Written Answers Nos. 303-325
303. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if the Office of Public Works has held discussions with the Department of Arts, Heritage and the Gaeltacht regarding the future management of historical buildings currently under the care of the National Parks and Wildlife Service; and if he will make a statement on the matter. [21035/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that they have not had any discussions with the Department of Arts Heritage and the Gaeltacht in relation to properties under the care of the National Parks and Wildlife Service.
If the Deputy has a specific case in mind, he might raise the matter directly with the Commissioners who will be happy to answer any queries in this regard.
304. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform when works will be continued at a location (details supplied); the Office of Public Works' future works plan for the location; and if he will make a statement on the matter. [21087/14]
Amharc ar fhreagraThe Office of Public Works (OPW) is continuing to carry out repair works on damaged flood defences on the River Maine Scheme. Given the extent of works required and the limitations of available resources, works are prioritised and carried out on a planned phased basis.
Emergency repair works were carried to a breached embankment at Garrane, Killorglin, in February of this year. These works included bringing in approximately 10,000 tonnes of suitable clay material to repair the damaged embankment, and were completed over a period of approximately three weeks.
Available OPW resources are currently committed to repair of a major breach at Ardcanaght, and two other locations are prioritised for attention. When these are completed, OPW will return to Garrane to carry out additional works, including further strengthening of the repaired defence, installation of a new sluice structure and opening up of a back drain network. A level and condition survey of the entire 6 kilometres of OPW flood defence at Garrane will be conducted in the coming weeks.
305. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if his Department will provide a specific grant to Kerry County Council for repair works to an embankment at a location (details supplied) in County Kerry; and if he will make a statement on the matter. [21095/14]
Amharc ar fhreagra306. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if his Department will provide a specific grant to Kerry County Council for repair works to an embankment at a location in County Kerry (details supplied); and if he will make a statement on the matter. [21096/14]
Amharc ar fhreagraI propose to take Questions Nos. 305 and 306 together.
As has been indicated in replies to previous questions on this matter, the Office of Public Works (OPW) is not responsible for the maintenance of the embankments at Cromane, Incherea and Glenbeigh. The OPW allocated funding to Kerry County Council of €180,000 under the Minor Flood Mitigation Works and Coastal Protection Scheme in 2012 for works to embankments at Cromane and Incherea. This funding has been drawn down by the Council and the works in question have been undertaken.
The Government decided on 11 February, 2014 to make available funding of up to €69.5 million for a programme of repair and remediation works to roads, coastal protection and flood defence and other public infrastructure damaged in the storms from 13 December, 2013 to 6 January, 2014 based on estimates provided by the local authorities concerned. Of the total amount being made available, up to €19.6 million is available via the Office of Public Works (OPW) for the repair of damaged coastal protection and flood defence infrastructure. The allocation of funding to local authorities under the Government Decision was to specifically address the repair of existing damaged infrastructure as a matter of priority.The Department of the Environment, Community and Local Government (DoECLG) wrote to Kerry County Council indicating, based on the estimate submitted by the Council to that Department, that up to €1,226,920 is being made available to the Council via the OPW to undertake the necessary repair works to damaged coastal protection and flood defence infrastructure. The estimates submitted by Kerry County Council to the DoECLG included strengthening works at Incherea and Glenbeigh and both repair and strengthening works at Cromane Lower. Strengthening works fall outside of the scope of the Government Decision, and the Council will need to address this separately and outside of the current process aimed at repairs and emergency works.
The Council must submit overall programmes of works to the DoECLG detailing how it proposes to spend the total allocation that is being made available. The Council must also submit the relevant elements of its programme to each Department from whom funding will be made available for consideration of technical aspects of the proposed works. When the Council's programme of coastal protection and flood defence projects is received by the OPW it will be reviewed having regard to related guidance issued by the DoECLG to the local authorities.
The OPW has informed the local authorities that in order to assist them in a practical way and to avoid any potential cash-flow issues, it will consider requests for advance funding of up to 80% of the estimated cost of approved projects where a contract for works has been made.
307. Deputy Robert Troy asked the Minister for Public Expenditure and Reform if a direct transfer with another willing employee can be facilitated under the redeployment scheme. [21156/14]
Amharc ar fhreagraThe Public Service Agreements (PSAs) covering the period 2010-16 (the Croke Park and Haddington Road Agreements) provide for agreed redeployment arrangements to apply in the Civil Service and in other parts of the Public Service. The Agreements facilitate the transfer of staffing resources from organisations where activities have assumed lesser priority arising from changing business needs, or as a result of the rationalisation, reconfiguration or restructuring of public service bodies, to organisations that are facing increasing demands for its services and consequential resource pressures. In that context, exchanges between staff in the organisations involved do not arise.
