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Tuesday, 29 Jan 2019

Written Answers Nos. 187-204

Garda Stations

Ceisteanna (187)

Aindrias Moynihan

Ceist:

187. Deputy Aindrias Moynihan asked the Minister for Public Expenditure and Reform when a car park will be constructed at a Garda station (details supplied); if funding has been approved for the project; and if he will make a statement on the matter. [3982/19]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that the Office of Public Works, OPW, received an enquiry from local Gardaí about developing the parking facilities at the Garda Station in question. A quotation for the work has been provided to Garda Estate Management, GEM, which must approve funding before the work can be scheduled by OPW for delivery. GEM has confirmed that the proposed car park remains under consideration.

Flood Risk Management

Ceisteanna (188)

Michael Healy-Rae

Ceist:

188. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if he will address a matter (details supplied) regarding a river in County Kerry; and if he will make a statement on the matter. [3995/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised that local maintenance and flooding issues, such as the issue identified here at Milltown Bridge, are a matter in the first instance for each Local Authority to investigate and address, and county councils may carry out maintenance and flood mitigation works using their own resources.

The OPW operates the Minor Flood Mitigation Works and Coastal Protection Scheme to provide funding to Local Authorities to undertake minor flood mitigation works or studies to address localised flooding and coastal protection problems within their administrative areas. This Scheme’s eligibility criteria, including a requirement that any measures are cost beneficial, are published on the OPW website. The OPW has received no application under this scheme for works in the area identified.

Dingle was assessed as one of the 300 areas believed to be at significant flood risk under the Catchment Flood Risk Assessment and Management, CFRAM, Programme. 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, in addition to 42 major projects already completed, and 33 major schemes within the existing capital works programme of the Office of Public Works, OPW.

The CFRAM Programme identified potentially viable flood relief works for Dingle that may be implemented after project-level assessment. These proposals include the provision of a storage area on the Dingle Stream upstream of the town, some defences at the downstream end of the Milltown Stream and tidal flood defences comprising of sea walls and embankment.

While the proposed scheme for Dingle is not in this first tranche of projects to be progressed, the OPW and the local authority will work closely to ensure that it will be commenced in the coming years and within the ten-year timeframe for the programme of investment.

Employment Rights

Ceisteanna (189)

Jan O'Sullivan

Ceist:

189. Deputy Jan O'Sullivan asked the Minister for Public Expenditure and Reform if consideration is being given to extending the right to work up to 70 years of age, which now applies to public servants and employees of semi-State companies; and if he will make a statement on the matter. [4008/19]

Amharc ar fhreagra

Freagraí scríofa

I take it that the Deputy is asking whether the provisions of the Public Service Superannuation (Age of Retirement) Act 2018, which applies to public servants, can be extended to employees of commercial State bodies.

The Public Service Superannuation (Age of Retirement) Act 2018 came into effect on 26 December 2018. The Act provides for an increase in the compulsory retirement age to 70 years old, for public servants recruited prior to 1 April 2004. Under the Act, any relevant public servant who had not already reached his/her compulsory retirement age before 26 December 2018 now has a new compulsory retirement age of 70 years old.

Most pre-2004 public servants are covered by the new Act, other than a member of the uniformed pension fast accrual group, such as Gardaí, Prison Officers, Fire Fighters and members of the Permanent Defence Force who, for operational reasons are required to retire early.

In my role as Minister for Public Expenditure and Reform, I have responsibility for the terms and conditions of public servants only. As the Deputy will be aware, employees of non-commercial State bodies are public servants and they are, therefore, covered by the new Act. Employees of commercial State bodies are not public servants. The terms and conditions, including compulsory retirement age, of employees of commercial State bodies (other than the Chief Executive Officer), are generally a matter for the body concerned and I have no direct input in relation to those terms and conditions.

Capital Expenditure Programme

Ceisteanna (190)

Jonathan O'Brien

Ceist:

190. Deputy Jonathan O'Brien asked the Minister for Public Expenditure and Reform the capital projects that will be delayed or deferred across all Departments due to the cost overruns of the national children’s hospital by the date on which they were due to commence; and the date to which they have been deferred in tabular form. [4152/19]

Amharc ar fhreagra

Freagraí scríofa

In my role as Minister for Public Expenditure and Reform, I am responsible for setting the overall capital allocations across Departments and for monitoring monthly expenditure at a Departmental level. Decisions on how and where those allocations are invested by Departments are a matter, in the first instance, for my Ministerial colleagues.

