Wednesday, 22 Nov 2017

Written Answers Nos. 96-115

Cabinet Committee Meetings

Ceisteanna (96)

Joan Burton

Ceist:

96. Deputy Joan Burton asked the Taoiseach if he will report on Cabinet sub-committee D, infrastructure. [49179/17]

Freagraí scríofa

The Taoiseach

Cabinet Committee D covers housing, climate action, infrastructure investment and delivery, the National Planning Framework and the Ten Year Capital Plan. Among other issues, this Committee is providing political oversight of our efforts to tackle the challenges in housing and homelessness and our transition to a sustainable, low-carbon economy.

The next meeting of Cabinet Committee D is scheduled for tomorrow, 23 November 2017.

Following a review of Rebuilding Ireland, the Government has announced a number of additional measures. These include a range of measures in Budget 2018 involving increased expenditure allocations, taxation changes, and the establishment of Home Building Finance Ireland to provide additional finance to developers.

The Minister for Housing, Planning and Local Government has also announced further actions in relation to the rental market, and the planning system.

An allocation of €116 million in Budget 2018, an increase of €18 million on 2017, for homelessness will help address the increased demand for emergency homeless services and will assist in supporting homeless households with long-term and sustainable housing solutions.

The draft National Planning Framework – Ireland 2040 – was published for consultation in September. The final version of the National Planning Framework will be published shortly, alongside the new Ten Year Capital Plan. This approach will provide clarity, coherence and certainty in relation to planning and capital expenditure, while facilitating a sustainable approach to meeting Ireland's future investment needs.

Departmental Contracts Data

Ceisteanna (97)

Micheál Martin

Ceist:

97. Deputy Micheál Martin asked the Taoiseach the external contracts his Department has. [49418/17]

Freagraí scríofa

The Taoiseach

My Department liaises closely with the Office of Government Procurement (OGP) on all matters related to public procurement and monitors all areas of expenditure on an ongoing basis to ensure that value for money is being achieved.

There are currently 21 external contracts in place for goods and services provided to my Department, as set out in the table.

My Department has availed of OGP framework agreements for a wide ranges of goods and services such as foreign travel management services; IT equipment; managed print services; taxi services; cleaning services and supplies; waste management services; printing; and stationery.

Supplier	Type	Expiry date
Unity Technology Solutions	Goods	16/12/2019
Fusio Limited	Services	30/04/2019
Quark Software INC	Services	31/12/2018
Quark Software INC	Services	30/11/2018
Agency Assessments Ireland	Services	23/10/2018
Anglo Printers Ltd	Services	27/07/2018
Ndevor Systems LTD t/a TextByNumbers Phorest	Services	22/07/2018
IT Force	Services	20/07/2018
Ceart Business Services	Services	01/03/2018
Grosvenor Services	Services	28/02/2018
Express Tech	Services	19/01/2018
Flextime Limited	Services	31/12/2017
Dublin Airport Authority PLC	Services	31/12/2017
Apex Fire	Services	31/12/2017
ASAP Couriers	Services	31/12/2017
Bewleys Limited	Services	31/12/2017
Europus Language Consultancy Company - Galway	Services	31/12/2017
EW Technologies Group	Services	31/12/2017
Munchies	Goods	31/12/2017
Parallel Information Technology - ptools SN 13436	Services	31/12/2017
Wheel, The (Rotha Teoranta)	Services	29/12/2017

Strategic Communications Unit

Ceisteanna (98, 99)

Gerry Adams

Ceist:

98. Deputy Gerry Adams asked the Taoiseach the number of staff employed by the strategic communications unit; and their respective responsibilities and positions. [49483/17]

Gerry Adams

Ceist:

99. Deputy Gerry Adams asked the Taoiseach the number of additional staff that are scheduled to be employed by the strategic communications unit in the next six months; and their respective responsibilities and positions. [49484/17]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 98 and 99 together.

There are seven staff working in the Strategic Communications Unit of my Department:

- One Director (equivalent to Assistant Secretary);

- Three Assistant Principal Officers;

- One Higher Executive Officer (equivalent);

- One Administrative Officer; and

- One Clerical Officer.

My Department is currently finalising the assignment of three Media and Communications Assistants (equivalent to Executive Officer) to the Strategic Communications Unit to fill existing vacancies through an open competition run by the Public Appointments Service.

