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Gnáthamharc

Wednesday, 26 Jul 2017

Written Answers Nos. 209 - 228

Departmental Budgets

Ceisteanna (209)

Dara Calleary

Ceist:

209. Deputy Dara Calleary asked the Minister for Finance the latest profiles in value and outruns forecast in his Department for the end of December 2017 and any variance that may arise based on his Department’s performance against profile in gross voted expenditure at the end of June 2017. [36567/17]

Amharc ar fhreagra

Freagraí scríofa

My Department’s expenditure at the end of June was under profile by approximately €5m. The main reasons for this variance versus profile are underspends across administrative subheads. These include €0.5m on salary costs due to recruitment, which will take place later in the year than initially expected.

Capital expenditure was under profile by €1.1m as certain office premises projects, which were expected to start in the first quarter of 2017, will now not begin until later in the year. While there was an underspend of €1.9m on consultancies and other services, increased spend is expected in this category during the third quarter. Fuel Grant payments administered by my department are also €1.1m under profile.

As regards the projected outturn for the year, it is difficult to assess the full year expenditure for the Department at this stage as we are only just over half way through the year.

My Department keeps expenditure trends under review and provides details on monthly Exchequer Issues to the Department of Public Expenditure and Reform. These are reported in the Expenditure Reports published with the monthly Exchequer Statement.

As the year progresses, my Department will continue to manage expenditure within the allocation agreed by the Dáil in the 2017 Estimates in order to deliver my Department’s agreed objectives.

Public Interest Directors

Ceisteanna (210, 211)

Aindrias Moynihan

Ceist:

210. Deputy Aindrias Moynihan asked the Minister for Finance the number of the current board members of a bank (details supplied) who have been appointed to represent the public interest; and the full extent of reporting between such board members and the Government and-or its representatives. [36667/17]

Amharc ar fhreagra

Aindrias Moynihan

Ceist:

211. Deputy Aindrias Moynihan asked the Minister for Finance the number of the current board members of a bank (details supplied) who have been appointed to represent the public interest; and the full extent of reporting between such board members and the Government and-or its representatives. [36668/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 210 and 211 together.

Currently, there is one State nominated director on the board of each of AIB and BOI.

As the deputy will be aware, the State has rights to appoint directors as a significant shareholder in the banks and not just public interest directors appointed under the guarantee schemes. The rights for the State to appoint Public Interest Directors to the boards of the Covered Institutions were derived from the terms of the guarantee schemes introduced in 2008 and extend over the period of the guarantee. The last of the guaranteed liabilities are due to mature between now and Spring 2018 and as such I do not expect to make any new appointments of Public Interest Directors to the boards of the banks. 

Going forward however, the State does have the ability to appoint directors to the banks in which it has large equity ownership positions. So in line with the commitment in the PPG, officials in my Department are currently reviewing options in relation to the appointment procedures for bank directors having due regard to distinct differences which exist from appointments to other State boards, not least the requirements of the Central Bank/SSM Fitness and Probity Regime and the requirement to have a broad set of expertise relevant to large regulated entities in an ever more complex regulatory environment.

In terms of reporting, the legal position is that any company director regardless of whether or not they are a State nominated director is subject to the requirements of company law to act in what he or she believes to be the interests of the company to which they are appointed. These are the director’s fiduciary duties which are owed to the company rather than to the appointing shareholder. Accordingly, State nominated directors to the banks do not have a formal reporting relationship to the Minister or to the Department of Finance.  However, in carrying out its role in monitoring the performance of the banks in which we have a shareholding, officials in my Department meet the senior executives of each of the banks on a monthly basis and have access to monthly board papers.

Budget Submissions

Ceisteanna (212, 213)

Charlie McConalogue

Ceist:

212. Deputy Charlie McConalogue asked the Minister for Finance the estimated cost to the Exchequer of proposals by an organisation (details supplied). [36708/17]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

213. Deputy Charlie McConalogue asked the Minister for Finance the estimated cost to the Exchequer of proposals by an organisation (details supplied). [36709/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 212 and 213 together.

