Written Answers Nos. 190-209
190. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the number of agencies, boards or other bodies under the aegis of his Department that have been disbanded or amalgamated or whose functions have been subsumed into his Department since 2011; the number of such bodies set up by his Department since that date; the names of the bodies in each case; and if he will make a statement on the matter. [3409/18]
Amharc ar fhreagraIn response to the Deputy’s question the first table details the agencies, boards or other bodies under the aegis of my Department that have been disbanded or amalgamated or whose functions were subsumed back into this Department since 2011. The second table details the bodies set up by this department since that date.
Agencies, Boards or other Bodies disbanded, amalgamated or whose functions were subsumed back into the Department of Public Expenditure and Reform since 2011:
|
Name |
Established |
Comments |
|
Bureau of the Ombudsman |
2013 |
Office of the Ombudsman - Two bodies were merged. - The Ombudsman (Amendment) Act, 2012, which formalised the merger between the Office of the Commission for Public Service Appointments and the Office of the Ombudsman was enacted on 23 October 2012. The accounting functions were merged with effect from 1 January 2013. From that date onwards, the votes of the Office of the Commission for Public Service Appointments and the Office of the Ombudsman were merged. |
|
The Valuation Office |
|
In 2015 the Valuation Office was a vote within the Departmental group of votes.
In 2016, the Valuation Office was moved to the Justice Group of votes.
In 2018, the Valuation Office was moved again to the Housing Group of votes.
It is planned to merge the Valuation Office, the Property Registration Authority and Ordnances Survey Ireland into a new body called “Tailte Éireann”. Work is ongoing in this regard. |
Agencies, Boards or other Bodies set up by the Department of Public Expenditure and Reform since 2011:
|
Name |
Established |
Comments |
|
National Shared Service Office |
2018 |
The National Shared Services Office (NSSO) became a statutory office on 1st January 2018, established under the National Shared Services Office Act 2017. It was originally set up in 2014 on an administrative basis within the Department of Public Expenditure and Reform. In 2015, the Government approved the establishment of the NSSO on a statutory basis. The legislation was commenced on 1st January 2018, when the NSSO became a separate civil service office and the existing staff and resources moved from DPER to the NSSO. |
|
The Office of the National Lottery Regulator |
2014 |
The Office of the National Lottery Regulator was established under the National Lottery Act 2013 and commenced in November 2014 with the appointment of the first Regulator. |
191. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the amount paid out and the number of claims the payouts related to by each agency under the aegis of his Department in respect of personal injury claims in each of the years 2010 to 2017; the number of claims that were settled outside of court in each of these years; the number of payments made as a result of a court judgment in each of these years; the nature of the claims; and if he will make a statement on the matter. [3426/18]
Amharc ar fhreagraThe material requested by the Deputy is currently being collated by the State Claims Agency, on behalf of my Department. Given the large volume of Parliamentary Questions currently with the State Claims Agency, I am advised that the material is not yet available. It will be completed shortly and my Department will then provide the response directly to the Deputy.
192. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the number of complaints and judicial review cases, respectively, taken on by his Department relating to allegations of unfair and or unlawful public procurement procedures for the past five years, in tabular form; and if he will make a statement on the matter. [3463/18]
Amharc ar fhreagraI am informed that Departments receive queries/complaints from time to time during the procurement process but these are usually resolved either during the procurement process itself or at pre-litigation stage. However, the following are a list of procurement proceedings (includes ongoing and concluded cases) which have been brought against Government Departments in the last five years and which challenge elements of the procurement process. Case titles only list the primary parties to a case.
|
Case Name |
Record Number |
|
Newbridge Tyre & Battery Co. Limited t/a Auto Fleet Service Centre v The Garda Commissioner and Corcoran Auto Body Works Limited |
2017/964JR |
|
WordPerfect v Minister for Public Expenditure and Reform |
2017/150/MCA |
|
BAM PPP PGGM Infrastructure Coöperatie U A v National Treasury Management Agency |
2015 176/JR |
|
Student Transport v. Department of Education & Skills |
2011/1043/JR and Supreme Court Record Number 116/16 |
|
Copymoore v. Commissioner of Public Works for Ireland 1 |
2012 918 JR and Supreme Court Record number 335/13 |
|
Copymoore v. Commissioner of Public Works for Ireland 2 |
2013 211 JR |
|
Word Perfect v Commissioner of an Garda Síochána |
2015 149 JR |
|
TMS v Geological Survey of Ireland and Department of Communications, Energy and Natural Resources |
2015 296 JR
|
193. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the number of judicial review cases not taken due to the practice by Departments to seek security for costs, thus preventing a judicial review of possible unfair and-or unlawful public procurement procedures; and if he will make a statement on the matter. [3464/18]
Amharc ar fhreagraI am informed that, aside from the Student Transport v. Department of Education case (2011/1043/JR) (see the response to Question No. 198 for a list of ongoing and concluded procurement cases against Departments over the past five years), the Office of Government Procurement (OGP) is not aware of any other cases against Departments where an order for security for costs was made.
