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Tuesday, 28 Feb 2017

Written Answers Nos. 481-493

Freedom of Information Data

Ceisteanna (481)

Catherine Murphy

Ceist:

481. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the legal fees incurred on FOI requests received by his Department; the staff hours involved in the processing of FOI requests for the past three years; and if he will make a statement on the matter. [9683/17]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy's question, my Department has not incurred any legal fees on FOI requests.  My Department has a dedicated FOI Unit, the staff of which receive, allocate, monitor and administer all FOI requests.  The requests are allocated to Decision Makers in the area relevant to the request and they conduct a complete retrieval and review of all relevant records for the request.  There has been a significant increase in the number of FOI requests received since 2014, as set out in the table below: 

Year

Number of requests processed

2014

206

2015

309

2016

349

The processing of FOI requests is part of the normal work of each division and my Department does not record the staff hours involved in processing FOI requests, apart from instances where a search and retrieval fee is to be charged.

Flood Relief Schemes Status

Ceisteanna (482)

Margaret Murphy O'Mahony

Ceist:

482. Deputy Margaret Murphy O'Mahony asked the Minister for Public Expenditure and Reform the timeframe for the completion of the OPW report on the solution to the flooding problem at Paddy's Bridge, Ballinhassig, County Cork and the provision of funds for the solutions; and if he will make a statement on the matter. [9744/17]

Amharc ar fhreagra

Freagraí scríofa

The Office of Public Works (OPW) is in the process of preparing a prefeasibility report to identify a possible flood relief solution with initial cost benefit analysis for Ballinhassig.

OPW engineering staff conducted a public information event with residents of Ballinhassig, local representatives and Cork County Council on 16 December 2016. The briefing highlighted the progress of the study to date. It indicated that, based on initial site visits, the area appears to be constructed on soil with high porosity and there is a need therefore to conduct a geotechnical investigation of the site and a geotechnical assessment regarding the seepage characteristics of the soil both along the river bank and along the hill to the front of the properties in Tullybeg, Ballinhassig.

The progression of the study and the cost of a possible project are dependant of the results of this geotechnical investigation which will be undertaken by specialists following a public procurement process. Tender documents for the procurement of these consultants are nearing finalisation and it is hoped that this process together with the resulting geotechnical report will be finalised for consideration by the end of Q2 2017.

Heritage Sites

Ceisteanna (483)

John Brassil

Ceist:

483. Deputy John Brassil asked the Minister for Public Expenditure and Reform his plans to allow for more flexibility in opening times for landing on Sceilig Mhichíl (details supplied); and if he will make a statement on the matter. [9819/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy has indicated in his question, the usual opening date at Skellig Michael is approx. mid May and I can confirm that this is the target again for the 2017 season.

It is necessary at the start of each season to perform to a wide range of pre-season maintenance and safety works before any visitors arrive at the island and, although there can be abnormal situations such as in 2016 when a substantial rock-fall obliterated part of the Lighthouse Road Wall and made visitor access highly dangerous, these pre-season tasks normally take a minimum of 3 to 4 weeks to complete. Long experience shows that access to the Skellig in the early part of April is highly difficult and OPW works staff are not guaranteed to be able to consistently access the Island with any certainty at that time. While occasionally all weather and sea conditions can be relatively benign and works completed earlier than planned, these occurrences are very much the exception. The experience of OPW Management over many seasons operating at Skellig has been that in the majority of years, works would only be completed and access to the public permissible by the middle of May.

As Skellig Michael is an international destination which draws visitors from many countries, it is necessary to announce the opening date at least 4 – 6 weeks in advance. It is not feasible, given the unpredictability of sea and weather conditions, the lead times involved in works, contracting Guide staff, completing safety training with local emergency services etc., to announce an earlier date which has a practical degree of certainty.

Public Sector Pay

Ceisteanna (484)

Seán Haughey

Ceist:

484. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform if retired public servants will be engaged with as part of the Public Service Pay Commission; and if he will make a statement on the matter. [9849/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply to Parliamentary Question No. 356 on 21 February 2017.

