Written Answers Nos. 473-490
473. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 831 of 16 September 2016, the purpose of those flights listed as originating in and destined for Romania; and if those flights had a connection to the activation of a missile defence station in Romania by the United States in May 2016. [26979/16]
Amharc ar fhreagraThe requests for landings by the flights in question concerned airport familiarisation and aircraft refuelling. The US Embassy has confirmed that the flights in question were not connected to the activation of a missile defence station in Romania by the United States in May 2016.
The US Embassy has also re-confirmed that the flights in question were unarmed, carried no arms, ammunition or explosives and did not engage in intelligence gathering and that the flights in question did not form part of a military exercise or operation. Permission for the flights in question to land was granted subject to these conditions.
474. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to his response to Parliamentary Question No. 832 of 16 September 2016 (details supplied), which indicates that the pilots in question are engaged in a military exercise, if he will make a statement in this regard, given that it is forbidden for foreign military aircraft to engage in military exercises while here, as per his Department's own rules. [26980/16]
Amharc ar fhreagraI can confirm that all applications for US military aircraft to land in Shannon Airport in the period in question stated in each case that the flight met each of the conditions necessary, including that the flight did not form part of a military exercise.
The US Embassy also re-confirmed that the flights in question did not form part of a military operation or exercise.
475. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade if he will reject the provisional application of CETA and ensure that a full Dáil vote takes place on CETA before there are any moves to bring it into effect here, given widespread concerns about controversial provisions within CETA, including but not restricted to the investment arbitration provisions within CETA; and if he will make a statement on the matter. [27068/16]
Amharc ar fhreagraThe lead responsibility for the CETA trade agreement is held by the Department of Jobs, Enterprise and Innovation. Consequently I would advise the Deputy to direct his query to the Minister for Jobs, Enterprise and Innovation for her attention.
476. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade if Ireland supports the process to develop an international legally binding instrument on transnational corporation and other business enterprises with respect to human rights in the UN Human Rights Council as part of the UN Treaty on Business and Human Rights; and if he will make a statement on the matter. [27069/16]
Amharc ar fhreagraIreland is strongly committed to the UN Guiding Principles on Business and Human Rights (UNGPs) which are recognised as the global standard in this area. The Government is committed to the development of a National Plan on Business and Human Rights to give effect to this commitment and in this regard I was pleased to announce publication of the Working Outline of the Plan in December 2015. This was the result of extensive consultation with civil society, business and Government Departments. Following further consultation earlier this year, officials in my Department are currently working to finalise the National Plan. The text of the Working Outline, as well as the contributions received in the consultation process, are available on my Department’s website.
Ireland is not a member of the Inter-Governmental Working Group on Transnational Corporation and other Business Enterprises with respect to human rights, established in the framework of the Human Rights Council, but we are following closely its deliberations. We share the common EU position that the approach of this Working Group, which has a narrow focus on the elaboration of a legal instrument applicable to transnational corporations only, is flawed in that it fails to take into account that many human rights abuses are committed by domestic enterprises. This undermines a fundamental tenet of the UN Guiding Principles, which cover all businesses, regardless of whether they operate in one or more countries.
A further omission is the absence from the Working Group’s work plan of any reference to small and medium enterprises. In many countries these make up the vast number of business enterprises.
These concerns have been shared by the EU with the Chair of the Working Group and we hope that they will be addressed sufficiently to enable our fuller participation in the process.
477. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade if, in order to facilitate that Dáil Éireann will be able to make a properly informed decision on all aspects of CETA when it comes before the Houses of the Oireachtas, he will ensure that Ireland will pursue an Article 218 (11) reference to the Court of Justice under the Treaty of the Functioning of the EU to clarify the legality of the investment arbitration proposals in CETA under EU law; and if he will make a statement on the matter. [27070/16]
Amharc ar fhreagraThe lead responsibility for the CETA trade agreement is held by the Department of Jobs, Enterprise and Innovation. Consequently I would advise the Deputy to direct his query to the Minister for Jobs, Enterprise and Innovation for her attention.
478. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade if he will reconsider his support to the EU's current approach to the refugee crisis given the widespread criticism of the EU-Turkey deal; and if he will make a statement on the matter. [27071/16]
Amharc ar fhreagraThe Migration crisis has been close to the top of the EU agenda for the past eighteen months. The EU has responded to the crisis by adopting a range of initiatives designed to address this mass movement of people, not seen at this level since World War II. These measures include engaging with countries of origin and transit to address the root causes of migration; agreeing plans to relocate migrants in Italy and Greece across the Union; establishing Operation Sophia to address people smuggling in the Mediterranean, and substantial financial assistance to countries hosting large numbers of migrants.
As part of its Migration strategy, EU leaders agreed a deal with Turkey last March. The core intention of the deal is to break the business model of the people smugglers profiting from the suffering of the vulnerable and to discourage migrants from risking their lives in dangerous sea journeys. The very substantial reduction in the number of lives lost in the Aegean Sea and the substantial reduction in the number of migrants entering the EU from Turkey since the deal was agreed suggests that it is achieving its aims. The deal is underpinned by a €3 billion Facility for Refugees in Turkey, to which Ireland is contributing almost €23m. This Facility aims to support Syrians and other refugees in Turkey by providing them with access to food, shelter, education, and healthcare.
The EU-Turkey deal is just one aspect of a broad European response to the migration crisis.
479. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade if, with Ireland's 2015 ODA allocation standing at 0.36%, he is aware that in reality Ireland has been moving away rather than towards the target since 2008; the way in which he proposes to start reversing the widening gap between actual allocation and target in budget 2017; and if he will make a statement on the matter. [27072/16]
Amharc ar fhreagra480. Deputy Thomas Pringle asked the Minister for Foreign Affairs and Trade his plans to develop a strategy for reaching the ODA target in view of the fact sustaining progress towards 0.7% requires a multi-annual plan and currently there is no such plan; and if he will make a statement on the matter. [27073/16]
Amharc ar fhreagraI propose to take Questions Nos. 479 and 480 together.
The Government is strongly committed to Ireland’s overseas aid programme, and to its place at the heart of our foreign policy. “One World, One Future”, our policy for international development, clearly articulates our commitment to the UN target of providing 0.7% of Gross National Product (GNP) as Official Development Assistance (ODA).
The Programme for Government sets out our ambition to making progress towards the UN target as resources permit. It is important that such progress is made in a sustainable and manageable way which strengthens Ireland's recognised role as a reliable and effective partner in providing humanitarian assistance and contributing to the fight to end global poverty and hunger.
In the very difficult economic circumstances of recent years, the Government’s aim was to stabilise and protect allocations to ODA. In that period, annual contributions in excess of €600 million were made for ODA. We also consistently stated that we would make progress towards the 0.7% target once economic conditions allow.
As the economic recovery consolidates and strengthens, we have begun to make progress on that commitment. For 2016, the Government provided a total of over €640 million in ODA, an increase of €40 million, or almost 7% on the 2015 budget allocation. The 2016 allocation represents the first substantial increase in the aid budget in over seven years and was set to deliver an ODA/GNP percentage target of approximately 0.36%. However, as final GNP 2016 outturn is now expected to be significantly ahead of the 2016 budget day forecasts the ODA/GNP percentage will inevitably be somewhat lower than projected.
Our aim is to continue to make sustainable progress towards the UN target in line with the commitment we have made with our fellow EU member states to collectively reach the 0.7% target by 2030.
The 2017 Estimates process is currently in progress, and while final decisions on next year’s budget allocation are ultimately a matter for Government, I will be making the strongest possible case for a sustainable increase in the 2017 budget allocation for Ireland’s development assistance Programme.
481. Deputy Michael Healy-Rae asked the Minister for Foreign Affairs and Trade his views on a matter (details supplied) regarding passport applications; and if he will make a statement on the matter. [27264/16]
Amharc ar fhreagraIt is best practice to apply for a passport at least six weeks in advance of the intended date of travel.
