Written Answers Nos. 400-419
400. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if a person (details supplied) is still on a panel for a Civil Service vacancy advertised in 2016; if so, the position of the person on the panel; and if he will make a statement on the matter. [32504/18]
Amharc ar fhreagraAs the Deputy will be aware, The Public Appointments Service (PAS) is an independent statutory recruitment body for the civil service and they have advised me that they do not comment on individual cases to third parties. Each application is treated as strictly confidential.
PAS has advised me that the individual concerned should contact them directly at the following email address: clearance@publicjobs.ie.
401. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform the expenditure incurred by his Department in respect of legal fees in each of the past three years; and if he will make a statement on the matter. [32531/18]
Amharc ar fhreagraThe details of the expenditure incurred by my Department in respect of legal fees in the last three years is set out in the following table:
|
Year |
Legal Services Provider |
Reason |
Amount Paid |
|
2015 |
Byrne Wallace |
Employment Law legal services |
€92,471 |
|
Philip Lee Solicitors |
Office of Government Procurement Framework advice |
€5,535 |
|
|
Total for 2015 |
€98,006 |
||
|
2016 |
Byrne Wallace |
Employment Law legal services |
€205,247 |
|
Eversheds |
Engagement of legal support services for the delivery of Office of Government Procurement national framework arrangements |
€394,068 |
|
|
Total for 2016 |
€599,315 |
||
|
2017 |
Byrne Wallace |
Employment Law legal services |
€127,680 |
|
Eversheds |
Engagement of legal support services for the delivery of Office of Government Procurement national framework arrangements |
€94,620 |
|
|
James Wall Solicitors |
Office of Government Procurement Bill of Costs for ongoing legal case |
€111,164 |
|
|
Total for 2017 |
€333,464 |
402. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform if his Department has contracted the legal services of a company (details supplied) at any point over each of the past six years; if so, the costs involved; and if he will make a statement on the matter. [32646/18]
Amharc ar fhreagraMy Department has not contracted the legal services of the company in question at any point in the past six years.
403. D'fhiafraigh Deputy Peadar Tóibín den Aire Caiteachais Phoiblí agus Athchóirithe cé mhead daoine ag obair sa seirbhís poiblí; cad é aois profíl na daoine seo; cén grád ina bhfuil na daoine seo; agus cé mhéad daoine a bhíonn ag fágáil an seirbhí gach bliain. [32828/18]
Amharc ar fhreagraDo bhí líon iomlán na seirbhísigh phoiblí ag deireadh an chéad ráithe de 2018 (an ráithe réitithe is déanaí) 320,293.
Tá na bannaí aois de réir catagóirí grád don StátSeirbhís faoi dheireadh na bliana 2017 agus 2016 leagtha amach thíos.
Is é líon na ndaoine sa Státseirbhís atá ar scor i 2017 ná 1,479 agus 1,457 i 2016.
Déanann na huimhreacha atá léirithe do gach catagóir grád léiriú ar na huimhreacha insan grád nó na huimhreacha i ngráid gurb ionann iad.
Giorrúcháin
AR: Ard-Runaí
AR (CI): Ard-Runaí (Comhionann)
DR: An Dara Ard-Runaí
LR: Leas-Runaí
RC: Runaí Cúnta
PO: Príomhoifigeach
PC: Príomhoifigeach Cúnta
AOF: Ardoifigeach Feidhmiúcháin
OR: Oifigeach Riaracháin
OF: Oifigeach Feidhmiúcháin
OF*: Oifigeach Foirne
OC: Oifigeach Cléireachais
OS: Oifigeach Seirbhíse.
404. Deputy Noel Grealish asked the Minister for Public Expenditure and Reform if the Office of Public Works plans to reopen Ardamullivan tower house (details supplied), which has been closed to the public for more than a decade; and if he will make a statement on the matter. [32943/18]
Amharc ar fhreagraArdmullivan Castle is a National Monument in State care and is maintained by the Office of Public Works. Currently, the Castle is in good conservation order and no works are considered necessary apart from ongoing light maintenance.