In addition, my Department recently finalised a selection process to second experienced and qualified civil servants at Principal Officer, Assistant Principal Officer, Higher Executive Officer and Administrative Officer level to the Strategic Communications Unit.

The staffing of the Strategic Communications Unit, like any other section of my Department, is a matter for the Secretary General and the senior management of the Department to consider.

Strategic Communications Unit

Ceisteanna (100)

Gerry Adams

Ceist:

100. Deputy Gerry Adams asked the Taoiseach the budget allocated to the strategic communications unit for the first year of its existence, including salaries. [49485/17]

Freagraí scríofa

The Taoiseach

My Department's budget for 2018 has decreased by 2% compared to 2017. €5 million has been allocated to the Strategic Communications Unit of my Department for 2018. My Department does not delegate salary budgets to individual divisions/units. The salaries of the staff in the Strategic Communications Unit will be met from my Department's 2018 administrative salary budget.

All costs (including salary costs) incurred in 2017 by the Strategic Communications Unit will be met from within the existing resources of my Department.

Strategic Communications Unit

Ceisteanna (101, 102, 103, 104, 105)

Gerry Adams

Ceist:

101. Deputy Gerry Adams asked the Taoiseach if his departmental officials sought information or advice from other governments in respect of the establishment of the strategic communications unit. [49486/17]

Gerry Adams

Ceist:

102. Deputy Gerry Adams asked the Taoiseach the research that was undertaken by his Department regarding the establishment of the strategic communications unit; and if this research will be published. [49487/17]

Gerry Adams

Ceist:

103. Deputy Gerry Adams asked the Taoiseach the relationship between the strategic communications unit and the Government press office. [49488/17]

Gerry Adams

Ceist:

104. Deputy Gerry Adams asked the Taoiseach if the strategic communications unit has engaged through social media or other online platforms to carry sponsored content; and the costs associated with same. [49489/17]

Gerry Adams

Ceist:

105. Deputy Gerry Adams asked the Taoiseach the number of meetings of the strategic communications unit that have taken place which have been attended by him and his officials, respectively. [49490/17]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 101 to 105, inclusive, together.

As part of the planning process in setting up the Strategic Communications Unit the Director and a member of staff in the Strategic Communications met with their counterparts in the UK and the Netherlands to learn at first hand how both countries went about the streamlining and optimisation of government communications, from the perspective of the citizen. Both countries have adopted a whole of Government approach to communications with the citizen placed at the centre.

Their communication systems aim to simplify how government information is communicated to the public so that it is delivered in a coherent and accessible manner. The SCU will continue to consult with international counterparts to seek to adhere to international best practice.

The decision to set up the SCU was informed by a need to streamline how Government communicates with its citizens. As an initial step, my Department conducted some research on existing communications activities, including the range of campaigns, brands and channels of communication used by different agencies, which have built up over many years, under successive governments. This research is ongoing and will be used by civil service management to help frame the work plan of the new unit.

The initial results of that research will be published shortly. The former Merrionstreet (GIS) function is integrated within the Strategic Communications Unit; the Government Press Office continues to operate as before in dealing with day -to-day media queries, under the direction of the Government Press Secretary.

A key part of the modernisation of Government communications is the greater use of social media. Recent initiatives in my department such as videos relating to Ireland's Rugby World cup bid, information about going back to school, the budget and Treatment Benefits cost approximately €21,895 in total. Sponsored posts appeared on Facebook, YouTube and Twitter.

I meet with the Director of the Strategic Communications Unit and all of the senior officials in my Department on a regular basis as part of the sub group of the Civil Service Management Board. The Strategic Communications Unit is a unit within my Department and, therefore, meets with Departmental officials on a regular and ongoing basis.

EU Summits

Ceisteanna (106, 107, 108)

Micheál Martin

Ceist:

106. Deputy Micheál Martin asked the Taoiseach if he will report on the EU summit on 17 November 2017; the issues that were discussed. [49553/17]

Micheál Martin

Ceist:

107. Deputy Micheál Martin asked the Taoiseach if there was discussion at the EU summit on the roadmap relating to the issues affecting the Border here in view of the fact that Northern Ireland is leaving the Single Market and the customs union. [49554/17]

Micheál Martin

Ceist:

108. Deputy Micheál Martin asked the Taoiseach if he had bilateral meetings at the EU summit meeting on 17 November 2017; the leaders he met; and the issues that were discussed. [49555/17]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 106 to 108, inclusive, together.