My Department is engaging with the Department of Health on the topic of the National Children’s Hospital, and how the increased costs of the project will be managed within the overall agreed NDP capital allocations. To that end, the Government has decided that in relation to the 2019 increased costs, €50 million will have to be found within the existing 2019 capital allocation for the Department of Health, with the remaining €49 million to be met by reallocation from within the overall €7.3 billion capital allocation for 2019.

To put this amount into context, the 2019 capital allocation has increased by €1,325 million or just over 22% above the 2018 provisional outturn figures. The Deputy will appreciate that, even with this adjustment, all sectors will still receive substantial additional resources in 2019 to pursue their priority projects. Public investment this year will reach 3.5% of national income (GNI*) compared to an EU average in recent years of 2.7% (GDP).

My officials are currently engaging with the Department of Health on the funding requirements for the National Children's Hospital over the period to 2022. When that engagement is complete, I expect to revert to Government with proposals in relation to how the increased costs of the project will be met, within the existing agreed annual NDP ceilings.

Finally, a major capital projects tracker is available on my Department’s website. The tracker sets out details of the key projects being implemented under the National Development Plan, including expected commencement dates. My Department is currently in the process of updating this projects tracker, informed by the latest information available from Departments, which information will then assist me in developing my proposals for meeting the increased costs of the National Children's Hospital within existing agreed annual NDP ceilings.

Legislative Process

Ceisteanna (191)

Pearse Doherty

Ceist:

191. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the legislation, including heads of Bills, from his Department that has been sent to EU institutions before its publication for the period of the thirty-second Dáil; and if he will make a statement on the matter. [4254/19]

Amharc ar fhreagra

Freagraí scríofa

I wish to confirm that no pieces of legislation, including heads of Bills, from the Department of Public Expenditure and Reform have been sent to EU institutions before their publication for the period of the thirty-second Dáil.

Public Service Stability Agreement

Ceisteanna (192)

Michael McGrath

Ceist:

192. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the benefits to existing public service pensioners under the Public Service Stability Agreement 2018-2020; and if he will make a statement on the matter. [4306/19]

Amharc ar fhreagra

Freagraí scríofa

The Government has approved public service pension increases under the pension increase policy adopted for the period to end-2020 as part of the Public Service Stability Agreement 2018-2020, PSSA. The principle of pay parity underlies this pension increase policy. This means that the pay increases agreed as part of the PSSA, and legislated for in the Public Service Pay and Pensions Act 2017, are passed on to pension recipients to bring the salary on which their pension is based up to the current salary rate of those still serving, after the pay increases have been applied to serving staff. Pension recipients qualify to receive an increase if the salary on which their pension is based is lower than the current salary rate of those still serving in the same grade and on the same scale point.

Because current salary rates for serving staff are being progressively restored to the pre-FEMPI cut levels, it means that for increasing numbers of pension recipients, the salary on which their pension is based will be overtaken by the current salary rates for serving staff, with the result that these pension recipients will qualify for pension increases.

In addition to the grant of pension increases as I have described, pension recipients will also benefit from the reduction/elimination of the Public Service Pension Reduction, PSPR, in accordance with the FEMPI Act 2015 and the Public Service Pay and Pensions Act 2017. The changes with regards to PSPR do not form part of the PSSA, but will take place during the time period covered by the Agreement.

Public Procurement Regulations

Ceisteanna (193)

Thomas P. Broughan

Ceist:

193. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if his Department was informed by the Department of Health that the normal procurement process for State projects was changed to a two-stage process in the case of the national children’s hospital; if his attention has been drawn to the possible escalation of costs arising from the two-stage development process; and if he will make a statement on the matter. [4317/19]

Amharc ar fhreagra

Freagraí scríofa

The Department of Health is responsible for the management of the New Children’s Hospital project including budget management, project governance, ensuring compliance with procurement rules and project appraisal in accordance with the Public Spending Code.

