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Gnáthamharc

Wednesday, 2 Nov 2016

Written Answers Nos. 246-269

Coastal Protection

Ceisteanna (246)

Mick Wallace

Ceist:

246. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform the date on which a particular part of the coastal protection scheme on the beach at Rosslare Strand, County Wexford may be implemented (details supplied). [32524/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Commissioners of Public Works that an application for funding under the Office of Public Works' (OPW) Minor Flood Mitigation Works and Coastal Protection Scheme has been received from Wexford County Council for a project at the location in question. This application is currently under consideration in the OPW and a response will issue to Wexford County Council as soon as possible.

Pension Provisions

Ceisteanna (247)

Éamon Ó Cuív

Ceist:

247. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform his plans to provide a pension policy for supervisors and assistant supervisors on community employment schemes; and if he will make a statement on the matter. [32700/16]

Amharc ar fhreagra

Freagraí scríofa

The issue of pension entitlements for Community Employment Scheme Supervisors and Assistant Supervisors was the subject of a Labour Court recommendation in 2008. The position is that although the employing bodies concerned are mainly funded by public expenditure programmes, the State does not have any role as an employer in this sector and the employees of such bodies are not public servants.

This matter together with other related issues is the subject of discussion at the Community Sector High Level Forum (or Working Group) (previously the Informal Forum) which was convened to examine certain issues pertaining to the Community Employment sector.  The forum met on 27 November 2015 and on 11 April 2016.  Future meetings will be planned once a new Chair has been appointed.

Flood Relief Schemes

Ceisteanna (248)

Brendan Griffin

Ceist:

248. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform his views on correspondence (details supplied) regarding flooding; and if he will make a statement on the matter. [32530/16]

Amharc ar fhreagra

Freagraí scríofa

The Office of Public Works (OPW) has maintenance responsibility only for those Catchment Drainage Schemes and Flood Relief Schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995.

Neither Lough Lane nor the River Laune form part of an arterial drainage scheme under the auspices of this Office and, as such, we have no responsibility for their maintenance. Any cleaning of the rivers flowing into Lough Lane was not carried out by OPW as they do not form part of an arterial drainage scheme.

Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address, and Kerry County Council may carry out flood mitigation works using its own resources.

The Office of Public Works operates a Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial, are published on the OPW website at www.opw.ie. It is open to Kerry County Council to submit a funding application under the Scheme. Any application received will be considered in accordance with the overall availability of resources for flood risk management and the scheme's eligibility criteria, available on the OPW website.

Oireachtas Members' Remuneration

Ceisteanna (249)

David Cullinane

Ceist:

249. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the public sector grades that salaries of TDs, Senators, Ministers, Ministers of State, the Tánaiste and the Taoiseach are aligned to; and if he will make a statement on the matter. [32517/16]

Amharc ar fhreagra

Freagraí scríofa

The 38th Report of the Review Body on Higher Remuneration in the Public Sector in 2000 recommended that the pay of TD's should be linked to the Principal Officer grade in the Civil Service. This recommendation was based on their independent and expert consideration of the level of responsibilities and an appropriate pay analogue. That Review Body report also recommended that Senators be paid 70% of the TD rate. The Government of the day accepted this recommendation and the pay of TDs has followed this link since.

The pay of Officeholders ( Ministers, Ministers of State, Tánaiste, Taoiseach) is made up of two elements: the TD salary, which is linked to the Principal Officer grade and the office holder's salary which is not linked to any particular grade.

Public Sector Staff

Ceisteanna (250)

Donnchadh Ó Laoghaire

Ceist:

250. Deputy Donnchadh Ó Laoghaire asked the Minister for Public Expenditure and Reform if or when the two extra hours to be worked each week for persons who would normally have worked 35 hours a week, agreed under the public service stability agreement, are due to expire; and if he will make a statement on the matter. [32647/16]

Amharc ar fhreagra

Freagraí scríofa

The requirement for additional working hours for public servants was introduced under Section 2.4 of the Public Service Stability Agreement (Haddington Road Agreement) in 2013.  These additional working hours have contributed to the maintenance and enhancement of existing public services during a period of significant constraints on public expenditure and at a time when public services are under increasing demand. The additional hours have facilitated a large increase in public service productivity and are an important element of the public service reform programme. The Public Service Stability Agreement was extended under the terms of the Lansdowne Road Agreement out to September 2018.