Transfers between grades in the civil service can be arranged on an informal, head-to-head, basis. Such transfers are arranged between the officers seeking to move and the relevant Personnel Units and require the agreement of both Personnel Officers.
Staff exchange arrangements for the other Public Service sectors are a matter for the relevant parent Department in each case.
308. Deputy Stephen S. Donnelly asked the Minister for Public Expenditure and Reform if any telephone calls in or out of his Department are being or ever have been recorded, and if so, if he will provide details of the systems used to record and store such calls, the cost to his Department; and if he will make a statement on the matter. [21239/14]
Amharc ar fhreagraIn response to the Deputy s question I can confirm that my Department does not engage in recording telephone calls nor is it a matter I am currently considering.
309. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform when part of a river (details supplied) in County Mayo will be maintained. [21304/14]
Amharc ar fhreagraThe Coolturk River does not form part of an Office of Public Works (OPW) arterial drainage scheme and, as a result, the OPW is not responsible for its maintenance.
It remains open to Mayo County Council to apply for funding to undertake any necessary works under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme. Any application received would be assessed under the eligibility criteria of the Scheme, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding. Application forms are available on the OPW's website www.opw.ie under Flood Risk Management. It is also open to the Local Authority to carry out works using its own resources.
310. Deputy Colm Keaveney asked the Minister for Public Expenditure and Reform the studies that have been carried out since 2008 by the Office of Public Works into flooding in the townland of Pollaturick, Miltown, Tuam, County Galway, following works carried in the townland in connection with the Miltown group water scheme; and if he will make a statement on the matter. [21311/14]
Amharc ar fhreagraI am advised that the Office of Public Works (OPW) has not carried out studies at this location. OPW engineering staff visited the area last year to investigate reports of flooding. I understand 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 for funding 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 under Flood Risk Management.
311. Deputy Seán Kenny asked the Minister for Public Expenditure and Reform if he will provide details of the amount in legal fees incurred by the Commission for Public Service Appointments for the year to date and for each of the past four years; and if he will make a statement on the matter. [21491/14]
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. The following legal fees were incurred by the CPSA for each of the last four years;
|
Year |
Amount |
|
2010 |
€26,000 |
|
2011 |
€22,000 |
|
2012 |
€1,000 |
|
2013 |
€35,000 |
The CPSA's expenditure on legal fees up to 9 May 2014 was €26,000. All the outlay on legal costs in 2013 and in 2014 to date are on foot of the CPSA's involvement in one Judicial Review case. The case itself is ongoing and more fees are likely to arise.
312. Deputy Pat Deering asked the Minister for Public Expenditure and Reform if he will consider redesignating preschools as educational in the upcoming valuation Bill as they are now providing an education service. [21499/14]
Amharc ar fhreagraThe Valuation Act, 2001, which came into effect on 2 May, 2002, provides that all buildings used or developed for any purpose including constructions affixed thereto are rateable unless expressly exempt under Schedule 4 of the Act.
Paragraph 10 of Schedule 4 of the Act provides only for the exemption from rates of a school, college, university, institute of technology or other educational institution which provide educational services
(i) which are not established and the affairs of it are not conducted for the purposes of making a private profit, or
(ii) the expenses incurred by it in providing the educational services concerned are defrayed wholly or mainly out of moneys provided by the Exchequer, and
(iii) in either case it makes the educational services concerned available to the general public (whether with or without a charge being made therefor).
Charitable organisations providing pre-school or childcare facilities which are used exclusively for charitable purposes and otherwise than for private profits are specifically excluded from liability for commercial rates by virtue of paragraph 16 of Schedule 4 of the Valuation Act 2001. However, the Act maintains the long-standing position that commercial facilities, including play schools, pre-schools, crèches and Montessori schools, which are operated on a commercial for profit basis are liable for rates.
I have no plans to provide for special treatment of private pre-school or childcare facilities under the Valuation Act, 2001 or under the proposed amending legislation which provides that all buildings used for commercial enterprises are valued in a fair and equitable manner. Exceptions to this key principle would be quickly followed by demands for similar treatment from other interests which in equity would be difficult to resist. The process could thus substantially reduce local authority revenues, which if it were not to entail an increase in Exchequer funding of local authorities, would have to be made good by imposing a corresponding increase on the remaining ratepayers.
313. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform the progress on the recently announced Claregalway drainage and flood relief measures for the Clare River; if he will indicate the stage the project is at; and if he will make a statement on the matter. [21546/14]
Amharc ar fhreagraThe Office of Public Works (OPW), in association with Galway County Council, has developed a Flood Relief Scheme, under the Arterial Drainage Acts, for the Clare River in the environs of Claregalway.