Each year my Department receives a large number of such submissions from a wide range of groups and individuals. These are considered by the relevant officials in the context of Budget process.  However the Deputy will be aware that it is not the practice of the Minister for Finance to discuss the details of measures which may be under consideration as part of the Budget and Finance Bill.

He may wish to note that the services of my Department are offered, on a confidential basis, to cost tax policy and other proposals for political parties. Guidelines recently issued as to the operation of this facility for Budget 2018.

Departmental Staff Data

Ceisteanna (214)

Michael McGrath

Ceist:

214. Deputy Michael McGrath asked the Minister for Finance the number of staff in his Department who are suspended from work on full pay; the reason in each case; the length of time in each case; and if he will make a statement on the matter. [36730/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that there are no staff in my Department that are suspended from work on full pay.

Departmental Budgets

Ceisteanna (215)

Michael McGrath

Ceist:

215. Deputy Michael McGrath asked the Minister for Finance if there will be an underspend in his Department's current or capital budget for 2017; if so, the subheads that are now below profile and those that may come in below profile at the end of the calendar year; if underspends in his Department will be available to the central Exchequer at year end; and if he will make a statement on the matter. [36746/17]

Amharc ar fhreagra

Freagraí scríofa

My Department’s expenditure at the end of June was under profile by approximately €5m. The main reasons for this variance versus profile are underspends across administrative subheads. These include €0.5m on salary costs due to recruitment, which will take place later in the year than initially expected.

Capital expenditure was under profile by €1.1m as certain office premises projects, which were expected to start in the first quarter of 2017, will now not begin until later in the year. While there was an underspend of €1.9m on consultancies and other services, increased spend is expected in this category during the third quarter. Fuel Grant payments administered by my department are also €1.1m under profile.

As regards the projected outturn for the year, it is difficult to assess the full year expenditure for the Department at this stage as we are only just over half way through the year.

My Department keeps expenditure trends under review and provides details on monthly Exchequer Issues to the Department of Public Expenditure and Reform. These are reported in the Expenditure Reports published with the monthly Exchequer Statement.

As the year progresses, my Department will continue to manage expenditure within the allocation agreed by the Dáil in the 2017 Estimates in order to deliver my Department’s agreed objectives.

Protected Disclosures Data

Ceisteanna (216)

Michael McGrath

Ceist:

216. Deputy Michael McGrath asked the Minister for Finance the number of protected disclosures received from staff in his Department in 2016 and to date in 2017; the details of same; and if he will make a statement on the matter. [36762/17]

Amharc ar fhreagra

Freagraí scríofa

The Department of Finance has put in place a policy and related procedures for the making of Protected Disclosures in the Department, which have been developed in line with the Protected Disclosures Act, 2014.  This policy and procedures support the Department’s strong commitment to ensuring that the culture and working environment of the Department encourage, facilitate and support any member of staff of the Department in ‘speaking-up’ on any issue that may impact adversely on the Department’s ability to properly and fully carry-out all its roles and responsibilities to the high performance standard required.

As provided for under Section 22 of the Protected Disclosures Act, a Report is required to be prepared and published on an annual basis setting out the number of disclosures made to the Department in the previous year, the actions taken in response to those disclosures and any other information as may be requested by the Minister for Public Expenditure and Reform under the Act. 

I can advise the Deputy that since the introduction of the Act, no protected disclosures have been made to the Department.  This is set out in the Department's Annual Review 2015, Annual Report 2016, and on the Department's website at the following link - http://www.finance.gov.ie/search/node/protected%20disclosures.

I can assure the Deputy that my Department is strongly committed that any appropriate issue raised by a member of staff relating to a matter connected to the conduct of the business of the Department will be dealt with professionally and appropriately.