Applicants are advised that the Passport Express channel operated in partnership with An Post is the most convenient and cost-effective channel.
Turnaround times can vary and applicants using Passport Express are advised to allow 15 working days for renewal of passports and 20 working days for new applications (due to additional requirements).
Currently, passport application turnaround times are under ten working days for both first-time applications and renewals.
Turnaround times are updated weekly and are available at www.passport.ie.
As of 26 September there were 10,574 applications in the system.
482. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the status of the proposed immigration reform legislation in the United States of America; the outcome of any recent discussions he has had with Senators and Members of the House of Representatives; and if he will make a statement on the matter. [27454/16]
Amharc ar fhreagraAchieving relief for undocumented Irish migrants in the US and agreement on a facility for future legal migration between Ireland and the US remains a key objective for the Government. Our Embassy in Washington and Consulates elsewhere in the US are very active in advocating for immigration reform while the issue is also regularly addressed in high level political contacts between Ireland and the US Government.
The Taoiseach discussed the prospects for immigration reform with Vice President Biden during his visit to Ireland in July. While in Washington for St. Patrick’s Day, the Taoiseach and I met President Obama, Vice President Biden, Speaker Ryan, Senator Schumer and other key Congressional contacts from both sides of the aisle. During these meetings we emphasised the plight of the undocumented Irish in the US and encouraged both Houses of Congress to work on a bipartisan basis towards a comprehensive package of immigration reform measures.
I availed of my UNGA visit to New York last week to engage with Irish community leaders in the United States and to discuss with them the prospects for achieving immigration reform and to reassure them of the Government’s continuing commitment to provide practical support to assist undocumented Irish citizens. In addition, Minister of State McHugh met with representatives of the Coalition of Irish Immigration Centers, representing a broad group of Irish centres across the United States, in New York on 20 September. The meeting was also attended by Senator Billy Lawless.
The current political environment in the United States is not conducive to achieving the necessary political consensus that would facilitate the advancement in the short term of comprehensive immigration reform in the US Congress. Nevertheless, the Government, the Department of Foreign Affairs and Trade, and our Embassy in Washington, working closely with Irish American community leaders, continue to actively pursue all viable opportunities to advance immigration reform that would be of benefit to our citizens. While there is little prospect of comprehensive immigration reform being achieved within the lifetime of the current Congress, our Ambassador and Embassy staff are assiduously working with well disposed contacts, on both sides of the political aisle, to prepare the basis for a renewed initiative once a new Administration and Congress have been established in Washington DC.
483. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade the cost of introducing a minimum wage of €12, €13, €14 or €15 an hour for all employees under the aegis of his Department; and if he will make a statement on the matter. [27780/16]
Amharc ar fhreagraThe estimated additional annual cost of introducing a minimum wage of €12, €13, €14 or €15 an hour for all employees to the Department is:
Annual Cost of Introducing a Minimum Wage
|
€ Per Hour |
|
|
€12 per hour |
€600,000 per annum |
|
€13 per hour |
€1,000,000 per annum |
|
€14 per hour |
€1,500,000 per annum |
|
€15 per hour |
€2,100,000 per annum |
These estimates are based on the current staff composition of the Department and changes to this staff composition will affect these estimates. In particular the Passport Service employ a number of temporary staff to meet the seasonal needs of passport applications. My Department applies the rates of pay set by the Department of Public Expenditure and Reform.
484. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade the cost to introduce a minimum weekly gross wage of €480, €500, €520, €560 or €600 for all full-time employees under the aegis of his Department; and if he will make a statement on the matter. [27789/16]
Amharc ar fhreagraThe estimated additional annual cost of the introduction of a minimum weekly gross wage of €480, €500, €520, €560 or €600 for all full-time employees to the Department is:
Additional Cost of the introduction of a minimum weekly gross wage
|
€ Per Week |
|
|
€480 per week |
€240,000 per annum |
|
€500 per week |
€320,000 per annum |
|
€520 per week |
€400,000 per annum |
|
€560 per week |
€610,000 per annum |
|
€600 per week |
€925,000 per annum |
This is based on the current staff composition of the Department and changes to this staff composition will affect these estimates. My Department applies the rates of pay set by the Department of Public Expenditure and Reform.
