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Wednesday, 26 Oct 2016

Written Answers Nos. 101-107

EU Directives

Ceisteanna (101)

Dara Calleary

Ceist:

101. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform when he will publish his Department's assessment of the public submissions received on the implementation of the 2014 EU procurement directives; and if he will make a statement on the matter. [32222/16]

Amharc ar fhreagra

Freagraí scríofa

The European Parliament and the Council adopted three new procurement Directives (Public Procurement, Utilities and Concessions) in 2014. Two of the Directives relating to procurement by public sector contracting authorities and utilities entities replace the EU procurement directives of 2004 These were transposed into Irish law by way of Statutory Instrument last May.  The third directive creates a new regulated regime for the award of concession contracts. This Directive establishes a new regime for concession type contracts so the transposition process has taken longer; it is intended that this will be completed by the end of this year.

On 31 October 2014, the Office of Government Procurement (OGP) published a consultation paper on the transposition of these new Directives into national law on its website www.procurement.ie. The consultation document highlighted the key policy choices for Ireland and sought the views of public sector users, private sector tenderers, relevant representative bodies and other interested parties. In total 43 submissions were received by the end of January 2015, including submissions by representative bodies such as ICTU, IBEC, ISME and the CIF. Responses to the specific questions raised in this consultation paper were considered in drafting the Statutory Instruments.

The approach taken was to adopt a flexible approach and avoid creating  unnecessary legislative burdens on contracting authorities and Irish economic operators. The overarching policy objective was to seek value for money outcomes and to promote SME participation in public procurement.

Copies of the submissions received are available on the OGP website.

Office of Government Procurement

Ceisteanna (102)

Dara Calleary

Ceist:

102. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform his plans to legislate to put the OGP on a statutory footing; and if he will make a statement on the matter. [32223/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the OGP commenced operations in 2014 and, together with four key sectors (Health, Defence, Education and Local Government), has responsibility for sourcing goods and services on behalf of the Public Service. In addition, the OGP also has responsibility for procurement policy and procedures. I intend to progress legislation to establish the OGP on a statutory basis in due course. The priorities for the Government's Legislative programme are guided by the commitments set out in the "Programme for a Partnership Government".

EU Directives

Ceisteanna (103)

Dara Calleary

Ceist:

103. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform when comprehensive policy and operational guidelines will be published to assist buyers and suppliers better understand the 2014 procurement directives; and if he will make a statement on the matter. [32224/16]

Amharc ar fhreagra

Freagraí scríofa

At the end of March 2014, following extensive negotiations over three years, the Official Journal of the European Union (OJEU) published three new procurement directives. Two of the Directives, relating to procurement by public sector contracting authorities and utilities entities replace the EU procurement directives of 2004. These were transposed into Irish law by way of Statutory Instrument last May. The third directive creates a new regulated regime for the award of concession contracts. This Directive establishes a new regime for concession type contracts so the transposition process has taken longer; it is intended that this will be completed by end 2016.

The Office of Government Procurement is in the process of developing revised public procurement guidelines for goods and services which will reflect the recently transposed new EU Directives but which also update the national rules on public procurement. The revised guidelines will be aimed primarily at contracting authorities but they will also be useful to suppliers in understanding the public procurement process. Finally, the Capital Works Management Framework (CWMF) for works and works related services is also being updated to reflect the changes in the new Directives.

Office of Government Procurement

Ceisteanna (104)

Dara Calleary

Ceist:

104. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform his plans and the plans of the OGP to provide or to fund procurement training to benefit both buyers and suppliers; and if he will make a statement on the matter. [32226/16]

Amharc ar fhreagra

Freagraí scríofa

With regard to buyers, the OGP funded a series of information sessions on the new EU Directives in 2016. These were attended by representatives from some 120 Public Sector Bodies. While the OGP participates in events aimed at informing suppliers about public procurement opportunities such as Meet the Buyer, it has no plans to fund training events for suppliers at this time.

Coastal Protection

Ceisteanna (105)

Pearse Doherty

Ceist:

105. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform when a decision will be made in respect of an application for coastal defences (details supplied) in County Donegal made by the local authority to the Office of Public Works; and if he will make a statement on the matter. [32246/16]

Amharc ar fhreagra

Freagraí scríofa

The application received from Donegal County Council under the Minor Flood Mitigation Works and Coastal Protection Scheme for funding to undertake a project comprising of coastal erosion defence repairs at Maghery, County Donegal has been assessed by the Office of Public Works and is not eligible for funding under the scheme as it does not meet the scheme criteria.

Flood Relief Schemes Applications

Ceisteanna (106, 107, 109)

Anne Rabbitte

Ceist:

106. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the funds that have been granted through his Department for an engineer for south Galway lowlands project; and if he will make a statement on the matter. [32276/16]

Amharc ar fhreagra

Anne Rabbitte

Ceist:

107. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the funds that have been granted through his Department for conducting an EPA for the south Galway lowlands project; and if he will make a statement on the matter. [32277/16]

Amharc ar fhreagra

Anne Rabbitte

Ceist:

109. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the reason for the delay with the Kiltartan scheme in south Galway; and if he will make a statement on the matter. [32279/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 106, 107 and 109 together.

The Office of Public Works (OPW) and Galway County Council (GCC) have been in consultation in relation to the flooding issues in South Galway, with particular emphasis on the Gort Lowlands, and how best to advance a possible flood relief scheme for this area. Following a request from GCC, OPW recently confirmed its agreement in principle to the advancement of a potential scheme for the Gort Lowlands and to provide any technical assistance that GCC may require as the Council will be acting as the Contracting Authority for this project.

Once the tendering processes for the required design and environmental consultants have been completed it is expected that the Council will revert to the OPW in relation to specific funding requests, before entering into any contractual agreements. If approved, funding will be provided to the Council for the appointment of the consultants to develop solutions to deal with the flooding problem and to undertake any surveys which may be required.

OPW will consider any request from the Council for funding to procure the services of a project engineer specifically for this project as the development of a scheme will be complex due to the particular geological and ecological characteristics of the area. Subject to a viable scheme emerging which is both cost beneficial and environmentally acceptable and which meets with general public acceptance, the Council may request confirmation of funding arrangements from OPW to undertake its construction.

As part of the investigation into the problem there will be significant consultation with statutory bodies and the general public during the course of the scheme development where input and knowledge from the local community will be considered very important. If a viable solution emerges it will have to be brought forward through planning either under the provisions of the Arterial Drainage Acts or the Planning and Development Regulations at which stage the public will have every opportunity to make further submissions on the proposals.

Engineering measures/options to alleviate localised flooding in the Kiltartan area including a recent proposal to install a new culvert directly from Kiltartan River to Coole River, can be considered as part of the strategic approach by GCC to examine options for a Flood Relief Scheme for the Gort Lowlands area as a whole.

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