Departmental Staff Data

Ceisteanna (217)

Catherine Murphy

Ceist:

217. Deputy Catherine Murphy asked the Minister for Finance the number of actuaries who work in the Civil Service under the aegis of his Department; and if he will make a statement on the matter. [36854/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that no actuaries work in my Department.

I have been advised that of the 18 Bodies under the Aegis of my Department 2 have actuaries employed. The information provided by the relevant bodies is listed in the following table.

Body

Number of actuaries working in the civil service, under the aegis of his/her department

Central Bank

The Central Bank of Ireland currently has 37 actuarial staff employed across the organisation, of which 19 are fully qualified and 18 part-qualified.

The majority of actuarial staff work is in the Insurance Directorate, with the balance elsewhere in the Financial Regulation Pillar.

 National Treasury Management Agency*

 

*The National Treasury Management Agency (NTMA) assigns staff to the National Asset Management Agency (NAMA) and the Strategic Banking Corporation of Ireland (SBCI) and also provides them with business and support services and systems.

The NTMA has 1 actuary.

Please note staff of the NTMA are not civil servants.

Capital Expenditure Programme Review

Ceisteanna (218)

Catherine Martin

Ceist:

218. Deputy Catherine Martin asked the Minister for Public Expenditure and Reform the analysis that has been done and steps he has taken on foot of that analysis to ensure that the mid-term review of the capital plan results in a capital investment programme consistent with Ireland's EU level targets for 2020, proposed targets for 2030 and the obligations of the Climate Action and Low Carbon Development Act 2015, including the national transition objective and the Paris Agreement. [35069/17]

Amharc ar fhreagra

Freagraí scríofa

The fiscal and policy context section of the Capital Plan "Building on Recovery" sets out the objectives of State investment in infrastructure. It emphasises the Government's commitment, through the Capital Plan, of supporting strong and sustainable economic growth and raising welfare and living standards for all. Promoting environmental sustainability is, of course, integral to achieving and maintaining sustainable economic growth.

The incorporation of environmental sustainability as a key encompassing policy goal in the Capital Plan is demonstrated throughout the plan document and through progress made in the implementation of key elements of the Plan itself, as well as through other important policy and legislative developments focused on environmental sustainability.

It is important to stress that there is a detailed governance framework already embedded in the allocation of capital resources through which significant investment decisions must be aligned with all government policies, including environmental policy.

For example, when the Plan sets out the Budget Management Framework, it is explicitly stated that all Departments are responsible for ensuring projects meet with the appropriate regulatory requirements including environmental impact assessments.

In addition, when outlining the drivers of long-term public investment requirements the Plan highlights environmental concerns such as the developments in climate change and the need to meet EU emissions targets requiring intervention in the areas of energy efficiency and renewable energy, as well as the need for investments in flood prevention.

Moreover, the area of Environment and Climate is allocated 7% of the available Exchequer capital envelope in the Plan. This amounts to €874 million over the course of the Plan specifically targeted to this sector.

The funding of energy efficiency and renewable energy programmes will play a key role in seeking to meet climate change and energy targets as well as reducing expenditure on imported fossil fuels, underpinning domestic energy sector employment and reducing emissions from our annual energy usage.

As well as Exchequer investment, the commercial State sector as part of the Capital Plan also undertakes investment in renewables, including biomass and forestry, in order to support the delivery of Government's objectives in these areas.

Ultimately, each Department is responsible for ensuring their spending programmes are consistent with whole-of-Government priorities such as environmental sustainability.  Consequently, my Department has requested that all submissions to the current review of the Capital Plan, from both Government Departments and the Public, examine all potential impacts – both positive and negative – of capital proposals in the context of meeting Ireland's existing and forthcoming Climate and Energy goals. My Department also made clear that proposals for additional capital spending should be aligned with the National Mitigation Plan and upcoming National Adaption Framework.

The review of the Capital Plan will, therefore, ensure that resources continue to be allocated and aligned to support sustainable growth, as required under the Government's current policy framework.

