Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Thursday, 16 Jun 2016

Written Answers Nos. 180-90

Departmental Properties

Ceisteanna (180)

Peadar Tóibín

Ceist:

180. Deputy Peadar Tóibín asked the Minister for Foreign Affairs and Trade the properties his Department and agencies under its remit leased; the number they leased on upward-only rents and the number of the lessors who were involved with the National Asset Management Agency or with any of the State banks; and the details of each lease. [16601/16]

Amharc ar fhreagra

Freagraí scríofa

All rent commitments relating to properties in the State occupied by the Department of Foreign Affairs are discharged by the Office of Public Works.

In addition, 113 properties are rented by my Department outside the State for use primarily as offices and official residences.

Rental agreements vary from country to country in accordance with local law and practice. Leases are usually for a fixed period and many include rent review clauses. Rent increases on renewal of leases are generally in line with the Consumer Price Index (CPI) of the particular country.

Rent levels abroad are reviewed each year. In addition, in the current economic climate, all our Missions are routinely instructed to explore the scope for negotiated reductions, having regard to local market conditions.

Flood Relief Schemes

Ceisteanna (181)

Michael Healy-Rae

Ceist:

181. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform his views on correspondence (details supplied) regarding a tidal bank; and if he will make a statement on the matter. [16407/16]

Amharc ar fhreagra

Freagraí scríofa

As stated by my predecessor, repair works on damaged flood defences on the River Maine Catchment Drainage Scheme are being prioritised at locations which suffered more severe damage than at Tulligbeg. Work is continuing on the preparation of environmental assessment reports which are necessary before repair works can be carried out at these priority locations.

It is not expected that repair work at Tulligbeg will be carried out before 2017.

Fiscal Policy

Ceisteanna (182)

Pearse Doherty

Ceist:

182. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he envisages changes to, and the details of previous examples of adjustments made to, European Union co-funded payments, with regard to the domestic medium-term expenditure framework, which permits revisions to ceilings, where adjustments are related to spending on cyclically related unemployment spending or European Union co-funded payments; and if he will make a statement on the matter. [16439/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the preventive arm of the Stability and Growth Pact, Ireland's fiscal policy is set in accordance with reaching the Medium Term Objective (MTO). Compliance with this requirement is assessed in two ways. Firstly, until the MTO is reached, a minimum annual improvement in the structural balance greater than 0.5 per cent of GDP is required. The second pillar for the assessment is compliance with the Expenditure Benchmark.

The expenditure aggregate used in the Expenditure Benchmark is calculated as general government expenditure excluding debt interest, cyclical unemployment benefit spending and certain spending on EU co-funded programmes. A smoothing adjustment is also applied in relation to expenditure on capital formation. The estimates of fiscal space set out in Table A.8 of the Budget 2016 book, published by the Department of Finance in October last year, are based on application of the Expenditure Benchmark and consequently factor in these adjustments to calculate the Expenditure Benchmark expenditure aggregate.

As regards revisions to the expenditure ceilings, as set out in the Expenditure Report 2016, the 2016 ceiling for the Department of Agriculture, Food and the Marine was revised. This upwards revision took account of an increased allocation for expenditure on the EU co-funded Rural Development Programme.

Stability Programme Data

Ceisteanna (183)

Pearse Doherty

Ceist:

183. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if his spending commitment of €6.75 billion includes some expenditure already committed and included in the projections in the stability programme update 2016 or if it is additional to existing commitments. [16431/16]

Amharc ar fhreagra

Freagraí scríofa

The Programme for a Partnership Government sets out a commitment to spend in aggregate at least €6.75 billion more on public services in 2021 than this year.

The fiscal forecasts in the Stability Programme Update for the period 2017 to 2021 were set out on a technical, no-policy change basis, consistent with the approach adopted in the Budget 2016 book published by the Department of Finance in October last year. These forecasts include an additional €2.6 billion for increases in voted current expenditure to accommodate certain of the key non-discretionary drivers of expenditure including: projected expenditure pressures in Health, Education and Social Protection arising from demographics; and the projected carry over impact of certain Budget 2016 measures including additional pay costs arising under the Lansdowne Road Agreement. This planned expenditure is encompassed within the commitment referred to in the Deputy's question.