Office of Public Works Properties

Ceisteanna (251)

Shane Cassells

Ceist:

251. Deputy Shane Cassells asked the Minister for Public Expenditure and Reform his plans for a building (details supplied) in Enfield, County Meath; and if the Office of Public Works will consider its use as a community space for persons living in Enfield and its environs. [32697/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Commissioners of Public Works that the property in Enfield was purchased at the behest of An Garda Síochána in 2007 to address their operational requirements.

The OPW are entering discussions with An Garda Síochána to review the operational necessity for this building. The outcome of these discussions will determine the future use of the facility.

While discussions are ongoing it is not possible to comment on the future use of the property.

Lobbying Data

Ceisteanna (252, 254, 255)

Catherine Murphy

Ceist:

252. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if NAMA is subject to the Regulation of Lobbying Act 2015; if it is required to submit a return if it lobbies a person; if it is required to submit a return if it lobbies a company or organisation; and if he will make a statement on the matter. [32712/16]

Amharc ar fhreagra

Catherine Murphy

Ceist:

254. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the number of returns made by NAMA under the Regulation of Lobbying Act 2015 since the legislation was enacted; and if he will make a statement on the matter. [32722/16]

Amharc ar fhreagra

Catherine Murphy

Ceist:

255. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the number of returns made in respect of NAMA under the Regulation of Lobbying Act 2015 since the legislation was enacted; the detail of the returns, in tabular form, broken down by years, individuals and organisations by name [32723/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 252, 254 and 255 together.

Under section 7 (f) of the Regulation of Lobbying Act 2015 the National Asset Management Agency (NAMA) is defined as a public service body for the purposes of the Act.

In accordance with section 5 (5) (k) of the Act, communications made by a person who is employed by or holds any office or another position in a public service body are exempt, where the person is acting in that capacity within the body and the communications relate to the functions of the public service body. This provision also applies to persons engaged for the purposes of the body.  This means these communications are not regarded as lobbying activities under the Act.

NAMA is not therefore required to register or submit returns to the lobbying register under the Act.

In accordance with the information publicly available on the lobbying register, there have been no returns made in respect of NAMA since the Act commenced on 1 September 2015.

The website at www.lobbying.ie, which includes the easily searchable and free to use online register, also has a suite of information tools designed to help lobbyists, designated public officials and the public to fully understand the Act and its obligations.

Lobbying Data

Ceisteanna (253)

Catherine Murphy

Ceist:

253. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the number of former or current public officials employed by or providing services to a lobbyist for each of the years 2013 to 2015 and 2016 to date who are listed on a website (details supplied) in tabular form; and if he will make a statement on the matter. [32721/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Standards in Public Office Commission, an independent body, is responsible for the implementation of the Regulation of Lobbying Act 2015 and under section 9 of the Act for the establishment and maintenance of the online Register of Lobbying.  As such, my Department does not have day to day responsibility for the collection, presentation or content of the information on the Register of Lobbying. In order to assist the Deputy, my officials contacted that Office and were advised that the Standards in Public Office Commission has a data export facility on the Register of Lobbying that allows anyone to extract and analyse data from the Register. The Deputy might wish to contact the Standards in Public Office Commission directly for assistance in undertaking that analysis.

Questions Nos. 254 and 255 answered with Question No. 252.

Public Sector Staff Recruitment

Ceisteanna (256)

Thomas P. Broughan

Ceist:

256. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform when the two posts of assistant secretary that are currently vacant within his Department will be filled; and if he will make a statement on the matter. [32900/16]

Amharc ar fhreagra

Freagraí scríofa

The Public Appointments Service (PAS) on behalf of the Top Level Appointments Committee (TLAC) ran an open competition to fill the post of Assistant Secretary (Head of Remuneration, Pensions & Industrial Relations) within the Department of Public Expenditure and Reform. The post was advertised on the Public Appointment Service website on Friday, 26 August 2016.  The shortlisting for this post took place on 27 September 2016 and the successful candidates were invited to preliminary interviews which are now complete. PAS have confirmed that 4 successful candidates will be interviewed by the Top Level Appointments Committee shortly.

The post of Assistant Secretary (Public Service Reform and Delivery and Chief Information Officer) has been filled by Senior Public Service mobility. The successful candidate is scheduled to take up duty in the Department on Monday, 21 November.