As a Department would only have the opportunity to seek security for costs when a case is brought, it would not be possible to have information relating to cases which were not brought due to a possible concern on the part of a potential applicant regarding the court’s jurisdiction to make an order for security for costs. In any event, I am informed that a security for costs order does not prevent the hearing of the judicial review application by the High Court. Furthermore, the OGP does not have a practice of seeking security for costs in public procurement matters.
194. Deputy Eugene Murphy asked the Minister for Education and Skills the reason a school (details supplied) has been waiting for an engineer to inspect the proposed new site for the purpose of building a new school for over three years; and if he will make a statement on the matter. [3184/18]
Amharc ar fhreagraA building project for the school referred to by the Deputy is included in my Department’s current 6 year construction programme.
Officials from my Department have been working with Galway County Council under the Memorandum of Understanding for the acquisition of school sites in order to identify and procure a suitable site for the school. A number of potential site options have been identified and these are currently under consideration.
While the site acquisition process is underway, given the commercial sensitivities associated with land acquisitions generally I am not in a position to comment further at this time.
195. Deputy Tony McLoughlin asked the Minister for Education and Skills if an application for a transfer of school by a person (details supplied) will be decided upon; and if he will make a statement on the matter. [2774/18]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 115,000 children, including almost 12,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
Under the terms of my Department’s School Transport Scheme for Children with Special Educational Needs, children are eligible for school transport where they are attending the nearest recognised: mainstream school, special class/special school or a unit, that is or can be resourced, to meet their special educational needs.
Eligibility is determined following consultation with the National Council for Special Education (NCSE) through its network of Special Education Needs Organisers (SENO).
The child in question was eligible for school transport.
Under the terms of the Scheme services may be withdrawn and/or replaced with an alternative service/grant where circumstances change. A change in existing circumstances includes a change of address or attendance at a different school.
School Transport Section of my Department has not received an application for school transport to the school now being attended by the child.
On receipt of such an application, the matter will be examined.
196. Deputy James Browne asked the Minister for Education and Skills the timeframe of proposed development for a school building project (details supplied) to solve an inadequacy of facilities; and if he will make a statement on the matter. [2833/18]
Amharc ar fhreagraAs the Deputy is aware, a project for the school in question is included on my Department's 6 year Construction Programme.
A site is required to facilitate the construction of a permanent school building and officials from my Department continue to work closely with the local authority under the Memorandum of Understanding for the acquisition of school sites in order to identify and procure a suitable site for the school referred to by the Deputy.
197. Deputy James Browne asked the Minister for Education and Skills if his Department has engaged with the Department of Health regarding a possible transfer of lands from the old health centre at Grogan’s Road, Wexford, County Wexford, which will soon be demolished, to a school (details supplied) which is located to the south east of the site, landlocked and in need of extra space to expand to meet growing demand; and if he will make a statement on the matter. [2841/18]
Amharc ar fhreagraMy Department understands that the lands referred to by the Deputy are associated with the development of a new primary care centre in Wexford town.
I wish to advise the Deputy that my Department is currently liaising with the school authority in question relating to the school's accommodation needs.
198. Deputy Robert Troy asked the Minister for Education and Skills the status of an application by a school (details supplied) for a new sports hall in view of the fact that physical education is to be part of the leaving certificate curriculum. [2842/18]
Amharc ar fhreagraTwo new physical education elements at senior cycle will be introduced to schools on a phased basis from September 2018:
1. Leaving Certificate Physical Education (an optional subject for examination in the Leaving Certificate);
2. A Senior Cycle Physical Education Framework (not for examination).
As part of the process of identifying schools to participate in Phase 1 of the implementation of Physical Education in Senior Cycle commencing in September 2018, a circular letter (ref 0080/2017) was recently issued by my Department to all post-primary schools inviting them to apply. The letter advised of the selection criteria that would be used to assist in selecting the Phase 1 schools. These criteria include the requirement that schools have suitable facilities including indoor and/or outdoor spaces for learning in Physical Education.
