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Tuesday, 4 Apr 2017

Written Answers Nos. 422-429

Departmental Legal Cases Data

Ceisteanna (422)

Dara Calleary

Ceist:

422. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the number of legal cases that have been taken or are in the process of been taken against the Office of Government Procurement, OGP; the costs incurred by the OGP in defending these cases; and if he will make a statement on the matter. [16565/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised that there has been one ex-parte application relating to the OGP as part of the Department of Public Expenditure and Reform but no other cases. No costs have been incurred in relation to this matter.

The Commissioners of Public Works were involved in two cases predating the establishment of the OGP which the OGP, as the successor organisation with responsibility for those arrangements, is now managing. Costs have not been finalised in these matters.

Capital Expenditure Programme

Ceisteanna (423)

John Curran

Ceist:

423. Deputy John Curran asked the Minister for Public Expenditure and Reform further to his response when taking questions on promised legislation on 29 March 2017, the details of the projects and programmes regarding public transport which have been submitted to him for consideration by the Minister of Transport, Tourism and Sport with regard to the mid-term capital review; and if he will make a statement on the matter. [16638/17]

Amharc ar fhreagra

Freagraí scríofa

As part of the review of the Capital Plan, which is currently in train, my Department wrote to all Departments in January inviting submissions, to include, inter alia, proposals for reprioritisation within existing allocations to reflect developments or changes in priorities since the Plan was published in 2015 and any new proposals to utilise the additional capital funding now available for allocation on foot of the review process.

While submissions are still being received from some Departments, my Department has already commenced the process of engaging with Departments that have furnished submissions on a bilateral  basis to discuss the proposals and priorities in their submissions.

While it is my intention to publish all of the submissions received from Departments at the appropriate time, due to the ongoing deliberative nature of the process that is underway, and in order to give my Department the opportunity to engage in a detailed discussion with each Department on the specific proposals contained in its submission, I do not wish to comment on the details of individual submissions at this point in time, as I do not believe that this would necessarily be helpful while the bilateral discussions on the priorities for each Department are ongoing.

The Deputy may wish to note that a public consultation has been launched on the Review to ascertain the views of the public and key stakeholders on what our national infrastructure priorities should be and to seek views on infrastructure investment priorities beyond the period of the current Capital Plan, which will help formulate a longer term Capital Plan for the next 10 years.

Regulation of Lobbying

Ceisteanna (424)

Seán Sherlock

Ceist:

424. Deputy Sean Sherlock asked the Minister for Public Expenditure and Reform if as part of the review of the Regulation of Lobbying Act 2015, his officials have reviewed the volume and level of returns made by organisations based overseas. [16645/17]

Amharc ar fhreagra

Freagraí scríofa

Section 2 of The Regulation of Lobbying Act 2015 provides for a review of the operation of the Act and for a report of the findings resulting from the review and of the conclusions drawn from those findings to be made. The purpose of this review is to evaluate if the legislation has met its objectives of providing appropriate transparency on "who is lobbying whom about what"; drawing on the submissions received in the public consultation process. My Department undertook the first review as required and I expect to bring the report to Government shortly. Subsequent reviews will be required every 3 years.

Responsibility for the implementation of the Regulation of Lobbying Act 2015 rests with the Standards in Public Office Commission (SIPOC). SIPOC is an independent statutory body and as such is not accountable to the Department of Public Expenditure and Reform or to the Government in the performance of its functions. However SIPOC has established a register for recording lobbying activity which may be viewed at www.lobbying.ie.  If the Deputy wishes he may search the register under any names, organisation, or Designated Public Official to see who has registered as lobbying whom about what.

A person or organisation communicating with any Designated Public Official where that interaction meets the definitions contained in the Act (that is, a person within the scope of the Act, communicating with a Designated Public Official about a relevant matter) is required to register as a lobbyist and report the communication in their return for the relevant period. The Act makes no distinctions regarding where the communication takes place. Furthermore advice may be sought from the Standards in Public Office Commission (SIPOC) if any uncertainty exists.

Determining whether a communication falls outside of jurisdiction is not based solely on whether it physically takes place outside of the country. Each case will have to be reviewed by the Regulator (SIPOC) based on its own set of facts to determine in what circumstances a communication would fall within or outside of jurisdiction, and whether and how the Act may apply.

It is recognised that there may be difficulties with extra-territorial enforcement of the Act. All those lobbying Irish Designated Public Officials outside of the State are encouraged to comply with the spirit of the legislation to ensure transparency.