Under the remit set out in its terms of reference, the Public Service Pay Commission is tasked with reporting to Government on the pay of public servants, in the context of the Financial Emergency Measures in the Public Interest (FEMPI) Acts. The Commission's remit does not extend to considering the position of retired public servants.

The Public Service Pension Reduction (PSPR) applies as a progressively structured imposition on public service pensions in payment to retired public servants under terms set out in the Financial Emergency Measures in the Public Interest (FEMPI) Act  2010, as amended. PSPR is being significantly reversed in three stages under FEMPI 2015, with PSPR-affected pensioners getting pension increases via substantial restoration of the PSPR cuts on 1 January 2016, 1 January 2017 and 1 January 2018.  When fully rolled out from 1 January 2018, the changes will mean that all public service pensions with pre-PSPR values of up to €34,132 will be fully exempt from PSPR, while those pensioners not fully removed from the reach of PSPR will, in the majority of cases, benefit by €1,680 per year. The cost of these changes is estimated at about €90 million on a full-year basis from 2018.

Both I and officials of my Department have engaged with representatives of the Alliance of Retired Public Servants and will continue to do so, to ensure retired public servants and their representatives have a suitable and appropriate opportunity to articulate their issues and concerns in relation to public service pensions in payment. 

Living Wage

Ceisteanna (485)

Niall Collins

Ceist:

485. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the cost of implementing a living wage of €11.50 per hour for all employees directly employed or in agencies funded by his Department; and if he will make a statement on the matter. [10105/17]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy's question, the following table outlines the annual cost of implementing a living wage of €11.50 for all employees directly employed or in agencies funded by my Department:

Organisation

Annual Cost

Department of Public Expenditure and Reform

€835,547

Institute of Public Administration (IPA)

No additional cost 

Special EU Programmes Body (SEUPB) 

No additional cost

Public Appointments Service 

€129,850

Office of the Ombudsman 

€50,983

State Laboratory

€5,834

The reply in relation to the Office of Public Works will follow within the next ten days in accordance with Standing Order 42A.

The following deferred reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 10105/17 of 28 February 2017 and set out below is the information requested in relation to the Office of Public Works - to ask the Minister for Public Expenditure and Reform the cost of implementing a living wage of €11.50 for all employees directly employed or in agencies funded by his Department; and if he will make a statement on the matter.

As at February 24 2017, the estimated additional cost of implementing a living wage of €11.50 on the annual salaries of current staff employed on a full-time basis by the OPW is €284,910.

Community Employment Schemes Administration

Ceisteanna (486)

Eoin Ó Broin

Ceist:

486. Deputy Eoin Ó Broin asked the Minister for Public Expenditure and Reform further to Question No. 172 of 19 January 2017, if 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 has met to date in 2017 or set a date for the meeting; if so, the outcome of the meeting; and if he will make a statement on the matter. [10224/17]

Amharc ar fhreagra

Freagraí scríofa

The forum met on Friday 24 February 2017.  The minutes of the meeting will be published on my Department's website in due course.

Defence Forces Remuneration

Ceisteanna (487)

Pat Deering

Ceist:

487. Deputy Pat Deering asked the Minister for Public Expenditure and Reform when the awarded increase in the Army Ranger wing allowance backdated to 1 June 2006 which was awarded on 27 September 2010 by the adjudicator under the conciliation and arbitration scheme for members of the Permanent Defence Force (details supplied) will be paid; if the minimum pay raise has or will be applied and the pay review carried out; and if he will make a statement on the matter. [10297/17]

Amharc ar fhreagra

Freagraí scríofa

The particular Adjudicator's finding in question falls under Paragraph 1.16  of the Public Service Agreement 2010 - 2014 i.e. the Croke Park Agreement, which states that "The position concerning Public Service pay, including any outstanding adjudication findings, will be reviewed in Spring 2011 in accordance with the statutory requirement under both the Financial Emergency Measures in the Public Interest Acts of 2009 to review the operation, effectiveness and impact of the Acts before 30 June 2011, and every year thereafter."

