Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 9 May 2017

Written Answers Nos. 307-329

Social Welfare Fraud Data

Ceisteanna (307)

Clare Daly

Ceist:

307. Deputy Clare Daly asked the Minister for Social Protection further to Parliamentary Question No. 599 of 3 May 2017, if he will provide a breakdown of fraudulent claims for each of the years from 2014 to 2016. [22112/17]

Amharc ar fhreagra

Freagraí scríofa

I understand the Deputy is referring to my reply to question number 599 of 2 May 2017.

As part of the roll-out of the Public Services Card (PSC), my Department introduced facial recognition software in March 2013 to support its efforts to combat identity fraud and impersonation. This software is used to ensure that multiple or fraudulent identities can be detected at the point where a person registers for a personal public services number (PPSN) or a PSC. Where there is suspicion that a person has attempted to gain a PSC where a Card has already been issued to a person matching the same facial profile, the matter is referred to the Department’s Special Investigations Unit (SIU) to make further enquiries and to refer the matter to An Garda Síochána for investigation and prosecution under the Criminal Justice (Theft and Fraud Offences) Act 2001, as appropriate.

As of 25 April 2017, 155 suspected cases of identify fraud have been referred to the SIU and/or An Garda Síochána. These cases are at various stages of investigation. Successful prosecutions have been finalised in court in 21 cases, with 18 people receiving custodial sentences. The Department does not compile data on the number of persons reported and charged with making fraudulent claims for social protection payments by disguising their identity given that this does not impact on the facial recognition process.

I hope this clarifies the matter for the Deputy.

Consular Services Remit

Ceisteanna (308)

Noel Grealish

Ceist:

308. Deputy Noel Grealish asked the Minister for Foreign Affairs and Trade if he will instruct the permanent mission to the UN in New York to become a member of a group (details supplied) and to continue to attend the OEWG sessions at the UN and make constructive comments regarding the content of a new convention on ageing; and if he will make a statement on the matter. [21489/17]

Amharc ar fhreagra

Freagraí scríofa

The promotion and protection of human rights is a key foreign policy priority for Ireland, and one which is largely expressed through our strong support for the international human rights framework. Binding obligations to protect the rights of older persons without discrimination are implicit in the core international human rights treaties, including the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, as well as in European human rights law. The international community has sought to address the situation of older people in particular through the adoption of the United Nations Principles for Older Persons in 1991 and the Madrid International Plan of Action on Ageing in 2002. More recently, the 2030 Agenda for Sustainable Development clearly identifies human rights, including those of older people, as integral to development and social policy. Ireland recognises that there are some shortcomings in the implementation of existing instruments and believes that efforts to improve the situation of older people should focus in the first instance on the better implementation of the existing human rights framework. In this regard, I believe it is more effective to engage in the established mechanism of the Open Ended Working Group on Ageing rather than diverting limited resources to the Group of Friends which was established following the fourth session of the Working Group in 2013 and which currently comprises Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Guatemala, Honduras, Indonesia, Kenya, Malaysia, Mexico, Panama, Peru, Qatar, Slovenia, South Africa, Trinidad and Tobago, Turkey, and Uruguay.

Non-membership of this Group of Friends should not be misconstrued as an indication of a lack of commitment to advancing the situation of older people. In September 2016, Ireland was a co-sponsor of a resolution on the rights of older persons, adopted by the Human Rights Council, which aims to contribute to the substantive understanding of how human rights standards apply to older persons and provides for the consideration of the possible elaboration of a multilateral legal instrument on the rights of older people.

The elaboration of such an instrument was discussed at the most recent seventh session of the Open-Ended Working Group (OEWG) on Ageing in December 2016, which Ireland attended. It was agreed that certain areas, including non-discrimination, ageism and social inclusion, need to be addressed in order to allow older people to fully enjoy their rights. Ireland will continue to engage in these discussions, and will participate in the next OEWG meeting in July 2017.

Humanitarian Aid Provision

Ceisteanna (309)

Darragh O'Brien

Ceist:

309. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade if he has considered funding treatment support for the Yazidi women in Iraq that have been subject to rape, torture and sexual slavery; and if he will make a statement on the matter. [21667/17]

Amharc ar fhreagra

Freagraí scríofa

In our humanitarian assistance, Ireland places a strong emphasis on the needs and vulnerabilities of women and girls in emergencies and conflict settings. A clear focus on gender equality, protection and gender based violence must be an essential part of every humanitarian operation. Since 2012, Ireland has provided just over €7.75 million in humanitarian assistance to Iraq. In 2016, over €3 million was allocated to UN and NGO partners in order to meet the urgent needs of the most vulnerable people inside Iraq, particularly in hard-to-reach areas and those who have been displaced internally. So far in 2017, we have provided €2 million to address the humanitarian crisis.

The majority of Ireland’s support has been provided to the UN Iraq Humanitarian Pooled Fund. The Fund provides support for protection services and, in particular, relief items for survivors of sexual and gender based violence.

