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Tuesday, 20 Mar 2018

Written Answers Nos. 137-153

Public Appointments Service

Ceisteanna (137, 138, 139)

Clare Daly

Ceist:

137. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if guidelines to be followed by State bodies in running a recruitment process for CEOs are produced by his Department; and if so, if he will provide a copy of same. [12410/18]

Amharc ar fhreagra

Clare Daly

Ceist:

138. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if there is a requirement for State bodies to use validated assessment tools and techniques during the interview stages of a recruitment process for the position of CEO of State bodies. [12411/18]

Amharc ar fhreagra

Clare Daly

Ceist:

139. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if records of selection methods utilised including interview records and sufficient documentation to support each stage of a recruitment process for CEO of a State body must be maintained by the State body concerned. [12412/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 137 to 139, inclusive, together. 

While there are no specific guidelines issued by the Department of Public Expenditure and Reform in relation to the running of a recruitment process for CEOs of State bodies the Code of Practice for the Governance of State Bodies, 2016 provides a framework for the application of best practice in corporate governance for commercial and non-commercial State bodies.  The Code provides a set of principles and detailed provisions in relation to the fiduciary duty of all Board members of State Bodies to act in good faith and in the best interests of the State body. This would encompass the recruitment process for the appointment of a CEO.

Paragraph 1.7 of the Code states that the Board should have a formal schedule of matters specifically reserved for it for decision including issues such as the appointment, remuneration and assessment of the performance of and succession planning for the CEO.  Paragraph 1.8 of the Remuneration and Superannuation document of the Code requires that save in exceptional circumstances, and then with the agreement of the relevant Minister, the CEO should be recruited after a competitive process, and the contract should be signed prior to the CEO taking up duty.

The Public Appointments Service (PAS) is not generally responsible for the recruitment of CEOs for State Bodies. However, some State agencies (or their parent Department) do, from time to time, request that PAS run the process for the appointment of a CEO.  PAS will consider any such request where there is a legislative basis to do so and PAS has the capacity to undertake the work.  If the recruitment campaign is run by PAS, it is conducted in line with either the CPSA Code of Practice for Appointments to Positions in the Civil Service and Public Service or the PAS Guidelines for positions not under the remit of the Public Service Management (Recruitment and Appointments) Act 2004 as amended.

Where the campaign is run by PAS under the CPSA Code of Practice or its own Guidelines there is a requirement to use validated assessment tools and techniques at all stages of the selection process.  Where the campaign is run by PAS under the CPSA Code of Practice or its own Guidelines there is a requirement to maintain adequate records and documentation to support decisions made at all stages of the selection process.

Question No. 140 answered with Question No. 120.

Flood Relief Schemes Status

Ceisteanna (141)

James Browne

Ceist:

141. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding the Enniscorthy flood relief scheme; the status of works to control and eradicate invasive species of vegetation there; and if he will make a statement on the matter. [12451/18]

Amharc ar fhreagra

Freagraí scríofa

The River Slaney (Enniscorthy) Flood Relief Scheme is being progressed by the Office of Public Works (OPW) in conjunction with Wexford County Council. The Scheme has been provided for in the OPW multi-annual Capital Expenditure Budgets, and is one of the major schemes financed under the National Development Plan 2018-27. Consultants Mott Mc Donald are leading on the design of the flood defences element with Roughan O’Donovan commissioned to design the proposed new road bridge. The existing Seamus Rafter bridge is a contributing factor to flooding in Enniscorthy and must be removed to ensure the success of the scheme. A replacement road bridge will be constructed just downstream of the town (crossing over the existing playground), and a new pedestrian bridge will be constructed in the area of the Seamus Rafter bridge.

Initial site investigations have been completed, along with archaeological and ecological assessments and reports. An advance programme to control and eradicate invasive species of vegetation is currently underway. Following the identification of invasive species within the site in 2015, a detailed survey was carried out to ascertain the full extent of the problem and to enable a management plan and treatment programme to be put in place. Treatment, which involves the controlled application of an approved herbicide, was carried out in 2016 and 2017. During 2018, the treatment of Japanese knotweed will take place in April & September and the treatment of Himalayan Balsam will be carried out in July this year. Further advance construction elements which involve relocation of services and utilities along the Promenade are expected to commence in 2018.