Zero-hour Contracts

Ceisteanna (219)

Pat the Cope Gallagher

Ceist:

219. Deputy Pat The Cope Gallagher asked the Minister for Public Expenditure and Reform his plans to further restore Donegal Castle in Donegal town; and if he will make a statement on the matter. [36115/17]

Amharc ar fhreagra

Freagraí scríofa

The Donegal Castle National Monument is in good conservation order currently. There are no works planned at the site in the foreseeable future apart from regular maintenance and upkeep.

Public Sector Pay

Ceisteanna (220)

Richard Boyd Barrett

Ceist:

220. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform the full-year cost of paying all employed public sector staff who are on the pre-2011 pay scale. [36297/17]

Amharc ar fhreagra

Freagraí scríofa

I  refer the Deputy to my answer to Parliamentary Question No. 350 of 20 June 2017, PQ Ref: 28983/17.

Public Sector Pay

Ceisteanna (221)

Richard Boyd Barrett

Ceist:

221. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform the full-year cost of repealing the FEMPI legislation. [36298/17]

Amharc ar fhreagra

Freagraí scríofa

The full year cost of repealing the Financial Emergency Measures in the Public Interest (FEMPI) legislation as it applies to public service employees would be €1.4 billion post full implementation of the terms of the Lansdowne Road Agreement (LRA).

Pay bill increases of this magnitude in one year would: exceed available additional resources; violate the terms of EU Stability and Growth Pact; increase the deficit; increase the national debt and result in reduced shares of Government Expenditure for capital investment and alter measures.

By contrast the phased approach to unwinding FEMPI which commenced with the LRA and will, subject to ratification, continue with the Public Service Stability Agreement 2018-2020, allows for strong fiscal planning, with dedicated resources ring fenced within multi annual expenditure ceilings, and without compromising service delivery or capital investment plans.

Public Sector Pensions

Ceisteanna (222)

Charlie McConalogue

Ceist:

222. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the status of progress to address the situation in which part-time firefighters, who are also employed in full-time public service posts, are charged the pension-related deduction on the full amount of their part-time firefighter income despite receiving no additional pension benefit from same; his views on whether this is a disincentive for public servants to serve in part-time firefighter roles; and if he will make a statement on the matter. [36447/17]

Amharc ar fhreagra

Freagraí scríofa

The public service Pension-Related Deduction (PRD) is provided for under the Financial Emergency Measures in the Public Interest Act 2009. PRD applies to the pay, including any non-pensionable pay elements, of pensionable public servants.

Specifically, section 2(1)(b) of the 2009 Act provides that any public servant who is a member of a public service pension scheme or who is entitled to benefit under such a scheme or receives a payment in lieu of membership of such a scheme is subject to PRD.

Across the public service certain cohorts of employees in a few specific occupations are not members of a public service pension scheme, but may instead qualify for a one-off non-recurring gratuity payment at retirement provided that they meet certain conditions.

It is understood that the possibility of qualifying for such a gratuity would exist in particular for certain retained firefighters and for certain home help workers.  The overall number of such affected public service employees is believed to be quite small.

The payment of such a one-off non-recurring gratuity at retirement to qualifying public service workers constitutes a payment in lieu of pension scheme membership. On that basis the pay received by those workers before retirement and gratuity award, is liable to PRD.

It should however be noted that in practice many of those employees may already be free of PRD, or may be paying much less PRD than previously, on account of the significant amelioration of PRD provided for under the Financial Emergency Measures in the Public Interest Act 2015.  This amelioration means that, from 1 January 2016, all persons with annual public service earnings of up to €26,083 were exempt from PRD, and from 1 January 2017, this exemption threshold increased to €28,750.

The recently proposed Public Service Stability Agreement 2018-2020 provides that PRD will be replaced with a permanent Additional Superannuation Contribution (ASC). If ratified, this means that most public servants currently subject to PRD will benefit from increased ASC exemption thresholds under the PSSA 2018-2020. Specifically, the new contribution will apply to pensionable remuneration above a threshold of €32,000 from 2019 and €34,500 from 2020, for those with standard accrual pension terms.

