Written Answers Nos. 66-74
66. Deputy Bernard J. Durkan asked the Minister for Education and Skills if Irish universities can make use of Irish-India friendship of business associations with a view to establishing third level links with India, whether located in India or Ireland, with a view to forming a basis for continued co-operation in the future; and if he will make a statement on the matter. [26555/14]
Amharc ar fhreagraMy Department has given responsibility to Enterprise Ireland to lead on development of trade and business for Education services internationally, promoting Ireland through the Education in Ireland brand. Enterprise Ireland has an office in New Delhi and a locally appointed Education Consultant/Pathfinder and delivers a series of initiatives for the Irish Education sector including trade visits, Ireland bound media visits, education fairs, on-line campaigns etc. Where relevant the agency works with networking organisations to support trade with India including the Ireland India Business Association (IIBA). Job outcomes from education are critically important for students both in Ireland and India and Organisations such as IIBA can play an important role supporting international cooperation and collaboration in the area of internships and graduate positions.
67. Deputy Sean Fleming asked the Minister for Education and Skills the cumulative total of unapproved salary top-ups currently being paid under the remit of his Department; and if he will make a statement on the matter. [27082/14]
Amharc ar fhreagraOn foot of a request from the Committee of Public Accounts, employers in the Education Sector were asked by my Department to confirm that their organisations were in compliance with public pay policy as set down by the Department of Public Expenditure and Reform.
In this context the Heads of Education Sector employers under the remit of the Department certified that no employees in their organisations were in receipt of remuneration greater than the level set down by the Minister and that all allowances paid to employees, with the exception of a small number of allowances which are in the process of being regularised, had the appropriate sanction of the Minister. Confirmation of this was reported in detail by my Department to the Committee of Public Accounts in May of this year.
68. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the changes that have been made to the rules regarding the tendering process for public contracts in order that small sole traders and small and medium enterprises are able to compete and offer tenders; and if he will make a statement on the matter. [26508/14]
Amharc ar fhreagraPublic Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the EU rules for a public body to favour or discriminate against particular candidates on grounds such as nationality, organisational size, etc. and there are legal remedies which may be used against any public body infringing these rules.
The Government acknowledges the significant role that SMEs play in the Irish economy and is committed to ensuring that SMEs are fully engaged with public sector procurement and the opportunities presenting.
In order to encourage greater SME participation the Office of Government Procurement has conducted a targeted programme of education for suppliers who wish to learn more about doing business with the Irish Public Service. This programme consists of seminars, workshops and large scale 'Meet the Buyer' events hosted nationwide. These 'Meet the Buyer' events are run in conjunction with Enterprise Ireland and Inter-Trade Ireland. To date the OGP has facilitated workshops and presented at seminars to over 4,500 SMEs nationwide. These events afforded suppliers an opportunity to meet and discuss the issues with public service buyers and provide networking opportunities for suppliers and encourage consortia-building.
My Department has also recently finished reviewing and updating existing guidelines and procedures aimed at promoting SME participation in public procurement. Circular 10/14, launched on 17 April, sets out new initiatives aimed at opening up opportunities for small businesses that want to tender for public contracts and also to ensure that engaging with government procurement is easy and low cost. The main thrust of the circular is as follows:
- buyers are advised to undertake market analysis prior to tendering in order to better understand the range of goods and services on offer, the competitive landscape, including the specific capabilities of SMEs etc.
- the circular promotes transparency in procurement by requiring supplies and general services contracts with an estimated value of €25,000 to be advertised on the Government's electronic tendering portal, e-Tenders
- it encourages suppliers including SMEs to fully use e-Tenders and avail of its facilities in relation to registration, e-tendering and automatic alerts in relation to future tendering opportunities
- buyers are encouraged not to set turnover thresholds at more than twice the estimated contract value and puts limits on insurance levels for suppliers where possible
- promotes greater use of "open" tendering and less use of "restrictive" tendering
- it encourages SMEs to consider using consortia where they are not of sufficient scale to tender in their own right or where they may lack certain capabilities necessary to provide a compelling proposition
- it encourages Contracting Authorities to break large contracts down into lots where reasonable to do so. This enables smaller businesses to compete for these smaller elements of a larger contract. This has to be done in a way however that does not expose the State to undue risk or significant management overheads.
The SME Working Group, established under the Government's Action Plan for Jobs, was consulted on the new Guidelines. The new Circular has been broadly welcomed by industry representative associations.
The SME Working Group is chaired by the Office of Government Procurement and includes representatives from ISME, IBEC, Inter Trade Ireland, Enterprise Ireland, the Competition Authority, the Small Firms Association, Chambers Ireland and the Department of Jobs, Enterprise and Innovation. The focus of this group is to develop and monitor strategies for SME access to public procurement. The group also has regard to actions aimed at maximising procurement opportunities for SME in the public sector.
