Written Answers Nos. 684-701
687. Deputy Sean Sherlock asked the Minister for Defence the number of contracts approved in his Department in 2019 and to date in 2020 without competitive tender; the details of the contract; the company awarded the contract; and the full value of the contract in tabular form. [33267/20]
Amharc ar fhreagraThe Department of Defence ensures that there is an appropriate focus on good practice in purchasing and that procedures are in place to ensure compliance with all relevant guidelines. In 2019, the Department complied with the guidelines with the exception of five contracts (in excess of €25,000) totalling €161,297 (excluding VAT) relating to various services contracts, which were extended beyond their original contract terms. Each of these five contracts have been reviewed by the Department, and steps are being taken to bring each of these contracts into compliance with competitive procurement rules as quickly as possible.
The Department has provided details of these exceptional contracts as part of the 89 contracts with a total value €19,679,110. (excluding VAT) that are included on the annual return in respect of Circular 40/2002 to the Comptroller and Auditor General and the Department of Public Expenditure and Reform. The 84 remaining contracts, with a value of €19,517,813 (excluding VAT), are considered compliant, as the justification for awarding these contracts falls within the exceptions to a competitive process permitted in national and EU legislation.
The main exceptions applied by the Department and Defence Forces are set out in the Defence and Security Directive 2009/81/EC. The Defence and Security Directive recognises the specific characteristics of defence and security procurement, its complexity and sensitivities, in particular security of supply and security of information considerations. Those considerations are also contained in Article 346 of the Treaty of the European Union.
An example of a legitimate circumstance whereby the Department or Defence Forces may award a contract on a non-competitive basis occurs is when the original equipment manufacturer is deemed the only suitable supplier. This may be necessary where a change in supplier would result in equipment with different technical characteristics, which would in turn result in incompatibility or disproportionate technical difficulties in operation and maintenance.
A number of other specific defence and security exclusions are provided for in the EU Directives namely:
- international rules or arrangements between Member States and third countries
- disclosure of information
- intelligence activities
- cooperative programmes
- contract awards in third countries
- government to government sales.
The table below provides a breakdown of the 89 contracts declared in the 2019 Appropriation Accounts, providing the number of contracts awarded under the various category of exclusion.
|
Reason for not having a competitive process |
Number of Contracts |
Value of Contracts |
|
Original Equipment Manufacturer |
47 |
€8,168,839 |
|
Only suitable service provider |
18 |
€2,784,679 |
|
Proprietary Goods/Intellectual Property issues |
5 |
€686,107 |
|
Sample Suit acquisition for assessment of specifications/market research |
1 |
€34,949 |
|
Security of Supply |
6 |
€5,973,625 |
|
Standardisation and Interoperability |
6 |
€1,839,970 |
|
Urgent Operational Requirement |
1 |
€29,644 |
|
Extended Beyond Original Contract Terms |
5 |
€161,297 |
|
Total |
89 |
€19,679,110 |
688. Deputy Ged Nash asked the Minister for Defence the specific constraints (details supplied) that prevent the Air Corps from providing a full 24-hour service to the HSE; and if he will make a statement on the matter. [33633/20]
Amharc ar fhreagraThe HSE’s Aeromedical Desk in its National Emergency Operations Centre is responsible for the co-ordination of transport arrangements for paediatric organ transplant transfers to the UK. Air transport for these patients is currently provided in three ways: Air Corps fixed-wing and rotor-wing aircraft; Irish Coast Guard rotor-wing aircraft; and private air ambulance providers.
As one of the components of the Defence Forces, the Air Corps contributes to all roles assigned by Government including responsibilities relating to the provision of Aid to the Civil Power and maritime security tasks. Like other elements of the Defence Forces, the Air Corps also undertakes other roles in accordance with agreed Memorandum of Understanding (MOU) and Service Level Agreements (SLAs).
In this context, the Department of Defence has an SLA with the Department of Health and the HSE for the Air Corps to use its fleet of helicopters and fixed-wing aircraft to transport patients and medical teams between hospitals within Ireland and the UK, on an as available basis. In accordance with the SLA, this availability is dependent upon the availability of suitable aircraft, the availability of flying crews and the suitability of weather conditions. The terms of the SLA do not provide for the Air Corps to deliver a dedicated, 24/7 transport service. This approach was maintained in the White Paper on Defence (2015) which stated that the Air Corps will continue to provide an emergency inter-hospital transfer service in support of the HSE on an as available basis. This means that fixed or rotary wing aircraft are not required to be on standby for this purpose. However, if such aircraft and personnel are available when requested for a mission, they can be deployed.
