Written Answers Nos 1-31
14. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the steps he has taken to ensure that Fingal County Council using available funds is acting to prevent further damage to dunes at Portrane, County Dublin. [47150/17]
Amharc ar fhreagra26. Deputy Clare Daly asked the Minister for Public Expenditure and Reform his strategy for preventing the destruction of homes at risk due to coastal erosion, in particular, in respect of coastal damage at Portrane, County Dublin; and if he will make a statement on the matter. [47151/17]
Amharc ar fhreagraI propose to take Questions Nos. 14 and 26 together.
I am very aware of the problems that coastal communities face in dealing with the erosion of soft coastline particularly given the severe weather events we have experienced in this country in recent years. I am aware from my recent visit to Donegal the issues associated with erosion of soft coastal defences. I can assure the Deputy that work is being carried out to address the problem at both a strategic level and through the local authorities responding to localised coastal erosion issues.
Coastal erosion is a natural, ongoing process which takes place around the coastline of Ireland. The Irish Coastal Protection Strategy Study (ICPSS) has surveyed and assessed the coastal erosion risk along the entire national coastline and this information is available to all Local Authorities to enable them to develop appropriate plans and strategies for the sustainable management of the coastline in their counties including the identification, prioritisation and, subject to the availability of resources, the implementation of coastal protection works both of a structural and non-structural nature. Details of the ICPSS are available on the Office of Public Works (OPW) website www.opw.ie. Because intervention within a coastal area may cause problems further along the coast, any proposed intervention measures are best developed in conjunction with a formal coastal erosion risk management study which has carefully investigated the problem and explored the full range of possible management options. The OPW is prepared to fund such studies, where warranted, in advance of any proposed erosion management works or measures.
The coastal zone management in the area indicated by the Deputy is a matter for Fingal County Council in the first instance. The Council must assess the problem and, if it is considered that specific measures and works are required, it is open to the Council to apply for funding under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme. Any application received will be assessed under the eligibility criteria, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding.
Fingal County Council applied for and was approved funding of €57,800 under this scheme in 2012 to carry out a Coastal Erosion Risk Management Study from Portrane to Rush. The funding was drawn down in 2013 following completion of the study.
Following the severe storms of Winter 2013/2014 and on foot of submissions made by the local authority, total funding of €200,000 was allocated by the OPW to Fingal County Council under the Government decision S180/20/10/1272 of 11 February 2014 to allocate funding for the repair of damaged coastal protection infrastructure. Part of this funding was for a dunes repair project at Burrow beach, Portrane. I am advised that this project was not proceeded with by the Council at the time and the Council indicated that this would form part of a separate application under the Minor Works scheme.
The OPW is not currently in receipt of an application from Fingal County Council under the Minor Works Scheme for works at Portrane. The OPW will liaise with the Council as appropriate in this regard should an application be received. I understand that the Council is working to identify an appropriate and sustainable solution to the problem at Portrane, with particular reference to environmental considerations, in advance of submitting an application to the OPW for funding to carry out works.
15. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the steps that have been taken or need to be taken to change the mandatory retirement age in the public sector; the cost benefit analysis of increasing the mandatory retirement age; and if he will make a statement on the matter. [46865/17]
Amharc ar fhreagraAn Interdepartmental Working Group, chaired by my Department was established in 2016 to examine the issues arising from prevailing retirement ages for workers in both the public and private sectors. This examination was in the context of the current age of entitlement to the State Pension and the scheduled increases to the State Pension age in 2021 and 2028.
The Group, whose Report was agreed by Government in August 2016, considered policy around retirement age in both the public and private sectors, examining implications arising from retirement ages now and in the future. The Group identified a set of framework principles to underpin policy in the area and made a number of recommendations assigned to Government Departments and Employer bodies for follow-up in that regard. A copy of the Report is available online.