At EU level there is a growing recognition of the need to promote and facilitate SME participation in public procurement. The New EU Directives on Procurement are currently being transposed into Irish law by the Office of Government Procurement. They are intended to make it easier for businesses and SMEs to tender for public sector procurement contracts. They are designed to simplify the rules and provide more flexibility for public purchasers. The directives contain measures specifically designed to improve access for SMEs and start-ups. These include:
- A limitation on requirements for participation, to avoid unjustified barriers to SME participation. In particular, except in justified cases, turnover requirements are explicitly limited to two times the estimated contract value.
- Acceptance of self-declarations will have to be accepted for evaluating the capacity and capability necessary to select them as tenderers until the award stage and the promotion of e-procurement with mandatory electronic availability of procurement documents;
- Contracting Authorities will now have to comply or explain in relation to the division of contracts into lots;
- Member states will be required to provide the Commission with detail on SME participation. Such monitoring can support consistent application across all Member States and ensure that the objective of greater SME involvement is being delivered.
I am pleased to advise that my Department has accelerated some of the key measures contained within these new Directives and included them in the recent Circular 10/14 as set out above.
The reform of public procurement across the public service is on-going and will continue to provide opportunities to the SME sector to win business. The Office of Government Procurement will continue to work with industry to ensure that winning government business is done in a fair, transparent and accessible way and to ensure that government procurement policies are business friendly.
69. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform when the next meeting will take place between officials from the Office of Public Works and the Lough Mask Heritage Committee; the reason for the delay with this meeting; and if he will make a statement on the matter. [26453/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that they have not received a request for a meeting with the Lough Mask Heritage Group. Work has been continuing in relation to the development of certain proposals relative to the Moran's Mill, Ballinrobe Conservation project which were agreed with the Lough Mask Group prior to Christmas 2013 without delay.
Arrangements will be advanced shortly to hold a meeting of the stakeholder participants in the Ballinrobe project (Lough Mask Heritage Group, OPW, Fáilte Ireland and Mayo Co. Council) to address any issues arising.
70. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the cumulative total of unapproved salary top-ups currently being paid by his Department, or bodies under the remit of his Department; and if he will make a statement on the matter. [26493/14]
Amharc ar fhreagraIn response to the Deputy's question I can confirm that no unapproved salary top-ups are currently being paid by my Department, or bodies under the remit of my Department.
71. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the changes made by this Government to date regarding public sector reform; the planned changes for the remainder of the Government; and if he will make a statement on the matter. [26507/14]
Amharc ar fhreagraSince this Government took office in 2011, sustainable and far reaching Public Service Reform has been a key element of our strategy to meet the significant challenges that have faced the country. Our commitment to reform was highlighted at the outset by the creation of a new Department of Public Expenditure and Reform.
The Government published its first Public Service Reform Plan in November 2011. A Progress Report on that Reform Plan was published in September 2012 and a second Progress Report was published in January this year. These reports outline details of the significant progress that has been made to date on the delivery of reform.
While implementing reform at a time of increased demands on public services, we have reduced staff numbers by around 32,000 or 10% since 2008. The Public Service Exchequer Pay Bill was reduced from €17.5 billion in 2009 to €14.1 billion in 2013, net of the pension related deduction. New working arrangements have been introduced, including longer working hours, new rosters, and standardised arrangements for annual leave and sick leave. We have also made strong progress on the online delivery of services, shared services and public procurement, as set out in the Progress Reports referenced above.
The Haddington Road Agreement, which came into effect on 1 July, 2013, is a key enabler of the reform programme and will deliver an additional €1 billion reduction in the cost of the Public Service Pay and Pensions Bill by 2016. The Agreement also provides for a total of 15 million additional working hours annually across all sectors of the Public Service.
In January this year, I published the Government's new Public Service Reform Plan for 2014 to 2016. The key objective of the new Reform Plan is to improve service delivery and achieve better outcomes for service users. The areas addressed in the Plan include increased use of technology and improved engagement with service users; greater use of shared services and innovative approaches to service delivery; more efficient and effective public procurement and property management; increased accountability and transparency in public decision making; and a continued focus on building the required capacity and capability to deliver reform and service improvements.
The new Reform Plan and both Progress Reports on the original Reform Plan are available on my Department's website at www.per.gov.ie/public-service-reform/.
72. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the changes his Department has made since 2011 to the freedom of information legislation, including the changes made to publicly funded semi-State companies; and if he will make a statement on the matter. [26509/14]
Amharc ar fhreagraThe Freedom of Information Bill 2013 which passed Committee Stage in the Dáil last November and is scheduled for Report Stage on 16 and 17 July reflects the outcome of a detailed and comprehensive review of Ireland's FOI legislation. In overall terms the Bill comprises a substantial updating and modernisation of FOI legislation based on international best practice, it extends FOI to all public bodies, consolidates FOI law into a single Bill as well as restoring the main amendments to FOI introduced in 2003 which in significant respects restricted and curtailed the scope of Ireland's FOI regime.