Departmental Legal Costs

Ceisteanna (257)

Thomas P. Broughan

Ceist:

257. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the amount that his Department spent on external legal advice in each of the years 2013, 2014 and 2015; the names of each of the legal firms that provided advice to his Department in each of those years; and if he will make a statement on the matter. [32906/16]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy's question the following table outlines the amount spent by my Department on external legal advice in each of the years 2013, 2014 and 2015.

Year

Legal Firm

Amount

2013

*Consultant R. Humphreys

€111,131

 

*Consultant C. Kennedy

€32,263

 

 

€143,394

2014

Eversheds Sweden

€1,200

 

*Consultant R. Humphreys

€79,364

 

*Consultant C. Kennedy

€39,189

 

 

€119,753

2015

Philip Lee Solicitors

€5,535

 

ByrneWallace

€123,221

 

*Consultant R. Humphreys

€54,312

 

*Consultant C. Kennedy

€57,530

 

 

€240,598

*R. Humphrey's gave legal advice/support in drafting legislative proposals under the Government Reform Programme.  C. Kennedy was a consultant who worked on the Statute Law Revision programme.  Both were engaged in line with procurement rules.

Public Sector Staff Recruitment

Ceisteanna (258)

Clare Daly

Ceist:

258. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the areas of recruitment currently planned for the public service; the grades at which recruitment will take place; and if local authorities will be included. [33019/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, I announced additional recruitment measures recently on Budget Day. This will include an additional 2,400 teaching posts in the Education sector, of which 900 will be resource teachers. In the Justice Sector, there will be an accelerated programme of Garda recruitment, with 800 new Gardaí to be hired and trained in 2017.  There will also be accelerated recruitment of about 500 civilian staff into An Garda Síochána which will further free up Gardaí for frontline duties and underpin Garda reform. I also provided for additional staffing in the Health Sector and Tusla.

I am responsible for recruitment in the Civil Service. Recruitment in the Civil Service is dependent on the pay allocation for departments and offices.

I understand that recently a competition was organised for Clerical Officer and that later in the year there will be a competition for Executive Officer in the Civil Service. My officials and officials from the Public Appointments Service will be discussing the need for other competitions as required.

As the Deputy will also be aware, the Minister for Housing, Planning, Community and Local Government is responsible for recruitment into the Local Authorities. The Minister for Education and Science is responsible for recruitment into the education section and the Minister for Justice and Equality has responsibility for recruitment into An Garda Siochana.

Public Procurement Contracts

Ceisteanna (259)

Róisín Shortall

Ceist:

259. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the monitoring and reporting arrangements in his Department to track tender price inflation for publicly funded projects; if his Department routinely collects and publishes such information; and if he will provide any statistics available to his Department on tender price inflation. [33020/16]

Amharc ar fhreagra

Freagraí scríofa

Capital investment allocations are typically made on a multi-annual basis by the Government, so that Government Departments can undertake proper medium-term planning for the cost-effective delivery of investment projects.  Public Procurement is governed by EU and National rules as set out in the Public Spending Code.  The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

The recovery in the economy has meant that real increases to public spending can continue to be made on a sustainable basis to deliver both on economic priorities and also on the social goals for a fairer and more inclusive society.  However, there is also an obligation to ensure that funding invested in new services will not only be affordable now but also for the foreseeable future.

In terms of tender price inflation, some of the factors that have been holding back inflation are expected to subside; however, in common with elsewhere, inflation is projected to remain modest in the short term. Core HICP inflation is projected to average 1.2 per cent next year, however, construction price inflation is running ahead of the baseline inflation rates in certain parts of the country.

All publicly funded projects and programmes are subject to the appraisal framework set out in the Public Spending Code.  Responsibility for compliance with the Public Spending Code and the recording of tender price data lies with the Sponsoring Agency and Sanctioning Authority for a particular project.

Wildlife Conservation

Ceisteanna (260)

Seán Sherlock

Ceist:

260. Deputy Sean Sherlock asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her views on the control measures on the feral mink population in Munster; and the success rates of same. [32834/16]

Amharc ar fhreagra

Freagraí scríofa

Wild mink are not a protected species and they can be controlled by farmers, landowners, game shooting clubs and others.