The political turmoil which has overwhelmed many countries in the Middle East in recent years has led to increased concerns about the safety of women and children, religious minorities and other vulnerable minority groups. The only means of securing the protection of religious and other minorities across the Middle East is through the promotion of sustainable political solutions to the conflicts which have for so long destabilised the region and promoted radical and extremist ideologies. Ireland has consistently called for inclusive, democratic solutions to the unrest in the Middle East and North Africa region. In the Iraqi context, we have emphasised that the security effort must be accompanied by the implementation of the programme for national reconciliation set out by Prime Minister Abadi in late 2014 to avoid further sectarian divisions. The Department of Foreign Affairs and Trade continues to monitor actively the situation, advocating for the respect of international humanitarian and human rights law, and for equal access to humanitarian assistance by all vulnerable groups.

Foreign Conflicts

Ceisteanna (310)

Seán Crowe

Ceist:

310. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade the amount Ireland has donated to the UN's International, Impartial and Independent Mechanism on international crimes committed in Syria; if his attention has been drawn to the fact that there is a significant shortfall of $4.6 million in order to cover its budget for 2017, its first year in operation; and if his Department is working with others to ensure this shortfall is met. [21615/17]

Amharc ar fhreagra

Freagraí scríofa

Ireland, along with a group of like-minded countries, successfully pressed for the adoption of a resolution by the UN General Assembly in December 2016 to establish the International Impartial and Independent Mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed in Syria. In addition, Ireland has agreed to contribute €100,000 to the operating costs of the Mechanism. Ireland continues to work with its UN partners to support the establishment of the Mechanism and to ensure its full operational capacity as soon as possible.

Ireland currently supports a broad range of efforts to ensure full legal accountability for all war crimes and crimes against humanity committed in Syria as part of a sustainable peaceful resolution to the conflict, including the Independent International Commission of Inquiry established in August 2011 by the Human Rights Council to investigate all alleged violations of international human rights law since March 2011 in Syria. We have also consistently called for accountability and the referral of the situation in Syria to the International Criminal Court.

Ireland is also a strong and consistent supporter of the Organisation for the Prohibition of Chemical Weapons (OPCW) whose Fact Finding Mission (FFM) was set up in 2014 to “establish facts surrounding allegations of the use of toxic chemicals, reportedly chlorine, for hostile purposes in the Syrian Arab Republic”. We support their work financially with annual contributions amounting to nearly €1 million since 2014. In addition, Ireland has contributed €200,000 specifically to the OPCW-UN Joint Investigative Mission an independent mechanism established to determine the perpetrators of the use of chemical weapons in Syria. Ireland reiterated its strong support for the FFM and the OPCW-UN JIM at a recent meeting of the Executive Council of the OPCW, convened to discuss the alleged chemical weapons attack in the Syrian province of Idlib on 4 April 2017.

Passport Applications Data

Ceisteanna (311)

Thomas P. Broughan

Ceist:

311. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade the number of passports issued in 2016 and to date in 2017; the amount of revenue generated through passports being issued; the amount of revenue generated through issuing the passport cards in November and December 2016 and per month to date in 2017; and if he will make a statement on the matter. [21771/17]

Amharc ar fhreagra

Freagraí scríofa

The number of passports issued in 2016 was 733,197 and this generated total receipts of €46.9m. Between 1 January 2017 and 5 May this year 279,544 passports issued. This generated receipts of €13.6m. The monthly revenue generated by the issuance of passports cards since November 2016 is as follows:

Month

Amount

November 2016

€53,755

December

€37,310

January 2017

€72,140

February

€69,030

March

€72,345

April

€146,755

The revenue streams are appropriations in aid and are remitted directly to the Exchequer.

The passport is a key travel and identity document. The processing of applications by the Passport Service involves the deployment of significant resources including resources to develop new business processes to modernise enrolment, checking and production systems and improve customer service. Software solutions and data analytics, including facial recognition, are also deployed to combat identity theft and maintain the integrity and high international reputation of the Irish passport.

The passport card gives adult Irish passport holders the option of a credit card-sized travel document for travel to 31 countries in total, including the EU/EEA plus Switzerland.

I launched a new online passport application service (www.dfa.ie/passportonline/ ) at the end of March. Adults can now submit their passport renewal applications online wherever they are in the world. The passport card application is an integral part of this new, online service.

Passport Application Refusals

Ceisteanna (312)

Michael Ring

Ceist:

312. Deputy Michael Ring asked the Minister for Foreign Affairs and Trade the reasons documentation provided as proof of use of name for a passport renewal was rejected for a person (details supplied); and if he will make a statement on the matter. [21772/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, all passport applications are subject to the terms of the Passports Act, 2008 (the Act). The Act provides the legal basis for the policies and practices that are applied by the Passport Service. Section 10 of the Act broadly provides that a passport will issue in the name of a citizen as it appears on his/her birth certificate. Issuing a passport in a different name is permitted under the Act in situations such as marriage, adoption or gender reassignment, where civil or legal documents are available to verify the change. In all other cases where an individual wishes to apply for a passport in a different name, the Act specifically requires evidence of usage over a two-year period.