In terms of publicly funded semi-Sate companies, a key feature of the new FOI legislation is that FOI will now apply to all non-commercial state bodies. As a result, FOI will apply to at least another 70 public bodies. As far as commercial state bodies are concerned, as I have highlighted on a number of occasions in the course of the passage to date of the FOI Bill through the Oireachtas, I believe that there are other important considerations that should inform and guide the approach taken in finalising the FOI legislation. The Government's assessment is that, in general, and consistent with the approach adopted since FOI first came into effect in 1998 commercial state bodies should not be subject to FOI requirements. The rationale for this approach is the risk of the uneven competitive market environment that would be created in circumstances that commercial state bodies operating in a competitive market were subject to FOI but their privately-owned market competitors were not. This would be expected to have an adverse impact on the commercial position of the state body in question, which would not be in the public interest or consistent with the need to safeguard the State's economic and financial interests. Moreover, as I have indicated previously, very significant information is available on the activities of these commercial companies reflecting their obligations under company law, the information they provide to Government Departments and relevant sectoral regulators which is available for release under FOI or otherwise.
Notwithstanding the above, the Government has decided that, as a State company operating in a monopoly market, Irish Rail should be subject to FOI. I made provision for that change by way of a Committee Stage amendment to the Bill in the Dáil in November. The Deputy will also recall that Irish Water has been made subject to FOI with effect from March 2014 under the Freedom of Information Act 1997 (by way of S.I. No. 140 Freedom of Information Act, 1997 (Prescribed Bodies) Regulations 2014). Irish Water will continue to be subject to FOI under the new legislation. Records dating back to July 2013, the date of the establishment of Irish Water, are available under FOI. Furthermore where a commercial state body provides a service under a contract to a public body subject to FOI, the records relating to that service will now be subject to FOI, following enactment of the new FOI legislation. The case for extending the application of this principle to other commercial state bodies in a monopoly position will be considered in the context of Report Stage for the Bill.
The Deputy may also wish to note the following features of the new legislation:
- Extension of FOI to all public bodies as a default with limited exceptions as set out in the Bill bringing long-established high profile exclusions from FOI within remit; and to significantly funded bodies to enhance accountability of such bodies;
- Reversal of restrictions to Government records including the very wide definition of Government introduced in 2003, restoration of the strict definition of what constitutes a Cabinet record, communications between members of Government will no longer be exempt from FOI and restoration to the original five years of the ten-year prohibition on the release of Cabinet records;
- provision for some liberalisation of the mandatory 'class' exemption put in place in 2003 in relation to diplomatic communications and defence matters;
- Requirement by public bodies to prepare and furnish publication schemes to promote the proactive publication of information outside of FOI with the publication schemes encompassing at a minimum the requirements of the current sections 15 and 16 of the 1997 Act;
- Provision of a number of key principles to guide public bodies in the performance of their functions under the Act to achieve greater openness and strengthen accountability;
- Extensions of the functions/powers of the Information Commissioner, provisions to ensure that FOI requests relating to information held electronically are dealt with effectively;
- Confirmation that there is a general right of access to records held by public bodies and in applying exemptions, the right of access should only be set aside where the exemptions very clearly support a refusal of access.
The FOI Bill will, therefore, once it is enacted by the Oireachtas very significantly strengthen the legal framework for FOI in Ireland.
73. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if an exercise is carried out by his Department on a yearly basis to record the value of saleable State assets; and if he will make a statement on the matter. [26514/14]
Amharc ar fhreagraThe Deputy will recall my announcement in February 2012 of the scope and content of the State Assets Disposal Programme that was agreed by Government. NewERA subsequently prepared financial reports, including valuations, on the assets announced in the disposal programme. As no additional State assets are under consideration for disposal at this time, no exercise of the type referred to in the Deputy's question is foreseen or intended.
However, although they do not purport to be a comprehensive financial statement of the State's assets and liabilities, the Finance Accounts prepared by the Department of Finance provide an annual statement of all of the State's shareholdings in any companies incorporated under the Companies Acts, except for companies where the shareholding is held by the National Pension Reserve Fund.
74. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform his view on whether any savings made in public sector pay in recent years are liable to end when the Haddington Road agreement expires; and if he will make a statement on the matter. [26515/14]
Amharc ar fhreagraThe Haddington Road Agreement (HRA), which came into force on 1 July 2013, included a number of measures including pay reductions for those public servants on annual salaries of €65,000 or more under the Financial Emergency Measures in the Public Interest Act, 2013. These measures provided for a reduction of the public service pay and pensions bill by €1 billion by 2016. It is a three year Agreement covering the period to end June 2016 and forms the basis for current public service pay policy over that period.