In respect of the public service, and on foot of one of the recommendations of the aforementioned Report, my Department, with Public Service employers, was tasked with reviewing the current statutory and operational considerations giving rise to barriers to extended participation in the public service workforce up to and including the current age of entitlement to the Contributory State Pension. In the context of the review, which is well advanced, meetings were held with employers from all public service sectors, including the civil service, local authority and health sectors, supplemented by further interactions and discussions with the employers. Issues in relation to cost, workforce planning, personnel and Human Resource considerations have been considered in the context of the review.
Future policy in this area will be considered by Government based on proposals which I intend bringing to Government shortly based on the outcome of the review.
Any change in the compulsory retirement ages for public servants would require primary legislation.
16. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the additional expenditure that is being undertaken the end of 2017 and in 2018 to ensure that all measures in budget 2018 are fully equality and gender proofed; the timeframe and targets needed to ensure that budget 2019 is also fully gender and equality proofed; and if he will make a statement on the matter. [47226/17]
Amharc ar fhreagraThe approach that is being taken to develop a process of budget and policy proofing, as a means of advancing equality, reducing poverty and strengthening economic and social rights in line with the Programme for Partnership Government commitment, has been set out in a policy paper published by my Department on Budget day. This paper, entitled “Equality Budgeting – Proposed Next Steps in Ireland”, looks at the international experience and best practice in this area, and outlines the pilot approach that will be adopted for the current budgetary cycle.
In line with the international best practice in this area, the intention is to ensure that an equality perspective is integrated throughout the budgetary process. Consequently, expenditure in relation to the process of budget and policy proofing forms part of the overall cost of the budgetary process rather than being assigned a separate allocation.
The pilot cycle of equality budgeting will focus on a number of diverse expenditure programmes already in existence across a range of Departments. The relevant Departments will conduct an assessment of the chosen policy areas with a view to defining high level gender equality objectives and performance indicators for the policies in question. Responsibility for proofing expenditure programmes is a matter for the individual spending Departments in the first instance.
The objectives and indicators that have been selected will be published by my Department in the Revised Estimates Volume in December this year. Progress towards achieving these targets will be reported on in the Public Service Performance Report to be published in 2018.
The pilot programme of equality budgeting will be reviewed following the 2018 budgetary cycle. Learnings from the pilot approach will be used to expand the initiative to other expenditure programmes and equality dimensions for the 2019 budgetary cycle.
18. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform if he has held discussions with the European Commission regarding the allocation of additional funding for the Border region in view of the particular challenges that will arise following Brexit and the need to improve infrastructure to assist existing businesses to remain competitive; and if he will make a statement on the matter. [47147/17]
Amharc ar fhreagraAt the outset I would like to be clear about the Government’s appreciation of the important contribution that EU funding has made to the development of the border region and to cross-border cooperation over the last quarter of a century.
As Minister for Public Expenditure and Reform I have responsibility for two cross-border programmes with Northern Ireland, namely INTERREG and PEACE. These programmes have a combined value of more than half a billion Euro over the period 2014-2020.
As part of my Department's contingency planning for Brexit, the risks to these programmes – which are 85% funded by the EU – were identified. The Irish Government has been clear about its commitment to the full implementation of the current programmes and to successor programmes post-2020.
In the aftermath of the UK referendum my immediate objective was to ensure that current funding would continue. I was pleased, therefore, that towards the end of last year agreement was reached on a safeguard clause that has enabled funding letters of offers to be issued to programme beneficiaries for both programmes.
Now that that short term objective has been achieved, my medium term objective is to ensure the full and successful implementation of the current programmes out to 2020, during a period in which the UK is expected to leave the EU. My long term objective is to secure funding for successor programmes post-2020.
It was for that reason that in the wake of the UK referendum I proposed to my Northern Ireland counterpart, Máirtín Ó Muilleoir, that we jointly write to the Regional Policy Commissioner, Corina Cretu, to underline the importance we attach to the continuation of EU funding.