National Monuments

Ceisteanna (223)

Shane Cassells

Ceist:

223. Deputy Shane Cassells asked the Minister for Public Expenditure and Reform the measures that will be put in place to open OPW sites which are currently closed to the public, in particular Athlumney Castle in Navan, County Meath. [27616/17]

Amharc ar fhreagra

Freagraí scríofa

A total of almost 1,000 individual National Monuments in State care at approximately 768 locations around the country are managed and maintained by the Office of Public Works. These includes sites that are in full State ownership and others that are privately-owned, where Guardianship arrangements exist and where the OPW provides maintenance services.

As a general policy, OPW facilitates visitor access to as many National Monument sites as possible with a view to both fostering interest in and awareness of our heritage and as part of Ireland’s supporting infrastructure for tourism. Access is not always feasible because of a range of issues such as ongoing conservation works, physical location, risks associated with dangerous structures and restrictions imposed in some cases by landowners who may wish to limit access, either temporarily or more longer term, because of insurance fears, livestock etc. OPW estimates that approximately 10 - 15% of the accessible National Monument sites in its care are not available at any given time for these such reasons.

While many sites are obviously open to visitors with Guides services and visitor facilities; the majority of properties within the heritage portfolio are largely unattended. A significant number of locations are generally open on a fulltime basis and visitors are free to wander at will. At other sites measures are in place to protect them while still facilitating the public who wish to enter and Athlumney Castle is one such location. OPW maintains a total network of 110 Caretakers and Keyholders at various places around the country and their role is to be available to provide visitors with a key to access the site. At Athlumney, this controlled access mechanism is made available through a locally appointed Keyholder as it was considered, following previous incidents of antisocial behaviour at the site, that access should to be regulated. I understand that the sign on the site entrance advertising this service was damaged recently and had to be removed. This may have created erroneous impression that the site is no longer open to the public.

I can confirm therefore that visitors are still fully able to access Athlumney Castle and there should be no fears that there has been any change in the position in this regard. Arrangements are being made to have the necessary signage replaced shortly so visitors will be directed appropriately.

Public Sector Staff Retirements

Ceisteanna (224)

Seán Haughey

Ceist:

224. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform if a person (details supplied) who retired from An Garda Síochána in 2004 and subsequently took up employment with the Courts Service 11 days later is not deemed a new entrant and, therefore, must retire at the age of 65 years of age; the reason for same; and if he will make a statement on the matter. [35058/17]

Amharc ar fhreagra

Freagraí scríofa

The Public Service Superannuation (Miscellaneous Provisions) Act 2004 ('the 2004 Act') provides in general that an individual who takes up an appointment in a public service body on or after 1 April 2004 is classed as a 'new entrant'.

However, the legislation makes various exceptions for those public servants who, in the 26 weeks prior to appointment, had previously worked in the public service and had not been deemed to be new entrants in such positions.  Section 2(6) of the 2004 Act refers as follows:

"(6) Where on or after 1 April 2004 a public servant who is not a new entrant ceases to serve in a public service body or in a body to which Schedule 1 relates and does so otherwise than for employment in another public service body or in a body to which Schedule 1 relates, then that person shall, if he or she subsequently applies for an office or position within the public service, be treated as a new entrant in respect of such subsequent service unless he or she takes up appointment:

(a) under the same contract of employment, or

(b) as a public servant no later than 26 weeks following the last day of service prior to cessation.".

Based on the information provided, as the person concerned took up a position in a public service body within 26 weeks after leaving his previous public service employment in 2004, he is correctly deemed not to be a ‘new entrant’ in accordance with the provisions of the 2004 Act.