The provision of public access to the Castle is problematic due to a number of physical Health and Safety risks at the site. Accidents have happened at this location in the past and the OPW do not consider it safe for public to access. Additionally, the OPW do not have the resources necessary to provide a Guide service at the site and have no proposals to do so in the immediate term.
405. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if his attention has been drawn to correspondence from a person (details supplied); his plans to review the use of 1890 phone numbers across all Departments, in view of the fact that these lines may incur higher call charges from mobile phones; and if he will make a statement on the matter. [33038/18]
Amharc ar fhreagraThe Deputy will be aware that 1890 numbers were introduced with the intention of reducing call costs for members of the public to public bodies and were implemented by a large number of such bodies. At the time of their introduction, people primarily used landlines to contact public bodies and these calls were charged at local rates.
While the 1890 service was introduced as a low cost service for members of the public contacting public bodies at a time when people largely used landlines for that purpose, mobile phone usage has of course become more prevalent and the 1890 number is not treated as a low cost service or as part of ‘bundled minute packages’ by many mobile operators.
The question of rates charged by telecoms operators for telephone services, to include 1890 numbers, is a matter for the Commission for Communications Regulation (ComReg). ComReg launched a public consultation on “Non-Geographic Numbers” (NGN) ‘1800’, ‘1850’, ‘1890’, ‘0818’ and ‘076’ on 16 August, 2017. The draft findings from this consultation were published in July 2018 and are available at https://www.comreg.ie/industry/licensing/numbering/ngn-review/. ComReg notes that significant numbers of consumers are deterred from calling NGNs or are reluctant to use them. They acknowledge that this impacts consumers generally and those who may be financially and / or socially vulnerable in particular. ComReg have suggested two measures to address this issue:
1. introduce a new ‘Geo-Linked’ retail tariff measure for the 1850, 1890, 0818 and 076 NGNs; and
2. reduce the number of NGN types from five (1800, 1850, 1890, 0818 and 076) to two (1800 and 0818).
I understand that ComReg have invited further engagement from all interested parties on this issue, running until 22 August, 2018.
406. Deputy Bríd Smith asked the Minister for Public Expenditure and Reform the number and cost of all tenders awarded to companies (details supplied) under the external workplace investigations services guidelines of 2015. [33167/18]
Amharc ar fhreagraThe Office of Government Procurement (OGP), on behalf of the Minister for Public Expenditure & Reform conducted an open competitive tender process for the establishment of a Framework Agreement for the provision of External Workplace Investigation Services (EWIS). The purpose of this Framework Agreement was to establish a panel of external professional investigators to conduct formal workplace investigation services. This is available to central government departments and other public bodies. The Framework went live in March 2015.
The OGP facilitates mini-competitions under this Framework for both central government and other public bodies. It acts in an advisory role in this respect but the individual Contracting Authorities are accountable and responsible for the mini-competitions and any subsequent contracts. To date, the OGP has facilitated mini-competitions under the Framework Agreement for External Workplace Investigation Services on behalf of central government departments and other public bodies’ requests as outlined:
|
Year |
Completed mini-competitions |
|
2015 |
13 |
|
2016 |
23 |
|
2017 |
35 |
|
2018 (to date) |
24 |
The number of workplace investigations undertaken by each company and the cost of each investigation is a matter for each relevant Contracting Authority.
407. Deputy Bríd Smith asked the Minister for Public Expenditure and Reform if an audit of all external workplace investigations conducted by companies (details supplied) will be provided; the outcome of complaints against his Department; when the investigation will commence into an allegation against an employee; the number of occasions on which a complaint was upheld against his Department by the investigators; and the number of occasions on which an investigation against an employee found grounds for disciplinary action. [33168/18]
Amharc ar fhreagraEach contracting authority is responsible for determining the necessity for an audit on any independent third party external investigation service. I can confirm that there was no audit in this regard in my Department.