The level of availability of Air Corps aircraft for non-scheduled inter-hospital transfer tasks has reduced in recent years in respect of night time hours. As has been acknowledged, recruitment and retention issues in the Defence Forces are resulting in operational challenges primarily across the Naval Service and Air Corps. A range of actions have been taken to date to address these recruitment and retention issues and further actions are currently being progressed. These steps are enhancing capacity in the Air Corps with a view to a return to previous levels of capability.
I can assure the Deputy, however, that the Air Corps continues to provide support for emergency inter-hospital transfers on an “as available” basis, having regard to available capabilities and its primary security responsibilities. To date in 2020, the Air Corps completed a total of 45 inter-hospital missions utilising aircraft from the entire fleet, 31 of which were to the UK, including one priority transfer. Five-missions were outside of the agreed Service Level Agreement whereby the Air Corps provided the requested air transport of patients to or from mainland Europe. Over 20% of all emergency inter-hospital support occurred at the weekend.
689. Deputy Duncan Smith asked the Minister for Defence the amount due and paid to Ireland from the UN as part of the peacekeeping contract over the past three years; the amounts outstanding; and if he will make a statement on the matter. [33721/20]
Amharc ar fhreagraThe United Nations reimburses some personnel and Contingent Owed Equipment costs in respect of contributions to UN led operations. Rates of reimbursement, fixed in accordance with UN categories of equipment and personnel, are agreed in a Memorandum of Understanding between Ireland and the UN for each mission. The timing of the receipt of reimbursements is dependent on the financial situation at the UN.
Receipts from the United Nations from 2017 to 2019 and amounts outstanding at year end are set out in the table below. These receipts include amounts due from the previous year as reimbursements are received in arrears. All amounts outstanding from the UN at year end have been received.
Receipts amounting to €8.4m have been received from the UN, to date in 2020. The UN has advised that it is currently processing further reimbursements due to Ireland and these can expected to be received before the end of the year and during Quarter 1, 2021.
|
Year |
Amount Received |
Amount Outstanding at year end |
|
2017 |
€12.950m |
€3.412 |
|
2018 |
€14.004m |
€2.927 |
|
2019 |
€14.919m |
€3.816 |
|
2020 |
€8.473m (to date) |
690. Deputy Patricia Ryan asked the Minister for Defence if he will consider permitting the Permanent Defence Force and Reserve Defence Force to play a wider role in contact tracing; and if he will make a statement on the matter. [33822/20]
Amharc ar fhreagraWhilst the Defence Forces are not a primary response agency for non-security related emergencies, as defined in the Framework for Major Emergency Management, they provide the fullest possible assistance to the appropriate Lead Department in the event of a natural disaster or emergency situation in its Aid to Civil Authority (ATCA) role. In this regard, the full spectrum of Defence Forces personnel and equipment, commensurate with operational requirements, is made available for deployments, within current means and capabilities, as the need arises.
At the beginning of the COVID-19 pandemic, a Joint Task Force was established to coordinate the Defence Forces contribution to the whole-of-Government COVID-19 response. It has the authority to draw together, in a joint manner, the contribution of all of the elements of the Defence Forces – Army, Air Corps, Naval Service, Reserve, etc. This was provided for in a Defence Forces Regulation signed by and under the authority of the Minister for Defence.
The Defence Forces Joint Task Force is based in McKee Barracks and its priority from the beginning has been to provide support to the HSE, while retaining, at all times, a contingent capacity to provide Aid to the Civil Power support. The Defence Forces has provided a wide range of supports to the HSE, as coordinated by the Joint Task Force including the deployment of personnel to support the HSE in the area of contact tracing.
Most recently, Cadets and personnel from the Defence Forces School of Music have been deployed to support the HSE with contact tracing efforts. At the present time, a number of personnel from the Defence Forces School of Music are assisting the HSE in the area of contact tracing.
Other supports that the Defence Forces have provided to the HSE include:
- operation of the COVID-19 testing centre at the Aviva stadium;
- transportation by the Air Corps of COVID-19 tests to Germany;
- collection of PPE from more than 260 cargo flights and the storage and distribution of this PPE to various HSE sites;
- support for HSE testing efforts including through the deployment of Naval Service vessels to Dublin, Cork and Galway;
- PPE training to workers at Cork and Waterford harbours by Naval service personnel;
- provision of tentage and marshalling support at various HSE testing sites around the country;
- transportation of patients for testing;
- assistance with the fit out of temporary facilities for the HSE (for example, the HSE facilities at City West and the University of Limerick);
- production and assembly of PPE using 3D printing facilities; and
- the use of lands at Ballymullen Barracks as a COVID-19 testing facility and contact tracing hub.
