Written Answers Nos. 371-390
371. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the timeframe for the appointment of a safety officer of national monuments which was advertised and interviewed for earlier in 2017 (details supplied); and if he will make a statement on the matter. [27259/17]
Amharc ar fhreagraAn internal recruitment competition for the position of Foreperson, Grade 1 (Safety Officer) in the National Monuments Service of the Office of Public Works (OPW), was held in late 2016 and the panel formed thereafter will remain in place for a period of two years.
In tandem, the OPW has also been engaged in the last several months in a gradual programme to progressively replace some of the gaps in staffing which have occurred over the last several years with a view to restoring the capacity of the organisation to respond at the key operational levels. The restored organisation will have a strong focus on a number of key priorities, including the delivery of necessary works projects and Health & Safety practice and management in particular.
The OPW will continue therefore in the context of developing the renewed organisation to give full consideration to appointing necessary H&S supports to operational needs and priorities. However no definite plans have been made in this regard as yet until a full assessment of needs and available resources has been made.
372. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if retired public servants will be represented at the pay talks by associations representing specifically retired public servants; if an organisation (details supplied) are or will be participants in the talks; and if he will make a statement on the matter. [27275/17]
Amharc ar fhreagraWhen inviting the Public Services Committee of the Irish Congress of Trade Unions last month to the public service pay talks, which have now concluded, I indicated that a separate process of consultation would take place with an association representing public service pensioners. That process is ongoing, and my officials met recently with representatives of the Alliance of Retired Public Servants, who articulated the concerns and interests of public service pensioners in relation the impact of the Financial Emergency Measures in the Public Interest (FEMPI) legislation on pensions in payment through the operation of the Public Service Pension Reduction (PSPR) and related matters. A further meeting is planned.
The period since the Alliance’s engagement with my Department commenced in 2013 has been marked by notable legislated pension improvements for many public service pensioners. Specifically, public service pensioners are benefitting significantly from the substantial reversal of the cuts to public service pensions above specified thresholds which were originally imposed by way of the Public Service Pension Reduction (PSPR) under the FEMPI legislation.
I and my Department are fully committed to maintaining the well-established dialogue with the Alliance of Retired Public Servants. Through ongoing recourse to that dialogue process, I believe that retired public servants and their representatives can be confident that their pension concerns will receive full and proper consideration as they have done in the past.
373. Deputy Clare Daly asked the Minister for Public Expenditure and Reform his plans regarding retaining the link between occupational pensions received by public service pensioners and the wages or salary of the person's grade at retirement. [27292/17]
Amharc ar fhreagra378. Deputy Eamon Scanlon asked the Minister for Public Expenditure and Reform his plans to restore pro rata pension increases for retired public sector workers; and if he will make a statement on the matter. [27394/17]
Amharc ar fhreagraI propose to take Questions Nos. 373 and 378 together.
In the past, the occupational pensions of public service pensioners were generally adjusted in line with changes in the wages or salary of the pensioner's grade at retirement. Sometimes referred to as "pay parity", this non-statutory linkage lapsed in 2010, when the values of pensions in payment were left unchanged notwithstanding salary cuts at the beginning of that year which affected all public servants under the financial emergency legislation.
Due to a grace period associated with the 2010 salary cuts, public servants, who retired in the 26 months following those cuts, i.e. in the period to end-February 2012, had their pensions based on the higher pre-cut salary levels. This has lead to the current situation whereby post February-2012 retirees, on a like-for-like basis, mostly receive lower pensions than their earlier-retired counterparts.
In addition, since the beginning of 2011 a progressively-structured "Public Service Pension Reduction" (PSPR) has decreased the values of public service pensions above specified thresholds. A significant part-reversal or unwinding of PSPR is under way as set out in the Financial Emergency Measures in the Public Interest Act 2015.
The lapsing of pay parity along with the pension differential arising between pre and post-2012 retirees, have created the conditions under which, as we move beyond "FEMPI" legislation and the progressive removal of the Public Service Pension Reduction (PSPR) 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 has required consideration.
In this context, Section 6.2 of the proposed Public Service Stability Agreement 2018-2020, which was published last week, indicates that, over the duration of that agreement if ratified, policy on public service pensions in payment will be guided by the following three elements:
First, the need to adopt an equitable approach to the various public service pensioner cohorts differentiated by date of retirement (in particular pre and post end-February 2012) is affirmed.