485. Deputy Niall Collins asked the Minister for Public Expenditure and Reform if he will provide a list of all meetings to date and remaining meetings planed in 2016 of the high-level informal forum to deal with the Labour Court recommendation on the issue of pension provision for community employment supervisors-assistants; and if he will make a statement on the matter. [26441/16]
Amharc ar fhreagraFollowing a meeting between my predecessor and union interests on 30th September 2015, the Community Sector High Level Forum (or Working Group) (previously the Informal Forum) was convened to examine the matter of the Labour Court Recommendation on the Community Employment sector as well as the issue of pensions and terms and conditions of employment for those working in the Community and Voluntary Sector. The forum met on 27 November 2015 and on 11 April 2016. Future meetings will be planned between the parties as appropriate.
486. Deputy Jack Chambers asked the Minister for Public Expenditure and Reform the reasoning behind the rule which states that construction companies can only apply for Government tendered projects where that company’s average turnover for the three previous years is equal to or greater than the value of the project the company is tendering for; if his attention has been drawn to the fact this is resulting in many smaller firms which would be in a position to tender for such jobs not being able to; and if he will make a statement on the matter. [26573/16]
Amharc ar fhreagraThe Government recognises the importance of the SME Sector and continues to develop measures to support SMEs in accessing the public procurement market. My colleague, Minister of State Eoghan Murphy, chairs the SME Advisory Group so that the voice of Irish SMEs can be heard by Government. Circular 10/14: Initiatives to assist SMEs in Public Procurement, sets out guidelines to promote the setting of relevant and proportionate financial capacity, turnover and insurance levels for tendering firms and the sub-dividing larger contracts into lots, where possible, to enable SMEs to bid for these opportunities. The guidelines also encourage SMEs to register on www.etenders.gov.ie to ensure maximum exposure to tendering opportunities.
Public works contracts must be awarded on the basis of objective and non-discriminatory criteria. Different criteria are applied at the pre-qualification stage to those at the award stage with pre-qualification criteria designed to assess the capacity of applicants and tenderers to deliver the project in question. Their capacity is typically assessed by criteria set out under the EU procurement directives and public works tenders usually include criteria such as economic and financial standing and technical ability, among others.
The Capital Works Management Framework (CWMF) contains an integrated set of contractual provisions, guidance material, technical templates and procedures which cover all aspects of the delivery process of a public works project from inception to final project delivery and review. The CWMF is an online resource which can be accessed on the Construction Procurement website at: http://constructionprocurement.gov.ie/. Bodies procuring public works projects must comply with the provisions of the CWMF.
The Deputy will appreciate that the assessment of a tenderer's financial and economic standing is a key part of any procurement process because the contracting authority must be reasonably satisfied that a contractor will have the necessary capacity to carry out a contract. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is, of course, a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract.
My Department has developed specific national guidelines for contracting authorities in relation to minimum standards for suitability criteria for construction contractors interested in tendering for public works projects; published as part of the CWMF (Guidance Note 2.3.1.3, Suitability Criteria for Works Contractors Minimum Standards refers. http://constructionprocurement.gov.ie/wp-content/uploads/GN_2.3.1.3.doc ). This guidance note sets out standards under each of the criteria that may be used to assess a contractor's financial standing and technical ability. In this regard, it is important to point out that there are no centrally imposed requirements for a minimum turnover. Such requirements would logically be developed on a case by case basis with reference to the specific needs of the contract.
The guidance was developed in consultation with industry at a point where the recession had commenced and took into account reduced capacity generally. Turnover represents a reasonable indicator of the capacity of a contractor to deliver projects of a particular scale.