The Scheme has been approved by the Commissioners of Public Works and has been submitted to the Minister for Public Expenditure and Reform for Confirmation i.e. statutory approval, in accordance with the requirements of the Arterial Drainage Act 1945, as amended. I can confirm the Government's and my own commitment to implementing this project, and that provision has been made for the cost of this project in OPW's Multi-Annual Capital Budget Profiles for the period 2014-2017.
314. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the position regarding a new Government office (details supplied) in County Wexford; and if he will make a statement on the matter. [21602/14]
Amharc ar fhreagraIn 1994, Wexford Borough Council agreed to transfer land at Crescent Quay/Anne Street, Wexford Town to the Commissioners of Public Works in return for a site at King Street, Wexford Town, owned by the Commissioners.
New Government Offices accommodating a number of Government Departments were constructed on the Crescent Quay/Anne Street site by the Commissioners of Public Works. The legal formalities were finalised by a Deed of Exchange.
The information requested by the Deputy will require a detailed examination of the files relating to this property transaction and the information is not readily available at this time. A number of questions contained in the Deputy's attachment to this PQ are a matter for Wexford Borough Council. When the files have been reviewed a more detailed response to any questions that are relevant to the Commissioners will issue directly to the Deputy.
315. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will provide details of all official foreign trips he and Ministers of State in his Department intend to take between now and the end of 2014; if he will detail whom they will be meeting on these trips; the purpose of the trip; the duration of the trip; if there are plans to use all of these trips to promote Ireland as a good place for doing business and as a destination for foreign direct investment; and if he will make a statement on the matter. [21862/14]
Amharc ar fhreagraIn response to the Deputy's questions the following table is a list of all official foreign trips that I intend to take between now and the end of 2014:
|
Minister for Public Expenditure and Reform Details of Foreign Trips intended from 12 May, 2014 to 31 December, 2014 |
||||
|
Date |
Purpose |
Details of people Minister will be meeting |
Duration |
Planning to promote Ireland as a good place for doing business or as a destination for foreign direct investment? |
|
23-26 June 2014 |
2014 United Nations Public Service Forum, Seoul, Republic of Korea to discuss ideas and best practices for Public Service innovation. |
Ministerial and high level Government officials from 100 countries. |
4 days |
Discussions are ongoing between the Department of Foreign Affairs and Trade and the Irish Embassy with a view to arranging promotional meetings during the Minister's visit. |
There are currently no plans for any official foreign trips by the Minster of State before the end of 2014.
316. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will instruct the Companies Registration Office to explain the irregular manner in which it conducted business with a company (details supplied); and if he will make a statement on the matter. [21432/14]
Amharc ar fhreagra317. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will instruct the Companies Registration Office to explain its conduct with a company (details supplied); and if he will make a statement on the matter. [21433/14]
Amharc ar fhreagra318. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will instruct the Companies Registration Office to explain its conduct with a company (details supplied); and if he will make a statement on the matter. [21434/14]
Amharc ar fhreagraI propose to take Questions Nos. 316 to 318, inclusive, together.
I am advised by the Companies Registration Office (CRO) that the company referred to by the Deputy was struck off the companies register for failure to file Annual Returns and dissolved in December 1998. The company made an application to the High Court in 2007 for restoration to the register. As is standard in such cases, the CRO was requested to supply a Letter of "no objection" to the restoration and it issued such a letter in April 2007 stating it would have no objection to the restoration provided the company delivered in advance to the CRO all of its outstanding Annual Returns and Accounts for the period 1991-2007 in this case.
The requested Annual Returns and Accounts were delivered to the CRO and as they appeared in order on their face and were duly signed by officers of the company, as notified to the CRO they were accepted by the CRO in April 2007 and are available as registered documents on the public register of companies.
I am further advised by the CRO that two B10 Forms ("Notification of appointment/resignation of director/secretary or change in details of director/secretary" ) were submitted to the Office on 14 February 2007. As these Forms appeared on their face to be in order and duly signed, they were subsequently registered by the CRO. The CRO was the recipient of further statutory filings and non-statutory correspondence from the company between its restoration in 2007 and 2010. The CRO is satisfied that the register now reflects accurately the position of appointment of directors and secretaries as notified to the registrar by the company. The onus rests with companies and their officers to ensure that accurate information is filed with the CRO.
It would appear that there is a dispute between a number of parties attached to the company. One of the parties has alleged that the B10 filings of February 2007 were “fraudulent” and the CRO advised the complainant to refer the complaint to the appropriate authorities for investigation.
