It was agreed by the Steering Group for the Water Sector Reform programme that, to ensure skills within the sector were fully availed of in building up the new organisation, competitions for positions in asset management, capital delivery and operations would be restricted to staff in the partner organisations i.e. Bord Gáis Éireann, local authorities and my Department in the first instance. Open competitions are held for all other positions and details of these are available on Irish Water’s website www.water.ie.
Data supplied to my Department by Irish Water indicates that 346 staff have been recruited to up to 31 January 2014. The breakdown of these staff by department is as follows:
|
Asset Management and Capital Delivery |
89 |
|
Technical Advisory Services |
4 |
|
Operations and Maintenance |
80 |
|
Customer Operations |
63 |
|
HR/Business Change |
27 |
|
Finance |
54 |
|
Corporate Services (Communications/HSQE/Legal/Facilities) |
28 |
|
MD |
1 |
|
Total |
346 |
124. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 544 of 28 January 2014, if persons who self-build their homes will be required to take on full responsibility for ensuring that the properties concerned are in compliance with the Building Control (Amendment) Regulations (SI No 9 of 2014). [5852/14]
Amharc ar fhreagraThe Building Control Act 1990 places a legal obligation on owners, designers and builders to ensure that their building complies with the relevant requirements of the building regulations. These obligations apply to all sectors of the housing and construction market, including the self-build sector. Local building control authorities have powers to inspect and enforce compliance and where concerns exist in relation to a particular building, the authority may serve an enforcement notice on both the owner and the builder. In a self-build situation the owner and the builder will be one and the same.
The Building Control (Amendment) Regulations do not change or vary the legal position set out in the Act of 1990. It will, however, greatly strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. In practice, even in a self-build situation, the owner-builder may contract out certain construction tasks. Under the new Regulations the owner-builder will also be required to engage competent registered professionals to undertake the design and to perform the role of the Assigned Certifier who will prepare an inspection plan, ensure this plan is implemented by himself and others and, in conjunction with the self-builder, sign the Certificate of Compliance on Completion. The resolution of problems arising between the owner-builder and any of the parties engaged by them as Designer, Contractor or Assigned Certifier is a matter between the owner, the relevant parties and their insurers, subject to the terms of any contracts in place. Where contractual issues cannot be resolved through dialogue and negotiation they can be enforced by civil action through the courts.
125. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 133 of 29 January 2014, if he will confirm the reason contractors must have a project supervisor design phase qualification to unblock or free four inch sewer pipes; if he will accept that in view of the way tender documents are structured, Irish Water will now pay up to three times the price to have sewers unblocked as local authorities did heretofore; if this additional cost will be added to the price of water charged to householders; and if he will make a statement on the matter. [5868/14]
Amharc ar fhreagraAs Irish Water is a commercial utility and a subsidiary of Bord Gáis Éireann (BGE), formed and registered under the Companies Act, I and my Department will not necessarily have access to details of, or direct accountability for, expenditure and other organisational matters in relation to the company. Procurement by Irish Water of external resources is a matter for the company and I have no role in approving individual contracts. However, in this context, and to support and assist public representatives in their role, my Department has requested Irish Water, on behalf of myself and Minister O’Dowd, to take early action to ensure that public representatives are regularly briefed on matters pertaining to the organisation and operation of the utility. Irish Water is currently considering how best to support and respond to the Parliamentary and public representation needs of elected representatives at national and local level.
Pending the establishment of these arrangements, my Department requested the information sought in the question from Irish Water and I can indicate that the unblocking or freeing of sewer pipes was covered under the competition for CCTV & Jetting Works. Within this, Project Supervisor for the Design Phase (PSDP) requirements are statutory appointments under the Safety, Health and Welfare at Work (Construction) Regulations 2013 which are applicable to all construction works, including “redecoration or other maintenance, including cleaning involving the use of water or an abrasive at high pressure…”. By their nature, CCTV & Jetting Works (the unblocking or freeing of sewer pipes) often require “design” elements such as traffic management, risk assessments, confined space work plans, etc. Irish Water sought suitable contractors who could undertake these roles and be deemed competent for same in accordance with the Regulations.