It is further the position in relation to this Adjudicator's finding that under paragraph 5.3 of the Public Service Stability Agreement 2013-2018, i.e. the Lansdowne Road Agreement, "the Parties have agreed that any outstanding adjudication findings as referred to in paragraph 1.16 of the Public Service Agreement 2010 - 2014 will be reviewed jointly by the Parties prior to the expiry of this Agreement."  Accordingly it is the case that the Adjudicator's finding in question remains subject to this review process. 

Public Sector Pensions Legislation

Ceisteanna (488)

Michael Collins

Ceist:

488. Deputy Michael Collins asked the Minister for Public Expenditure and Reform if he will restore public service pensions fully by mid-2018; and if he will make a statement on the matter. [10310/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply to Parliamentary Question No. 362 on 24 January 2017.

The FEMPI measure in respect of public service pensioners is the Public Service Pension Reduction (PSPR).  The PSPR reduces the pay-out value of pensions with pre-PSPR values above specified thresholds in a progressively structured way which has a proportionately greater effect on higher value pensions.  At all times, public service pensions up to a value of €12,000 have been unaffected by PSPR, while a higher exemption threshold of €32,500 has applied to pensions awarded from 1 March 2012 onwards.

PSPR is being significantly reversed in three stages under FEMPI 2015, with PSPR-affected pensioners getting pension increases via substantial restoration of the PSPR cuts on 1 January 2016, 1 January 2017 and 1 January 2018.  When fully rolled-out from 1 January 2018, the changes will mean that all public service pensions with pre-PSPR values of up to €34,132 will be fully exempt from PSPR, while those pensioners not fully removed from the reach of PSPR will, in the majority of cases, benefit by €1,680 per year. The cost of these changes is estimated at about €90 million on a full-year basis from 2018.

As we move beyond FEMPI and PSPR restoration towards more normal pay and pension setting conditions in the public service, the issue of how to adjust the post-award value of public service pensions through appropriate pay or other linkages will be considered by Government.

Foreshore Licence Applications

Ceisteanna (489, 490)

Catherine Connolly

Ceist:

489. Deputy Catherine Connolly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she is satisfied that the response of the Heritage Council, when officially consulted regarding a foreshore lease application (details supplied) to construct an offshore electricity generation station on Galway Bay, meets her Department's statutory obligations, in view of the project's nature, size and location amid the sensitive and protected landscapes and seascapes of Connemara and the Burren; and if she will make a statement on the matter. [9566/17]

Amharc ar fhreagra

Catherine Connolly

Ceist:

490. Deputy Catherine Connolly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she is satisfied that the response given by the National Parks and Wildlife Service's development applications unit, when consulted regarding a foreshore lease application (details supplied) to construct an offshore electricity generation station on Galway Bay, meets her Department's statutory obligations, in view of the project's nature, size and location; and if she will make a statement on the matter. [9567/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 489 and 490 together.

It is my understanding that under the Foreshore Act, 1933, a decision in relation to the lease of foreshore in this instance is a matter for the Minister for Housing, Planning, Community and Local Government.

In accordance with Regulation 27 of the European Communities (Birds and Natural Habitats) Regulations 2011 (2011 Regulations) it is a matter for that Minister to exercise his functions in compliance with the requirements of the Habitats Directive, the Birds Directive and the 2011 Regulations. The regulations make it clear that the Minister for Arts, Heritage, Regional, Rural and Gaeltacht affairs shall not undertake the responsibilities of other public authorities, including Ministers, in this regard.

My Department through its National Parks and Wildlife Service provided observations on the application, and I am satisfied that they were appropriate.

My Department noted that the construction and operation of the renewable energy test site is unlikely to have a negative interaction with Natura 2000 nature conservation sites due to the nature and location of the works, but set out a number of mitigation measures that should be required to avoid any negative interaction with protected marine mammals, including provision for further consideration of devices which might be deployed in the future.

The Heritage Council is an independent organisation set up under the Heritage Act 1995 under the aegis of my Department and is separately a statutory consultee to the planning process as a prescribed body under the Planning and Development Acts 2000, as amended. Observations made by the Heritage Council in this regard are primarily a matter for Council.