In addition to support the HSE, the Defence Forces have also provided a broad range of supports to other Departments and Agencies. Provision of this support was also coordinated by the Joint Task Force and examples include:
- Support has been provided to the National Ambulance Service through Defence Forces ambulance and crew supports along with tele-triage supports and Covid 19 testing supports.
- Support to the Office of Government Procurement through assistance with storage and distribution of PPE.
- Support to the Department of Housing, Planning and Local Government through the use of lands at Sarsfields Barracks for the location of one of the National Temporary Body Storage Facilities. The Defence Forces were also on standby to provide support if required at the Dublin based National Temporary Body Storage Facility at the Royal Hospital Kilmainham.
With regard to the Reserve Defence Forces role in the fight against Covid 19 crisis some members of the RDF, who have skills which are required in the COVID 19 response, have been engaged in authorised COVID 19 activities in support of the PDF, on a voluntary basis and where their personal circumstances allow.
691. Deputy Patricia Ryan asked the Minister for Defence when he expects the investigation into the filling in of the hollow next to Donnelly's Hollow to conclude; the progress of same; and if he will make a statement on the matter. [33829/20]
Amharc ar fhreagraAs the Deputy will be aware my Department is in ongoing legal correspondence with Kildare County Council on the matter and as such I am not in a position to comment further.
692. Deputy Patricia Ryan asked the Minister for Defence his plans to bring the old Curragh post office building back into use; and if he will make a statement on the matter. [33830/20]
Amharc ar fhreagraThe building in the Defence Forces Training Centre, which housed a Post Office, was in use until 2019. The future use of this building will be informed by the Defence Forces plans for the long term configuration of this military installation. When such proposals are developed, any building works, if required, will be incorporated into the Defence Forces Built Infrastructure Plan.
693. Deputy Mary Lou McDonald asked the Minister for Defence the number of data protection breaches identified within his Department in 2019. [33840/20]
Amharc ar fhreagraA total of nine confirmed data protection breaches were identified in the Department of Defence in 2019.
Given the assessed level of risk involved to the data subjects, it was decided, in eight of the cases, that there was no requirement to report them to the Data Protection Commission (DPC). These eight breaches did not involve the disclosure or loss of multiple documents or amounts of data and where the breach involved such documents or data it related to single individuals.
One data breach was reported to the DPC, who did not request any further information and did not take or require any further action regarding the breach.
694. Deputy Violet-Anne Wynne asked the Minister for Defence if there are plans to have LÉ Niamh undergo a mid-life refit. [33858/20]
Amharc ar fhreagraThe White Paper on Defence sets out an ambitious programme of capital investment including mid-life refit and upgrade of the P50 class vessels, LÉ Róisín and LÉ Niamh.
The P50 class of vessels in the Naval Service ship flotilla were built in Appledore Shipyard in the UK. LÉ Róisín (P51) was commissioned in 1999, with LÉ Niamh (P52) commissioned in 2001. The service life of an Irish Naval Service ship is determined by the level of operational activity, but usually is around 30 years. It is, however, normal practice in a ship’s life to carry out a Mid-Life Extension Programme so as to extend the useful life of a ship to thirty (or more) years.
The P50 class vessels, 21 and 19 years old this year, now fall into the category of ship requiring a mid-life extension programme. Due to their age profile, much of the auxiliary equipment onboard is coming to the end of its useful life or is becoming obsolete and requires to be replaced in a structured manner.
The Mid-Life Extension Programme of LÉ Róisín commenced in March 2019, with an initial dry-docking phase followed by an extended period of equipment upgrade and refit works. Works are progressing more slowly than planned due to the impact of COVID restrictions, however, the works are scheduled to be completed in early 2021. Once LÉ Róisin returns to full operational status, LÉ Niamh will be withdrawn from operations and the Mid-Life Extension Programme of works on LÉ Niamh will then commence. The works programme for LÉ Niamh is expected to follow similar upgrades and refit works as LÉ Róisin.