As regards costs, all works and services framework contract tenders included a number of pricing options. The pricing options allow the award of work based on the most competitively priced option. Irish Water is not obliged to issue work at the prices submitted. The default position is to use the lowest priced framework contractor or alternatively run a mini-tender competition to ensure value for money. The approval of works purchase orders and assessment of quotations is overseen and monitored centrally by Irish Water. The nationwide operational frameworks that Irish Water has awarded are competitively priced and will ensure operations supported by third party services providers are cost efficient.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he is satisfied with regard to the availability of the necessary resources to An Garda Síochána to facilitate ongoing upgrading of communications and transport equipment; and if he will make a statement on the matter. [5708/14]
Amharc ar fhreagraAs the Deputy will be aware, the Garda authorities are continually looking to employ new technologies to achieve their goals and to contribute to the services they provide. This is a policy which is designed to ensure that the Garda Síochána will be in a position to take advantage of proven technological developments to tackle crime and to meet the needs of an effective police force. In particular, the National Digital Radio Service is being operated nationwide by the Garda Síochána. The technology deployed by the Service is fully up to date and it delivers reliable, secure and very high quality communications. In that context it has significantly improved the safety of Garda personnel and the coordination of policing operations throughout the country. Furthermore the Garda authorities have indicated that they are using enhancements of the Service to avail of new facilities which are providing major benefits to the Force. In addition I am conscious of the importance of the Garda fleet and, in that regard, the Deputy will be aware that I recently secured a further €9m for investment in the fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. These were in addition to the 133 new Garda vehicles which had already been procured during the year. The remaining €4 million has been made available for the purchase and fit out of Garda vehicles in 2014.
The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it is intended to improve the efficiency of the legal aid services notwithstanding the ongoing economic situation; and if he will make a statement on the matter. [5709/14]
Amharc ar fhreagraAs the Deputy may be aware the provision of legal aid falls within two separate categories, i.e criminal legal aid and civil legal aid. The provision of civil legal aid in the State is the responsibility of the Legal Aid Board. Criminal legal aid is provided by the Courts, through the Judiciary. Details in respect of each category are as follows:
Civil Legal Aid
Demand for legal services from the Legal Aid Board (“the Board”) has increased significantly since the down-turn in the economy. While there was a 10% drop in demand at the general law centres in 2012 compared to 2011, nevertheless the demand for general legal services (excluding asylum) in 2011 was 93% greater than it was in 2006. Demand in 2013 was similar to what it was in 2012. The Board has not been subject to the sort of cuts to its grant-in-aid that other public service bodies have had to experience and I have been able to maintain the Board’s grant-in-aid at the same level for 2014 as it was in the previous three years.
Nevertheless it is a challenging environment that has resulted in lengthened waiting times for those seeking legal services for matters that are not prioritised. I know that waiting times are a matter of constant concern to the Board and that it keeps them under very active review. I am also aware that the Board is constantly keeping the delivery of its services under review with a view to getting legal services to those most in need of them as quickly as possible.
Notwithstanding the pressures on resources, the Government has further supported the Board by approving exemptions from the moratorium to enable the organisation to recruit front-line staff for direct service delivery. The Public Appointments Service concluded a solicitor recruitment competition for the Board last year from which a number of permanent appointments have been made and a number of temporary positions have also been filled.
In September 2013 I signed into law by way of Regulations, a package of proposals from the Board for the revision of the financial eligibility and contributions provisions governing the granting of civil legal aid. The Regulations include a reduction in the capital eligibility threshold for legal services and they also include increases in the contributions payable by most persons seeking legal services. These provisions should have some impact, albeit relatively marginal, on the resources available to the Board.