Arts Centres

Ceisteanna (491)

Catherine Murphy

Ceist:

491. Deputy Catherine Murphy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the methodology she used in the determination of grant allocations under a new capital funding scheme for cultural centres under which €9 million was available; and if she will make a statement on the matter. [9637/17]

Amharc ar fhreagra

Freagraí scríofa

The Arts and Culture Capital Scheme was specifically targeted at supporting our regional arts centres with applications invited from arts and cultural centres across the country.

In total, 106 applications were received by the Department. The detailed selection criteria and eligibility requirements were published in the Guidelines of the Scheme. There was a two stage assessment process. The first stage involved all applications being reviewed on receipt to ensure eligibility. All eligible applications were then forwarded to an Assessment Panel which undertook the second stage of the assessment of the applications which advanced from stage one. The Assessment Panel reviewed each eligible application within the defined criteria and scored them accordingly. The recommendations were then forwarded to me for decision as set out in the published scheme conditions. Following these assessment processes 56 projects are being funded.

This capital scheme is the most significant investment in arts and cultural centres in a decade and will target investment at a range of different facilities, including arts centres, theatres, galleries and museums, as well as artists’ studios and creative spaces. This kind of investment is at the centre of what I am trying to achieve through Creative Ireland and the Action Plan for Rural Development.

Freedom of Information Data

Ceisteanna (492)

Catherine Murphy

Ceist:

492. Deputy Catherine Murphy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the legal fees incurred on FOI requests received by her Department; the staff hours involved in the processing of FOI requests for the past three years; and if she will make a statement on the matter. [9672/17]

Amharc ar fhreagra

Freagraí scríofa

My Department has not incurred any legal fees on FOI requests received during the period in question.

Dealing with FOI requests is part of the usual duties of officials and the time spent on processing such requests is not monitored separately. However, I am advised that an exercise carried out by my officials in 2016 on a sample number of cases suggested that an overall average of twelve hours staff time is spent on the processing of each FOI request received.

The total number of FOI requests received in each of the years in question is set out below. For completeness, non-legal charges in respect of the search, retrieval and other costs incurred in responding to these FOI requests were levied in respect of one FOI request in each of these years.

Year

Total FOI Requests Received

2016

169

2015

163

2014

84

Architectural Heritage

Ceisteanna (493)

Charlie McConalogue

Ceist:

493. Deputy Charlie McConalogue asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will issue a final reply to correspondence (details supplied); and if she will make a statement on the matter. [9689/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Abbey in question is owned and managed by the local authority and therefore the carrying out of any works to the structure would primarily be a matter for Donegal County Council itself.

In excess of 1,000 national monuments at over 700 locations are in direct State care, including notable sites in County Donegal such as Donegal Castle, Doe Castle and Grianan of Aileach. Significant resources are required to properly manage and maintain these monuments and, as a consequence, I regret that my Department is not in a position to either take responsibility for the maintenance of the Abbey or to provide any discretionary financial assistance for that purpose outside of normal heritage funding schemes.

The funding arrangements that are in place with the support of funding from my Department to aid the protection of our built heritage, operated in some cases by the local authorities, include:

- The Structures at Risk Fund, with an allocation in 2017 of €824,000, assists conservation works to privately or publicly owned heritage structures that are protected under the Planning and Development Acts and are deemed to be at significant risk of deterioration.  The fund is administered through the local authorities and seeks to encourage the regeneration and reuse of heritage properties and to help to secure the preservation of protected structures which might otherwise be lost.

- The Built Heritage Investment Scheme which was launched on 21 October 2015 assists with the repair and conservation of protected structures, and is also administered through local authorities. The scheme, which has an allocation of €2 million, will support a significant number of projects across the country and help to create employment in the conservation and construction industries, while helping to regenerate urban and rural areas.

- The Heritage Council, which my Department funds, provides grants for the protection and preservation of the built heritage.

I would hope that one of these schemes might help to provide a solution in this case.

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