I should stress that the CRO does not have an adjudication role in relation to the determination of who was, or who was not, a director or secretary of a company at a particular point in time. The role of the CRO is to register the various statutory forms submitted by companies that on their face comply with the statutory requirements. It would be a matter for the Courts to determine a dispute as to who, in fact, the directors of a particular company were on various dates. The CRO would immediately comply with any direction issued by the Court in that regard.
319. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of commercial semi-State companies under the aegis of his Department; the current value of the pension fund assets held by each commercial semi-State company; the latest funding position of each; and if he will make a statement on the matter. [20908/14]
Amharc ar fhreagraI wish to advise the Deputy that none of the bodies under the aegis of my Department is a commercial semi-State company.
320. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if his Department tracks the correlation between the number of job announcements by Industrial Development Agency Ireland and the numbers created within the time period projected at the time of the announcement; if he will make available his analysis of jobs announced versus jobs created; and if he will make a statement on the matter. [21073/14]
Amharc ar fhreagraFor a variety of reasons not all projects won by IDA Ireland are publicly announced. For example while IDA Ireland secured 164 investments during 2013 there were only 58 announcements. There is no direct correlation between the number of jobs announced in any one year and the actual number of jobs created in that same year. Depending on the individual company’s business plan jobs come on stream typically in a 3 to 5 year period following the securing of an investment win, though in some cases the time frame can be shorter.
It is important to note that the number of jobs created in IDA Ireland client companies in any one year typically exceeds the number of jobs announced. The potential job creation figure from the 58 IDA Ireland announcements in 2013 amounted to 5,600 whereas the actual number of jobs created in IDA Ireland client companies in 2013 was in fact 13,367, as shown in the Forfás Annual Employment Survey, which tracks the numbers of jobs created and lost in IDA Ireland client companies.
321. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding wage cuts; and if he will make a statement on the matter. [21114/14]
Amharc ar fhreagraI understand that the issues in dispute have been referred to the Labour Court.
Ireland’s system of industrial relations is voluntary in nature and responsibility for the resolution of industrial relations issues lies ultimately with employers and workers and their respective representatives as appropriate.
As the Deputy is aware, the State provides industrial relations mechanisms to assist parties in their efforts to resolve any differences they may have. Experience constantly shows us that what often appears to be the most intractable of matters is capable of resolution where both sides engage constructively and in good faith in this voluntary process. The principle of good faith implies that both sides make every effort to reach an agreement and endeavour to resolve their differences.
In my view the experience and expertise of the Labour Court offers the best avenue for resolving such issues.
In this context, I would urge the parties to engage constructively in the process in an effort to resolve the issues that are in dispute.
322. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the current number of sites owned by Enterprise Ireland; the market value of same; and if he will make a statement on the matter. [21222/14]
Amharc ar fhreagraEnterprise Ireland owns 8 sites/properties located in the following areas:
- Glasnevin
- Shannon Laboratories
- Dundalk
- Athlone
- Waterford
- Cork
- Sligo
- Galway
Enterprise Ireland does not assess the market value of its properties on an ongoing basis. However, the total Net Book Value of the above properties in Enterprise Ireland’s Accounts for 2013 was €2,669,000.
323. Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation if any telephone calls in or out of his Department are being or ever have been recorded, and if so, whether he will provide details of the systems used to record and store such calls, the cost to his Department; and if he will make a statement on the matter. [21237/14]
Amharc ar fhreagraMy Department's phone systems do not currently provide for recording of calls into or out of the Department. Between 2007 and September 2012 calls coming into the call centre of the National Employment Rights Authority in Carlow were routinely recorded, but the recording was deleted automatically if the operator did not choose to save the call before the call ended. Staff members in the call centre could choose to save a call in cases where it was felt necessary. In line with good practice, callers to the NERA call centre were presented with a recorded message informing them that calls could be recorded. The system did not provide for any long term storage of calls. The system was discontinued in 2012 following a system upgrade as it was no longer felt to be necessary. The cost of the system amounted to €21,775 plus VAT.
324. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if there is any legislation in Ireland akin to the British employment law whereby an employer can legally dismiss an employee if they reasonably believe that the employee committed an offence despite there being no evidence to support this belief. [21295/14]
Amharc ar fhreagraAs the Deputy will appreciate, I cannot provide legal advice in relation to the employment law rights applying to any individual’s specific circumstances. Independent legal advice should be sought in relation to any concerns an individual may have about their situation.