Given that a name change effectively replaces an existing identity with a new one, the Passport Service must ensure that stringent checks are in place to mitigate any associated risks. The documentary requirements in support of a name change are detailed on my Department’s website as follows:

“Two years’ proof of usage of the new name, e.g. any two of the following: photo ID document, payslips, utility bills, Government correspondence. For minors, school reports, letter from GP”.(www.dfa.ie/passports-citizenship/top-passport-questions/documentary-requirements-passport-applications/).

The Passport Service’s practice is in line with the relevant legislation and is intended to safeguard the high international reputation of the Irish passport and, in turn, protect the wellbeing and security of our citizens travelling abroad.

I am informed by officials in the Passport Service that the person in question wishes to have a passport issued in a name other than that on his birth certificate but that he has not supplied acceptable supporting documentation. The Passport Service has advised the applicant of the requirements. Until such a time as the applicant can provide the relevant documents, the Passport Service, in line with the Act, will be unable to issue a passport in the alternative name.

Passport Applications

Ceisteanna (313)

Fergus O'Dowd

Ceist:

313. Deputy Fergus O'Dowd asked the Minister for Foreign Affairs and Trade if a required passport can be expedited for a person (details supplied) in order for them to complete their requirements before the deadline. [21853/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by officials in the Passport Service that the passport in question was already in production prior to receipt of this Parliamentary Question and has been dispatched. As the Deputy will be aware, the Passport Service is currently processing over 80,000 applications. Every effort is made to issue passports as swiftly as possible within the constraints of resources and in a way that is fair and equitable to all citizens.

Overseas Development Aid Oversight

Ceisteanna (314)

Robert Troy

Ceist:

314. Deputy Robert Troy asked the Minister for Foreign Affairs and Trade the way the level of overseas aid is decided each year; and the criteria which determines the eligible projects. [21943/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is strongly committed to Ireland’s overseas aid programme, and to its place at the heart of our foreign policy. In the Programme for Government we have set out our ambition to make progress towards the UN target of providing 0.7% of GNP to Official Development Assistance (ODA) as resources permit.

Over the past two years we have managed to increase funding allocations for ODA, providing an increase of €40 million in 2016 and a further €10 million for 2017. The total 2017 allocation for ODA is €651 million.

Annual Budget allocations for ODA, as with all public expenditure, are a matter for Government, and are set in the context of available resources, our commitments and competing budgetary demands. For 2018, when the Estimates process begins, I and the Minister for Foreign Affairs and Trade will be making the strongest possible case for a continued increase in the allocation to ODA.

Our priorities for the aid Programme are very clearly laid out in our policy -‘One World One Future’. In line with our commitment to the 2030 Agenda and the Sustainable Development Goals, our aid programme is sharply focused on delivering our goals of reducing poverty and hunger, promoting inclusive and sustainable growth and building more equitable and better systems of governance, particularly in our key partner countries.

Detailed financial allocations are made annually across the aid programme in response to existing needs, humanitarian crises and overall programme priorities. Clear criteria are in place to inform the budget allocation process. Sub-Saharan Africa remains our priority region, where we direct assistance to the poorest communities, particularly in our key partner countries. Our aid programme focuses on delivering real and sustainable improvements to the lives of some of the world poorest and most vulnerable people in the areas of basic health, education, agriculture, and food production.

Grants to partners are made to support development and humanitarian programmes. Eligible partners include civil society organisations and missionary organisations, multilateral organisations and national and local governments in partner countries. All partners are assessed to ensure that they have the appropriate governance systems in place, that they can ensure proper accountability of funds and that they have the capacity to deliver effectively.

Human Rights Cases

Ceisteanna (315)

Seán Crowe

Ceist:

315. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the concerning developments in the urgent case of a person (details supplied); and if he will protest the person's arbitrary, punitive and unlawful detention with the Bahraini authorities. [21974/17]

Amharc ar fhreagra

Freagraí scríofa

I am familiar with the case of the person in question, with his work as a human rights defender, and with his treatment by the Bahraini authorities since June 2016, and indeed before this. My Department has recently been made aware of his health issues, which have reportedly deteriorated seriously during his most recent incarceration. Last week, officials from my Department also had correspondence with the Bahraini Embassy in London on this specific case.

Ireland attaches a high priority to safeguarding human rights defenders, and has continually advocated for freedom for civil society actors to operate in a safe and enabling environment, without repression. In August 2014, officials from my Department met with the individual who is the subject of this Question, and discussed the situation of human rights in Bahrain with him. In October 2015, the Bahrain National Institution for Human Rights (BNIHR) came to Ireland on a training visit, which included meetings with Irish human rights and civil society organisations. Officials from my Department also met with this group, and set out Ireland’s support for human rights promotion across the Middle East region. We also engage with a number of Irish and international NGOs on human rights issues in Bahrain.