There was one investigation conducted and the outcome found grounds for disciplinary action.
408. Deputy Bríd Smith asked the Minister for Public Expenditure and Reform the companies selected to be placed on the panel for external workplace investigation services since the first contracting out of such investigations; the number of investigations undertaken by each company; and the cost of each investigation. [33169/18]
Amharc ar fhreagraThe Office of Government Procurement (OGP), on behalf of the Minister for Public Expenditure & Reform conducted an open competitive tender process for the establishment of a Framework Agreement for the provision of External Workplace Investigation Services (EWIS). The purpose of this Framework Agreement was to establish a panel of external professional investigators to conduct formal workplace investigation services. This is available to central government departments and other public bodies. For central government bodies these services are required in accordance with the Department of Public Expenditure and Reform (DPER) "Dignity at Work" Policy, An Anti-Bullying, Harassment and Sexual Harassment Policy for the Irish Civil Service. The Framework was established in March 2015.
The Framework Members are as follows:
- Acrux Consulting Limited;
- Collier Broderick Management Consultants and;
- Raise A Concern Limited.
The OGP facilitates mini-competitions under this Framework for both central government and other public bodies. It acts in an advisory role in this respect but the individual Contracting Authorities are accountable and responsible for the mini-competitions and any subsequent contracts. To date, the OGP has facilitated mini-competitions under the Framework Agreement for External Workplace Investigation Services on behalf of central government departments and other public bodies’ requests as outlined:
|
Year |
Completed mini-competitions |
|
2015 |
13 |
|
2016 |
23 |
|
2017 |
35 |
|
2018 (to date) |
24 |
The number of workplace investigations undertaken by each company and the cost of each investigation is a matter for each relevant Contracting Authority.
409. Deputy Robert Troy asked the Minister for Public Expenditure and Reform the expected changes to the public service retirement age; if the changes will come into force from the date on which they were announced or from the date they are signed in to law; and if he will make a statement on the matter. [33216/18]
Amharc ar fhreagraOn 5 December 2017, the Government decided to increase the compulsory retirement age to 70, for most public servants recruited prior to 1 April 2004. The majority of these public servants currently have a compulsory retirement age of 65.
Primary legislation is required for the new compulsory retirement age to be implemented and to that end, a Bill entitled the Public Service Superannuation (Age of Retirement) Bill 2018, was published on Monday 9 July and passed all stages in the Seanad on Tuesday 17 July. The Bill is being treated as a priority and I will be seeking an early date in the Dáil for further consideration of the Bill in the Autumn.
The main provisions of the Bill are that:
- The vast majority of public servants recruited prior to 1 April 2004 will have a new compulsory retirement age of 70;
- Those public servants will continue to accrue retirement benefits up to the new compulsory retirement age of 70, subject to a maximum of 40 years' service;
- The "uniformed pension fast accrual" group, i.e. Gardaí, Firefighters, Prison Officers and the members of the Permanent Defence Force, will be unaffected by these changes.
The new compulsory retirement age will not come into effect until the legislation is commenced. In order to make some accommodation for public servants who reach the age of 65 in the period between the Government Decision of 5 December and the commencement of the necessary legislation, the Government approved some limited interim arrangements which became effective from the date of the Government Decision. The interim arrangements (which have to respect the current statutory position of the compulsory retirement age of 65), through retire and re-hire, enable pre 2004 public servants who reach the age of 65 to remain in employment only until they reach the age of eligibility for the State Pension (Contributory), which is currently 66. In accordance with the existing statutory position, therefore, public servants who avail of the interim arrangements have retired and received their pension benefits.
The new compulsory retirement age of 70 will apply to affected public servants who, on the date of commencement of the legislation, have not already reached their current compulsory retirement age.