In December Máirtín and I visited Derry together to see the impact that EU funding is making on the ground.
And in April I raised the impact of Brexit on the two programmes at the meeting of the General Affairs Council devoted to Cohesion Policy in Luxembourg. While in Luxembourg I also took the opportunity to have a bilateral meeting with Commissioner Cretu where I impressed upon her the enormous contribution that EU funding has made to the economic and social development of the region, as well as the vital importance of continuing this funding. I also invited Commissioner Cretu to visit the region to see for herself the impact on the ground.
These two programmes are well regarded in Ireland – North and South – in the UK, and throughout the EU, so I believe the necessary goodwill is there for future funding from the European Union.
19. Deputy Willie Penrose asked the Minister for Public Expenditure and Reform the contingencies put in place to deal with increased water levels in rivers and waterways; the extra measures that have been established to deal with the upcoming winter months; the amount dedicated towards these contingencies; and if he will make a statement on the matter. [47333/17]
Amharc ar fhreagraResponsibility for the overall management and co-ordination to local emergency issues, including flooding events, rests with the Local Authorities. The Department of Housing, Planning and Local Government leads the national co-ordination during a severe weather event. The OPW supports the National Emergency Co-ordination Group when the group is convened to address an extreme weather event.
The OPW carries out a statutory maintenance programme on 11,500 km of river channel and approximately 730 km of embankments nationally, on arterial drainage schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995.
The Government has invested €325m in major flood defence schemes since 1995 that are protecting approximately 8,500 properties with an estimated benefit to the country of damages avoided of over €1.5bn. The OPW currently has ten schemes at construction and twenty-six at different stages of design or planning.
The €40m expended by the OPW's Minor Flood Works and Coastal Protection Scheme for 650 small scale local authority projects is providing flood protection to over 6,200 properties.
State Agencies continually monitor and, where possible, control river levels within their areas of responsibility, including on the Shannon. The Shannon Flood Risk State Agency Co-ordination Working Group established in 2016 is trialling the lowering of levels in Lough Allen to complement existing water level protocols in place for Lough Ree. It is also targeting maintenance works along the Shannon. These additional actions can help, in a small way, to manage flood risk.
The OPW’s proactive flood risk planning, through the Catchment Flood Risk Assessment and Management (CFRAM) Programme is nearing completion. I would hope by the end of this year to seek the approval from the Minister for Finance and Public Expenditure and Reform for the 29 Flood Risk Management Plans developed under the CFRAM process. Thereafter I would hope to announce the proposed structural measures contained within those Plans that will, over the coming years, be taken to detailed design to protect those communities at assessed risk.
There are a range of other measures already in place to protect against a flood risk, including:
- improved planning guidelines promoting sustainable planning and development,
- improved national and local emergency flood response plans, and
- guidance to households and businesses on planning for a flood event. The Government’s Be Winter Ready campaign is an important aspect of this initiative.
20. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the degree to which his Department plans to incorporate further reforms throughout the civil and public service with a view to achieving better value for money, improved economic impact and delivery of services to the public; and if he will make a statement on the matter. [47275/17]
Amharc ar fhreagraSince the first public service reform plan was published in 2011, a comprehensive programme of reform has been implemented and this continues to be a key priority. This is important as the performance of the public service has major implications for the management of the State’s finances, and for economic development and employment creation.
The 2014-16 public service reform plan put the public ever more to the centre of what we do both in terms of service delivery and transparency, openness and accountability. The final progress report on this plan, published in July 2017, was sent to all Deputies and is also available at www.reformplan.per.gov.ie. The report set out a wide range of improved services for the public and savings across a range of projects.
Work continues in implementing reforms initiated under the 2014-16 plan including the ambitious programme of reform initiated under the Civil Service Renewal Plan and other sectoral reform programmes. The CSR Plan aims to create a more unified, professional, responsive, open and accountable civil service that can provide a world-class service to the State and to the people of Ireland.