A study commissioned by my Department, published in 2009, estimated the population of wild mink in the State could reach a total of between 20,500 and 33,500 individuals, and identified ground-nesting birds as the species most vulnerable to mink predation. In this regard, and as full eradication is not considered possible at this time, my Department is concentrating its priorities on protecting the nesting sites of rare and threatened bird species, including vulnerable seabirds, waders and terns, corncrake, and grey partridge, from a range of predators, including mink. My Department carries out predator control programmes on land it owns or manages and this includes mink where the need is identified. In Munster, the Blasket Islands have been targeted as they are important for breeding manx shearwater which nests in burrows.

My Department has also provided funding to the NARGC as well as mink traps to local groups in some areas to assist them in their work and will continue to target trapping in priority areas within the resources available.

Leader Programmes Funding

Ceisteanna (261)

Peter Burke

Ceist:

261. Deputy Peter Burke asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs when funding for Leader in County Longford will be signed off and the funding granted; the reason there has been an extended delay in this process; and if she will make a statement on the matter. [32632/16]

Amharc ar fhreagra

Freagraí scríofa

An independent Selection Committee was established to review and select the LEADER Local Development Strategies submitted in each of the 28 sub-regional areas covered by the LEADER programme.

The Local Development Strategy submitted for County Longford was developed by Longford Local Community Development Committee (LCDC), with Longford Community Resources CLG as its implementing partner, and Longford County Council as its lead financial partner. I understand that the Selection Committee requested additional information and clarifications regarding the strategy submitted for County Longford. Following on from the receipt of the requested information, the Committee selected the LEADER strategy for County Longford at its meeting on 27 October 2016.

A Funding Agreement has issued to Longford LCDC for the delivery of the LEADER programme in the area covered by its strategy and I understand that this Funding Agreement has now been signed by the relevant parties in Longford. The amount allocated for this strategy is €7.597 million.

EU Directives

Ceisteanna (262, 266, 267)

Clare Daly

Ceist:

262. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her Department holds and operates the licensing function for control measures that can be carried out on bird species under national wildlife legislation and under the EU birds directive. [32732/16]

Amharc ar fhreagra

Clare Daly

Ceist:

266. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs further to Parliamentary Question No. 530 of 27 September 2016, if a typical single case application for a bird control derogation licence usually necessitates a site visit, an inspection and a report by a conservation ranger, followed by an adjudication in her Department with reference to the legislation, and concluded with a written decision from her Department being sent back to the applicant; if each such application can take several weeks to fully process; and if her Department has one conservation ranger serving all of north Dublin to service the inspection and reporting requirements of each application. [32736/16]

Amharc ar fhreagra

Clare Daly

Ceist:

267. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs further to Parliamentary Question No. 530 of 27 September 2016, if her Department, along with the Department of Health and other public health bodies, has the resources to process a very high volume of applications on a case-by-case basis in a timely fashion (details supplied). [32737/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 262, 266 and 267 together.

As indicated by my reply to Parliamentary Question No. 530 of 27 September 2016, applicants may apply to my Department for derogation licences to control certain bird species, which are considered on a case by case basis. Officials of the National Parks and Wildlife Service of my Department would assess each such application, which would include an examination of the proposed control measures and a site visit to the area concerned, followed by a written recommendation on the application.

While my Department endeavours to examine all applications for licences and permits under the Wildlife Acts in a timely manner, there are instances where delays can occur due to the volume of applications for certain licences. However, my Department works to ensure that any such delays are kept to a minimum.

EU Directives

Ceisteanna (263, 264, 265)

Clare Daly

Ceist:

263. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if the National Parks and Wildlife Service is Ireland’s representative on the EU Ornis committee (details supplied). [32733/16]

Amharc ar fhreagra

Clare Daly

Ceist:

264. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs further to Parliamentary Question No. 531 of 27 September 2016, if EU member states, including Ireland, submit birds directive derogation licence reports annually to the EU Ornis committee; if such reports list in detail every derogation licence issued by a member state under the birds directive, for every form of control measure, on every protected bird species; and if her Department has access to detailed information regarding the derogation licensing activities and the resulting control measures from those derogation licences in all member states that file reports to Ornis. [32734/16]

Amharc ar fhreagra

Clare Daly

Ceist:

265. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her views on the fact that Northern Ireland, Scotland, Wales and England, in addition to the birds directive derogation licences that they issue and file annually to Ornis, also issue general licences through their respective wildlife agencies that each include the herring gull, the lesser-black-backed gull and the greater black-backed gull as amenable to control measures for reasons of public health and safety. [32735/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 263 to 265, inclusive, together.

