Written Answers Nos. 335-351
335. Deputy Seamus Kirk asked the Minister for Public Expenditure and Reform his plans to overhaul the procurement legislation in order to provide small and medium enterprises with a better chance to compete on tenders; and if he will make a statement on the matter. [20428/15]
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, geographic location or organisational size, and there are legal remedies which may be used against any public body infringing these rules.
I would point out that the reform of public procurement in Ireland is being carried out in a manner that recognises the clear importance of small and medium-sized enterprises in this country's economic recovery. The recently published report by the Office of Government Procurement (OGP) "Public Service Spend and Tendering Analysis for 2013" showed that 93% of public service procurement expenditure was with businesses in the Republic of Ireland. This was based on an analysis of €2.742 billion expenditure across 64 large public service bodies involving over 35,000 suppliers.
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 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:
- except in justified cases, turnover requirements will be explicitly limited to two times the estimated contract value.
- acceptance of self-declarations for evaluating the capacity and capability until the award stage
- the promotion of e-procurement with mandatory electronic availability of procurement documents;
- contracting authorities to comply or explain in relation to the division of contracts into lots;
- Member States 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 would also point out that the Office of Government Procurement (OGP), which falls under the remit of my Department, has accelerated some of these key measures in Circular 10/14 which issued in April 2014 including the requirements to tender in an open and transparent process on-line, reductions in bidder's turnover requirements, proportional and reasonable insurance requirements, and breaking larger contracts down into lots.
In addition the OGP is working with industry representative bodies to promote the engagement of Irish business in public procurement (including ISME, IBEC, SFA, Chambers Ireland, and CIF) as well as the Department of Jobs, Enterprise and Innovation, InterTrade Ireland, and Enterprise Ireland. Last year, for example, the OGP supported two "Meet the Buyer" events in Belfast and Dublin which were attended by over 1,100 suppliers. The OGP also supported the 'Go 2 Tender' programme run by InterTrade Ireland which was attended by approximately 400 SMEs.
The OGP will continue to work on behalf of Government with industry to ensure that winning public procurement contracts is done in a fair, transparent and accessible way and to ensure that Government procurement policies are business friendly.
336. 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 plan to take between now and the end of 2015; if he will provide details of whom he and the Ministers of State in his Department will be meeting on these trips; the purpose of these trips; the duration of these trips; his 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. [20445/15]
Amharc ar fhreagraIn response to the Deputy's question the following tables provide details of all the official trips that I and the Minister for State Simon Harris T.D., intend to take between now and the end of the year.
Minister for Public Expenditure and Reform, Mr. Brendan Howlin T.D.
|
Date |
Details of people the Minister will be meeting |
Purpose |
Duration |
Plans to promote Ireland as a good place for doing business and as destination for foreign direct investment |
|
June 2015 |
Latvia Presidency of the Council of Ministers. Meeting with Regional Policy Commissioner Corina Cretu. |
Informal meeting of Ministers responsible for EU cohesion policy. Opportunity to discuss the 2014-2020 programming period now that all the Partnership agreements and majority of operational programmes have been adopted. |
Riga (2 days) |
|
|
June 2015 |
Itineraries are still formative |
Accompanying the President to Italy including a visit to the Milan Expo |
Milan (2 days) |
Number of engagements with Bord Bia and the OPW to showcase Irish produce and design |
Minister for State, Mr. Simon Harris T.D.
|
Date |
Details of people the Minister will be meeting |
Purpose |
Location & duration |
Plans to promote Ireland as a good place for doing business and as destination for foreign direct investment |
|
8-10 June 2015 |
IDA and EI clients, IFS stakeholders and practitioners. Itineraries are still formative. |
EI & IDA business |
Brussels & Frankfurt (2 days) |
Promotion of International Financial Services and advancement of IFS2020 Strategy |
|
9 Sept 2015 |
IDA and EI clients, IFS stakeholders and practitioners. Itineraries are still formative. |
EI & IDA business |
Frankfurt (1 day) |
Promotion of International Financial Services and advancement of IFS2020 Strategy goals |
|
14 Sept 2015 |
IDA and EI clients, IFS stakeholders and practitioners. Itineraries are still formative. |
EI & IDA business |
Boston (4 days) |
Promotion of International Financial Services and advancement of IFS2020 Strategy goals |
|
6 Nov 2015 |
IDA and EI clients, IFS stakeholders and practitioners. Itineraries are still formative. |
EI & IDA business |
London (1-2 days) |
EI Financial Services Embassy Dinner |
|
13 Nov 2015 |
Ecofin Reps |
Ecofin Budget Council |
Brussels (1 day) |
n/a |
337. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the position regarding Dunbeg Fort (details supplied) in County Kerry; and if he will make a statement on the matter. [20469/15]
Amharc ar fhreagraAn assessment of Dunbeg was carried out recently. There has been a significant loss to the Monument and it is obvious that a substantial portion of what remains is under threat. Heavy erosion to the cliff face has undermined the ground on which the fort stands. While consideration has been given to underpinning the Fort, as suggested by the Deputy, the success of such a measure is very doubtful. The fort is already standing on a very unstable foundation.