Second, for those who retired or will retire post end-February 2012, to the extent that they retired on reduced salaries for pension award purposes, they will receive pension increases in line with pay increases received by their peers currently in employment in accordance with the terms of the collective agreement.
Third, when alignment is achieved between pre and post end-February 2012 pensioners, as will happen progressively for salary ranges up to €70,000 in 2020 under the proposed collective agreement, pay increases will continue to benefit pensions in payment for the duration of the agreement.
375. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform if all the persons that have been hired by the Garda Commissioner to form part of the Charleton liaison committee were sanctioned by his Department and were employed following a full public procurement process; and if so, the details of same. [27344/17]
Amharc ar fhreagraMy Department provided sanction for additional resources to support the work of the Disclosures Tribunal in early May of this year. This was in response to a recommendation from the Department of Justice and Equality which outlined the need for extra resources to support the timely completion of the work of the Tribunal and also to minimise any potential negative impacts on delivery of the Garda Modernisation and Renewal Programme. The Department of Justice advised my Department that it fully considered the request from An Garda Siochana and was satisfied that it was an appropriate approach.
The sanction related to a small number of individuals (i.e. two retired members of An Garda Síochána and one civilian). In the event, my understanding is that the civilian was not re-hired. The Deputy should note that the specific process undertaken to rehire the two former members is a matter for the Garda Commissioner.
It is also worth noting that sanction was provided to engage a solicitor subject to compliance with all relevant procurement guidelines.
376. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform further to parliamentary Question No. 215 of 6 April 2017, the reason his Department does not publish details of the projected annual cost of individual PPP projects over their lifetime. [27366/17]
Amharc ar fhreagraMy Department's primary role in relation to PPPs is to facilitate the PPP process centrally by developing the general policy framework (including, where necessary, the legal framework) and the capital investment policy framework within which PPPs operate and by providing central guidance to Departments and other State Authorities in that context.
Financial responsibility for individual PPP and concession projects rests with the relevant Sponsoring Department or agency.
My Department publishes a full suite of guidance to facilitate the PPP process, which is available on the Central PPP Unit's website at www.ppp.gov.ie. The website also contains details in respect of each individual PPP and Concession project, collected by my Department from the relevant Sponsoring Department or agency, on the contractual capital value, cost of unitary payments paid to date, future contractual commitments and year in which the final payment is due to be paid, for each such project.
The Deputy will appreciate that collation of this detailed financial information, from a variety of different sponsoring Departments/agencies, in respect of 25 different projects, each with payment obligations over a remaining contract life ranging from 6 years to 35 years, is a complex reporting task. Clearly, it is also important to ensure that the information collated and published on the website is accurate and consistent with other existing reporting arrangements the Sponsoring Departments/agencies have with, for example, the Central Statistics Office and the Office of the Comptroller and Auditor General in relation to the same projects. To date, it has been considered that the details published on the website in respect of each individual PPP and concession project, as I have outlined above, are comprehensive and provide transparency on the cost of each project over its lifetime. Providing an additional breakdown of the future contractual commitments in each case, which extend to up to 35 years, would represent an important change in the reporting responsibilities of my Department and would run the risk, for example, of impacting adversely on the timeliness of existing reporting.
However, in light of the Deputy's question I have asked my Department to consider the scope for providing further details in relation to the breakdown of projected future unitary payment commitments by project on an annual basis in future years, in consultation with the Central Statistics Office and the Office of the Comptroller and Auditor General, having regard to their plans for the publication by them of financial details in relation to the projects in question in their annual publications.
377. Deputy John Brady asked the Minister for Public Expenditure and Reform if he has advised Government Departments that applications by civil servants to continue working past 65 years of age under circular 13/1975 are no longer to be accepted; if so, the date on which; the reason this decision was made; the number of applications made under circular 13/1975 for each of the years between 2010 and to date in 2017; the number of applications that were accepted; and the income figures used to calculate the hardship threshold set out in part 3 of the circular. [27384/17]
Amharc ar fhreagraAs the Deputy will be aware, the extension of service beyond retirement age for civil servants, in certain limited circumstances, is provided for under Circular 13/1975.
