Written Answers Nos. 52-72
52. Deputy Sean Fleming asked the Minister for Education and Skills if a third level student grant will be paid in respect of a student (details supplied) in County Laois; and if he will make a statement on the matter. [24951/14]
Amharc ar fhreagraMy Department has been advised by Student Universal Support Ireland (SUSI) that the application of the student referred to by the Deputy is under review and the student will be informed of the outcome when the review is completed.
53. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform the reason the Construction Contracts Act has not been implemented three years after the Government promised to do so; and if he will make a statement on the matter. [24915/14]
Amharc ar fhreagraThe frustration that many contractors experience when faced with non-payment is understood and is being acted upon by Government. However, drafting legislation that cuts across the conventions of contract law and, in particular, to intervene in private agreements between individuals is not undertaken lightly. The mechanisms required for the successful delivery of the legislation are complex and, although similar legislation operates in other jurisdictions, details of the elements referenced in the Construction Contracts Act must be carefully considered to ensure it will operate as intended.
The Construction Contracts Bill passed all stages of the Houses of the Oireachtas in July 2013 and was signed into law on the 29 July 2013. The enactment of the legislation marked a significant step towards the Programme for Government commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies.
Two further elements are necessary for the operation of the legislation prior to its commencement. The first; a comprehensive code of practice for the conduct of adjudication, has been the subject of consultation with key stakeholders. The final draft of the code of practice was circulated to stakeholders in March.
The second element requires the establishment of a panel of adjudicators and a chair of that panel to be appointed. The chair of the panel will appoint an adjudicator where parties to a payment dispute (that has been referred to adjudication under the Act) fail to agree on an adjudicator between them.
Officials in my department are working on the details of the structure for the panel, its set up and operation and this will shortly be circulated to stakeholders for consultation. Once this process is concluded, applications for the panel will be advertised and when the appointment process to the panel is complete the Act will be commenced.
54. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will review all budgets to see if funding can be found to fix the pier at An Blascaod Mór, County Kerry, in view of the large number of visitors to the island annually; and if he will make a statement on the matter. [24930/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that last February's storms caused damage to a section of the landing slip on the Island. Following technical assessment by both Kerry County Council and the Commissioners proposals are being finalised to carry-out necessary repair work. Funding has been sought from a number of sources with a view to executing the works in the near future.
55. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the projects approved this year by his Department for coastal protection and flood defences in County Galway; the location of each project; the amount allocated to it; and if he will make a statement on the matter. [24933/14]
Amharc ar fhreagra56. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the allocation of €930,000 for expenditure on coastal protection and flood defences on off shore islands; the projects being funded; the island in question; the amount allocated; and if he will make a statement on the matter. [24934/14]
Amharc ar fhreagraI propose to take Questions Nos. 55 and 56 together.
I am advised by the Commissioners of Public Works that the coastal protection and coastal flood defence works arising from storm damage in County Galway that have been approved for funding by the OPW in line with the Government decision of 11 February 2014 are shown in the following table:
Details of coastal protection and coastal flood defence works arising from storm damage on off-shore islands that the OPW has approved for funding this year to all local authorities are shown in the following table.
* In the reply to Question 23647 of 4th June, 2014, the total sum allocated was incorrectly given as €930,000 due to the inadvertent omission of the project for Killeany Road, Inis Mor, Co. Galway.
57. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform his views on correspondence (details supplied) regarding access for disabled persons; and if he will make a statement on the matter. [24938/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that a programme of works to improve accessibility for persons with disabilities has been carried out at Derrynane House, Caherdaniel, Co. Kerry.
A new lift and stairs have been provided internally and a ramp has been installed at first floor level which accommodates the change in level between the two parts of the house. The upper floors can be visited for the first time by less able visitors.
A new fully accessible toilet has also been provided with enlarged cubicles which are accessible for a range of people including parents with children. Induction loops for the hard of hearing have been installed at the reception and in the AV room, and proposed signage will also enhance the accessibility to both the house and its collections.