As the Deputy will be aware, my Department is currently developing a new phase of public service reform called Our Public Service 2020 which is expected to be published by the end of the year. This will build on the achievements of the last six years and allow the public service to better respond to new challenges.
Our Public Service 2020 aims to deliver better outcomes for the public, to support innovation and collaboration and to build public service organisations that are resilient and agile. The framework is built on three key pillars:
- Delivering for our public
- Innovating for our future
- Developing our people and organisations.
It will also ensure a continued emphasis on ensuring value for money principles are adhered to across the public service.
21. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the number of public and civil servants earning the minimum wage and the living wage; his plans to ensure that all public and civil servants earn the living wage; and if he will make a statement on the matter. [47235/17]
Amharc ar fhreagraAs the Deputy is aware my colleague the Minister for Employment Affairs and Social Protection is responsible for setting the National Minimum Wage on recommendation from the Low Pay Commission.
The current minimum wage is set at €9.25 and the third report of the Low Pay Commission recommended that this be increased by 30 cent per hour.
The Government welcomed that recommendation as a modest increase but one that is ahead of the rate of inflation and average increases in earnings. This would be the fourth increase in the minimum wage since 2011, and the second under this Government. This increase was confirmed by Government in the context of Budget 2018 and the minimum wage from 1 January 2018 will be €9.55 per hour.
Pay band data available to the Department indicates that some 94% of all public service staff are on salary points in excess of €25,000 per annum. The suggested wage at €11.70 per hour based on the Civil Service 37 hour standard net working week equates to an annual salary of €22,589.
Data based on Civil Service staff only, which is some 12% of the overall public service, indicates that only some 1% of staff (FTE) in the Civil Service are on salary points less than €22,589.
Any of those currently on an annual salary of less than €22,589 could also be receiving remuneration in excess of the suggested living wage through additional premium payments in respect of shift or atypical working hours or are on salary scales that progress to the suggested living wage through incremental progression.
Under the new Public Service Stability Agreement 2018-2020, from January 2018 pay in the public service will be further adjusted. The pay increases provided for under the Agreement are again progressively weighted towards the lower paid with benefits ranging from 7.4% to 6.2% over the term to end 2020.
22. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform his Department's priorities for the next spending review in 2017; and if he will make a statement on the matter. [47230/17]
Amharc ar fhreagraThe spending review conducted this year was the first in a series of rolling, selective reviews, which it is intended will cover the totality of Government spending over a three year period from 2017 to 2019. This approach allows for systematic examination of existing spending programmes to assess their effectiveness in meeting policy objectives and also to identify scope for re-allocating funding to meet expenditure priorities.
This year, over 20 analytical papers were produced by officials in the Department of Public Expenditure and Reform and some other Departments on significant programmes of current expenditure. In addition, an analysis of expenditure trends in key sectors was also published. These papers are available on my Department's website at www.per.gov.ie/en/spending-review.
Work is ongoing to prepare for the next round of the spending review process which will commence in early 2018. The priority for this round of the spending review is to continue the process of examining existing spending by reference to the principles of efficiency, effectiveness, sustainability and impact.
The aim is to ensure that the spending review will produce robust evidence based analysis, the output of which, in each work area, will feed into the consideration of expenditure policy. As was the case this year, the intention is that the spending review analysis will provide a crucial evidence base on key expenditure issues to inform ongoing discussions on Estimates proposals.
23. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform his plans to make provision for the projects previously identified as being integral to crucial infrastructure investment in the context of the capital review programme; his plans to extend the remit; and if he will make a statement on the matter. [47274/17]
Amharc ar fhreagra24. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if he has made provision for further changes in the gross capital expenditure ceilings for 2018 in view of the ongoing infrastructural deficits in housing, health, transport and education; and if he will make a statement on the matter. [47228/17]
Amharc ar fhreagra78. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if in the context of the growing needs of the recovering economy, he expects to be in a position to meet infrastructural requirements of the widest possible nature affecting economic performance; and if he will make a statement on the matter. [47560/17]
Amharc ar fhreagraI propose to take Questions Nos. 23, 24 and 78 together.