Ireland’s concerns about human rights issues in Bahrain, in particular around civil liberties, are also regularly conveyed to the Bahraini authorities. In March, officials from my Department met with an official from the Bahraini Embassy in London to discuss the human rights situation in Bahrain, and this specific case was discussed. My officials also raised ongoing human rights issues with Bahrain in the context of Bahrain’s Universal Periodic Review, which took place in Geneva last week. In advance of this review, in early February the Irish Mission to the UN in Geneva supported an event by the Bahrain Center for Human Rights.

Further, Ireland’s (non-resident) Ambassador to Bahrain met with the Bahraini Deputy Minister for International Affairs, Abdullah Bin Ahmed Al Khalifa, at the beginning of this year and they discussed human rights. As such, my Department utilises all possible opportunities to express Ireland’s concerns about the human rights situation in Bahrain to the Bahraini authorities, and the case of this individual in particular has been raised where appropriate.

The Deputy puts this question to me at a time where we have witnessed some deterioration in the human rights situation in Bahrain, in particular in the targeting those who express dissent or criticism of the Bahraini Government. My Department will continue to monitor the situation in Bahrain, including this particular case, and will also continue to call on the Bahraini Government to make good on their stated commitment to make progress in the area of human rights.

United Nations

Ceisteanna (316)

Shane Cassells

Ceist:

316. Deputy Shane Cassells asked the Minister for Foreign Affairs and Trade the way in which Ireland voted during a recent vote at the United Nations in relation Saudi Arabia's seat on the United Nations Commission on the Status of Women; the reason for the position taken at the vote; and if he will make a statement on the matter. [22110/17]

Amharc ar fhreagra

Freagraí scríofa

At the UN voting on resolutions takes place in public and there is transparency about the policy positions adopted by countries.

Since 1947 the rules of procedure governing General Assembly elections provide that UN elections take place by secret ballot. The well-established convention among the 193 Member States of the UN is that votes are not publicly disclosed as to do so could seriously damage bilateral relations between States. It would also likely seriously disadvantage smaller States. Accordingly, I do not propose to abandon a practice that has been in place for over six decades and observed by all previous governments. To do so would be harmful to Ireland’s capacity to engage at the UN and harmful to our capacity to conduct sensitive international relations.

It should be noted that in the election to the Commission on the Status of Women, the Asia-Pacific Group put forward five countries for five seats on the 45-member Commission which produces non-binding conclusions on an annual basis.

Ireland has a very strong record on promoting the rights of women and girls at the United Nations. We are a leading voice in this field and we currently chair the Commission for the Status of Women.

Election Monitoring Missions

Ceisteanna (317, 318, 319)

Clare Daly

Ceist:

317. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if long-term observers sent by his Department are paid remuneration; if so, the levels at which; if selection for such assignments is subject to confirmation that the observer is currently tax compliant; and if he will make a statement on the matter. [22149/17]

Amharc ar fhreagra

Clare Daly

Ceist:

318. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade the amount spent on sending election observers abroad in each of the past three years and to date in 2017; the categories of election observers and others that are entitled to the payment of the unvouched observer grant of €600; if the payment of this grant is subject to confirmation that the beneficiary is currently tax compliant; if there are circumstances in which this grant is repayable; if so, the details of same; the items the grant covers; when and the way in which the amount was determined at the current level; his plans to expand payment of this grant to professional election observers not connected with the 2013 roster that volunteer their expertise abroad; and if he will make a statement on the matter. [22150/17]

Amharc ar fhreagra

Clare Daly

Ceist:

319. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if his attention has been drawn to concerns that approximately a third of the 2013 election roster members have not responded to calls to observe elections; if his Department has conducted research into the reasons for such non participation; if so, the reasons identified; if there is a process to replace such persons with new election observers; and if he will make a statement on the matter. [22151/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 317 to 319, inclusive, together.

International election monitoring missions play an important role in the promotion of democracy and human rights. The Department of Foreign Affairs and Trade maintains a roster of individuals who are available to participate in election observation missions organised in the main by the OSCE and the EU.

Members of the roster who are nominated as long or short term election observers by the Department do not receive remuneration. They are paid a daily allowance, determined by the EU and the OSCE, based on local cost of living, to cover the cost of food, accommodation and expenses. The Department does not seek tax clearance certification from observers prior to participation in a mission.

The table below sets out the costs of deploying election observers, together with the numbers and categories of observers and elections observed, for the years 2014, 2015, 2016 and to date 2017.

Year

Long Term Observer

Short Term Observer

No. of Countries to which Observers were deployed

Total costs

2014

9

44

11

€156,255

2015

13

33

14

€137,271

2016

14

54

16

€253,677

2017

2

5

2

€27,185

The grant of €600 is paid once in a 12-month period, to cover pre-departure expenses including vaccinations and transport costs ahead of travel to the country in question. The election observation roster is the only means through which the Department provides a structure to support Irish election observers. A number of independent NGOs also send monitors to observe elections throughout the world and the Department is aware of a number of Irish nationals who have deployed on such missions. These individuals can, of course, avail of consular advice and assistance, but are not eligible for the pre-departure grant, which is only paid to observers who have succeeded in being selected for the election roster.