The scheme design and Environmental Impact Assessment Report (and other relevant reports) will be made available to the public through the statutory exhibition process. Following this, submissions received will be assessed, and designs may be amended as a result. Subsequently, formal Confirmation or approval for the scheme will be sought from the Minister for Finance and Public Expenditure and Reform, with construction expected to start in mid to late 2019.

Flood Relief Schemes Status

Ceisteanna (142)

James Browne

Ceist:

142. Deputy James Browne asked the Minister for Public Expenditure and Reform when works will commence for the non-coastal flood relief works at Wexford Racecourse; and if he will make a statement on the matter. [12452/18]

Amharc ar fhreagra

Freagraí scríofa

I have been advised that the Office of Public Works approved funding of €126,000 in February 2018 under its Minor Flood Mitigation Works and Coastal Protection scheme to Wexford County Council for flood relief works at Wexford Racecourse, Co Wexford.

The implementation of these works is a matter for the Council and I understand that following the planning process and procurement of a contractor it is expected that works will commence in Q3 of 2018.

Flood Relief Schemes Status

Ceisteanna (143)

James Browne

Ceist:

143. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding the flood relief scheme for 179 properties in Wexford town as flagged by the CFRAM and the flood risk management plan; and if he will make a statement on the matter. [12453/18]

Amharc ar fhreagra

Freagraí scríofa

The core strategy for addressing areas at potentially significant risk from flooding is the Office of Public Works (OPW) Catchment Flood Risk Assessment and Management (CFRAM) Programme. The Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of preliminary flood risk management options and the production of Flood Risk Management Plans.

The CFRAM Programme is focussing on 300 Areas for Further Assessment (AFAs) including 90 coastal areas, mainly in urban locations nationwide, designated in 2012 as being at potentially significant risk of flooding. The flood risk for each of these areas has been assessed, through detailed engineering techniques to assess their risk and impact from flooding. This risk and the proposed feasible measures, both structural and non-structural, identified to manage that risk are outlined in the Flood Risk Management Plans.

Wexford town is an AFA and is being assessed by the South Eastern CFRAM Study. The proposed measure consists of building hard defences with an estimated average height of 1.4 m and a total length of 1.3 km. At risk properties would be protected by a series of flood embankments and walls, along with improvement of channel conveyance close to the downstream end of the Carricklawn River.

In summer 2017, the OPW finalised all Plans and each Plan was submitted to the Department of Public Expenditure and Reform (D/PER) for an independent review of the environmental assessments. Having now received the outcomes of the independent review of the environmental assessments for the Flood Risk Management Plans, the Commissioners of Public Works are submitting the Flood Risk Management Plans to the Minister for Finance and Public Expenditure and Reform for approval.

The National Development Plan 2018-2027 commits to almost €1 billion in funding for flood relief schemes, with annual Capital funding for the OPW doubling to €100 m by 2021. This funding will support continued investment in schemes at construction and design. Once the Plans are approved, I intend to announce a prioritised initial tranche of schemes proposed by the Plans to progress to detailed project level assessment and that provide greatest return for Government investment.

Customs and Excise Controls

Ceisteanna (144)

James Browne

Ceist:

144. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding works to consolidate the Revenue Commissioners' customs terminal accommodation in Rosslare Harbour, County Wexford; and if he will make a statement on the matter. [12454/18]

Amharc ar fhreagra

Freagraí scríofa

Additional accommodation is required for the Revenue Commissioners’ staff in Rosslare as current arrangements do not meet operational needs. A suitable site has been identified within the harbour that will accommodate both a vehicle turn out shed at ground floor level and modern staff accommodation at the upper level.

Rosslare Harbour is owned by CIE and negotiations are ongoing on the acquisition of the site. When these negotiations are completed, matters can be finalised. Plans for the new building have been agreed by the Revenue Commissioners and the Port Authorities and detailed planning drawings are being prepared.