410. Deputy Carol Nolan asked the Minister for Public Expenditure and Reform the measures he is putting in place to yield in whole or in part the pension claims of community employment supervisors in budget 2019 and to honour Labour Court Recommendations LCR 19293 and LCR 16000; and if he will make a statement on the matter. [33545/18]
Amharc ar fhreagraAn issue which has been under discussion by the Community Sector High Level Forum relates to community employment supervisors and assistant supervisors who have been seeking, through their union representatives, the allocation of Exchequer funding to implement a Labour Court recommendation relating to the provision of a pension scheme.
At the April 2017 meeting of the Forum, my Department outlined its intention to conduct a detailed scoping exercise in order to comprehensively examine and assess the full potential implications of the issues under consideration. In considering the particular matter referred to, regard must be had to the costs and precedent of such an arrangement were one to be created.
A meeting of the Forum took place on Thursday, 23 November 2017 where the findings of the scoping exercise were shared with members of the Forum. A follow up meeting to deal with technical questions arising from the exercise took place on Friday, 15 December 2017.
While CE supervisors and assistant supervisors represent only a very small part of the wider community and voluntary sector, any provision of State funding for such a scheme in respect of those employees could potentially give rise to claims for similar schemes on the part of those workers in the broader sector who are in an identical position to CE workers.
The detailed scoping exercise carried out by my Department clearly illustrated that this matter presents very significant issues for the Exchequer, with a potential cost to the State of between €188 million per annum and €347m depending on the size of the sector which is difficult to ascertain, in respect of funding to enable an employer pension contribution in State funded Community and Voluntary organisations. This excludes any provision for immediate ex-gratia lump sum payment of pension as sought, which could, depending on the size of the sector, entail a further Exchequer cost of up to €318 million.
As has been previously stated to this House it continues to be the position that state organisations are not the employer of the particular employees concerned and having regard to this position it is not possible for the State to provide funding for such a scheme. The employees in question are, or were, employees of private companies notwithstanding the fact that the companies concerned are, or were, in receipt of State funding.
411. Deputy Catherine Martin asked the Minister for Public Expenditure and Reform if the decision on the construction of a modular Garda station for Stepaside, County Dublin is final (details supplied); if it is still planned that the station itself will be refurbished or rebuilt; if consideration has been given to making drawings or models of the modular construction available to the local community in advance of construction; and if he will make a statement on the matter. [33569/18]
Amharc ar fhreagraThe preferred solution for reopening Stepaside Garda Station is to provide a purpose built unit within the grounds of the former station and the OPW are currently engaging with An Garda Síochána to advance detailed design. As part of the normal Part 9 Planning process details will be available to the Public for comment. The future use of the former station building will be determined in line with OPW policy on vacant State property.
412. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the number of persons employed under the disability percentage programme across the public service; the systems in place to monitor the implementation of these targets; and if he will make a statement on the matter. [33657/18]
Amharc ar fhreagraI assume the Deputy is referring to the employment of people with disabilities in accordance with Section 5 of the Disability Act 2005. The National Disability Authority (NDA) has a statutory role in monitoring compliance with the 3% target contained in the Act.
It is my responsibility as Minister for Public Expenditure and Reform to submit a report to the NDA on the numbers of people with a disability employed in Government Departments and Offices staffed mainly by civil servants. This report is submitted to the NDA by 30 June each year.
Other Ministers have a responsibility to report to the NDA for public sector bodies under their aegis.
Following receipt of the reports, the NDA then prepares a report for the Minister for Justice and Equality, who has responsibility for publishing it.
I am happy to report that the figure for Government Departments and Offices staffed mainly by civil servants for 2016 was well above the 3% target at 4.5%, up from 4.2% for 2015.
The figures for 2017 were recently submitted to the NDA, in accordance with timelines, and will be published in due course by the Minister for Justice and Equality.
413. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the role of the Office of Public Works in drawing up a master plan for a location (details supplied); the person or body that prepared the brief for this project; the decision-making process that proposed that this location be used for a number of purposes; and if he will make a statement on the matter. [33673/18]
Amharc ar fhreagraIt is the Office of Public Works (OPW) role to manage the State's property portfolio effectively, ensuring that its potential is maximised and that it is used efficiently. To fulfil this role, the OPW is at the initial stage of preparing a master plan that will allow full flexibility on the future potential uses of the lands owned by the State at Knockmay, Portlaoise, Co. Laois. No decision has been made as to the specific uses that will be accommodated on the site.
414. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his plans for flood relief at a location (details supplied); the available funding in 2018 for the project; the estimated funding available in 2019; the programme of works to be completed; and if he will make a statement on the matter. [33696/18]
Amharc ar fhreagraThe Catchment Flood Risk Assessment and Management (CFRAM) Programme was the largest ever flood risk study carried out in the State and covered 300 areas believed to be at significant flood risk. The CFRAM programme culminated with the launch on 3 May 2018 of 29 Flood Risk Management Plans, which proposed 118 new outline flood relief projects, on top of the 42 major projects already completed and the 33 major schemes within the existing capital works programme of the Office of Public Works (OPW).
In that regard funding of €257 million for an initial phase of 50 flood relief projects throughout the country was also announced which would be progressed to detailed design and construction, including five large schemes identified in the Plans and 31 small projects under €1 million which will be progressed directly by local authorities.
Aside from the 5 largest schemes and the 31 small projects, the remaining projects in the initial phase of implementation were selected on the basis of those projects which would provide the greatest benefit in terms of the greatest number of properties protected on a regionally balanced basis. The proposed scheme for Portarlington is included in the initial phase of implementation.
The proposed flood relief scheme at Portarlington, Co. Laois has an estimated cost of €5.6 million and will protect 144 at risk properties by a series of hard defences consisting of flood embankments and walls which will be set back from the river channel where possible. The necessary funding to progress the proposed scheme in Portarlington will be made available by the OPW.
The OPW is liaising actively with all local authorities, including Laois County Council, in order to establish arrangements and structures on how best to progress the first tranche of projects and to maximise the scope for their early delivery, including, where feasible and appropriate, the local authorities taking the lead on the delivery of some of these projects. A key first step in the process will be the procurement and appointment of engineering design and environmental consultants to begin work on the development of the detailed design of the proposed schemes. This will commence as soon as possible. It is not possible at this stage to indicate when construction works will commence.
Once consultants are appointed to progress the scheme, consultation with statutory and non-statutory bodies as well as the general public takes place at the appropriate stages to ensure that all parties have the opportunity to input into the development of the scheme.
415. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his views on the protection offered under public private partnerships to subcontractors who carry out work on projects in which the main contractor does not pay for the work carried out; the arrangements in place to ensure that those who carry out work under publicly funded contracts in the public private partnership system are paid for their work; and if he will make a statement on the matter. [33699/18]
Amharc ar fhreagra416. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform his views on the protection offered under publicly funded contracts to subcontractors who carry out work on such projects in which the main contractor does not pay for the work carried out; the arrangements in place to ensure that those who carry out work on publicly funded contracts are paid for their work; and if he will make a statement on the matter. [33700/18]
Amharc ar fhreagraI propose to take Questions Nos. 415 and 416 together.
The conditions of most construction contracts in use between construction clients and building contractors in both the public and private sectors require that payments are made at defined intervals and that payment is contingent on work being completed to a pre-determined standard. There is usually no contractual obligation on the main contractor to make payments to subcontractors because this is left to the commercial arrangements that are contained in their respective contracts.