In relation to the level of response from roster members to calls to observe elections, the situation is that 133 members of the current roster have taken part in missions since 2013. 61 members have not yet done so. A significant factor in this is that the number of applicants for election missions is always higher than the number of available places. I understand that some 29 members of the current roster have yet to apply to participate in a mission, which represents under 15% of the membership. As has been the practice to date, all roster members will be invited to apply to participate in any mission to which Ireland proposes to deploy observers, with a view to ensuring the widest possible participation in election missions by roster members. It is envisaged that the current roster will operate until May 2018.

Office of Public Works Projects

Ceisteanna (320)

Thomas P. Broughan

Ceist:

320. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the security measures that will be put in place once Seanad Éireann temporarily relocates to the National Museum of Ireland; the fire safety measures to be implemented; if these will require additional structural amendments to the building; and if he will make a statement on the matter. [21623/17]

Amharc ar fhreagra

Freagraí scríofa

The works relating to the temporary relocation of Seanad Éireann to areas of the National Museum of Ireland require consideration under the provisions of Part 9 of the Planning and Development Regulations 2001 (as amended). The design and specification of the works necessary as a result of this relocation take full account of the security and fire safety considerations arising with this temporary move and also any structural amendments to the building arising from these works.

As the written submissions and observations received under that process are still under consideration, it would not be appropriate to comment further on this matter.

Public Procurement Contracts Data

Ceisteanna (321)

David Cullinane

Ceist:

321. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the number of tender competitions for building construction over €250,000 issued to construction companies over each of the past six years; the initial cost of each tender at contract award stage; the agreed final account or total amount paid in each case; the reasons for and details of overruns; the specific procurement method in each tender or contract award case; if former employees were engaged at any stage on construction projects; and if he will make a statement on the matter. [21517/17]

Amharc ar fhreagra

Freagraí scríofa

The Department of Public Expenditure and Reform allocates capital funding between departments/sectors, on a multi-annual basis, based on the Government's capital plan. Responsibility for selecting the individual projects to be funded within the various departmental/sectoral allocations is then a matter for the relevant individual Minister to decide, based on their priorities for the sector (and subject to agreement by Government, where necessary).

Capital expenditure is sanctioned through the line departments or bodies given a delegated sanctioning role by those departments. These 'sanctioning authorities' are responsible for monitoring the projects and dealing with cost overruns that arise within their capital sanctions. The Public Spending Code published by my Department sets out the principles which apply in relation to project appraisal, value for money etc., and which continue to apply throughout the implementation phase.

A project must complete the review stages set out in the Public Spending Code before sanction is given to go out to tender. At each review stage the project is evaluated to ensure it continues to meet its objectives, the budget is reviewed and adjustments undertaken as necessary. Once tenders are received the sanctioning authority must review the tender report and give permission for a contract to be awarded with an established construction budget.

It is a matter for the contracting authority who has awarded the contract to manage its performance thereafter and report on budgetary matters to the capital sanctioning authority concerned. The extent of cost increases on individual capital projects is a matter for each sanctioning authority, the details are not held centrally and therefore cannot be provided by my Department.

All public works projects that are delivered under the Exchequer-funded element of the Government's capital plan must be procured in accordance with the provisions laid down in the Capital Works Management Framework (CWMF). The CWMF is mandated by circular and was developed to provide 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 structure of this strategic framework complements the Public Spending Code.

A central pillar to the successful outcome of a construction project is a clearly defined set of contract conditions. The standard public works contract which must be used without amendment (unless otherwise sanctioned) is a lump sum, fixed-price contract and includes, amongst other important elements, a set of tightly defined circumstances where the contract sum and the project's completion date may be adjusted. It is a general principle that public works projects are put out to tender on the basis of a comprehensively defined set of project requirements so that tenderers can provide a lump sum price for the completion of the project.

Notwithstanding that, the conditions of construction contracts must make provision for change after the contract is awarded whether that is due to unforeseen circumstances or brought about by a change in the contracting authority's requirements. Careful management pre-procurement is required to ensure that neither scenario arises since changes are disruptive and costly in the construction phase. Public procurement law also recognises both eventualities and Article 72 of the EU 2014 Procurement Directives sets limits for both types of changes. Where these limits are exceeded a new procurement process is required.

With regard to the engagement of former employees of the public service on construction projects it is incumbent on contracting authorities to ensure that a conflict of interest does not arise in the procurement of public contracts generally. Article 24 of 2014/24/EU makes specific provision in this regard.