As I announced at Budget 2018, Government has allocated a significant and well-planned, increase in public capital investment amounting to €4.3 billion over the period 2018-2021. This is in addition to the additional €2.2 billion for housing already allocated to the implementation of the Action Plan for Housing and Homelessness.
Consequently between 2014 and 2021 public capital expenditure in Ireland will have more than doubled and as set out by the Irish Fiscal Advisory Council, this will see public investment in Ireland moving to among the highest in the EU.
I am satisfied that this new planned level of public capital investment represents an appropriate balance between the need for additional investment to realise the economy's long-term growth potential, the capacity of the economy to deliver additional public infrastructure consistent with fiscal and macroeconomic sustainability and the need to adhere to the responsible spending path agreed by Government with reference to the requirements of the EU Fiscal Rules.
In the meantime, the delivery of a large number of public capital investment projects and programmes is proceeding and while the position in relation to any individual project is a matter, in the first instance, for the relevant responsible Minister, the review of the 2015 Capital Plan which I published on 14 September, includes an update for each Department setting out the significant progress already being made in relation to implementation. A copy of the review has been supplied to all Deputies. My Department also published a major projects tracker, providing an update on progress on all significant projects and programmes with a value in excess of €20m.
In addition work is advanced by my Department in preparing a long-term 10-year capital plan for consideration by Government in due course. The primary objective of the 10-year plan is to underpin the implementation of the new framework for spatial policy under the Ireland 2040 Plan. The assessment of priorities for public capital investment over that period will be strongly informed by the detailed Infrastructure Capacity and Demand Analysis prepared by the Irish Government Economic and Evaluation Service (IGEES) which assessed key drivers of infrastructure demand in the areas of housing, health, transport and education referred to in the Deputy's question. The Infrastructure Capacity and Demand analysis was published alongside the review of the current capital plan and is available on my Department's website.
25. Deputy Tom Neville asked the Minister for Public Expenditure and Reform when the proposed works on Newcastle West Garda station are due to commence. [44076/17]
Amharc ar fhreagraIt is envisaged that this project will be completed towards the latter end of the Garda Capital Investment Plan 2016-2021.
OPW has received an outline brief of requirements from An Garda Síochána (AGS) and has completed a feasibility study on the existing Station site. OPW Architectural Services are currently reviewing this feasibility study from a Health and Safety and building efficiency perspective, prior to the preparation of tender documents for the procurement of external Civil and Structural and Mechanical and Electrical Consultants. It is anticipated that tenders for both of these Services will issue by the end of the year.
OPW Civil and Structural services are arranging to have necessary site investigations carried out.
At this early stage of the project, and until the design team is in place, it is difficult to estimate the timeline for the completion of the new build. However, it is hoped that both the 'Planning' and 'Tendering for construction' phases will take place by end of 2018.
27. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the level of capital expenditure which will be allocated for infrastructure projects for County Donegal; the timeframe for these allocations; the projects for which funding will be provided; and if he will make a statement on the matter. [47146/17]
Amharc ar fhreagraThis Government is strongly committed to increasing public funding for capital investment in appropriate regional infrastructure across Ireland over the next four years and beyond in order to meet key requirements in areas such as, for example, housing, transport, broadband, education, health and flood defences.
As I announced at Budget 2018, Government has allocated a significant, but more importantly a well-planned, increase in public capital investment amounting to €4.3 billion over the remaining four years of the Capital Plan 2018-2021. This is in addition to the additional €2.2b for housing outlined in the Action Plan for Housing and Homelessness.
Consequently between 2014 and 2021 public capital expenditure in Ireland will have more than doubled and as set out by the Irish Fiscal Advisory Council, this will see public investment in Ireland moving to among the highest in the EU.