The Circular notes that under Section 8.4 (1) of the Civil Service Regulation Act 1956, 65 years is the retiring age for certain Civil Servants. Provision is also made for circumstances in which an officer may be retained beyond his/her retirement age under conditions prescribed by the Minister for Public Expenditure and Reform.
These conditions have been varied from time to time and the conditions were consolidated in Circular 13/1975, and have been updated from time to time in respect of the financial amounts.
The 1975 Circular provides that
“An officer may be retired beyond the age of 65 years only:
- for the purpose of creating his/her pension (Increasing their pension by getting an extra increment (maximum 3 months),
- on grounds of public interest (e.g. special difficulty in replacing a person with unusual qualifications; need to allow time to finish a particularly important piece of work which cannot otherwise be done without serious inconvenience).
- on grounds of hardship (The hardship ground is deemed to exist where an officer, if retired, would have an income from all sources not exceeding the contributory old age social welfare benefit or if his income would not exceed 25% of his total annual remuneration on the date of normal retirement).
- on grounds of national service
The current rates used for determining cases on grounds of hardship are as follows;
State Pension (Non-Contributory) from 10 March 2017
|
State Pension (Non-Contributory) |
Rate per week (maximum) |
|
Personal rate, aged 66 and under 80 |
€227.00 |
|
Increase for a qualified adult aged under 66 |
€150.00 |
|
Increase for a qualified child |
€29.80 |
The Deputy needs to bear in mind that Circular 13 of 1975 was never intended to provide a general exception to the retirement age of 65 years of age.
Departments have delegated sanction to apply the hardship rules to staff members who are due to retire at 65 years of age although they may seek advice from my Department.
Information readily available from my Department on retentions is only available for the period 2011 to 2017 and is as follows:
|
Year |
No. of Applications |
No. of Applicants retained |
|
2011 |
8 |
8 |
|
2012 |
11 |
10 |
|
2013 |
16 |
16 |
|
2014 |
14 |
14 |
|
2015 |
23 |
21 |
|
2016 |
17 |
8 |
|
2017 |
5 |
1 |
However, the information may not be complete if departments/offices retained staff under the hardship rule.
The Deputy may be aware that there are a number of cases taken by individuals to the Workplace Relations Commission arguing that the current retirement age of 65 years is discriminatory on equality grounds. The advice available to me is that providing general exceptions to the retirement age of 65 years or other retirement ages could undermine the legal basis of these ages.
On foot of one of the recommendations of the Report of the Interdepartmental Group on Fuller Working Lives, my Department, with Public Service employers, was tasked to review the current statutory and operational considerations giving rise to barriers to extended participation in the public service workforce up to and including the current and planned age of entitlement to the Contributory State Pension. This review is currently underway and is expected to be completed by the end of the current quarter. Future policy in this area will be considered by Government following the outcome of this review.
379. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the position regarding the Office of Public Works commissioned document Towards a Liffey Valley Park; if there has been correspondence between the Office of Public Works and the local authorities since the publication of that document to seek updates regarding steps the local authorities are taking to implement the recommendations of that document; and if he will make a statement on the matter. [27401/17]
Amharc ar fhreagraManagement of the lands referred to, which were acquired by the Commissioners of Public Works in 2006, was passed, by agreement, to the Local Authorities, also referred to in the question. The Commissioners have not been appraised of definitive development plans for the lands.
381. Deputy Marc MacSharry asked the Minister for Public Expenditure and Reform the way in which he can reconcile the prohibitive turnover criteria and other discriminatory exclusionist criteria for contractors to qualify to tender for State contract works; his plans to rectify this discriminatory practice; and if he will make a statement on the matter. [27536/17]
Amharc ar fhreagraPublic sector organisations are required to adhere to EU and national procurement rules. The Office of Public Works has embarked on a process of putting framework contracts in place across many areas of operations including the electrical and mechanical area. In establishing such frameworks assessment criteria are necessary to form judgements as to the capacity and capability of applicant contractors. Turnover is one such metric. The intention is to set turnover and other criteria to as minimum a level as possible relative to the scale of the work involved. This can be a difficult balance to set as, while a contracting authority will wish to admit as many suitable applicants as possible, it will also wish to ensure that applicants have sufficient capacity and scale to undertake the works involved. It is not practical to set turnover and other criteria in all cases that provide opportunity for all contractors. Some contractors will inevitably fail to meet the criteria set but, as stated, the objective is to admit as many suitable contractors as possible. Assessment criteria will be kept under constant review and any appropriate adjustments made to foster optimum tender competitions.