Externally, two new designated parking spaces have been provided adjacent to the tea room courtyard and there is level access across the gravel courtyard from these spaces into the house, the coach house, the tea rooms, and the AV rooms. While there are steps in the perimeter path around the courtyard, it would not have been practical to ramp the path at these locations as the gradient required to be compliant with regulations would have resulted in lengths of ramps that would have blocked access to a number of existing doorways.
The access route across the new gravel courtyard has been formed in a special product called NIDA gravel, where the gravel is installed in a special polypropylene honeycomb structure which holds it in place. This produces a stable surface that will not rut, spread or migrate and is suitable for wheeled equipment and wheel chair access.
These works are new and compaction and settlement of the gravel is ongoing. The Commissioners are aware of recent comments regarding the surface and are continuing to monitor it and they are willing to discuss the matter directly.
58. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the options open to a public servant when they are ordered to carry out a direction that they know is morally and ethically wrong; and if he will make a statement on the matter. [24968/14]
Amharc ar fhreagraThe Standards in Public Office Act 2001 provides for the adoption of codes of conduct, which would set down the standards of conduct and integrity to be followed by public servants and public representatives in the performance of their functions. To date, codes have been published under the Ethics Acts for office holders, TDs, Senators, civil servants, and under the Local Government Acts for members and staff of Local Authorities.
The Civil Service Code of Standards and Behaviour, drawn up in accordance with section 10 of the Standards in Public Office Act 2001, for example, provides a duty on civil servants to work within a framework of law. It provides in particular that they must never act in a manner which they know, or suspect, is illegal, improper, or unethical or for which they have no authority and they must exercise any discretion conferred by law in a bona fide manner in accordance with the intentions of the statue. Where they have doubts about the legality of a particular action which they are required to take in the course of their official duties, they are instructed to refer the matter to their superiors whose responsibility it is to issue a direction on the matter, following legal advice where necessary.
Similar obligations and requirements apply to public servants generally including, for example, under various sectoral codes that are in place.
59. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the maximum financial assistance that can be given to any one enterprise at any one time by the local enterprise offices; and if he will make a statement on the matter. [24809/14]
Amharc ar fhreagraThe Local Enterprise Offices (LEOs) provide financial supports in the form of priming grants, business expansion grants and feasibility study grants.
The maximum priming grant or business expansion grant payable is 50% of the investment or €150,000, whichever is the lesser. Grants over €80,000 and up to €150,000 are the exception and only apply in the case of projects that clearly demonstrate a potential to graduate to Enterprise Ireland and / or to export internationally. Subject to the 50% limit, a maximum grant of €15,000 per full time job created applies in respect of any employment support granted.
The maximum feasibility / innovation grant payable for the South and East Region must not exceed 50% of the investment or €20,000, whichever is the lesser, while the maximum feasibility / innovation grant payable for the BMW Region must not exceed 60% of the investment or €20,000, whichever is the lesser.
The funding is also subject to the application of the de minimis rule in relation to the overall level of funding provided to any one company.
Under the new LEO structures, an Evaluation and Approvals Committee – comprising of a Chairperson from the local authority, a representative of Enterprise Ireland and five individuals with specific areas of business expertise (i.e., record of entrepreneurship, accountancy experience, knowledge of markets / sectors / technology, and banking / financial expertise) – will evaluate and approve all projects for grant assistance up to €40,000.
For projects in excess of €40,000, the Evaluation and Approvals Committee will evaluate such projects for grant assistance and, if endorsed by the Committee, will then recommend the projects for approval to Enterprise Ireland. All projects seeking approval in excess of a cumulative €80,000 over a three year period will also be approved by Enterprise Ireland in the same manner.
I would add that in addition to grants, the LEOs can provide other assistance such as guidance on other State financial supports, loans from Microfinance Ireland, mentoring and training for start-up and micro businesses.
60. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation the implementation process for Ireland in adopting the new general block exemption regulation; the assessment process; the effect to the grant process for the Industrial Development Agency, Science Foundation Ireland and Enterprise Ireland; and if he will make a statement on the matter. [24829/14]
Amharc ar fhreagraAs part of the State Aid Modernisation (SAM) process, the Commission recently adopted a new, expanded Group or General Block Exemption Regulation, which will come into place on 01 July. The Regulation allows Member States to bring certain State aid schemes into place without prior notification to the EU Commission, provided that they are within the parameters set out in the regulation.
The Commission estimates that 75% of current aid measures and about two thirds of total aid amounts granted by Member States could be covered by the new Regulation. This could even extend to up to 90% of all aid measures, if Member States fully utilise the Regulation.
The current regulation already allows some areas of the below categories to be block exempted. Most of these categories will now be broadened:
- Aid for climate change and for other environmental protection;
- Aid for research and development and innovation;
- Aid for the rescue and restructuring of firms in difficulty;
- Aid for small and medium-sized enterprises;
- Aid to employment;
- Training aid;
- Aid for risk capital;
- Aid for services of general economic interest.
Agreement on the revised Enabling Regulation was secured by the Competition Working Party, chaired by Ireland, in June 2013. The Enabling Regulation dictates how the Commission decides upon the scope of the types of aid that could in the future be covered by block exemptions.
The adoption of a revised Enabling Regulation allowed the Commission to exempt new categories, such as aid for local, broadband, research and energy infrastructures, innovation clusters, regional urban development funds, culture and heritage conservation, audio-visual works, sports and recreational infrastructures and aid to make good damage caused by certain natural disasters.
The revised GBER has also been simplified by the Commission, taking on board comments from Member States at multilateral meetings and through a public consultation process. The conditions required for aid measures to benefit from the exemption have been significantly clarified and simplified. This simplification of process is one of the core principles of the State Aid Modernisation process.
The scope of the GBER has been enhanced significantly and therefore the Commission has introduced improved ex-post controls. The regulation introduces a provision on evaluation by Member States of very large schemes with an average annual budget exceeding €150 million. This aims at verifying whether the conditions underlying the compatibility of an aid scheme have been complied with, whether its objectives have been realised and what impact it had on competition and trade.
Based on an analysis of recent expenditure amounts, it is anticipated that very few Irish schemes under the Industrial Development Agency, Science Foundation Ireland and Enterprise Ireland will be subject to the evaluation requirements. Aid measures will also be made more transparent, by asking Member States to publish lists of the aid beneficiaries.
It is important to note that the fact that a state aid measure is not covered by the GBER does not imply that it is incompatible with EU state aid rules; it merely means that the measure needs to be notified to the Commission for individual assessment.
61. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if he will review a decision to refuse a work permit in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24929/14]
Amharc ar fhreagraA notification of a decision to revoke the permit issued to the person named by the Deputy on 15 May 2014. In accordance with Section 16 (3) and Section 16(4) of the Employment Permits Act 2006, the decision to revoke the permit in question would not take effect until the expiry of a 28 day period following the notification of the decision to revoke. This was in order to allow either the employer or the permit holder to seek a review of the decision, as provided for under Section 17 of the same Act. Such a request has now been received in my Department and the matter is currently receiving consideration.
62. Deputy Eric Byrne asked the Minister for Social Protection if a person who has a level 4 major award can repeat another level 4 under a new scheme, (details supplied); and if she will make a statement on the matter. [24835/14]
Amharc ar fhreagraA person wishing to partake in the back to education allowance (BTEA) will have to satisfy a number of conditions such as being a certain age, in receipt of a prescribed social welfare payment for a specified time period, commencing the first year of a course, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications among others.