State Properties

Ceisteanna (425)

Dessie Ellis

Ceist:

425. Deputy Dessie Ellis asked the Minister for Public Expenditure and Reform his plans under section 31 of the State Property Act 1954, to waive property at a site owned by a dissolved company (details supplied). [16790/17]

Amharc ar fhreagra

Freagraí scríofa

Under Section 28(2) of the State Property Act, 1954, land vested in or held in trust for a body corporate immediately prior to its dissolution, (other than land held by such body in trust for another person) becomes property of the State in the person of the Minister for Public Expenditure and Reform. The interest acquired by the Minister is described as a defeasible interest as it may be defeated by restoration of the company up to 20 years after dissolution. I as Minister for Public Expenditure and Reform have the discretion, under Section 31 of the State Property Act 1954, to waive property that has devolved to the State under Section 28 if I believe it is proper to do so having regard to all the circumstances of the case.

The land referred to by the Deputy is registered to a company that has been dissolved since 2011 and was also the subject of a recent PQ from Mr. Noel Rock T.D. on 15th February 2017. I have not, to date, received an application to waive the property referred to, but I will give due consideration to any application made.

National Parks

Ceisteanna (426)

Brendan Griffin

Ceist:

426. Deputy Brendan Griffin asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if a facility will be improved (details supplied). [16122/17]

Amharc ar fhreagra

Freagraí scríofa

My Department is aware of the need to improve the area referred to in details supplied and a survey of landing areas including the area in question within Killarney National Park has recently been carried out. Following this minor works have taken place such as the addition of new sleepers, safety wire, and non-slip surfaces. The next phase will be to engage the services of an engineer to outline what improvement works need to be undertaken.

National Monuments

Ceisteanna (427)

Mattie McGrath

Ceist:

427. Deputy Mattie McGrath asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her attention has been drawn to substantial bridge rehabilitation works which are to commence on Ardfinnan Bridge in County Tipperary, which is classified as a national monument by the National Monuments Service; if her attention has been further drawn to a request by Tipperary County Council on whether the National Monuments Service would be opposed to the erection of a stand-alone pedestrian bridge in the vicinity of the aforesaid bridge or whether the National Monuments Service would be opposed to the placement of a cantilever style pedestrian bridge onto the side of the bridge in the style of the one placed on Macroom Bridge in County Cork; and if she will make a statement on the matter. [16177/17]

Amharc ar fhreagra

Freagraí scríofa

Ardfinnan Bridge is included in the Record of Monuments and Places under section 12 of the National Monuments (Amendment) Act 1994 which requires two months notice to be given to my Department of any proposed works affecting the monument. While Tipperary County Council has given the Department outline details of options being considered for a pedestrian bridge, it is not possible for the Department to provide a substantive response in the absence of full particulars of the proposals. The Department will, however, offer the Council such guidance as it can on the basis of the information currently available.

Commemorative Events

Ceisteanna (428)

Éamon Ó Cuív

Ceist:

428. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to commemorate the anniversary of the death of Thomas Ashe in 2017; and if she will make a statement on the matter. [16214/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is continuing to mark significant events throughout the Decade of Centenaries and is being guided by the Expert Advisory Group on Commemorations in this regard. The commemorative programme for the second half of the Decade will be based on the inclusive, open and consultative approach that worked so well last year. As part of this process, consideration is currently being given to how the centenary of the death of Thomas Ashe might be appropriately marked later this year.

Mobile Telephony Services

Ceisteanna (429)

Éamon Ó Cuív

Ceist:

429. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the progress in meeting actions under the mobile phone and broadband task force implementation group, in tabular form; and if she will make a statement on the matter. [16216/17]

Amharc ar fhreagra

Freagraí scríofa

The report of the Mobile Phone and Broadband Taskforce was published in December 2016. The report includes recommendations for actions that can be taken in the short-term to improve mobile phone reception and to facilitate better broadband connection, particularly in rural areas. The report also contains 40 action points which have been agreed to progress the recommendations.

Along with the Minister for Communications, Climate Action and Environment, Denis Naughten, T.D., I established an Implementation Group to oversee progress on delivery of the actions set out in the report. The first meeting of the Implementation Group took place on 8th March last.

The Taskforce Implementation Group brings together all of the stakeholders responsible for the delivery of individual actions and is co-chaired by myself and Minister Naughten. The Implementation Group process will ensure that strong momentum and timely delivery is maintained over the coming months, and will enable early identification and proactive management of any emerging challenges.

Quarterly progress reports on the status of the actions outlined in the Taskforce report will be published following the end of each calendar quarter. A comprehensive annual review of progress will also be undertaken at the end of 2016, including feedback from a Stakeholder Forum to be held in late September.

The first quarterly progress report is currently being compiled by officials from my own Department and Minister Naughten’s Department, and will be published shortly.

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