382. Deputy Robert Troy asked the Minister for Public Expenditure and Reform the amount his Department or a body under its aegis has paid to a company (details supplied) for advice, the use of intellectual property and other services. [27714/17]
Amharc ar fhreagraIn response to the Deputy’s question, I can confirm that neither my Department nor any of the bodies under the aegis of my Department have availed of the services of the company referenced in the question.
383. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the body that pays the shortfall in transfer value in circumstances in which the benefits accruing to a member of a pension scheme in a public service transfer network organisation have been reduced on foot of a section 50 direction with the effect that the transfer value paid by the transferring organisation is reduced but the amount of transfer value payable in respect of that member by the receiving organisation must still reflect the full period of service in the organisation they are being transferred from. [27730/17]
Amharc ar fhreagraThe Public Sector Transfer Network allows employees to transfer service from one member organisation to another. The legislative provision for this is Section 4 of the Superannuation and Pensions Act 1963. It provides for the transfer of pensionable service in the case of staff transfers between the Civil Service and "approved organisations", and between one "approved organisation" and another. The Act provides that the Minister for Public Expenditure and Reform may, by Statutory Instrument, designate an organisation as an "approved organisation" for the purpose of that Section. Membership of the Transfer network is entirely voluntary and organisations may, if they wish, apply to join provided they have a pension scheme which would be considered compatible with Public Service pension arrangements and could comply with the rules of the Transfer Network.
Section 50 of the Pensions act 1990 applies to funded pension schemes and provides a mechanism whereby once a fund is in difficulty it can reduce the amount of transfer value it will pay in respect of transfers out of the fund. This method is primarily aimed at transfers between two funded schemes with the reduced benefits moving to the new fund and the individual suffers any loss.
In the public service transfer network (PSTN) transfers from funded schemes are processed using what is known as a 16(d) transfer. In a 16(d) case the transfer value is calculated in accordance with the actuarial tables provided for under the PSTN. The PSTN has no mechanism for accepting transfers at less than full value.
384. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform if the timescales involved for the unwinding of the Financial Emergency Measures in the Public Interest Act 2013 for retired public servants under the public service pension reduction will be given the same parity and fairness in any future pay deal as allowed to current working public servants in view of the scale of the difference in the reductions applied between the retired and working public servants in the past; and if he will make a statement on the matter. [27740/17]
Amharc ar fhreagraThe Public Service Pension Reduction (PSPR) reduces the value of those public service pensions which have pre-PSPR values above specified thresholds. It does so in a progressively structured way which has a proportionately greater effect on higher value pensions.
A very significant part-unwinding of PSPR in three stages is taking place under the Financial Emergency Measures in the Public Interest Act 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.
This three-stage part-unwinding of PSPR is delivering significant pensions increases to PSPR-affected pensioners. On 1 January 2016 all pensions of up to at least €18,700 became exempt from PSPR; from 1 January 2017, all pensions of up to at least €26,000 are now exempt from PSPR, and from 1 January 2018 all pensions of up to at least €34,132 per year will be exempt from PSPR. Those pensioners not fully removed from the reach of PSPR by dint of these changes will, in the majority of cases, benefit by €1,680 per year from 2018. The cost of these changes is estimated at about €90 million on a full-year basis from 2018.
Under section 12 of the Financial Emergency Measures in the Public Interest (FEMPI) Act 2013, I as Minister for Public Expenditure and Reform am required to review the necessity of the FEMPI legislation annually and cause a written report of my findings to be laid before each House of the Oireachtas. The next report is due by end June 2017 and in the context of that report, I shall review the scope of the existing financial emergency measures and the possible further scale-back of those measures, including the PSPR.
386. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the requests received by his Department from the Office of the Revenue Commissioners regarding recruiting additional personnel to fill vacant posts in 2016 and to date in 2017; the date on which the request was received; the title of the position; if the vacancy in question related to a new or existing post; if the request was accepted or refused; the status of accepted requests; and if he will make a statement on the matter. [27849/17]
Amharc ar fhreagraAction 18 of the Civil Service Renewal Plan 2014 committed to giving greater authority and flexibility to managers to enhance public services while reducing costs and increasing efficiencies within centrally determined expenditure limits and pay rates. This has involved the setting down of binding multi-annual pay allocations centrally which have replaced the Employment Control Framework for Departments as the basis for resource management. It has also involved delegating the scope to determine staffing levels and grade mix to Heads of Departments on a phased basis with the exception of Top Level Appointments Committee (TLAC) posts.