My Department is currently preparing a long-term 10-year capital plan, covering the period 2018 to 2027, which will be integrated with, and will support the achievement of, the spatial planning objectives of the forthcoming National Planning Framework detailed under the Ireland 2040 Plan, to ensure that there is a sustainable basis for future population, employment and economic growth on a balanced regional basis. The 10-year plan will set out the Government's plans for capital investment over the longer term and it will also set out how the Government proposes to ensure an appropriate regional balance is achieved in terms of infrastructural investment, consistent with the objectives of the National Planning Framework.
The Deputy will be aware that promoting the development of the North-West Region as interlinked areas of strategic importance through collaborative structures and a joined-up approach to spatial planning is a specific national policy objective included in the draft Ireland 2040 Plan.
I should point out, however, that the selection of individual projects to be progressed, such as individual infrastructure projects in County Donegal, and the specific level of capital allocations arising will continue to be a matter in the first instance for the relevant Departments and agencies - subject to compliance with the requirements of the Public Spending Code in relation to planning, assessment and appraisal of project proposals in the normal way.
28. Deputy Michael Harty asked the Minister for Public Expenditure and Reform the measures he plans to put it place to unwind the Financial Emergency Measures in the Public Interest Act 2015 as applied to contract holders that are not part of the public service; and if he will make a statement on the matter. [47152/17]
Amharc ar fhreagraThe Public Service Pay and Pension Bill 2017 which the Government agreed on Tuesday, is designed to deliver an orderly exit from the financial emergency legislation and a return to normal industrial and business relationships.
As part of this, the Government has agreed to put the setting and varying of fees for contractors currently subject to the Financial Emergency Measures in the Public Interest legislation on an alternative statutory basis.
In future the relevant Government Minister, operating with the consent of the Minister for Public Expenditure and Reform will have the statutory power to set and vary the fees paid to contractors for goods and services based on a range of considerations, including affordability and value for money.
Given that the state often engages in long term rolling contracts for the provision of services to citizens it is vital that the interests of the taxpayer are protected through fluctuations in the economic cycle.
Importantly this power to set and vary fees provides for consultation with the contractors in question.
In relation to primary care contractors whose fees were reduced during the crisis, the Bill provides a pathway for putting in place a new multi-annual approach to fees, commencing in 2019, in return for service improvement and contractual reform and in line with Government priorities for the health service. The Minister for Health intends to undertake a process of engagement with the relevant representative bodies in 2018.
Any contractual re-negotiation will be informed by the significant structural reforms and productivity improvements that have been delivered across the wider public service.
29. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform if he has satisfied himself with the current functioning of the freedom of information system under the 2014 Act; his plans to amend section 44 of the Freedom of Information Act 2014 to give power to him to instruct the Information Commissioner to carry out a review of the operations of the Act; and if he will make a statement on the matter. [47196/17]
Amharc ar fhreagraAs specified in section 43(3) of the Freedom of Information Act 2014, the Information Commissioner is fully independent in the performance of his functions, including those under section 44 of the Act. I have no plans to amend the Act to allow for a Minister to instruct the Commissioner in this regard. To do so would adversely affect the important independent role of the Commissioner.
However, as the Deputy may be aware, an extensive review of the operation of the Freedom of Information (FOI) framework fed into the development of the FOI Act 2014 which introduced a modernised, consolidated, restructured and more accessible FOI system. The Act, alongside an FOI Code of Practice, seeks to bring about greater efficiency, consistency and promote best practice in the operation of FOI throughout public bodies.
FOI gives rise to significant challenges. The number, nature and complexity of requests continues to grow. To support the effective implementation of FOI, the FOI Central Policy Unit at my Department oversees a training framework to ensure consistency in standards and approach. A total of 128 contracts have been awarded with some 8,600 participants receiving training. The Central Policy Unit also provides ongoing support and advice to citizens and to FOI bodies through its website, www.foi.gov.ie and helpdesk and has presented at a number of conferences and training events. Networks for FOI Bodies have been established which provide an excellent means of sharing learning and expertise, assisting in the development of common approaches and facilitating the transfer of learning between FOI bodies.