Construction projects require main contractors to manage a significant supply chain and where turnover is lower than recommended levels contracting authorities are entitled to have legitimate concerns over the capacity of a contractor to deliver the project in question.
Guidance Note GN 2.3.1.3 (page 11) states that for building projects turnover should be set within a range of 75 - 150% of the annualised turnover of the capital value of the contract. For a straightforward building project of 2 years duration with a capital value of €4m the turnover sought can be as low as €1.5m. For general civil engineering projects this is reduced to 30 - 60% but rises to 200 - 300% of the annualised turnover of the capital value for complex civil engineering rail projects. The annualised turnover of the capital value of a project is the capital value divided by the number of years in which expenditure will occur.
487. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if he and his Department are concerned regarding future investment on PEACE projects in Northern Ireland and as a result of the Brexit result; and if he will make a statement on the matter. [26579/16]
Amharc ar fhreagraThe outcome of the UK Referendum on EU membership will obviously have implications not only for the EU-funded PEACE Programme, but also its sister INTERREG Programme. Together the two Programmes have a total value of more than half a billion Euro over the period 2014-2020, with 85% of the funding coming from the EU.
As part of our contingency planning, my Department had identified the implications of Brexit for the two programmes as being an issue that would have to be addressed in conjunction with the Northern Ireland Executive and the European Commission. That process commenced immediately following the result of the referendum. The matter was also discussed at the Plenary meeting of the North South Ministerial Council which took place in Dublin Castle on 4 July 2016, and at a Sectoral meeting for the Special EU Programmes Body which took place in Iveagh House on 7 July 2016. When I met Minister Ó Muilleoir in Iveagh House he agreed to my suggestion that we write jointly to the EU Regional Policy Commissioner, Corina Cretu, and my officials are continuing to work with their Northern Ireland counterparts and the Commission to establish the basis on which the programmes can continue to be implemented.
While there are complex financial, technical and legal issues that need to be worked through, I would like to assure the Deputy of the Government's commitment to the successful implementation of the programmes.
488. Deputy Willie Penrose asked the Minister for Public Expenditure and Reform if the OPW has received a copy of the submission for flood relief from the Mid-Shannon Flood Relief Group; the steps being taken to deal with the ongoing serious issues that have arisen from flooding, which has caused significant flooding to residents property in and around the Shannon catchment area; and if he will make a statement on the matter. [26626/16]
Amharc ar fhreagraI have received a submission from the Mid-Shannon Flood Relief Group.
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 public consultation on the draft flood risk management plans for the Shannon CFRAM study finished on 23rd September, 2016. The Plans will now be finalised taking account of observations and comments received and will contain a prioritised list of feasible measures to address flood risk in an environmentally sustainable and cost effective manner.
The Government decided on 5 January 2016 to establish the Shannon Flood Risk State Agency Co-ordination Working Group to enhance on-going co-operation across all of the State Agencies involved with the River Shannon.
The Group is comprised of the following membership and comes under the chairmanship of the Office of Public Works: Office of Public Works; Local Authorities, represented by the City and County Management Association; Waterways Ireland; Electricity Supply Board; Inland Fisheries Ireland; Department of Arts, Heritage and the Gaeltacht; Department of the Environment, Community and Local Government; Bord na Móna; Environment Protection Agency; and Irish Water. The Attorney General’s Office and other Government Departments may also participate, as requested by the Chairman.
The Group has met on four occasions to date and has conducted an audit of the roles and responsibilities of State Agency organisations and has published its Shannon Flood Risk Work Programme for 2016. Its Work Programme which is monitored by the Group is available on the OPW website. The Group has engaged in a programme of public consultation and has held a series of open days on its work programme. The Group is also considering further flood mitigation measures such as lowering lake levels prior to the Winter and will oversee the implementation of the Shannon CFRAM. I will be attending the next meeting of the Group which is to be held shortly to get a further update on their actions and activities for the Shannon Catchment.