Phase 1 of the implementation process will involve a small cohort of schools who have the capacity to introduce Physical Education as a Leaving Certificate subject and/or the Senior Cycle Physical Education Framework in September 2018. The deadline for applications to participate in Phase 1 is 16 January. Planning for the subsequent rollout of the subject and framework as an option to all schools will require further consideration regarding the capacity of schools to offer these elements.
In relation to the application for indoor sport facilities from the school referred to by the Deputy, my Department has been in contact with the school concerned to advise that it is not possible, at this time, to address its application.
199. Deputy Brendan Howlin asked the Minister for Education and Skills the implications for the public private partnership contract in place for school bundle five with the liquidation of a company (details supplied); the number of outstanding payments to be made; the amount paid to date; the progress and status of each individual project in the bundle; and if he will make a statement on the matter. [2879/18]
Amharc ar fhreagraIn respect of the Schools Bundle 5 PPP programme, a contract exists between my Department and the Principal contractor, Inspiredspaces. Inspiredspaces is the name of the Special Purpose Vehicle (SPV) responsible for the design, construction, finance, operation and maintenance of the programme.
The company referred to by the Deputy has been a 50% shareholder in InspiredSpaces. It is important to note that Inspiredspaces remains in place as the SPV responsible for delivery of Schools Bundle 5. The other 50% shareholder in the SPV is the Dutch Infrastructure Fund (DIF).
The National Development Finance Agency (NDFA) is responsible for management of the PPP contract on behalf of the Department of Education and Skills. The NDFA is currently engaging with DIF in relation to next steps. Every effort is being made to ensure delivery of the schools in as timely a manner as possible. The buildings in question are approximately 90% completed, with Loreto College Wexford being the most advanced.
Payment for the construction, operation and maintenance of these schools is made through annual inflation-linked payments called "unitary charges", the first of which will be made following the completion of the first school building.
Additionally, the contract provides for the payment of a lump sum for the completion of the off-site works and related costs to allow for the delivery of these schools. €4.4 million has been paid to Inspiredspaces in that respect. No further payments have been made in respect of this project agreement.
200. Deputy Tom Neville asked the Minister for Education and Skills if a person who was formerly a teacher in receipt of the occupational retirement pension on medical grounds can be transferred to an occupational retirement pension; and if he will make a statement on the matter. [2926/18]
Amharc ar fhreagraEntitlement to a teacher’s pension on grounds of ill-health is not automatic. Such a pension is granted under the statutory pension scheme for teachers by my Department where the Occupational Health Service physician, following detailed assessment of the available medical evidence, recommends that the teacher is no longer incapable by reason of infirmity of discharging his or her duties as a teacher and that infirmity is likely to be permanent. The Occupational Health Service provider is tasked with, among other things, providing independent medical advice to my Department in respect of applications for retirement on ill-health grounds by teachers and other school staff.
Where a teacher retires through ill-health on pension, the service on which the benefits are calculated may, under the scheme rules, be augmented to enhance the pension payable.
The pension scheme does not provide for a person in receipt of a pension granted due to ill-health to transfer to any other form of pension payable under the pension scheme.
In the event that a teacher makes a full recovery from the illness in respect of which ill-health retirement was awarded, it is open to him/her to submit medical evidence of this to my Department. The medical evidence would then be assessed by the Occupational Health Service and in the event that the teacher was deemed no longer unfit to discharge the duties of a teacher, s/he could seek employment as a teacher or any other employment. However pension would immediately cease and would not resume until ultimate retirement. Any added service previously awarded would be excluded in the calculation of benefits on ultimate retirement.
201. Deputy Brendan Howlin asked the Minister for Education and Skills the status of the proposed school building project for a school (details supplied) in County Wexford; and if he will make a statement on the matter. [2950/18]
Amharc ar fhreagraThe school to which the Deputy refers submitted an application to my Department for additional accommodation last week. The application will be assessed and a decision will be conveyed to the school authority as soon as the assessment process has been completed.