State Properties

Ceisteanna (145)

James Browne

Ceist:

145. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding refitting Government buildings in Enniscorthy to enable consolidation of Department of Employment Affairs and Social Protection services; and if he will make a statement on the matter. [12455/18]

Amharc ar fhreagra

Freagraí scríofa

Government Buildings in Enniscorthy is occupied by the Department of Agriculture, Food and the Marine and the National Vetting Bureau of An Garda Síochána.

The Commissioners of Public Works are currently working with the occupants to see if the building can be reconfigured to free up enough space to meet the Department of Employment Affairs and Social Protection’s requirement for Enniscorthy.

Coast Guard Services

Ceisteanna (146)

James Browne

Ceist:

146. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding the construction of a new Coast Guard station at Kilmore Quay; and if he will make a statement on the matter. [12456/18]

Amharc ar fhreagra

Freagraí scríofa

The Commissioners of Public Works have undertaken a feasibility study on a site owned by Wexford County Council and this has been approved by the Irish Coast Guard Service. The acquisition of the site by the Commissioners is currently being processed by Wexford County Council.

Office of Government Procurement

Ceisteanna (147)

Alan Kelly

Ceist:

147. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform the mechanisms in place to monitor the performance of the Office of Government Procurement and of the impact of its decisions on small and medium sized enterprises supplying goods and services to the State sector [12471/18]

Amharc ar fhreagra

Freagraí scríofa

A key element of the Public Service Reform agenda is to reduce costs and achieve better value for money through reform of public procurement.  The Government established the Office of Government Procurement (OGP), which operates as an office of the Department of Public Expenditure and Reform, to lead on the Public Procurement Reform Programme.  The OGP commenced operations in 2014 and, together with four key sectors (Health, Defence, Education and Local Government), has responsibility for sourcing goods and services on behalf of the Public Service. The OGP also has responsibility for procurement policy and procedures.  The OGP, as part of my Department, is subject to the Civil Service and Ministerial accountability arrangements.

The encouragement of SME participation in public tendering opportunities has always been a core principle underpinning the OGP’s approach to the market. Accordingly, the OGP takes a balanced approach between delivering value for the taxpayer and ensuring that public procurement is accessible by all businesses, including SMEs. The primary measures aimed at achieving this objective are:

- Undertaking market analysis prior to tendering in order to better understand the range of goods and services on offer; market developments and innovation; what commercial models are available; the competitive landscape; and the specific capabilities of SMEs etc.

- Setting proportionate eligibility requirements, for example insurance and turnover, to support SME participation;

- Breaking tendering competitions into smaller lots (for example, by sector, region, value etc.) to actively encourage SME participation and to align with the capacity and capability of the marketplace;

- Actively engaging in a range of events to help foster awareness of and to encourage engagement in the public procurement process;

- Continuous engagement with SME stakeholders and the main enterprise agencies; and

-Promoting supplier awareness of eTenders, the Government’s national tendering platform (etenders.gov.ie).

Circular 10/2014 - Initiatives to assist SMEs in Public Procurement - issued by my Department contains a series of measures designed to assist SMEs in Public Procurement and sets out the policy in this regard.  This policy was reiterated in the Public Procurement Guidelines for Goods and Services issued in July last year.

My colleague, Minister of State Patrick O’Donovan, chairs the SME Advisory group, which meets on a quarterly basis in accordance with the Programme for Government.  This ensures that the voice of Irish SMEs can be heard by Government and the OGP.   The group, consisting of representatives from the public sector and SME business representative bodies, has been working to further promote SME participation in the public procurement process.

Finally, it is also important to remember that open tendering is a two way street and that it provides Irish companies with opportunities to compete abroad. Public expenditure on goods, works, and services representing approximately 14% of EU GDP with an annual value of nearly €2 trillion. The open market regime offers opportunities for Irish companies to win business abroad and reliable EU studies indicate that many Irish businesses are successful in this regard. 

The OGP will continue to work with stakeholders to ensure that winning government business is done in a fair, transparent and accessible way and to ensure that government procurement policies are business friendly.

Departmental Reports

Ceisteanna (148)

Alan Kelly

Ceist:

148. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform when he plans to publish reports (details supplied). [12472/18]

Amharc ar fhreagra

Freagraí scríofa

The OGP is a division of the Department of Public Expenditure and Reform and, as such, contributes to its Annual Report. The Department of Public Expenditure and Reform is finalising its Annual Report at present and subject to the agreement of the Government expects it to be published by end April.