I am satisfied that the Shannon Flood Risk State Agency Co-ordination Working Group is focussed on ensuring the best possible level of co-ordination between the statutory bodies on the River Shannon and that it will deliver the highest level of efficiencies to add value to the Shannon CFRAM programme.
The Interdepartmental Flood Policy Co-ordination Group is also considering a range of policy issues and options in relation to flood risk management. The Group’s work, when completed, will be submitted to Government for consideration.
489. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if he has in place in his Department's social policy and public sector reform division any arrangement for acting on recommendations of the Comptroller and Auditor General which have cross-public service implications; and if he will make a statement on the matter. [26803/16]
Amharc ar fhreagraThere are robust and well-established arrangements in place for responding to the recommendations of the Comptroller and Auditor General which have cross-public service implications.
As the Deputy will be aware, when the Comptroller and Auditor General makes a recommendation relating to a Government Department or body under the aegis of a particular Government Department the recommendation is carefully considered and responded to in the first instance by the Accounting Officer of the individual/parent Government Department.
In his response the Accounting Officer of the particular Government Department will indicate to the Comptroller and Auditor General whether or not he/she accepts the recommendation and the steps they will take to address the particular issues identified by the Comptroller and Auditor General in his report.
Subsequent to this when the Committee of Public Accounts concludes its examination of the accounts and reports of the Comptroller and Auditor General the Committee presents its own report to the Dáil on the report of the Comptroller and Auditor General.
Most reports of the Committee of Public Accounts require a formal response prepared by the Department of Public Expenditure and Reform in consultation with the relevant Department and Office concerned. This response known as the Minute of the Minister for Public Expenditure and Reform responds briefly to each recommendation contained in the Report of the Committee of Public Accounts.
All recommendations of the Comptroller and Auditor General and the Committee of Public Accounts are carefully considered. The response - known as the Minute of the Minister for Public Expenditure and Reform - indicates whether the recommendation is accepted, or rejected by the Minister. When a recommendation is accepted, the response explains how it has been, or will be implemented by the particular Government Department. When a recommendation is not accepted the reasons for this are set out in the response in order to assist the Committee of Public Accounts in determining whether they wish to write to the Minister for Public Expenditure and Reform further on the matter.
When the Minute of the Minister for Public Expenditure and Reform response has been sent to the Committee of Public Accounts it is then incorporated into a Department of Public Expenditure and Reform's Circular and circulated to the Accounting Officers of all Government Departments for their attention and any necessary action arising from the recommendations.
This process ensures that the recommendations of the Comptroller and Auditor General that have cross-public service implications are communicated widely across the public service to seek to ensure that all appropriate steps are taken in response to the Comptroller and Auditor General's recommendations.
490. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the details of the discussion at the June 2016 EU Council meeting where the EU fiscal rules were discussed and in particular, the way they were being applied to prioritising Government expenditure on capital infrastructure. [27015/16]
Amharc ar fhreagraThe European Council meeting that the Deputy refers to took place in Brussels on 28 June 2016. The agenda dealt with three broad themes - migration; jobs, growth and investment; and external relations.
I understand that at the meeting the European Council generally endorsed the country-specific recommendations as discussed by the Council, thus allowing the conclusion of the 2016 European Semester, but no discussion took place on the EU fiscal rules or the way they were being applied to prioritising Government expenditure on Capital Infrastructure.
As the Deputy will be aware, details of key priorities for capital investment are set out in the Capital Investment Plan 2016-2021 published last year. This set out the large scale investment programme that will further build the State's economic and social infrastructure, support economic recovery and jobs and support the sustainability of communities throughout Ireland.
Furthermore as set out in the Summer Economic Statement, a total additional €5.1 billion has been allocated to capital expenditure in the period to 2021 reflecting the incentives for capital investment built into the EU Fiscal Rules under the capital-smoothing mechanism. The allocation of the increased resources available for capital spending will be assessed in the context of the forthcoming capital review.
