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Tuesday, 9 May 2017

Written Answers Nos. 330-343

State Properties

Ceisteanna (330)

Brendan Griffin

Ceist:

330. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will make a building (details supplied) in County Kerry available to the community; and if he will make a statement on the matter. [21709/17]

Amharc ar fhreagra

Freagraí scríofa

As part of the Programme for a Partnership Government, the Policing Authority is currently overseeing a review of closed Garda stations. An Garda Síochána are currently carrying out this review.

The outcome of this review may influence any decision that the Commissioners of Public Works reach with regard to the future use of this property and the Commissioners advise me that they will assess the options for the property at Moyvane following the conclusion of the review.

Lease Agreements

Ceisteanna (331)

Brendan Griffin

Ceist:

331. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will extend a lease on lands (details supplied) in County Kerry; and if he will make a statement on the matter. [21606/17]

Amharc ar fhreagra

Freagraí scríofa

Negotiations with the current licensee to extend the grazing license will be initiated shortly.

Tender Process

Ceisteanna (332)

Pearse Doherty

Ceist:

332. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform his plans to revise and update existing tendering practices and procurement procedures employed across the public sector with a view to ensuring that all private companies contracted to provide goods and or services and which are in receipt of public moneys are compliant with their legal obligations and responsibilities as employers; if he will guarantee that the rights of their employees are both recognised and respected, including employee entitlements such as pay, leave and working conditions, in accordance with the law; and if he will make a statement on the matter. [21773/17]

Amharc ar fhreagra

Freagraí scríofa

The position is that when carrying out procurement procedures contracting authorities require suppliers to comply with a wide variety of legislation in areas that would include taxation, social policy, the environment and employment law. Compliance with the legislation covering these areas is rightly a matter for the relevant Department or agency. Therefore employment law, health and safety and their enforcement, are matters for my colleague Ms. Mary Mitchell O’Connor TD Minister for Jobs, Enterprise and Innovation.

Recently revised public procurement procedures require applicants to meet certain standards when applying for public contracts.  The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in Regulation 57 of S.I. No. 284 of 2016 – European Union (Award of Public Authority Contracts) Regulations 2016 and Article 57 (4a) and Recitals (100) and (101) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement.  Before an applicant, in relation to certain breaches is excluded, the applicant may make a case and provide supporting evidence as to why it should not be excluded.  The contracting authority must consider this evidence before deciding whether to exclude or include an applicant. In addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.

The Workplace Relations Commission (WPC) (comprising the former National Employment Rights Authority) is responsible for enforcing minimum statutory employment rights and entitlements in the State and, in undertaking that role, carries out a range of functions including the provision of employment rights information and the inspection of employment related records. The WPC operates a system of risk based inspections in sectors where there are identifiable risks. Inspections are also carried out in response to complaints received and routine inspections are undertaken as a control measure.

Flood Risk Management

Ceisteanna (333)

Joe Carey

Ceist:

333. Deputy Joe Carey asked the Minister for Public Expenditure and Reform if he will approve the final flood risk management plans, in view of the fact this will enable the measures set out in the plans to progress through detailed design, the relevant planning and approval processes on towards construction; and if he will make a statement on the matter. [21909/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Office of Public Works intends to submit the Flood Risk Management Plans to my Department for approval over the coming months. On receipt, my Department will undertake the necessary reviews to ensure timely approval of the plans.

Public Sector Staff Recruitment

Ceisteanna (334)

John McGuinness

Ceist:

334. Deputy John McGuinness asked the Minister for Public Expenditure and Reform the reason the Public Appointments Commission will not recognise a diploma in management and employee relations awarded in 2002 through a college (details supplied) as a HETAC level six or seven in view of the fact another college (details supplied) has been affiliated with HETAC since 2001 and the course was advertised as a major award; and if he will make a statement on the matter. [21948/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Public Appointments Service (PAS) is an independent, statutory body which provides professional recruitment and selection services to the civil service.