Despite this however, it is hoped that visitor access to the fort can be safely facilitated for years to come and efforts at Dunbeg are being directed towards the issue of public safety. Re-fencing of the site has been completed, the site has re-opened and at present, it is considered safe for visitors in the absence of any further deterioration. OPW personnel will monitor the site into the future.
In addition, the path has been realigned to the historic entrance and eroded ground has been repaired. A new information plaque has also been erected at the Fort.
338. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform if he will provide figures for the expenditure carry-over from budget 2015. [20550/15]
Amharc ar fhreagraBudget 2015 marked a welcome point in our fiscal recovery with overall reductions in expenditure no longer required to meet our fiscal targets. Targeted increases were provided in areas of priority - particularly social housing, some welfare supports and Education.
The Government's recent Spring Economic Statement outlined that our estimate of the fiscal space for Budget 2016 is of the order of €1.2 billion to €1.5 billion. This would allow Government to target increasing gross voted expenditure by €600 million to €750 million in 2016 relative to 2015 spend. This provides Government with the scope to manage any additional impact of previous Budgets, deal with underlying demographic and spending pressures, and target enhancements in key public services. The expenditure ceilings set out in Comprehensive Expenditure Report 2015-2017 already reflect certain expenditure needs including demographics in Health, Education and Social Protection.
Separate to this, Departments are able to avail of a capital carryover facility which allows them to carry over a portion of any unspent capital into the next financial year. This facility has been in place since 2004 and the actual amount that can be carried over is subject to Dáil approval. The amount to be carried over from 2014 to 2015 is €79 million. It can be expected that this facility will be available in respect of capital carryover from 2015 to 2016, with the amount involved dependent on the level of unspent voted capital expenditure relative to the 2015 Departmental capital allocations.
339. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will provide in tabular form, the number of public sector workers in receipt of an annual gross salary in the pay brackets €0 to €10,000; €10,001 to €20,000; €20,001 to €25,000; €25,001 to €30,000; €30,001 to €35,000; €35,001 to €40,000; €40,001 to €45,000; €45,001 to €50,000; €50,001 to €55,000; €55,001 to €60,000; €60,001 to €65,000; €65,001 to €70,000; €70,001 to €80,000; €80,001 to €90,000; €90,001 to €100,000; €100,001 to €125,000; €125,001 to €150,000; €150,000 to €200,000; €201,000 to €250,000; €250,001 to €300,000; and in excess of €300,000. [20621/15]
Amharc ar fhreagraThe nearest data currently available within the Department to that sought by the Deputy is the estimated breakdown of employee numbers on a whole time equivalent basis (based on a whole time equivalent figure of 288,700) by salary range within the public service at end September 2014 and is set out in Table below.
|
30-Sep-14 |
|
|
Salary Range € |
Whole Time Equivalent (WTE)* |
|
0 - 25,000 |
18,900 |
|
25,000 - 30,000 |
22,200 |
|
30,000 - 35,000 |
38,900 |
|
35,000 - 40,000 |
37,300 |
|
40,000 - 45,000 |
47,700 |
|
45,000 - 50,000 |
26,600 |
|
50,000 - 55,000 |
21,200 |
|
55,000 - 60,000 |
22,500 |
|
60,000 - 65,000 |
14,800 |
|
65,000 - 70,000 |
10,300 |
|
70,000 - 80,000 |
16,000 |
|
80,000 - 90,000 |
5,100 |
|
90,000 - 100,000 |
2,300 |
|
100,000 - 125,000 |
1,600 |
|
125,000 to 150,000 |
1,300 |
|
150,000 + |
2,000 |
|
Total |
288,700 |
* The Figures are rounded to nearest 100 and relate to the number of public servants, expressed as whole-time equivalents. These figures include employees who work part-time or avail of worksharing.
The Deputy will be aware that in June 2011 the Government introduced a general pay ceiling of €200,000 for future appointments to higher positions across the public service and a general pay ceiling of €250,000 for future appointments to CEO posts within Commercial State Companies.
340. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 157 of 19 May 2015, if he will provide the requested costing, as he has provided for in Parliamentary Questions Nos. 154 and 155 of 19 May 2015. [20624/15]
Amharc ar fhreagraI refer the Deputy to my previous response to Parliamentary Question No. 157 of 19 May 2015. The position remains unchanged.
341. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the position regarding works to be carried out on the Coast Guard station at Waterville, County Kerry; if he will provide a timeframe for these works; and if he will make a statement on the matter. [20797/15]
Amharc ar fhreagraTenders for the refurbishment works at the existing terraced Coast Guard cottages are due to issue shortly.
342. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he will provide details of all publicly owned buildings in Dublin that are currently lying idle, and a breakdown of their location by postcode. [20802/15]
Amharc ar fhreagraThe Commissioners of Public Works, on behalf of the State, manage a large and diverse property portfolio which ranges from office accommodation to heritage properties, visitors centres, Garda stations, among others. Within this portfolio, there are a number of vacant properties. The majority of those properties currently vacant are former Garda stations, customs posts, former coastguard stations and sundry other properties located throughout the country.
There is a need to strategically retain certain properties in a number of key locations for development or which will be of greater value and generate more income for the State when the market recovers.
When retaining properties, the OPW continues to explore uses for them through State bodies and local authorities, in addition to considering community use.
The OPW is continually engaged in identifying properties suitable for alternative State use, for example their potential for use as social housing, or other uses that may either generate an income, reduce repair/maintenance costs to the Exchequer or facilitate accommodation or strategic development solutions, in consultation with other State bodies.
In Dublin, the Commissioners of Public Works hold the following properties that have not been identified for State use and are currently vacant.
|
Location of Property |
Status |
|
17 Harcourt Terrace, Dublin 2 |
Identifed for Disposal on the open market |
|
91A Lower George St, Dún Laoghaire, Co Dublin |
Vacant |
|
Green Street, Dublin 7 (Former Debtors Prison) |
Vacant |
The OPW is assessing options in relation to the future use or disposal of these properties.
343. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding a Public Appointments Service questionnaire; and if he will make a statement on the matter. [20815/15]
Amharc ar fhreagraIn my previous reply in relation to this matter I advised the Deputy that the Public Appointments Service (PAS) is committed to an equal opportunities policy. In accordance with the Employment Equality Acts (1998 to 2011) PAS aims to ensure that all applicants are treated equally.
A key element of PAS's ongoing commitment to equality is the monitoring it carries out of its selection processes in order to ensure that its equal opportunities policy is effectively implemented. The questionnaire referred to in the Deputy's questions is an equality monitoring questionnaire which candidates are invited to complete. It is important to emphasise that candidates are informed that completion of this questionnaire is completely voluntary, and that the purpose of gathering the information is to ensure that the selection techniques used by PAS are fair to all and that no group is inadvertently discriminated against in the selection process.
It is also important to stress the point that neither the manner in which candidates respond to this questionnaire, nor the answers that they may provide has any bearing on the manner in which their application is considered. The information is held by the PAS in a secure data base and is used to produce data in an anonymous statistical format only.
Therefore, I remain satisfied that PAS is complying both with its legal obligations and with best practice in inviting candidates to complete the questionnaire on a voluntary basis.
344. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform if he will provide an update from the Office of Public Works in relation to the coastal erosion minor works application from Sligo County Council, which the Office of Public Works would have received recently; and if he will make a statement on the matter. [20865/15]
Amharc ar fhreagraThe Office of Public Works recently received an application from Sligo County Council under the Minor Flood Mitigation Works and Coastal Protection Scheme for funding to undertake a study in relation to coastal flood and erosion risk management at Rosses Point, County Sligo.
This application is currently being assessed and a response will issue to the Council shortly.
345. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if legislation will be introduced in relation to gift cards (details supplied); and if he will make a statement on the matter. [20408/15]
Amharc ar fhreagraYesterday I launched for public consultation my Department’s Scheme of a proposed Consumer Rights Bill. Among other provisions, the Scheme provides that contracts for the supply of a gift card or voucher must not include a term that makes the card or voucher subject to an expiry date. While this and other provisions of the Scheme are only proposals at this stage, I am conscious of the consumer detriment that can result from the application of expiry dates to gift cards. I will, however, consider carefully all responses to the consultation, including proposals for additional protections for consumers in respect of gift cards and vouchers, before finalising legislative proposals for submission to Government.