The work of the Ornis Committee, which was an advisory committee, has been assimilated into the Expert Group on the Birds and Habitats Directives. My Department is represented by appropriate officials at these meetings, depending on the agenda.

The Birds Directive is implemented in Ireland under the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011. Under the terms of the Directive, all Member States of the EU are bound to take measures to protect all wild birds and their habitats. Under Article 9(1) Member States may derogate on the basis of a number of reasons, including in the interests of public health and safety; air safety; and to prevent serious damage to crops, livestock, forests, fisheries and water; for the protection of flora and fauna; and for research, teaching, repopulation and reintroduction.

Members States must report to the European Commission on an annual basis on the implementation of the provisions in Article 9(1). Article 9(2) sets out the details to be included in derogation reports to the Commission and include

- The bird species;

- The means, arrangements or methods authorised for capture or killing; and

- Time and place and controls to be carried out.

The European Commission publishes a composite report which provides an analysis of the EU Member States annual reports and an assessment of the conformity of the derogations issued with the provisions of the Birds Directive. Individual Member State reports, including those for Ireland, are also published.

My Department is aware of some other Member States that issue licences under their domestic legislation in relation to the control of certain bird species, including some species of gulls.

Questions Nos. 266 and 267 answered with Question No. 262.

Departmental Schemes

Ceisteanna (268)

Jackie Cahill

Ceist:

268. Deputy Jackie Cahill asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the allocation from the €10 million nationally for the town and village renewal scheme 2016 that has been made for County Tipperary; and if she will make a statement on the matter. [32821/16]

Amharc ar fhreagra

Freagraí scríofa

On 9 August this year, I launched the Town and Village Renewal Scheme with an allocation of €10 million in capital funding. A sum of €380,000 has been made available to each of the 26 counties, including Tipperary, under this initial phase of the scheme.

Local Authorities, in conjunction with local communities and businesses, were each invited to submit up to 8 proposals to my Department by the end of September for approval under the scheme. A total of 172 applications were received, including 5 applications from Tipperary County Council. An assessment of all of the applications is currently being finalised and I expect to be in a position to announce the successful projects shortly.

Vibrant towns and villages have an important role to play in revitalising rural Ireland. As part of Budget 2017, I have secured funding of €12 million for an enhanced Town and Village Renewal scheme next year. This represents a trebling of the original 2016 baseline allocation of €4 million. As part of the 2017 scheme I intend to include a pilot to encourage increased residential occupancy in town and village centres.

CLÁR Programme

Ceisteanna (269)

Éamon Ó Cuív

Ceist:

269. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the total allocation under the CLÁR scheme in 2016 for local access roads; the county allocation if already decided; if this measure applies only to non-county roads; when local authorities were advised as to their allocation under the scheme; the latest date for work to be completed for drawdown of funds in 2016; the detail of the operation of this measure in 2016; and if she will make a statement on the matter. [32863/16]

Amharc ar fhreagra

Freagraí scríofa

I announced the reopening of the CLÁR Programme on 6 October 2016, with funding of €3 million available for this year. The programme will provide funding for small scale infrastructural projects in disadvantaged rural areas that have experienced significant levels of de-population.

The reopening of CLÁR is part of the Government’s programme to support rural development, which has also recently seen the launch of the Town and Village Renewal Scheme, a new phase of the REDZ (Rural Economic Development Zones) initiative, and funding for rural recreation infrastructure under the Rural Recreation Scheme.

CLÁR 2016 will see funding provided for three measures: Safety Measures for Schools and Community/Sports Facilities, Playgrounds and Multi-Use Games Areas, and Local Access Roads. In early October, Local Authorities were invited to submit proposals for funding, with a closing date of 4 November for applications.

All funding will be dependent on Local Authorities having the capacity to implement the proposed projects immediately. Specific amounts of funding have not been assigned to either individual counties or individual measures, and Local Authorities are not limited in the number of project proposals they can submit for consideration.

Local Authorities have been notified that priority will be given to safety measures for schools and community/sports facilities, outdoor play facilities enhancements and local access roads measures in that order. In this context, Local Authorities have been asked to prioritise their proposals based on outlined need and on how the proposed project fits in with broader planning at a local level.

I have secured an allocation of €5 million for CLÁR for next year as part of Budget 2017. This funding will build on the 2016 scheme and further support the development of areas of particular disadvantage in rural Ireland.

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