National Monuments

Ceisteanna (225, 226)

Thomas Byrne

Ceist:

225. Deputy Thomas Byrne asked the Minister for Public Expenditure and Reform if he will request the OPW to engage with a group (details supplied) that wishes to improve the tourism experience in its heritage town. [35111/17]

Amharc ar fhreagra

Thomas Byrne

Ceist:

226. Deputy Thomas Byrne asked the Minister for Public Expenditure and Reform if he will request the OPW to provide a second key for an important tourist attraction (details supplied) to improve the local tourism experience. [35123/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 225 and 226 together.

The Office of Public Works (OPW) is already well aware of the Kells and District Tourism Network and representatives of the OPW Heritage Service have met the Network, or individual members of it, on a number of occasions. The OPW regards these contacts as beneficial and intends to remain in contact with the Network in relation to relevant issues in the future, including the organising of local Volunteer tours to the St. Columcille’s House Monument from the local Church of Ireland site and in the making of plans to restore public access to the Round Tower nearby.

Currently, access to the St. Columcille’s House site in Kells is controlled through a local keyholder. This reflects the need to maintain control of the site and to avoid a recurrence of the damage and antisocial incidents that have happened in the past. Though the OPW considers that the keyholding system works well and allows bona fide visitors to access the site easily, it is obviously open to suggestions for its improvement and is assessing the position with a view to making the key available in the local Fáilte Ireland tourism office. It does not, however, propose to make a key available to the Network directly at this time in the interest of maintaining security at the site.

Office of Public Works Projects

Ceisteanna (227)

Thomas Byrne

Ceist:

227. Deputy Thomas Byrne asked the Minister for Public Expenditure and Reform his plans to proceed with the proposed playground at Oldbridge House, County Meath, for which planning permission was obtained some years ago. [35145/17]

Amharc ar fhreagra

Freagraí scríofa

Funds were not available in the Office of Public Works for the playground and a request for a financial contribution from the Local Authority (Meath County Council) was declined. The Planning Permission granted in September 2011 has expired. There are no plans at present to proceed with the development.

Departmental Contracts Data

Ceisteanna (228)

Jan O'Sullivan

Ceist:

228. Deputy Jan O'Sullivan asked the Minister for Public Expenditure and Reform if all security and contract cleaning companies that have obtained contracts from his Department and agencies under the aegis of his Department under public procurement rules pay the legal employment regulation order, ERO, hourly rate to their security and contract cleaning employees; the steps he has taken to confirm full compliance with the ERO system; if he has cancelled contracts with companies that have been found to be in breach of the ERO system since 1 October 2015; and if he will make a statement on the matter. [35232/17]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy’s question, all security and contract cleaning companies that have obtained contracts from my Department and the bodies under its aegis have confirmed that they are paying the legal Employment Regulation Order (ERO) hourly rate to their employees.  Please note that separate material is provided below in relation to the Office of Public Works.  

The Office of Government Procurement has conducted a number of tender processes for security and cleaning services on my behalf.  The standard terms and conditions of contract state that the contractor shall provide the services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of environmental, social and labour law that apply at the place where the services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law which would include the legal ERO hourly rate.  In addition to this, a significant number of Requests for Tenders have specifically stipulated adherence with the legal ERO hourly rate as a requirement of the contract. 

The Office of Public Works operates from over 135 locations around the country and it is a condition of every contract awarded by the OPW under public tender that the contractor is required to comply with relevant employment law.  The companies that are contracted for security and cleaning services with the OPW have provided the information required in relation to compliance with the relevant ERO at the time of contract placement.   

The Workplace Relations Commission, which falls within the remit of the Minister for Jobs, Enterprise and Innovation, is the body tasked with establishing compliance with employment law which this falls under.  Any breaches of an Employment Regulation Order may be referred to the Workplace Relations Commission for appropriate action.

In terms of my Department and the bodies under its aegis, there were no breaches of the ERO since 1 October, 2015, so no contracts have been cancelled.  I understand that one security company contracted by the Office of Public Works is involved in a group legal challenge to the application of ERO 2017.

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