A key element of the Public Service Reform agenda is to reduce costs and achieve better value for money through reform of public procurement. In 2012 the Office of Government Procurement (OGP) was established as an office under my Department to lead on the Public Procurement Reform Programme by:

- Integrating procurement policy, strategy and operations in one office;

- Strengthening spend analytics and data management; and

- Securing sustainable savings

Much of the information sought by the Deputy up to and including the award of the contract is provided by contracting authorities as part of their obligations under procurement rules. Under EU Directives on public procurement public works, supplies and service contracts above certain thresholds must be advertised on the Official Journal of the EU (OJEU) and awarded on the basis of objective and non-restrictive criteria. For works contracts the current threshold is €5.225 million.

In relation to contracts valued below the EU thresholds, the general requirement is that works contracts above €50,000, be advertised on the national eProcurement portal www.etenders.gov.ie. It should be noted that not all contract notices give rise to a contract award.

The EU Directives require contract award notices for contracts above EU thresholds to be published in the OJEU not later than 30 days of the award of the contract. Guidelines in Circular 10/14 issued by my Department also require public bodies from 1 August 2014 to publish all contract award notices over €25,000 on eTenders. The publication of contract award notices is facilitated by the OGP through eTenders. It is important to note that the OGP does not validate the contract award data entered by contracting authorities on eTenders and this information does not constitute a contract repository.

The information sought by the Deputy relating to the tender and award of contracts has been forwarded in an excel spreadsheet from the data input by contracting authorities on eTenders. It is structured in columns setting out Tender ID; Contract Type; Contracting Authority; Tender Name; Procurement Procedure Type; Contract Award Value (for contracts above EU threshold, and below EU threshold contracts from 1 August 2014); Date of Publication of Contract Notice.

The OGP migrated to a new eProcurement platform in 2012 and, even though contracts were required to be published on the eTenders platform since well before this date, it is not possible to distinguish notice types prior to that date. The information provided from the current eTenders platform is all works contract notices (for projects with a value in excess of €50,000) published on the eTenders system from November 2012 (when the current version of eTenders became operational) to December 2016.

For the purposes of the response the Deputy should note that all contracts for commercial semi-state bodies have not been included on the basis that they are typically funded from their own revenue streams. It is acknowledged that some of these contracts may have been funded by the taxpayer but the source of funding cannot be determined from the contract notice. It should also be noted that the list of contract notices include framework agreements which are not, in and of themselves, contracts. Once a framework is concluded, contracts may be awarded in accordance with the call off rules for the framework. The list also includes Prior Information Notices (PIN) which are early indicators to the market of an intention to publish a tender within 12 months of the publication of the PIN, they do not necessarily result in the publication of a contract notice which initiates a tender.

Public Sector Pensions

Ceisteanna (322)

Michael Ring

Ceist:

322. Deputy Michael Ring asked the Minister for Public Expenditure and Reform the Civil Service pension entitlements of a person (details supplied) who worked as a clerical officer. [21520/17]

Amharc ar fhreagra

Freagraí scríofa

My Department is currently making efforts to establish the entitlements of the person whose details have been supplied.

Cosaint Fostaíochta

Ceisteanna (323)

Catherine Connolly

Ceist:

323. D'fhiafraigh Deputy Catherine Connolly den Aire Caiteachais Phoiblí agus Athchóirithe i gcás ina ndéantar tromaíocht ar Státseirbhíseach nó ina gcaitear go héagórach leis nó léi ar shlí eile, an bhfuil an ceart ag an Státseirbhíseach, mar atá ag fostaithe eile, cás a thógáil chun an Choimisiúin um Chaidreamh san Áit Oibre chun é féin nó í féin a chosaint; agus mura bhfuil an ceart sin aige nó aici, cén chaoi ar féidir leis nó léi faoiseamh a fháil, agus cé na pleananna atá ag an Aire chun an ceart sin a chur ar fáil do Státseirbhísigh agus d’fhostaithe uile an Stáit; agus an ndéanfaidh sé ráiteas ina thaobh. [21525/17]

Amharc ar fhreagra

Freagraí scríofa

Tá rochtain ag Státseirbhísigh ar achomhairc tríú páirtí leis an gCoimisiún um Chaidreamh san Áit Oibre le haghaidh éilimh bunaithe ar chearta (M.sh saoire mháithreachais, saoire thuismitheoireachta srl.). Tá rochtain ag Státseirbhísigh ar sásraí tríú páirtí éagsúla le haghaidh éilimh mar gheall ar leas an duine (M.sh caidreamh tionsclaíoch, casaoidí srl) mar shampla an Bord um Achomhairc Smachta le haghaidh imeachtaí araíonachta agus an t-oifigeach idirghabhála do chasaoid aonair.

Civil servants have access to third party appeals in the WRC for rights based claims (e.g. maternity leave, parental leave, etc.). For interest based claims (e.g. industrial relations, grievances etc), civil servants have access to a range of third party mechanisms such as the Disciplinary Appeals Board for disciplinary issues and the Mediation Officer for individual grievances.