A number of enhancements to the BTEA were recently announced by the Department. These changes, which are now being rolled out, will support the policies outlined in the Government’s strategy Pathways to Work . The key enhancements include BTEA support for people who already hold level 5 or 6 qualifications under the National Framework of Qualification to undertake further courses of study at either of these levels to further their career development and their overall job prospects. Those who already hold a level 4 qualification are encouraged to pursue a course of study at level 5 to further their chances of accessing work opportunities. If the Deputy provides further details to the Department of the case he has in mind, it can be examined.
The Department is providing income support under the BTEA to nearly 25,000 jobseekers at various levels of education for the academic year 2013/14 and plans to maintain this level of support for the 2014/15 academic year.
63. Deputy Brendan Griffin asked the Minister for Social Protection if she will increase the living alone allowance for pensioners in view of the huge financial pressure of running a household on one income; and if she will make a statement on the matter. [24825/14]
Amharc ar fhreagraThe Living Alone Allowance (LAA) was introduced from October 1977, and is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments, including State pensions, and who are living alone. It is also available to people who are less than 66 years of age, living alone and in receipt of disability allowance , invalidity pension, incapacity supplement or blind pension.
The most recent Survey on Income and Living Conditions (SILC) data from 2012 shows that the various poverty indicators demonstrate no significant difference in outcomes for those over 65 living alone, and those over 65 who live with another adult. The “at risk of poverty rate” for households aged over 65 with one adult was 12.9%. For households with two adults it was 13%. Similarly, the consistent poverty rate for households aged over 65 with one adult was 3.1% and for two adults it was 2.9%.
As the Deputy will be aware, I am not in a position to pre-empt the outcome of discussions regarding Budget 2015. The appropriate rate of welfare payments in 2015, including the weekly rate of the living alone allowance, will be considered later this year. In this regard, each €1 increase in the living alone allowance would cost €9.4milllion in a full year.
64. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a carer's allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [24844/14]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 16th April 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
In the meantime the additional evidence provided by the Deputy has been referred to the Deciding Officer for their consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
66. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a carer's allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [24854/14]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 19th May 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
In the meantime the additional evidence provided by the Deputy has been referred to the Deciding Officer for their consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
68. Deputy Róisín Shortall asked the Minister for Social Protection the reason for the delay in finalising a child benefit appeal in respect of a person (details supplied) in County Cavan; and when a decision will be reached on this matter [24876/14]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on the 31st March 2014 and that the Appeals Officer was considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing.
In the meantime, the wife of the person concerned phoned the Appeals Office on the 6th May 2014 and advised that she was sending in further documentation to support her husband’s appeal. I have been advised that this documentation has been received and is being considered by the Appeals Officer. The person concerned will be notified of the Appeals Officer’s decision as soon as the appeal has been determined.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
69. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will arrange for the immediate restoration of rent support in the case of a person (details supplied) in Dublin 6; and if she will make a statement on the matter. [24890/14]
Amharc ar fhreagraPayments of Rent Supplement to the person concerned were re-instated following the previous suspension, as the Deputy contacted the Rents Unit on 9th May 2014 to assure them that the person concerned had lodged an application with Dublin City Council for a Housing Needs Assessment, and that it was being processed. The Rents Unit wrote to the person concerned to advise him that evidence of this application should be provided to the Department by 31st May 2014. As the Rents Unit had received no contact from the person concerned by this date, his payment was again suspended from 2nd June 2014.
Following enquiries by an officer of this Department to Dublin City Council, it has now been confirmed that an application for a Housing Needs Assessment from the person concerned was eventually lodged on 26th May 2014. The Council also confirmed that documentary evidence of this had been provided to the person concerned to enable his Rent Supplement payments to continue; however he did not furnish this evidence to the Rents Unit. On this basis, payments of Rent Supplement to the person concerned have now been re-instated.
70. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an oral hearing for farm assist in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [24900/14]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on the 6th June 2014 who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Appeals Officer will be advised that the person concerned has requested an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