202. Deputy Kathleen Funchion asked the Minister for Education and Skills if his Department will provide financial support to the board of management of a school (details supplied) to enable it to repair the damage done to the playground and the perimeter fence separating the school from the Donagh river by the severe floods in August 2017. [2974/18]
Amharc ar fhreagraThe school to which the Deputy refers applied under my Departments Emergency Works Scheme to carry out works to a damaged fence. My Department is currently awaiting additional information from the school. Once this information is received a decision will issue directly to the Board of Management.
203. Deputy Kathleen Funchion asked the Minister for Education and Skills his plans to visit County Donegal and meet the board of Donegal Education and Training Board and a delegation of parents and teachers regarding delays in securing a site for the three-school campus at Buncrana, County Donegal; and if his officials are treating this matter with urgency and ensuring that all options for securing a site are actively being pursued. [2975/18]
Amharc ar fhreagraAs the Deputy is aware the project to which she refers is included on my Department’s capital programme.
Officials in my Department continue to liaise with officials in Donegal County Council in relation to the acquisition of a suitable site to accommodate this building project. Given the difficulties encountered in the site acquisition process to date, Council and Department officials are currently assessing and evaluating potential next steps.
In that context I do not believe that a meeting would be constructive at this time. However my officials will keep the ETB and An Foras Pátrúnachta, as school patrons, appraised of ongoing developments as they occur.
I can assure the Deputy that all parties are working to bring this acquisition process to a completion as early as possible, and that all options with regard to acquiring a site are under consideration.
204. Deputy Kathleen Funchion asked the Minister for Education and Skills the reason for the delays in progressing the extension works at a school (details supplied); and if these delays will be addressed by his Department. [2976/18]
Amharc ar fhreagraAs the Deputy may be aware, the project to which she refers has been devolved for delivery to the local Education and Training Board (ETB).
The project is currently at pre-stage 1 of the architectural planning process which is the outline sketch stage. The ETB recently submitted the pre-stage 1 report to my Department and this is being examined in my Department in consultation with the ETB. When the pre-stage one submission has been satisfactorily completed, sanction can be given for the project to move to the detailed design stages of the architectural planning process.
205. Deputy Joan Burton asked the Minister for Education and Skills the progress to date with the construction of a school (details supplied) which commenced construction in May 2017; when it is envisaged that construction will be completed; when the new school will be ready for occupation; and if he will make a statement on the matter. [2988/18]
Amharc ar fhreagraI am pleased to inform the Deputy that phase 1 of the project, the construction of the temporary school and decant has been completed at Mercy Convent, Naas.
Phase 2, demolition of the existing school building and construction of the permanent 32 classroom school recently commenced.
The contract period is 24 months.
206. Deputy Jan O'Sullivan asked the Minister for Education and Skills the developments that have been made in relation to a new building for a school (details supplied) in County Limerick; and if he will make a statement on the matter. [3026/18]
Amharc ar fhreagraAs the Deputy is aware, a building project for the school to which she refers is included in my Department's 6 Year Construction Programme.
The project brief is being finalised with a view to progressing the project into architectural planning.
207. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if he has received legal advice in relation to significant breaches of fire regulations in schools; his plans to take legal action against the builders of these schools; and if he will make a statement on the matter. [3035/18]
Amharc ar fhreagraOfficials from my Department have had a number of meetings with the Chief State Solicitor's Office. Discussions with the CSSO are ongoing and I am sure the Deputy will appreciate that while this process is ongoing that any such advice sought by my Department is legally privileged. I am not in a position to comment further at this time.
208. Deputy Michael McGrath asked the Minister for Education and Skills the position in relation to an application for an additional ASD class in a school (details supplied) in County Cork. [3044/18]
Amharc ar fhreagraI wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible for approving special classes.
Should the NCSE approve a special class unit in the school referred to by the Deputy, it would be open to the school to submit an application for additional accommodation should there be a deficit of accommodation.
209. Deputy Tom Neville asked the Minister for Education and Skills if, under his new proposal to allow teachers who are on career breaks to do substitute work, the substitute days will go towards their pension entitlement; and if he will make a statement on the matter. [3047/18]
Amharc ar fhreagraTeaching Service given by a registered teacher in a substitute capacity, in a recognised school, whether given during a career break or otherwise, and for which salary is paid by my Department, is reckonable for pension purposes. This is regardless of whether the service is given under a pre-existing teachers’ pension scheme or under the Public Service Single Pension Scheme.
Teachers who are considering retirement directly from career break, who have given substitute teaching service during that career break, should consult the Pension Unit of my Department before applying to retire to ensure that they optimise their pension benefits.