Tuarastail Rannach

Ceisteanna (324)

Catherine Connolly

Ceist:

324. D'fhiafraigh Deputy Catherine Connolly den Aire Caiteachais Phoiblí agus Athchóirithe Caiteachais Phoiblí agus Athchóirithe i dtaca leis an liúntas ar a dtugtar PCW 1% go coitianta: 1. i ngnáth-theanga agus i dtéarmaí praiticiúla, céard is cuspóir don liúntas sin; 2. cé acu aicmí a fhaigheann an liúntas agus cé acu comhlachtaí stáit a íocann é; 3. cén fhormhaoirseacht a dhéanann a Roinn ar fheidhmiú na scéime; 4. i gcás ró-íocaíochta, cén treoir a thugann a Roinn i dtaca leis an airgead a fháil ar ais; 5. i gcás ró-íocaíocht le duine atá imithe ar scor, cén treoir a thugann a Roinn i dtaca leis an airgead a fháil ar ais; 6. i gcás ró-íocaíocht le duine atá imithe ar scor, an molfadh an tAire an ró-íocaíocht a thógáil ar ais as an mbuiséad do bhlianta tar éis don duine dul ar scor; agus an ndéanfaidh sé ráiteas ina thaobh. [21526/17]

Amharc ar fhreagra

Freagraí scríofa

Tugadh an íocaíocht, a thagraíonn an Teachta di, isteach faoi na forálacha do chomhaontuithe cómhargála don Clár um Iomaíochas agus Obair 1994 – 1996.

 Íocadh 1% Clár um Iomaíochas agus Obair bunaithe ar na hathruithe ar an gclár bainteach le coigiltis agus feabhsúcháin sna Ranna/Oifigí ábhartha. Ina theannta sin, thug sé solúbthacht don bhainistíocht díriú isteach ar éifeachtúlacht agus éifeachtacht a mhéadú.

Bhain na harduithe le Seirbhísigh Phoiblí agus le Státseirbhísigh uile. Cuireadh an 1% Clár um Iomaíochas agus Obair i bhfeidhm trí scálaí pá feabhsaithe, m.sh Scálaí níos aire nó liúntas a íoc le hoifigigh aonair ar bhonn buan nó ar bhonn sealadach.

Cé go raibh an chreatlach leis an 1% Clár um Iomaíochas agus Obair a úsáid forbartha ag an Roinn seo i gcomhpháirtíocht leis na ceardchumainn agus leis na comhlachtaí ionadaíocha ábhartha, is ceist é a bhaineann leis na Ranna/Oifigí ábhartha an dóigh a ndéanann siad an chreat don beartas a bhainistiú.

Tá beartais éagsúla forbartha agus curtha i bhfeidhm ag an Roinn seo a bhaineann le ró-íocaíochtaí tuarastail. Leagadh amach na socruithe riaracháin do na haisíochtaí seo, aisghabháil ó na teidlíochtaí pinsean san áireamh, i gciorclán 10/2017 Ró-íocaíochtaí tuarastail, liúntais agus costais do bhaill foirne/iar-bhaill foirne/phinsinéirí a aisghlámadh”.

The payment to which the Deputy refers was introduced under the provisions of the local bargaining arrangements of the Programme for Competitiveness and Work 1994 to 1996 (PCW).

The PCW 1% was paid on the basis of the implementation of changes involving savings and improvements in relevant Departments and Offices. Furthermore it provided management with flexibility in addressing and enhancing efficiency and effectiveness. 

The PCW increases applied to all public and civil servants. The PCW 1% was implemented in the Civil service either by way of enhanced pay scales i.e. Higher Scales or alternatively by way of the payment of an allowance to individual officers on a permanent or temporary basis. 

While the framework for utilising the PCW 1% was developed by this Department, in consultation with the relevant unions and representative bodies, the management of the framework policy is a matter for individual Departments and Offices.

In respect of overpayments of salary, this Department has developed and implemented a number of policies which address the issue. Most recently Circular 10/2017 Recovery of Salary, Allowances, and Expenses Overpayments made to Staff Members/Former Staff Members/Pensioners set out the administrative arrangements for the repayment of such overpayments, including recovery from pension entitlements.

Pension Provisions

Ceisteanna (325)

Pearse Doherty

Ceist:

325. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he has received a letter from this Deputy dated 3 April 2017 concerning the issue of pension entitlement for community employment scheme supervisors and assistant supervisors; when a response will issue; and if he will make a statement on the matter. [21590/17]

Amharc ar fhreagra

Freagraí scríofa

It is expected that a reply will issue to the Deputy shortly.

Public Sector Pensions Data

Ceisteanna (326)

Catherine Murphy

Ceist:

326. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he will provide the distribution of public sector pensions in €5,000 bands (details supplied) for each of the years 2015 and 2016 in tabular form; and if he will make a statement on the matter. [21593/17]

Amharc ar fhreagra

Freagraí scríofa

Based on the data available to my Department, the following table sets out the estimated pension distribution position at end-2015. As a data set for 2016 is not available to this Department, it is not possible to provide this information in respect of the end-2016 position.