As a direct result of these delegated staffing arrangements, there have only been two requests to my Department for sanction to fill positions from the Office of the Revenue Commissioners since 1 January 2016, as detailed in the following table:
|
Date of request |
Title of position |
No. of posts |
New or Existing |
Accepted/Refused |
|
15 July 2016 |
Dog Handlers (Clerical Officer with an allowance) |
6 |
New |
Accepted |
|
27 February 2017 |
State Solicitors - AP Higher level |
4 |
New |
Under Consideration |
Further to these requests, the Office of the Revenue Commissioners has supplied the attached table of appointments made since 1 January 2016, which fall under the delegated staffing arrangements which are in place between my Department and that Office.
Revenue Appointments from Open Recruitment*
|
Recruitment |
||
|
Grade Level |
2016 |
2017 to 31 May |
|
Principal |
5(5) |
2(2) |
|
Assistant Principal |
29(17) |
13(10) |
|
Solicitor |
0 |
3(3) |
|
Statistician |
0 |
0 |
|
Economist |
0 |
0 |
|
Administrative Officer |
60(18) |
5(4) |
|
Higher Executive Officer |
15(13) |
36(29) |
|
Executive Officer |
207(67) |
114(39) |
|
Staff Officer |
0 |
0 |
|
Clerical Officer |
219 |
89 |
|
Service Officer |
10 |
1 |
|
Totals |
545(120) |
263(87) |
* Brackets denotes staff already serving in Revenue
Revenue Internal Promotions
|
Internal Promotions |
||
|
Grade Level |
2016 |
2017 to 31 May |
|
Principal |
2 |
0 |
|
Assistant Principal |
18 |
10 |
|
Higher Executive Officer |
60 |
18 |
|
Executive Officer |
84 |
42 |
|
Staff Officer |
18 |
3 |
|
Clerical Officer |
0 |
0 |
|
Service Officer |
0 |
0 |
|
Total |
182 |
73 |
387. Deputy Eamon Ryan asked the Minister for Public Expenditure and Reform if any former TDs have been appointed to State boards under his remit by the public appointments service; if so, the names and positions of same; and if he will make a statement on the matter. [27864/17]
Amharc ar fhreagraThe Board of the Public Appointments Service (PAS) is the only State Board under the aegis of my Department. PAS took on an enhanced role in relation to State Boards following a Government decision in September 2014 and new Guidelines on Appointments to State Boards have been in operation since November 2014.
I am informed by the PAS that no former TDs have been appointed to the PAS Board.
388. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if payments under the 1984 Civil Service spouses' and children's superannuation scheme are compulsory; and if he will make a statement on the matter. [27871/17]
Amharc ar fhreagra389. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if there are exemptions under the 1984 Civil Service spouses' and children's superannuation scheme depending on marital status; and if he will make a statement on the matter. [27872/17]
Amharc ar fhreagra390. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if there are exemptions under the 1984 Civil Service spouses' and children's superannuation scheme depending on parental status; and if he will make a statement on the matter. [27873/17]
Amharc ar fhreagraI propose to take Questions Nos. 388 to 390, inclusive, together.
The Revised Spouses and Childrens Superannuation Scheme was introduced in 1984. Membership of this scheme is mandatory for anybody who joined the civil service as a new entrant after 1 September 1984. Civil Servants who were not members of any scheme or were members of the Original Scheme prior to this date had the option to join if they so wished.
The Revised Scheme which was introduced in agreement with staff interests, extended the benefits payable to include post-retirement marriages and also extended the children's benefit to include adoptive, post-retirement/resignation and non-marital children of the member.
Member contributions are compulsory under the Revised Scheme and there are no exemptions available based on marital or parental status. The Original Scheme provided for a refund of contributions where a member retired unmarried but as the Revised Scheme covers post-retirement events, no such refund is now available. In certain circumstances where a member has in excess of 40 years' service, they are entitled to a refund in respect of the excess period only, starting with the initial contributions paid.