Public Sector Pensions

Ceisteanna (184)

Catherine Murphy

Ceist:

184. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the changes he proposes to the provisions in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012; the timeframe involved; if and when pension abatement when taking up employment in other sections of the public service will be subject to change; and if he will make a statement on the matter. [16475/16]

Amharc ar fhreagra

Freagraí scríofa

The Public Service Pensions (Single Scheme and Other Provisions) Act 2012 sets out the rules of the Single Public Service Pension Scheme, which is the default pension scheme for new-joiner public servants since 2013. In addition, the Act contains diverse provisions which may affect the pension position of serving and retired public servants generally. These provisions include, at section 52 of the Act, the basis on which public service pensioners may have their pensions abated, where those pensioners become employed again in the public service. I have no proposals to make substantive changes to the 2012 Act, whether in respect of pension abatement or otherwise.

Flood Prevention Measures

Ceisteanna (185)

Peter Burke

Ceist:

185. Deputy Peter Burke asked the Minister for Public Expenditure and Reform if the Office of Public Works will engage with a company (details supplied) regarding cleaning, dredging and surveying of the River Shannon in conjunction with the catchment flood risk assessment and management report; and if he will make a statement on the matter. [16493/16]

Amharc ar fhreagra

Freagraí scríofa

The core strategy for addressing the significant flood risks nationally, and in the Shannon River Basin District generally, is the Office of Public Works' (OPW) Catchment Flood Risk Assessment and Management (CFRAM) Programme. There are 66 locations in the Shannon River Basin District and 300 locations nationwide that are being assessed under the Programme the purpose of which is to implement the EU Floods Directive and national flood policy.

The Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of preliminary flood risk management options and the production of flood risk management plans. The draft maps are now being finalised following the conclusion of the national statutory public consultation process on 23rd December, 2015.

Following the finalisation of the flood mapping and the identification of preliminary flood risk management options, the final output from this important project will be integrated Flood Risk Management Plans (FRMPs) containing specific measures that can address in a comprehensive and sustainable way the significant flood risks identified along the Shannon River Basin District. The Plans will include a prioritised list of measures to address flood risk in an environmentally sustainable and cost effective manner. These draft Plans will be available for public consultation from mid 2016.

The Shannon CFRAM Study involves an assessment of the flood risks within the Shannon Catchment and the identification of potentially viable measures to address the risk in these areas. Survey work along the Shannon has already been undertaken as part of the Study. The Shannon CFRAM Study does not involve physical works, such as cleaning or dredging, although these measures may be recommended for some locations in the Plans being produced by the Study.

The procurement of any contracted services to carry out works that may be recommended in the Plans would be subject to public procurement procedures.

The Government recently announced increased levels of investment in the area of flood relief as part of the overall Capital Investment Plan 2016-2021 and this investment programme will allow for consideration of measures arising from the Flood Risk Management Plans.

Low Pay Commission Establishment

Ceisteanna (186)

Seán Fleming

Ceist:

186. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform when he will establish a new pay commission and when it will report; and if he will make a statement on the matter. [16521/16]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my previous answer on this matter - Parliamentary Question No. 153 of 19 May 2016 -10976/16.

Flood Risk Assessments

Ceisteanna (187)

Brendan Griffin

Ceist:

187. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform to provide maps of the parts of Kilgarrylander classified as flood plain or at flood risk from the River Maine in County Kerry; and if he will make a statement on the matter. [16534/16]

Amharc ar fhreagra

Freagraí scríofa

The core strategy for addressing the significant flood risks nationally, and in the South West River Basin District generally, is the Office of Public Works' (OPW) Catchment Flood Risk Assessment and Management (CFRAM) Programme. There are 27 locations in the South West River Basin District and 300 locations nationwide that are being assessed under the Programme the purpose of which is to implement the EU Floods Directive and national flood policy.

Kilgarrylander lies on the northern banks of the River Maine near its estuary. The area does not form part of one the AFAs (Areas for Further Assessment) of potentially significant flood risk that the CFRAM Programme is focussing on, but does lie on a channel downstream of such an area.

As such, draft flood mapping has been produced under the CFRAM Programme for this area, although it is not to the same level of detail as that produced for AFAs. The draft flood maps for this area, which are currently being finalised, are publicly available for viewing through the South Western CFRAM Study website: http://www.southwestcframstudy.ie.

The CFRAM Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of preliminary flood risk management options and the production of flood risk management plans. The draft maps are now being finalised following the conclusion of the national statutory public consultation process on 23rd December, 2015.