The current terms and conditions of the particular gift card product referred to in the Deputy’s question suggest that this card no longer includes an expiry date but remains valid as long as there is a balance on the card. A monthly inactive balance charge applies, however, from twelve months after the issue of the card. The Scheme of the proposed Bill provides that this charge should be assessable for fairness under the provisions on unfair terms in consumer contracts and must be disclosed to the consumer before he or she is bound by the gift voucher contract.
Gift card products of the kind referred to in the Deputy’s question come within the scope of the European Communities (Electronic Money) Regulations 2011 (S.I. No. 183/2011) enacted by the Minister for Finance and enforced by the Central Bank. These Regulations deal with the taking up, pursuit, and prudential supervision of electronic money institutions and the issuance and redeemability of electronic money. Questions relating to the funds of gift card schemes within the scope of the Regulations are a matter accordingly for the Minister for Finance.
346. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding the Industrial Relations (Amendment) Bill currently being drafted; and if he will make a statement on the matter. [20506/15]
Amharc ar fhreagraThe Industrial Relations (Amendment) Bill 2015 was published on 14 May 2015. Provisions in relation to collective bargaining are contained in Part 3 of the Bill.
When enacted, the legislation will put in place the legislative amendments to the Industrial Relations Acts 2001 and 2004 required to give effect to the Programme for Government commitment to reform the current law on employees' right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001, so as to ensure compliance by the State with recent judgments of the European Court of Human Rights (ECHR).
It will provide a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.
It will ensure that such workers, aided by a trade union, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court based on comparisons with similar companies. It provides definitions of key terms as well as guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer, and policies and principles for the Labour Court to follow when assessing the comparability of the remuneration and conditions in dispute.
The Government is conscious that workers in some employments may feel exposed in seeking to improve terms and conditions and that making themselves known may have unwanted consequences. With this in mind the legislation will bring in significant protection against such victimisation. This will be done by way of interim relief in the Circuit Court in circumstances where a dismissal is challenged by a worker who believes that he or she was victimised as a result of their participation in the processes of the Act being invoked.
Provisions are included to ensure the Act is used appropriately and not abused in any way. There are provisions to ensure cases dealt with are ones where the numbers of workers are not insignificant; provisions to ensure elements of remuneration and conditions of employment are not challenged without regard for the totality of remuneration and conditions of employment; provisions to manage the frequency of reassessment of the same issues.
In reaching this position, worker and employer stakeholders have played a critical role in assisting Government developing this clear and workable framework and I wish to acknowledge the significant contributions of the representatives of both sides of industry in this regard.
This new legislative framework will fit Ireland’s constitutional, social and economic traditions and its international obligations, and, very importantly, will ensure continued success in creating jobs and attracting investment into the economy.
347. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the procedure to be followed in obtaining a reactivation employment permit in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [19822/15]
Amharc ar fhreagraI understand that the person named by the Deputy previously held three spousal dependent permits that were current between 15 April 2008 and 21 July 2010 and is seeking a Reactivation Employment Permit. Reactivation Employment Permits are designed for situations where a foreign national entered the State on a valid Employment Permit but has fallen out of the system through no fault of their own or who has been badly treated or exploited in the workplace, to work legally again. Certain criteria apply in the consideration of Reactivation Employment Permits and specific information in this regard is available at the following link:http://www.djei.ie/labour/workpermits/reactivationep.htm.
As a first step those seeking reactivation permits must apply to the Irish Naturalisation and Immigration Service and make an application for permission to be in the State for the purpose of making an application under this employment permit scheme. If they are granted a temporary Stamp 1 and receive a “Reactivation Employment Permit” letter from the Department of Justice and Equality, they may apply to my Department for a Reactivation Employment Permit, using the specified application forms.
348. Deputy Seán Conlan asked the Minister for Jobs, Enterprise and Innovation the steps IDA Ireland has taken thus far to source and secure a new employer for a facility (details supplied) in County Monaghan; the outcome of this; and if he will make a statement on the matter. [20013/15]
Amharc ar fhreagraThis closure, which was postponed until 29th May, is very much regretted. I travelled to Carrickmacross to discuss the issue with some of the workforce there after the announcement, and I am very conscious of the need to pursue replacement jobs in the area.
I established an interagency group to co-ordinate the response from the state in terms of awareness of entitlements and opportunities for the affected staff of the company and to pursue a replacement investor. This group is chaired by Enterprise Ireland and includes representatives from IDA Ireland, the Local Enterprise Office, the Education and Training Boards from Cavan/Monaghan and Louth/Meath, and the Department of Social Protection.
The Department of Social Protection has been very active in terms of meeting the staff in relation to that Department’s services, and the Educational Training Board are pursuing relevant courses and training.