Some 30,417 FOI requests were processed by public bodies in 2016, a record number and a doubling of the number reached under the previous Act, with some 73% of those requests granted either in full or in part. It is also worth noting that in only 3% of cases did requesters avail of the review mechanism available to them. Furthermore, only 1.5% of requesters seek an independent review by the Information Commissioner. The steps taken by my Department and the low level of appeals gives some indication of the progress being made in the implementation of the 2014 Act and the general satisfaction of requesters.
30. Deputy Joan Burton asked the Minister for Public Expenditure and Reform the number of subcontractors that are engaged by State and semi-State agencies in tabular form; and if he will make a statement on the matter. [47234/17]
Amharc ar fhreagraI wish to advise the Deputy that under a public contract the contractual relationship is between the public body and the main contractor. A public body has no contractual ties with a subcontractor engaged by a main contractor and, in many cases, will not be aware of the identity of those subcontractors. Any contractual relationship is exclusively a matter between the main contractor and its sub-contractor.
31. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform if he has satisfied himself that section 27 of the Freedom of Information Act 2014 is functioning properly; if all agencies that come under freedom of information following the 2014 Act are applying fees and charges in respect of freedom of information requests in an open and transparent manner; if guidelines are issued to the agencies with regard to calculating fees and charges; and if he will make a statement on the matter. [47197/17]
Amharc ar fhreagraSection 27 of the Freedom of Information (FOI) Act 2014 Act relates to fees and charges. Among the key reforms of the FOI Act was the removal of the requirement to pay up-front fees for making FOI requests to public bodies and the significant reduction in the cost of applying for internal reviews and appeals to the Information Commissioner.
In addition, in relation to non-personal requests, a minimum threshold of €101 was introduced below which no search, retrieval and copying fees can be charged. This means that if a request is focused and takes no longer than 5 hours to search for, retrieve and copy the records, the requests will be processed free of charge. Furthermore a cap of €500 was placed on the amount of search, retrieval and copying fees that can be charged (approx. 25 hours being spent on search and retrieval); and a further upper limit at €700 (which corresponds to 35 hours being spent on search and retrieval) above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the charges below the limit. The Act also provides for public bodies to assist requesters if the requester wishes to amend or limit the requests concerned in order to reduce or eliminate such charges.
Records which contain only personal information relating to the requester (including requests under Section 37(8)) remain free of charge (other than where the grant concerned relates to a significant number of records and in such cases, the means of the requester must be taken in account).
I consider that these reforms have had a key impact on the number of requests submitted with over 30,000 requests made in 2016 compared to around 10,000 in 2007 and with a 400% increase of non-personal requests in that period.
I, as Minister, have no role in monitoring or policing the individual decisions of FOI Bodies, including in relation to fees. Where a decision is made to charge a fee, the requester has the right to seek a review of that decision by the Information Commissioner and there is no fee payable for that review. Of around 400 reviews referred to the Commissioner in 2016, only 4 (or 1%) related to decisions to charge a fee.
To support the effective implementation of FOI by FOI Bodies, the FOI Central Policy Unit (CPU) at my Department provides a range of support and guidance. It oversees a training framework to ensure consistency in standards and approach which has seen over 8,600 participants receiving training and also provides a website, www.foi.gov.ie and helpdesk and has presented at a number of conferences and training events. Networks for FOI Bodies have been established which provide an excellent means of sharing learning and expertise, assisting in the development of common approaches and facilitating the transfer of learning between FOI bodies. With particular reference to fees and charges, the CPU has published both Manuals on the processing of requests and a specific Guidance Note on Fees and Charges (CPU Notice 6) in order to assist Bodies in making decisions on fees. These are available on www.foi.gov.ie.