From

To

Estimated Number of Pensions in Payment

Less Than

€10,000

51,300

€10,000

€15,000

14,600

€15,000

€20,000

17,000

€20,000

€25,000

12,700

€25,000

€30,000

13,400

€30,000

€35,000

18,600

€35,000

€40,000

13,100

€40,000

€45,000

5,900

€45,000

€50,000

3,400

€50,000

€55,000

1,700

€55,000

€60,000

1,300

€60,000

€65,000

400

€65,000

€70,000

200

€70,000

€75,000

300

€75,000

€80,000

400

€80,000

€85,000

200

€85,000

€90,000

100

€90,000

€95,000

100

€95,000

€100,000

100

Flood Prevention Measures

Ceisteanna (327, 328, 329)

Pearse Doherty

Ceist:

327. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the scores recorded for each area across the State in which a cost-benefit analysis of planned flood defence schemes has been conducted by the OPW and the relevant authorities, in tabular form; the minimum cost benefit score required to be achieved by an area in order for scheme works to be deemed viable; and if he will make a statement on the matter. [21673/17]

Amharc ar fhreagra

Pearse Doherty

Ceist:

328. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the steps which will be taken to provide flood protection and defences in areas in which schemes have been deemed to be financially unviable; and if he will make a statement on the matter. [21674/17]

Amharc ar fhreagra

Pearse Doherty

Ceist:

329. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the parameters used and methodology employed in order to assess each flood defence scheme; and if he will make a statement on the matter. [21675/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 327 to 329, inclusive, together.

The core strategy for addressing areas at potentially significant risk from flooding is the OPW's Catchment Flood Risk Assessment and Management (CFRAM) Programme. The Programme is focussing on 300 Areas for Further Assessment (AFAs) including 90 coastal areas, mainly in urban locations nationwide, identified as being at potentially significant risk of flooding. It is the principal vehicle for implementing the EU Floods Directive and national flood policy.

The Programme, which is being undertaken by engineering consultants on behalf of the Office of Public Works (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 OPW is finalising the Flood Risk Management Plans that will be submitted to the Minister for Public Expenditure and Reform for his approval.

In arriving at a preferred measure, the OPW having assessed the flood risk for each area considered a wide range of flood risk management options. These ranged from non-structural methods that comprise actions typically aimed at reducing the impacts of flooding to structural works that reduce flood flows or levels in the area at risk or that protect the area against flooding.

The OPW consulted on the possible feasible options for each AFA with the public and communities in the AFAs during the end of 2015 and the first half of 2016.

Deciding which option best addresses the flood risk for each area was decided against agreed Flood Risk Management Objectives. The Objectives are aimed at considering potential benefits and impacts across a broad range of factors including:

- Economic - costs relative to economic benefits

- Environmental and Cultural - impacts for the environment and assets and collections of cultural importance

- Social - impacts for people, the community and society

- Technical - effectiveness in managing or reducing flood risk

While each of these factors is treated equally, there are a range of objectives within each that are prioritised by their importance. These Flood Risk Management Objectives and their relative scores were developed by the OPW through separate and extensive public consultation.

Each of the possible options for each AFA (except those assessed to have a low risk) was tested and scored against these objectives to determine how well each option contributes towards meeting the defined goals.

The option that best meets the objectives was identified in the draft Flood Risk Management Plan as the preferred measure for an area and a further local and statutory consultation was completed by the OPW on these draft Plans during the second half of 2016.

While the information in relation to the costs for each measure are not available at this time, major defence schemes are only considered to protect against a 100 year flood risk and where the benefits at least equal the costs. In cases where a scheme is technically viable and has a benefit to cost ratio greater than 0.5 but less than 1, a more detailed assessment of the costs can be progressed to determine if an economically viable measure may in fact exist that could justify the progression to full project-level assessment.

The OPW operates a Minor Flood Mitigation Works and Coastal Protection Scheme to provide funding to local authorities to undertake minor flood mitigation works and coastal protection measures within their area. The scheme is available for projects that are estimated to cost up to €500,000 in each instance. Applications are considered in the context of specific technical, economic, social and environmental criteria. Proposals must meet a minimum benefit to cost ratio of 1.5:1 in order to qualify. Further details on the scheme are available on the OPW website, www.opw.ie.

The Minister for Public Expenditure and Reform in September 2015 announced details of a €430 million six-year programme of capital investment on flood defence measures as part of the Government’s overall Capital Investment Plan 2016 – 2021. During this time, the annual allocation for flood defence schemes will more than double to €100 million.

The flood protection capital programme 2016 – 2021 will build on the very significant investment that has already been undertaken in flood relief works throughout the country over the last 20 years. It will provide the means to provide feasible protection to homes and businesses in major urban areas together with investment in many minor works projects to address more localised flooding problems.

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