Government policy (through Circular 33/06) requires the use of the Capital Works Management Framework, CWMF, on all projects delivered under the Exchequer-funded element of the public capital programme. It is possible for public bodies to seek a derogation from the use of the standard forms of contract from the Government Contracts Committee for Construction, GCCC. In May 2014 the National Paediatric Hospital Development Board recommended this approach and secured a derogation. It is important to note that a derogation, where agreed, does not approve the approach or strategy of the contracting authority, but simply acknowledges that the circumstances are such as to warrant a different approach than the standard.

The budget oversight unit in the Department of Public Expenditure and Reform was never informed that a two-stage procurement process could increase costs beyond the Government approved allocation for the project. In November 2018, the capital cost increase of €450 million was brought to the Minister for Public Expenditure and Reform’s attention.

Brexit Expenditure

Ceisteanna (194)

Thomas P. Broughan

Ceist:

194. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the additional State expenditures in 2019 which will be incurred by necessity to fully implement the proposed omnibus miscellaneous provisions (withdrawal of the UK from the EU on 29 March 2019) Bill in the coming weeks; and if he will make a statement on the matter. [4318/19]

Amharc ar fhreagra

Freagraí scríofa

The General Scheme of the Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019 was published last week by my colleague, the Tánaiste and Minister for Foreign Affairs.

The Bill is made up of 17 parts relating to nine Departments. It prioritises those areas that need to be addressed urgently through primary legislation, focusing on the broad themes of protecting the citizen and supporting the economy, enterprise and jobs. The Bill is intended to be consistent with, and complementary to, the steps currently underway at EU level to prepare for the UK’s withdrawal.

It is intended to publish the full text of the Omnibus Bill on 22 February 2019. The Government will work closely with all the opposition parties and Oireachtas members to seek their cooperation in ensuring that the necessary Brexit-related legislation will be concluded in a timely manner and in advance of 29 March 2019.

Land Ownership

Ceisteanna (195)

Anne Rabbitte

Ceist:

195. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the reason landowners who farm or live along the bank of the River Shannon are being offered the opportunity to purchase land that they already live or farm on such as in a case (details supplied); the appeals mechanism for disputing maps; and if he will make a statement on the matter. [4338/19]

Amharc ar fhreagra

Freagraí scríofa

In line with Standing Order No. 42a, I will respond to the Deputy directly within ten working days.

Departmental Funding

Ceisteanna (196, 198, 200)

Gino Kenny

Ceist:

196. Deputy Gino Kenny asked the Minister for Education and Skills the status of the provision of emergency funding for remedial works at a centre (details supplied); and if he will make a statement on the matter. [3792/19]

Amharc ar fhreagra

John Curran

Ceist:

198. Deputy John Curran asked the Minister for Education and Skills the status of the provision of emergency funding for remedial works at a centre (details supplied) in County Dublin. [3733/19]

Amharc ar fhreagra

Eoin Ó Broin

Ceist:

200. Deputy Eoin Ó Broin asked the Minister for Education and Skills the status of the provision of emergency funding for remedial works at an educational centre (details supplied) in County Dublin. [3760/19]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 196, 198 and 200 together.

I am aware of the request for funding referred to by the Deputies. Dublin Dún Laoghaire Education and Training Board (DDLETB) has agreed to assist the Centre with addressing these issues. Officials from my Department have been in contact with DDLETB in recent days in that respect and with a view to progressing the resolution of these issues as quickly as possible.

School Accommodation Provision

Ceisteanna (197)

Niamh Smyth

Ceist:

197. Deputy Niamh Smyth asked the Minister for Education and Skills the status of the provision of a unit (details supplied); and if he will make a statement on the matter. [3732/19]

Amharc ar fhreagra

Freagraí scríofa

The school to which the Deputy refers was granted funding under the Additional Accommodation Scheme 2017 to build one mainstream classroom with en-suite toilets, an Assisted User WC and three SET Rooms.

In July 2018, further grant approval was given to the school to build a two-classroom SEN Base. My Department received correspondence from the school seeking clarification about the approved scope of works on 16 January 2019. This clarification has recently been provided and the school has been given approval to proceed to the planning stage.

Question No. 198 answered with Question No. 196.

Schools Building Projects Status

Ceisteanna (199)

Paul Kehoe

Ceist:

199. Deputy Paul Kehoe asked the Minister for Education and Skills the progress of a school building project (details supplied); and if he will make a statement on the matter. [3742/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that a building project for the school to which he refers is included in my Department's Capital Programme.