In order to address poor payment practices by some operators in the industry legislation to regulate payments under construction contracts was proposed by Senator Feargal Quinn. Now enacted and applicable to all contracts entered into since 25 July 2016, the Construction Contracts Act was developed with industry and received cross party support in both the Seanad and the Dáil. The Act imposes minimum terms on all construction contracts, public or private, whether they be written or oral and provides the tools necessary to enforce payment. These include:
- a maximum payment interval of 30 days and a requirement to honour payment requests within 30 days for sub-contractors;
- a right to suspension for non-payment; and
- a right to refer a payment dispute to adjudication.
The legislation also outlaws the practice of ‘pay-when-paid’ provisions which were prevalent in most forms of sub-contract.
While the legislation does not apply to a contract between a State authority and its partner in a PPP arrangement, it does apply to contracts that are subsequently awarded by the partner to a PPP.
In all forms of public procurement, whether through traditional procurement or PPP, contractual arrangements need to protect the public interest. Were provisions to be included in a public works contract to make direct payments to sub-contractors, in order to be enforced, it would require the main contractor disclosing their commercial arrangements with their subcontractors and so on down the supply chain so that the contracting authority can understand the different commercial arrangements in place throughout the supply chain. This in turn suggests that the contracting authority, who usually has no involvement in determining these commercial arrangements, should participate and in many cases manage the procurement process for each of the sub-contract packages which greatly increases the time and resource commitment necessary to procure and administer a project. There is also a considerable risk that the contracting authority would be drawn into contractual disputes between different members of the supply chain.
In PPP projects the Authority enters into a project agreement with the PPP company for the provision of works and services. The PPP company employs the construction and services companies who in turn employ the subcontractors. The Authority has no arrangement with the PPP Company’s works or services companies, nor the underlying subcontractors and is unable to intervene in a payment dispute.
417. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the number and name of the groups he met each month to date in 2018 that fall under the Regulation of Lobbying Act 2015; and if he will make a statement on the matter. [33715/18]
Amharc ar fhreagraI would like to draw the Deputy’s attention to the Register of Lobbying and its key objective which is to make information available to the public on the identity of those who are communicating with Government and senior civil and public servants on public policy matters. The Regulation of Lobbying Act 2015 established a web based registration system of lobbying activity which will tell us “Who is lobbying whom about what?”.
As the Deputy is aware, Designated Public Officials are not subject to rules regarding the registration and reporting of lobbying. Their interactions when lobbied must be reported by the lobbyists in accordance with the Regulation of Lobbying Act 2015. Therefore, when a lobbyist communicates with one of the lobbied about a relevant matter, they must register on the lobbying register.
The register is publicly available on lobbying.ie. It is user friendly and easily searchable so all those who lobbied a particular Designated Public Official can be viewed on the lobbying register.
Finally, the Deputy may wish to note that my diary, which contains information on the groups and people I have met, is also available at https://www.per.gov.ie/en/ministers-diary/.
418. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the number of public service recruitment applicants who sought to be included under the disability percentage programme in respect of a competition (details supplied) administered by the Public Appointments Service; and if he will make a statement on the matter. [33728/18]
Amharc ar fhreagraAs the Deputy will be aware, the Minister for Justice and Equality is responsible for recruitment in the first instance to the prison service.
The initial selection procedure is undertaken by Public Appointments Service (PAS) on behalf of the Irish Prison Service. PAS is an independent statutory recruitment body for the civil and certain other parts of the public service.
I understand that in February of this year, an open campaign was advertised for recruitment to the position of Recruit Prison Officer in the Irish Prison Service.
On a general point I should advise the Deputy that under the Employment Equality Acts 1998 - 2015, the Irish Prison Service is exempt from the provisions as they pertain to both age and disability.
419. Deputy Maureen O'Sullivan asked the Minister for Public Expenditure and Reform if a company (details supplied) received funding; the person or body accountable for the ways in which this funding is spent; and if he has oversight on the matter [33887/18]
Amharc ar fhreagraSince its establishment in 2011, my Department has not provided any funding to the company in question.