Following the finalisation of the flood mapping and the identification of preliminary flood risk management options, the final output from this important project will be integrated Flood Risk Management Plans containing specific measures that can address in a comprehensive and sustainable way the significant flood risks identified. The Plans will include a prioritised list of measures to address flood risk in an environmentally sustainable and cost effective manner. The draft Plans will be available for public consultation from mid 2016.

Public Sector Staff Recruitment

Ceisteanna (188)

Clare Daly

Ceist:

188. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if he engages in a due diligence process including a review and analysis of professional conduct, competence and background prior to appointing legal advisers to public bodies including the Standards in Public Office Commission. [16558/16]

Amharc ar fhreagra

Freagraí scríofa

Legal Services: Prior to appointment to any OGP Legal Services Framework Agreement for Solicitors Services, successful Tenderers are required to demonstrate that they meet the minimum standards laid down in the competition. These standards vary depending on the nature and type of Framework Agreement being entered into.

Typically, solicitors are required to demonstrate their compliance to the following standards.

Financial & Economic Standing

Successful Tenderers are required to provide

(i) Evidence of Solvency: a letter from the firms principal auditors confirming the Tenderer is able to pay its debts, identified on the current statement of assets and liabilities as being the debts as they fall due

(ii) the tax certificate registration numbers, as they appear on the Tax Clearance Certificate, together with the tax clearance access number, to facilitate online verification of that Tenderers tax status by the Contracting Authority

(iii) evidence of the insurance required for entry to the Framework Agreement.

Suitability to Pursue Professional Activity

Successful Tenderers are required to demonstrate that they meet the conduct standards and provide evidence that none of the Solicitors proposed to provide the Services have been found guilty of misconduct pursuant to the Solicitors Act 1954 (as amended), or in the case of Solicitors from outside the Republic of Ireland, the equivalent legislation, rules or regulations, in the last five (5) years.

Tenderers are also required to confirm that all of the Solicitors proposed to provide the services hold current valid practising certificates to act as a Solicitor in Ireland issued by the Law Society of Ireland in accordance with the Solicitors Act 1954, as amended or the appropriate regulatory authority if outside the Republic of Ireland.

Quality Assurance

Successful Tenderers are required to provide copies of or evidence of the existence of the following policies and procedures.

Client Management

Policy/Procedure

Standard Form of Engagement

Anti-Money Laundering Policy & Procedure

Conflict of Interest Policy & Procedure

File Management

Policy/Procedure

Undertakings Policy & Procedure

Undertakings Register

File Review Policy & Procedure

Claims & Regulatory Management

Policy/Procedure

Compliance with Solicitors Accounts Regulations

Compliance with Law Society Investigating Accountants Report

Compliance with Regulation 5 of the Solicitors Account Regulations

Claims History Register

Notification of Claims Policy

Practice & Systems Management

Policy/Procedure

Disaster Recovery Plan

Computer, Internet and Intranet Policy

Computerised Case Management System

Email Policy

Confidentiality Policy

HR Management

Policy/Procedure

CPD Certification Register

Health & Safety Policy

Succession Planning Policy

Financial Management

Policy/Procedure

Financial Accounts

Time Recording System

WIP Review & Collections Policy

Annual Partner Statement

IT & Knowledge Management

Policy/Procedure

Data Protection Policy

IT Security Policy

IT Risk Assessment Register

Flood Relief Schemes

Ceisteanna (189)

Michael Ring

Ceist:

189. Deputy Michael Ring asked the Minister for Public Expenditure and Reform if an application by a local authority for funding under the minor flood mitigation works and coastal protection scheme would negatively affect an application to secure funding for works under the catchment flood risk assessment and management programme by the same local authority; and if he will make a statement on the matter. [16561/16]

Amharc ar fhreagra

Freagraí scríofa

All applications received under the Minor Flood Mitigation Works and Coastal Protection Scheme are assessed on a case by case basis.

In the case where an application is received that falls within an Area of Further Assessment(AFA) this will be considered having regard to the implications of the application on the preferred option emerging under the Catchment Flood Risk Assessment and Management Programme (CFRAM). That consideration will have regard to the nature and scale of the application and how closely aligned or otherwise it is with the CFRAM preferred option. An application for funding to undertake small scale works may not have any significant impacts whereas larger scale works may affect the viability of the preferred scheme for the AFA and would be unlikely to be approved for funding.

Therefore, each application will need to be considered having regard to the particular circumstance in each case.

Question No. 190 withdrawn.
Barr
Roinn