In Irish legislation, the Unfair Dismissals Acts 1977 to 2007 lay down criteria by which the fairness or otherwise of dismissals are adjudicated upon. In section 6(4) the Acts provide for potentially fair reasons for dismissal, including the conduct of an employee. The Acts state that, in determining whether the dismissal of an employee was an unfair dismissal or not, it shall be for the employer to show that the dismissal resulted wholly or mainly from one or more of the matters specified in Section 6(4) or that there were other substantial grounds justifying the dismissal. The Acts further provide that in determining if a dismissal is an unfair dismissal, regard may be had, if the Rights Commissioner, the Employment Appeals Tribunal or the Circuit Court, as the case may be, consider it appropriate to do so to, amongst other things, the reasonableness of the conduct of the employer in relation to the dismissal. Each case is adjudicated upon on its merits and the facts of the case.
An employee who has been dismissed may take a case under the Acts within 6 months of the date of dismissal (this can be extended to 12 months in exceptional circumstances). To qualify to take a case under the Unfair Dismissals Acts, an employee is normally expected to have at least one year’s continuous service with the employer, with some exceptions. Where a dismissal is found to be unfair, redress may take the form of either financial compensation, re-engagement or re-instatement, depending on which form of redress the adjudicatory body considers appropriate, having regard to all the circumstances of a case.
A claim under the Acts may be submitted initially to either a Rights Commissioner or the Employment Appeals Tribunal. An application to either of these bodies may be made using the “Single Complaint Form” which is available at website www.workplacerelations.ie.
325. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 271 of 30 April 2014, if he will provide a management chart for his Department that includes managements names as provided for by all other Departments. [21374/14]
Amharc ar fhreagraIn response to the Deputy’s request, a chart outlining the current structure of my Department together with management names is set out.
|
Secretary General: |
|
John Murphy |
|
Corporate Services, EU Affairs & Trade Policy |
Competitiveness & Jobs |
Labour Affairs |
Innovation & Investment |
Commerce, Consumers & Competition |
|
Principal Officer: John Hughes |
Principal Officer: Eugene Forde |
Principal Officer: Fiona Kilcullen |
Principal Officer: Pauline Mulligan |
Principal Officer: Kieran Grace |
|
Personnel/ Learning & Development/ Organisation Unit |
Indigenous Enterprise Development Unit |
Internal Audit |
Cross Governmental Science, Technology & Innovation Policy |
Competition & Consumer Policy |
|
Principal Officer: Conor Verdon |
Principal Officer: Paraig Hennessy |
Principal Officer: Paul Cullen |
Principal Officer: Aidan Hodson |
|
|
Labour Market/ EU EPSCO/ |
Principal Officers: Pat A Houlihan, Helen Curley, Elaine Cassidy |
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|
Chemicals Policy |
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|
Management Support/ Business Services Unit |
Access to Finance, Small Business & State Aid Unit |
Health & Safety |
Science Foundation Ireland, EU and International STI & PRTLI |
Company Law |
|
Principal Officer: Pat McCourt |
Principal Officer: William Parnell |
Principal Officer: Dermot Sheridan |
Principal Officer: Stephen Curran |
Assistant Principal: Máire Ní Chuirc |
|
ICT Unit |
Competitiveness & Climate Change Unit |
Employment Rights Policy |
Inward Investment & North/South Unit / Taxation Policy |
Cooperative Law & PIAB Liaison |
|
Principal Officer: Cathal O’Gorman |
Principal Officer: Liam Kelly |
Principal Officer: Anne Coleman-Dunne |
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|
Finance Unit |
Industrial Relations |
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|
Workplace Relations Liaison |
Intellectual Property Unit |
Offices of the Department: |
||
|
Principal Officer: Thomas Murray |
Principal Officer: Fiona Flood |
Principal Officer: Helen Dixon |
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|
EU Affairs |
||||
|
Internal Market |
Employment Permits Economic Migration |
Offices of the Department: |
Companies Registration Office (CRO) |
|
|
Principal Officer: Gerry Monks |
Principal Officer: Maureen O’Sullivan |
Controller: Gerard Barrett |
Registrar: Helen Dixon |
|
|
Trade Policy Unit |
Patents Office |
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|
Licensing Unit |
Registry of Friendly Societies |
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|
Bilateral Trade |
Workplace Relations Reform Programme |
Director: Ian Drennan |
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Offices of the Department: |
Office of the Director of Corporate Enforcement |
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Principal Officer: Liam Kelly |
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Employment Appeals Tribunal |
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Director: Kieran Mulvey |
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National Employment Rights Authority (NERA) |
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Chair: Kevin Duffy |
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Labour Court |
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Chief Executive: Kieran Mulvey |
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Labour Relations Commission |
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Director: Niall McCutcheon |
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Equality Tribunal |