I attended the European Social Summit for Fair Jobs and Growth in Gothenburg, Sweden, on 17 November. I was accompanied by the Minister for Employment Affairs and Social Protection, Regina Doherty, and the Minister for European Affairs, Helen McEntee.

EU Heads of State and Government were joined by social partners and other stakeholders for an open discussion on how to promote fair jobs and growth in the future. There was a plenary session, followed by three parallel working sessions. I participated in the second, on the subject of fair employment and working conditions.

At the Summit, the Interinstitutional Proclamation on the European Pillar of Social Rights was formally signed by the Presidents of the Commission and Parliament, and on behalf of the Council by the Estonian Prime Minister, Mr Ratas.

The Social Summit was followed by a working lunch for Leaders chaired by European Council President Donald Tusk. This was the first in a series of discussions under his Leaders' Agenda, as endorsed by the October European Council, and it focused on education and culture.

There was no discussion on Northern Ireland at the Social Summit in Gothenburg.

In the margins of the Summit, I met with Prime Minister May. We discussed the ongoing political situation in Northern Ireland and agreed that our two governments would continue to engage with the parties to support and encourage them to reach agreement on the formation of a Northern Ireland Executive.

On Brexit, I reiterated the position of the EU 27 that greater clarity and confidence on how a hard border is to be avoided was needed before we could say that sufficient progress had been made to allow negotiations to move to Phase two.

I have consistently maintained that protecting the Good Friday Agreement in all its parts and the gains of the peace process is a key priority, not just for Ireland but for all remaining 27 Member States. Given that the UK Government has said that the UK should leave the Single Market and the Customs Union, the onus is on it to indicate how the commitment to avoiding a hard border is to be realised in that context.

Strategic Communications Unit

Ceisteanna (109, 110)

Micheál Martin

Ceist:

109. Deputy Micheál Martin asked the Taoiseach if funding was allocated from other Departments to fund the strategic communications unit; and the amounts his Department received from each Department. [49556/17]

Micheál Martin

Ceist:

110. Deputy Micheál Martin asked the Taoiseach the details of the tender for the research and insight survey which was issued by the strategic communications unit that drafted same; the changes that were made to same subsequently; and the reason these were made. [49557/17]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 109 and 110 together.

The costs associated with the Strategic Communications Unit, since its establishment in 2017, will be met from my Department's Budget. No monies have been sought from other Departments to fund the Unit. But it is intended that the Unit will drive savings across all Departments overtime through efficiencies generated by:

- cross-Governmental collaboration on major campaigns,

- more efficient use of technology platforms,

- consolidated media buying,

- efficient third-party contract management,

- rationalising design projects,

- streamlining participation in national events,

- increased communication capacity within Departments.

In 2018, my Department's budget has decreased by 2% compared to this year. The Unit’s budget of €5 million is a reallocation of existing resources within my Departments' budget for 2018.

My Department is about to award a contract for a Research services. Such work is a normal part of a professional communications function and has been undertaken by other public bodies in the past. The research will cover the public's view of Government, their perception of services provided by Government and their knowledge of the range and quality of those services and what the role of Government should be in their lives, with a view to helping us communicate more effectively with citizens.

However, in the light of concerns raised in relation to the scope of the research, my Department reviewed the tender and a number of clarifications have been made:

- the data to be collected is from the general public, from young people to older people; where possible the views of those under 18 are to be included; it will not therefore be confined to "Irish voters aged 18 or over"

- the definition of "Government" includes Departments, Agencies, Offices, state services and the work of the public sector and explicitly excludes anything party political or individual Ministers

- while it is standard that the intellectual property rights of research lie with my Department, as the client, rather than the research company, it will be published and available to everyone.