In line with the publication of the Public Service Spend and Tendering Analysis Reports for 2014 and 2015, it is planned to publish the Public Service Spend and Tendering Analysis Reports for 2016 in Q3 2018 and the Public Service Spend and Tendering Analysis Reports for 2017 in Q3 2019.

Office of Government Procurement

Ceisteanna (149)

Alan Kelly

Ceist:

149. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform when he plans to publish the report of the independent external review of the tender advisory service of the Office of Government Procurement initiated in 2016. [12473/18]

Amharc ar fhreagra

Freagraí scríofa

The Tender Advisory Service (TAS), launched in December 2014, provides an informal outlet for potential suppliers to raise concerns in relation to live tender processes. The service became operational in February 2015 and is managed by the Office of Government Procurement (OGP). TAS liaises with potential suppliers and contracting authorities to clarify or query tender documentation and, where necessary, makes suggestions to contracting authorities aimed at resolving the concerns that have been raised

An internal review of TAS was conducted by the OGP after the first year of operation of the service.  The review was published in 2016 and concluded by recommending that the service should be continued for another year and efforts should be made to increase awareness amongst both suppliers and buyers.

An external review, as provided for in the Programme for Government, was carried out in 2017 and the final report was submitted to and discussed with the SME Advisory Group in December 2017.

This group is chaired, in accordance with the Programme for Government, by my colleague Minister of State Patrick O’Donovan and meets quarterly to discuss issues relating to SME access to public procurement. The membership of the group consists of officials from the OGP, the Department of Business, Enterprise and Innovation (DBEI), Enterprise Ireland (EI), InterTrade Ireland (ITI), the Competition and Consumer Protection Commission (CCPC), as well as representatives from the Irish Business and Employers’ Confederation (IBEC), the Irish Small and Medium Enterprises Association (ISME), the Small Firms Association (SFA), the Construction Industry Federation (CIF) and Chambers Ireland.

The OGP has received feedback from the SME Advisory Group on the recommendations contained in the report and are currently considering modifications to the service, to take on board the findings of the report and SME Representative Bodies’ feedback. The OGP expect to publish the external report on TAS alongside the re-launch of the service in April 2018.

Office of Government Procurement

Ceisteanna (150)

Alan Kelly

Ceist:

150. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform the reason the SME working group of the Office of Government Procurement has not met since February 2017. [12474/18]

Amharc ar fhreagra

Freagraí scríofa

The SME Working (Advisory) group, chaired by my colleague, Minister of State Patrick O’Donovan, meets on a quarterly basis in accordance with the Programme for Government, so that the voice of Irish SMEs can be heard by Government and the Office of Government Procurement (OGP).  

In 2017, the group met in February, May, September and December. The first meeting of 2018 was earlier this month on 8 March and further meetings are planned throughout 2018.  The group, containing representatives from the public sector and business representative bodies, has been working to further promote SME participation in the public procurement process.

The membership of the group consists of officials from the OGP, the Department of Business, Enterprise and Innovation (DBEI), Enterprise Ireland (EI), InterTrade Ireland (ITI), the Competition and Consumer Protection Commission (CCPC), as well as representatives from the Irish Business and Employers’ Confederation (IBEC), the Small Firms Association (SFA), the Construction Industry Federation (CIF), the Irish Small and Medium Enterprises Association (ISME) and Chambers Ireland.

Question No. 151 answered with Question No. 120.

Minor Flood Mitigation Works and Coastal Protection Scheme Applications

Ceisteanna (152)

Tom Neville

Ceist:

152. Deputy Tom Neville asked the Minister for Public Expenditure and Reform if a decision has been made on a minor flooding and costal protection works scheme grant application (details supplied); and if he will make a statement on the matter. [12562/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised that an application has recently been submitted by Kerry County Council under the Office of Public Works' Minor Flood Mitigation Works and Coastal Protection scheme for a project to repair the seawall on the North Kerry Way. This application is currently under consideration and the Council will be notified when a decision is a made.

Question No. 153 answered with Question No. 120.
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