All candidates qualifications are examined to ensure that they meet the minimum eligibility requirements for the post.  Further details about the post and qualifications would be required in order to comment further on this matter.

Public Sector Pay

Ceisteanna (335)

Jan O'Sullivan

Ceist:

335. Deputy Jan O'Sullivan asked the Minister for Public Expenditure and Reform the planned timeframe for achieving equality of pay for those that entered the public service following the measures taken under the FEMPI legislation; and if he will make a statement on the matter. [21990/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my answer to Parliamentary Question No. 7 on the 2nd March 2017.

Flood Relief Schemes

Ceisteanna (336)

Michael McGrath

Ceist:

336. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if the OPW has concluded that the cost of planned flood relief works in Carrigaline, County Cork, exceeds the likely benefits of such works; the position in relation to the OPW's plans for flood relief works in the town; and if he will make a statement on the matter. [22056/17]

Amharc ar fhreagra

Freagraí scríofa

In the study for the Lee Catchment Flood Risk Assessment and Management (CFRAM), the Cost Benefit Analysis for Carrigaline had shown the identified flood relief measures for Carrigaline to have a Cost Benefit Ratio (CBR) of just less than 1. A ratio less than 1 indicates the costs to provide a flood relief scheme to a design level of protection (100yr fluvial and 200 year tidal) is greater that the benefits, thus the scheme would not be financially viable.

A review of the measures for Carrigaline set out in the Lee CFRAM study is being undertaken currently by the OPW. This involves a more detailed assessment of the costs of such measures with a view to determining if an economically viable measure may in fact exist that could justify the progression of the measures to full project-level assessment.

This review is expected to be completed in the second half of 2017.

Creative Ireland Programme

Ceisteanna (337)

Robert Troy

Ceist:

337. Deputy Robert Troy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the amount of funding which has been allocated and spent on promoting the Creative Ireland brand to date. [22072/17]

Amharc ar fhreagra

Freagraí scríofa

In Budget 2017, I secured €5m to commence the implementation of the Creative Ireland programme which includes an ambitious plan to deliver 10 major initiatives by the end of this year. Further details of these initiatives are available on http://creative.ireland.ie. To date, €220,000 has been spent on promotion and public engagement under the Creative Ireland Programme. This includes the hosting of Culture Ireland workshops in every county in Ireland; the development of 2 websites to inform the public and home and abroad: Creative.Ireland.ie and Ireland.ie, and the content of those sites; and the launch of the Programme in Ireland, New York, London and Washington.

CLÁR Programme

Ceisteanna (338)

Brendan Griffin

Ceist:

338. Deputy Brendan Griffin asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her views on a matter (details supplied); and if she will make a statement on the matter. [21452/17]

Amharc ar fhreagra

Freagraí scríofa

The 2017 CLÁR programme was launched on 31 March 2017 and will provide funding for small scale infrastructural projects in disadvantaged rural areas that have experienced significant levels of de-population. The allocation for CLÁR for 2017 is €5 million and funding is available under the following measures:

Measure 1: Support for Schools/Community Safety Measures

Measure 2: Play Areas

Measure 3: Targeted Community Infrastructure Needs

Measure 4: First Response Support Measure

Applications under Measures 1, 2 and 3 were to be submitted through the Local Authorities and each Local Authority based in a CLÁR area received notification of the scheme on 31 March. Measure 4 is targeted at voluntary organisations involved in emergency rescue or first response efforts.

The CLÁR scheme requires all projects under Measures 1, 2 and 3 to be based on applications made by community groups or schools; however, it was a matter for each Local Authority to determine how it wished to publicise the scheme. Any applications that are submitted to my Department for assessment that are not supported by an application from a relevant community group/school will not be approved for funding.

The closing date for applications under the 2017 CLÁR programme was Friday, 5 May 2017. I expect to be in a position to announce the successful applicants under the programme by the end of May and details of the successful applicants will be available on my Department’s website.

I see no reason why all applications made to the Local Authorities under Clár should not appear on the Local Authority websites also.