My Department is currently finalising the project brief with a view to progressing the project into the architectural planning process. The brief is expected to be completed shortly and my Department will be in further contact with the patron when this process has been completed.

Question No. 200 answered with Question No. 196.

Schools Building Projects Status

Ceisteanna (201)

John Brassil

Ceist:

201. Deputy John Brassil asked the Minister for Education and Skills the status of an application by a school (details supplied) for a new school building. [3767/19]

Amharc ar fhreagra

Freagraí scríofa

The project to which the Deputy refers has been devolved for delivery to the local Education and Training Board, ETB.

Under this arrangement, the ETB has appointed a Design Team for the project to design the buildings, obtain the necessary statutory planning permissions and move the project forward to construction in due course.

Teacher Secondment

Ceisteanna (202)

Charlie McConalogue

Ceist:

202. Deputy Charlie McConalogue asked the Minister for Education and Skills the reason secondary school teachers who are seconded for training on the new junior cycle are required to use the nearest education centre as a starting point for travel expenses; if the situation can be reviewed in order to allow rural based teachers avail of an increased expense from their home address in view of the fact that this is the location they will be travelling from (details supplied); and if he will make a statement on the matter. [3778/19]

Amharc ar fhreagra

Freagraí scríofa

I understand the Deputy’s question refers to Teachers seconded to education centres or associates of professional development services including the Junior Cycle for Teachers, JCT.

I wish to advise the Deputy that travel and subsistence payments apply to secondees to the Department’s support services including secondees to the JCT, in accordance with the regulations and at rates approved from time to time by the Department of Public Expenditure & Reform.

The nature of work for secondees to the support services necessitates travel to venues/schools in the area defined in their programme of work.

The conditions governing travel & subsistence payments and the procedures to be applied are set out clearly for Education Centres who administer the payments.

The regulations provide that travel expenses are paid for officially authorised travel between either the secondees place of work and the approved destination or the employee’s home and the approved destination, whichever is shorter.

In the case of Teachers seconded to Education centres, their place of work is the Education Centre.

Secondees to JCT should be aware of these provisions prior to taking up a secondment contract with the service, as this information is clearly outlined in recruitment and contract documentation.

School Expulsions

Ceisteanna (203)

Thomas Byrne

Ceist:

203. Deputy Thomas Byrne asked the Minister for Education and Skills if an expulsion can be expunged from a person's school record. [3747/19]

Amharc ar fhreagra

Freagraí scríofa

Under Section 23 of the Education Welfare Act, 2000, the board of management of a school is required to prepare a Code of Behaviour in accordance with the Tusla (formerly the NEWB), "Developing a Code of Behaviour: Guidelines for Schools". The Code of Behaviour must specify the procedures to be followed before a student may be expelled from school. Any decisions in relation to expulsion are a matter for the board of management of a school at local level.

An appeal may be made against a decision of a board of management to expel a student from school under Section 29 of the Education Act, 1998. Appeals are made to my Department and further information on the current Section 29 Appeals process is available on my Department's website at the following link: www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/ .

The recently enacted Education (Admission to Schools Act) 2018 provides for the amending of the current Section 29 of the Education Act, 1998, by the substitution of a new Section 29. When commenced, the amended Section 29 provisions will provide that where an independent Section 29 Appeals Committee allows an appeal relating to expulsion, the appeals committee shall direct the board of management to readmit the student and remove the expulsion from the record of the student.

Schools Building Projects Status

Ceisteanna (204)

Darragh O'Brien

Ceist:

204. Deputy Darragh O'Brien asked the Minister for Education and Skills the progress of a new school (details supplied) for Balbriggan, County Dublin; the stage the project is at; when construction will commence on the school; and if he will make a statement on the matter. [3748/19]

Amharc ar fhreagra

Freagraí scríofa

The major building project referred to by the Deputy is at an advanced stage of architectural planning, Stage 2(b) - Detailed Design, which includes the application for statutory approvals and the preparation of tender documents. All statutory approvals have been secured.

Following the appointment of a replacement consultant architect, the Design Team has reviewed the previous Stage 2(b) documentation and is currently upgrading the design to ensure that the new school building is a Near Zero Energy Building, NZEB, in compliance with the 2017 amendment to Part L of the current Building Regulations.

Upon receipt and review of the Stage 2(b) submission, my Department will revert to the Board of Management regarding the progression of the project.

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