In response to the changed environment the Board has taken steps to try and improve the efficiency and effectiveness of the delivery of its legal services. Those steps include the following:
- The Board has been piloting a ‘triage’ approach to service delivery and this approach is operative in most of its centres at this stage. The pilot is in response to lengthening waiting times. The aim of the ‘triage’ approach is that every applicant gets to see a solicitor within a period of one month for the purpose of getting legal advice (consultations are broadly limited to 45 minutes). If the applicant requires further services they remain on the ‘waiting list’. There is or has been a ‘backlog’ of applicants to be seen for triage purposes hence it is taking time to reduce the waiting time for such an appointment to one month. Where the triage approach is operative there is a waiting time for the triage appointment and a waiting time for the second consultation. A first review of the operation of the pilot indicated that clients were satisfied with this particular service initiative. This was because they got early access to a solicitor for advice on their legal disputes that provided clarity about the options open to them and the process through which their disputes might be resolved.
- In August 2012 the Board introduced a new case management system in its law centres. This is a ‘start to end’ system which will in the medium term deliver efficiencies in terms of the administration aspect as well as in relation to the delivery of the legal services. It will take time for the full benefits of this system to materialise.
- In November 2011 I transferred responsibility for the management and administration of the State funded family mediation service to the Board. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. Already there are very positive signs from a pilot initiative operating in Dolphin House (where the Dublin District Family Court sits) involving the co-location of the courts and a mediation service with a legal service located there also. Similar initiatives have now been introduced in Cork and Naas and are being evaluated. I know that the Board is working particularly hard on promoting mediation as a meaningful option.
- While the Board’s asylum related legal services were previously funded from a separate grant, since 2012 I have funded the Board on the basis of a single ‘grant-in-aid’. With the drop in demand for asylum, the Board has taken steps to integrate the delivery of its asylum related services into the general law centre service delivery model thus effectively transferring resources from the asylum area to the general legal service area where the demands have increased.
- I am aware that the Board has maintained a high level of usage of private solicitors for family law cases in the District Court. Cases in the District Court are often those that need the most immediate remedy.
- I am also aware that the Board continues to engage with other key players in the justice / legal area such as the Courts Service and the Health Service Executive (now the Child and Family Agency), with a view to trying to ensure that State funded resources that impact on its area of business are used to best effect.
I am very conscious of the difficulties that delays in accessing legal aid can give rise to and I am aware that the Board is also keenly aware of those difficulties and is working to ensure the delays are minimised to the greatest extent possible.
Criminal Legal Aid
I wish to advise the Deputy that I consider that the Criminal Legal Aid system currently operates efficiently within its current legislation. There is no waiting period associated with the granting of criminal legal aid as under the Criminal Justice (Legal Aid) Act 1962, the Courts, through the judiciary, are responsible for the granting of legal aid upon the applicant's appearance in Court. However, a new Criminal Justice (Legal Aid) Bill is currently being drafted which will update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse.
Provision to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions must have regard to a person's rights to the presumption of innocence, to a fair trial and to be given legal aid, where appropriate.
128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners remanded on bail on foot of charges relating to serious criminal activity in each of the past 12 months to date; and if he will make a statement on the matter. [5710/14]
Amharc ar fhreagra129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners remanded on bail on foot of charges relating to serious criminal activity in each of the past five years to date; and if he will make a statement on the matter. [5711/14]
Amharc ar fhreagraI propose to take Questions Nos. 128 and 129 together.
I can inform the Deputy that the number of prisoners remanded on bail for 2009, 2010 and 2011 are set out in the following table.
|
Year |
Number of prisoners |
|
2009 |
648 |
|
2010 |
831 |
|
2011 |
703 |
Since 2012, with the introduction of a new operating system, the Irish Prison Service no longer record figures in the format requested. However, I can inform the Deputy that the total number of prisoners remanded on foot of all charges in 2012 and 2013 are outlined in the following table.
|
Year |
Number of prisoners |
|
2012 |
3,112 |
|
2013 |
2,821* |
A breakdown of the figure for 2013 by month, of prisoners remanded on foot of all charges, is outlined in the following table. These figures are provisional pending the publication of the 2013 Irish Prison Service Annual Report.
|
Month |
Number of prisoners |
|
January |
255 |
|
February |
231 |
|
March |
236 |
|
April |
225 |
|
May |
227 |
|
June |
192 |
|
July |
231 |
|
August |
175 |
|
September |
248 |
|
October |
279 |
|
November |
282 |
|
December |
240 |
|
Total |
2,821 |