National Museum

Ceisteanna (339, 340, 341)

Peadar Tóibín

Ceist:

339. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her Department has a written oversight arrangement with the National Museum of Ireland as per the code of practice for the governance of State bodies published in 2016; and if so, if she will make a copy of this available. [21508/17]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

340. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the way in which roles and responsibilities are delineated between the National Museum of Ireland and her Department in order that effective accountability is possible only with clearly defined roles and responsibilities between her Department and State bodies; and if she will make a statement on the matter. [21509/17]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

341. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the way in which the National Museum of Ireland operates as an autonomous body as set out in the National Cultural Institutions Act 1997; the detail of this autonomy in view of the fact the museum is being funded primarily by State funds and its board is comprised of ministerial appointees; and if she will make a statement on the matter. [21510/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 339 to 341, inclusive, together.

As the Deputy will be aware, the National Museum of Ireland was established under the National Cultural Institutions Act, 1997 (the 1997 Act). Section 11 (1) of the 1997 Act sets out the principal functions of the Board of the Museum. Section 11(2) deals with the powers of the Board of the Museum. The Act also specifies certain points where the involvement of the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs is required eg section 34 where the consent of the Minister and the Minister for Finance is required to borrowing by the Board.

It should also be noted that the Code of Practice for the Governance of State Bodies, 2016, sets out the key functions which all State Boards should fulfil including: reviewing and guiding strategic direction and major plans of action, risk management policies and procedures, annual budgets and business plans, setting performance objectives, monitoring implementation and State body performance, and overseeing major capital expenditure and investment decisions.

In recent years, my Department has entered into a Service Level Agreement with the National Museum. This set out the framework for the relationship between the Department and the institution and was a performance contract in which an agreed level of service was formalised between my Department and the institution. This was to ensure that resources are used in an effective and cost effective manner to deliver quality services to the public. The Agreement set out the NMI's targets for the year and defined the output and outcome indicators on which performance should be measured. It also contains the commitments of the Department.

The Code of Practice for the Governance of State Bodies was revised in 2016. In line with the updated Code, my Department has prepared a draft Oversight Agreement and draft Performance Delivery Agreement (previously Service Level Agreement). My Department has recently written to the Board of the National Museum with regard to consideration of a draft Oversight Agreement between the Department and the Board of the National Museum.

Cycling Facilities Provision

Ceisteanna (342)

Clare Daly

Ceist:

342. Deputy Clare Daly asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs further to Parliamentary Question No. 760 of 2 May 2017, the timeline for the conclusion of the discussions to allow the council to submit its EIS statement to An Bord Pleanála (details supplied). [22016/17]

Amharc ar fhreagra

Freagraí scríofa

As it is unclear to my Department as to what exactly has been referred to, I have asked my officials to contact the Deputy directly on this matter.

CLÁR Programme

Ceisteanna (343)

Robert Troy

Ceist:

343. Deputy Robert Troy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she will expedite an application for CLÁR funding for a group (details supplied); and if she will make a statement on the matter. [22022/17]

Amharc ar fhreagra

Freagraí scríofa

The 2017 CLÁR programme was launched on 31 March 2017 and will provide funding for small scale infrastructural projects in disadvantaged rural areas that have experienced significant levels of de-population. The allocation for CLÁR for 2017 is €5 million and funding is available under four different Measures.

Measure 1 will provide support for safety initiatives such as warning signs, road markings and footpaths in the environs of schools and community facilities.

Measure 2 will support the enhancement and development of play areas in schools and communities.

Measure 3 will support innovative community-based projects that do not qualify for assistance under other public schemes.

Measure 4 will provide support to voluntary organisations that provide First Response services in rural areas, for the replacement or upgrading of equipment or vehicles used for emergency response.

The closing date for all applications under the 2017 CLÁR programme was Friday 5 May 2017. My officials do not appear to have received an application from the particular group referred to by the Deputy.

I expect to be in a position to announce the successful applicants under the CLÁR programme by the end of May.

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