Industrial Relations

Ceisteanna (111)

David Cullinane

Ceist:

111. Deputy David Cullinane asked the Tánaiste and Minister for Business, Enterprise and Innovation if her attention has been drawn to the fact that a company (details supplied) has refused to implement Labour Court recommendation LCR 21574 recommending enhanced redundancy terms in respect of employees working for a subsidiary being made redundant; if her attention has been further drawn to the fact that the company refused to allow the workers to be represented by a union of their choice and that in rejecting the appeal against the workers being made redundant the company described the Labour Court recommendation as inappropriate and out of line with company policy and stated that the workers’ involvement in the union was a contributory factor to the negative outcome of the appeal; and if she will consider contacting the company to express their views on its treatment of workers and apparent contempt for the State’s industrial relations machinery. [49531/17]

Freagraí scríofa

Tánaiste and Minister for Business, Enterprise and Innovation

In reply to parliamentary question no. 160 put down by the deputy on 7 November last, I outlined the position in relation to the Labour Court Recommendation 21574 referred to by the deputy.

Labour Court Recommendation LCR 21574 was made under the Industrial Relations Acts 1946 to 2015 and published on the Court’s website at www.workplacerelations.ie. The Court's Recommendation followed a referral to the Court under Section 20(1) of the Industrial Relations Act, 1969. While referrals under that Section of the Act requires the referring party to agree to be bound by the Court’s Recommendation, there is no obligation on the other party to be bound by, or to accept, the Recommendation. In the current instance, the responding party, as is their right, did not attend the hearing of the Court and the Court did not have the benefit of their views in framing its Recommendation.

On the separate issue of trade union recognition that the deputy has raised, it is the case that Article 40 of the Irish Constitution guarantees the right of citizens to form associations and unions. It has been established, however, in a number of legal cases that the constitutional guarantee of the freedom of association does not guarantee workers the right to have their union recognized for the purpose of collective bargaining.

It has been the consistent policy of successive Irish Governments to promote collective bargaining through the laws of this country and through the development of an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association. There is an extensive range of statutory provisions designed to back up the voluntary bargaining process.

The Industrial Relations (Amendment) Act 2015 which came into effect on 1 August 2015 provides an improved framework in this area to facilitate employees’ right to engage in collective bargaining. The 2015 Act provides a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.

It ensures that such workers, aided by a trade union even where the trade union is not formally recognized by the employer, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court based on comparisons with similar companies. It provides definitions of key terms as well as guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer, and it provides policies and principles for the Labour Court to follow when assessing the comparability of the remuneration and conditions in dispute.

Ireland’s system of industrial relations is essentially voluntary in nature, and responsibility for the resolution of industrial disputes between employers and workers, rests primarily with the employer, the workers and their representatives.

As an independent adjudicative body, the Labour Court has discharged its statutory function in this matter and as Minister, I have no function in relation to this issue.

VAT Rate Application

Ceisteanna (112)

Bernard Durkan

Ceist:

112. Deputy Bernard J. Durkan asked the Minister for Finance the degree to which the 9% VAT rate continues to facilitate the hospitality sector and the customer; and if he will make a statement on the matter. [49632/17]

Freagraí scríofa

Minister for Finance

The 9% reduced rate of VAT is reviewed annually in the context of the Budget, including the costs and economic benefits and the additional revenue that could be raised by bringing the rate back to 13.5%.  Revenue’s most recent estimate for reverting the reduced 9% VAT rate back to 13.5% is that it would bring in extra revenue of €491 million.

In terms of economic benefit, employment in the accommodation and food service sector has grown significantly since the introduction of the 9% VAT rate. Employment in these sectors has increased gradually each year since 2011, with an increase of over 35% in the period of Q2 2011 to Q1 2017 – an increase of 40,500 jobs in the sector. The rate of increase in employment in this sector was significantly greater than the overall level of employment increase. In terms of overseas trips to Ireland by non-residents, the number of trips increased from 6.5 million in 2011 to 9.6 million in 2016, an increase of 48%.  However, these benefits could be attributed to other factors, such as the general and very strong recovery in the economy and better economic performance in the target markets.

I decided in Budget 2018 not to make any change to the 9% VAT rate as it continues to benefit the tourism sector throughout the country and any change in the rate could impact greatly on the tourism sector outside of the capital. I am also conscious of the impact the decline in the value of Sterling is having on UK visitor numbers and how any increase in the VAT rate might exacerbate this.

However, I accept that the 9% VAT rate must be subject to ongoing analysis.  In this context I have asked my Department to undertake a comprehensive study of all aspects of the 9% VAT rate ahead of next year’s Budget.