I have asked the Enterprise Agencies to redouble their efforts to drive job creation and utilise the skillset of the employees affected by this announcement, to find alternative employment. I can assure you that IDA will continue to highlight the strengths of the Border and North East regions to potential investors, and Enterprise Ireland will continue to seek to develop expansion projects by Irish companies in the area. However no specific project has yet emerged.
The existing factory is not owned by the company, but has been leased from a private owner. IDA is in discussions with relevant parties to explore what will be involved in ensuring that the facility can be available for a new investor.
349. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will provide details of all official foreign trips he and Ministers of State in his Department plan to take between now and the end of 2015; if he will provide details of whom he and the Ministers of State in his Department will be meeting on these trips; the purpose of these trips; the duration of these trips; his 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. [20443/15]
Amharc ar fhreagraSo far in 2015, Ministers of State in my Department and I have undertaken trade and investment missions to the Gulf Region, India, France, Sweden, Denmark, Slovakia, Poland and the Czech Republic. In the course of these missions, we have met with executives and representatives from a wide range of business sectors, bodies and organisations and also with Government Ministers and officials from Ministries in the countries visited. All of these missions which are supported by Enterprise Ireland and IDA, and with participation by other development agencies as appropriate, are specifically focussed on both promoting Ireland as a location for investment and promoting exports from Ireland. For the rest of 2015 it is planned to have trade and investment missions to the USA, China, India, Germany and the Netherlands.
Travel to Brussels and other EU locations for the purposes of attending EU Council meetings and other events is also a regular requirement.
350. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding saving jobs at a factory (details supplied) in Dublin 5; and if he will make a statement on the matter. [20507/15]
Amharc ar fhreagraImmediately after the announcement by the company concerned, I established an inter-agency group to coordinate the response to the proposed job losses.
The group, chaired by Enterprise Ireland, will seek to secure alternative employment for the area affected and ensure that departing workers have access to supports they need from State agencies for retraining, access to social welfare supports, access to advice on employment rights and access to advice and support for those workers who intend to start their own businesses. The group includes Local Enterprise Offices, IDA Ireland, Solas, Education and Training Boards, Department of Social Protection, MABS and the Citizens Information Bureau.
The inter-agency group made it clear that it stood ready to meet unions and staff representatives at any stage. I understand that Enterprise Ireland is meeting with employee representatives this week to discuss in general terms the approach of the agency to supporting restructuring, job protection and job creation.
Enterprise Ireland has had meetings with the company’s management on a weekly basis since the announcement of the proposed job losses, and has been in contact with the company on a continuous basis regarding the assistance it could provide for restructuring to minimise job losses. I have also had discussions with Mondelez at senior executive level and the company has committed clearly to me that it will invest in its operation here with the aim of achieving best in class production process.
The Company and its workers and the union who represent them are engaged in discussions in the company's restructuring proposals.
Enterprise Ireland have met with representatives of the workers. Enterprise Ireland provided further information to the worker's representatives that may be helpful in formulating their counter proposal to the company. Officials in Enterprise Ireland have also met with Irish management and asked them to give serious consideration to the proposals being put forward by the workers.
The Labour Relations Commission is available, if required, to assist the parties concerned. I know that in similar situations in the past, the parties have facilitated access to commercially sensitive information. It is a matter for the parties in each dispute to decide however.
Ireland’s body of employment rights legislation protects all persons legally employed in Ireland on an employer-employee basis. Persons working under a contract of employment, on a full-time or part-time basis, have the same protection under law.
The National Employment Rights Authority (NERA) is mandated to secure compliance with employment rights legislation. NERA’s Workplace Relations Customer Service Section provides information in relation to employment, equality and industrial relations rights and obligations and how to obtain redress where appropriate.
Workplace Relations Customer Services staff are available to meet the Cadbury workforce to provide information and answer any questions they may have with regard to their present situation.
351. Deputy Dominic Hannigan asked the Minister for Jobs, Enterprise and Innovation his plans to review the operation of gift cards to ensure that they last longer than two years; and if he will make a statement on the matter. [20514/15]
Amharc ar fhreagraYesterday I launched for public consultation my Department’s Scheme of a proposed Consumer Rights Bill. Among other provisions, the Scheme provides that contracts for the supply of a gift card or voucher must not include a term that makes the card or voucher subject to an expiry date. While this and other provisions of the Scheme are only proposals at this stage, I am conscious of the consumer detriment that can result from the application of expiry dates to gift cards. I will, however, consider carefully all responses to the consultation, including proposals for additional protections for consumers in respect of gift cards and vouchers, before finalising legislative proposals for submission to Government.