Stamp Duty

Ceisteanna (113)

Paul Kehoe

Ceist:

113. Deputy Paul Kehoe asked the Minister for Finance his plans to introduce a transitional period for the new rate of stamp duty until 31 December 2017 in order to allow all deals already commenced with deposit paid to be concluded with regard to the proposed rise in stamp duty from 2% to 6% for commercial properties; and if he will make a statement on the matter. [49520/17]

Freagraí scríofa

Minister for Finance

The rate of stamp duty on commercial property was increased from 2% to 6% by way of a Budget Day Financial Resolution in respect of all relevant conveyances executed on or after 11 October 2017. Finance Bill 2017 contains transitional measures in relation to extending the previous 2% rate for certain transactions that would have reached an advanced stage in the sale process before Budget day on 10 October 2017. The 2% rate of stamp duty applies where the seller and purchaser entered into a contract that was binding on both of the parties before 10 October 2017 and where the conveyance is executed on or before 31 December 2017.  I do not propose to broaden the scope of these transitional measures.

It is not possible to be definitive about whether the payment of a deposit would mean that a purchaser had entered into a binding contract for the purchase of a property or whether the deposit was merely a stage in the process leading up to a binding contract. If purchasers are in doubt about the status of a transaction they should consult with their legal advisors to determine whether they had, in fact, entered into binding contracts before 10 October 2017 and, indeed, whether the conveyances will be executed on or before 31 December this year.

State Aid Investigations

Ceisteanna (114)

Catherine Murphy

Ceist:

114. Deputy Catherine Murphy asked the Minister for Finance if the State has received part or all of the sum of €13 billion tax plus interest from a company (details supplied); if he has consulted with the Revenue Commissioners on this matter; and if he will make a statement on the matter. [49524/17]

Freagraí scríofa

Minister for Finance

Ireland has never accepted the Commission’s analysis in the Apple State aid Decision.

However, we have always been clear that the Government is fully committed to ensuring that recovery of the alleged Apple State aid takes place without delay and has committed significant resources to ensuring this is achieved as quickly as possible whilst ensuring that the interests of the Irish taxpayer are adequately protected.  

Officials and experts from across the State have been engaged in intensive work to ensure that the State complies with all its recovery obligations as soon as possible.

Ireland has made significant progress on this complex issue and is close to the establishment of an escrow fund in compliance with all relevant Irish constitutional and European Union law.

Public Procurement Regulations

Ceisteanna (115)

David Cullinane

Ceist:

115. Deputy David Cullinane asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that around 40% of the clients of a company (details supplied) here are in the public sector and that the value of the company's contracts with Government Departments is approximately €139 million; if he will consider reviewing the company's public sector contracts in view of same; and his plans to revise public procurement regulations to ensure that companies in receipt of public contracts conform to best practice with regard to labour rights and respect for the State’s industrial relations mechanisms. [49531/17]

Freagraí scríofa

Minister for Public Expenditure and Reform

Public Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers transparency and value for money outcomes. 

In addition, public procurement regulations require applicants to meet certain standards when applying for public contracts.  The criterion upon which contracting authorities may exclude applicants from the award procedure of public contracts is set out in Regulation 57 of S.I. No. 284 of 2016 - European Union (Award of Public Authority Contracts) Regulations 2016 – transposing Article 57 of Directive 2014/24/EU – the EU Procurement Directive.

To ensure that Procurement rules can be carried out in a consistent manner across the EU, the Directives normally require a formal final judgement before a contracting authority can legitimately take any action against a potential supplier.  Before an applicant, in relation to certain breaches, is excluded, the applicant may make a case and provide supporting evidence as to why it should not be excluded.  The contracting authority must consider this evidence before deciding whether to exclude or include an applicant. In addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.

The departments or agencies with primary policy responsibility are best placed to develop, implement, enforce and amend, as appropriate, legislation covering the issues raised by the Deputy. In this case, employment law and its enforcement, are matters for my colleagues in the Departments of Business, Enterprise and Innovation and Employment Affairs and Social Protection.

Contracting authorities are responsible for holding information on their suppliers and managing their contracts. The Deputy will appreciate that it would be inappropriate for me to comment on specific tenders or contracts.