695. Deputy Matt Shanahan asked the Minister for Defence if he will provide all disbursements of capital spending above €20 million on completed projects for each year since 2016 by name of project, department or body responsible for delivering project, county, NUTS 3 region, type of investment, construction commencement, completion year and actual cost in tabular form. [34187/20]
Amharc ar fhreagraThe table below outlines the Defence Capital Expenditure Projects in excess of €20 million that have been completed since 1 January 2016.
|
Name of Project |
Commenced |
Completed |
Actual Cost (VAT incl.) |
|
Naval Service Vessel Replacement Programme & Armament Project |
2010 |
2019 |
€288 million |
|
Air Corps Fixed Wing Utility Aircraft Project* |
2017 |
2020 |
€43 million |
*Final payments due at end-2020.
Capital expenditure costs for the Army, Air Corps and Naval Service are not identified geographically, but are included in the overall programme costs in the appropriate subheads of the Vote. Under the National Development Plan, as part of Project Ireland 2040, the Defence Vote was allocated €541 million in capital funding for the period from 2018 to 2022.
This level of capital funding allows the Defence Forces to undertake a programme of sustained equipment replacement and infrastructure development as outlined in the White Paper on Defence.
696. Deputy Louise O'Reilly asked the Minister for Education if funding will be released to a school (details supplied) for the construction of a physical education hall for which planning permission has already been granted in view of the focus of her Department on shovel-ready capital projects. [32378/20]
Amharc ar fhreagraIn relation to the school referred to by the Deputy, I can confirm that my Department is in receipt of an application for capital funding under the Additional School Accommodation (ASA) scheme. The School Authority has received the proposed project brief, which includes mainstream teaching accommodation, but does not include a new General Purpose Hall, as this does not fall under the remit of the ASA scheme. The capital project is currently devolved to the school authority for delivery.
As the Deputy is aware, the immediate priority of my Department is providing 20,000 new and replacement school places each year, to ensure that every child has access to a physical school place.
Under the National Development Plan (NDP), increased funding has been provided for the school sector capital investment programme. This funding allows for a continued focus on the provision of new permanent school places to keep pace with demographic demand and also provides for an additional focus on the refurbishment of existing school buildings, to include the building and modernisation of PE facilities in post-primary schools.
Under Project Ireland 2040, we will invest €8.4 billion in primary and post primary school buildings. The government is committed to a PE Hall build and modernisation programme, starting in the second half of the Project Ireland 2040 period.
Therefore, the school's application for funding for a General Purpose Hall cannot be considered at this time.
697. Deputy Jim O'Callaghan asked the Minister for Education if there are funds available to meet the Covid-19 compliance costs of a fee-paying primary school (details supplied); and if she will make a statement on the matter. [32402/20]
Amharc ar fhreagraThe Covid-19 Response Plan for the safe and sustainable reopening of primary and post-primary schools was published 27th July 2020. In addition Circulars 45/2020 and 0046/2020 outline the Covid-19 operational supports that are being made available to assist with re-opening of recognised schools.
These supports are made available to all recognised primary and post-primary schools in the free education sector and, through an application process, to recognised fee-charging schools. There is no funding for any private educational establishments outside of these categories such as the school referred to by the Deputy.
698. Deputy Richard Boyd Barrett asked the Minister for Education if the HSE is carrying out a risk assessment of the schools, and if not, the person or body that will; and if she will make a statement on the matter. [32540/20]
Amharc ar fhreagraMy Department has published a suite of helpful guidance for the safe and sustainable reopening of schools, in line with public health advice, including guidance on the completion and implementation of a Covid-19 response plan by primary, special and post-primary schools. Each school is required to have a COVID-19 Response Plan in place.
Covid-19 response plans are the means through which schools can best prevent the introduction and spread of Covid-19 in the school environment. Covid-19 response plans set out the practical steps schools must take to minimise the risk of introduction and transmission of Covid-19 in the school environment and provide for the safe operation of schools. The Covid-19 Response plans are based on the advice provided by the Health protection Surveillance Centre (HPSC) on infection prevention and control in educational settings.
The Department has been working closely with those schools who are experiencing particular difficulty in implementing and maintaining physical distancing arrangements in classrooms.
My Department has also agreed a Memorandum of Understanding with the Health and Safety Authority that reflects our shared objective of ensuring that the Return to Work Safety Protocol for addressing COVID-19 in the workplace is being implemented.
My Department’s Inspectorate will lead on visits to schools for the purposes of working with and advising schools in implementing the Return to Work Safety Protocol for addressing COVID-19 in the workplace and public health advice. The objective of the Inspectors visits in this context are to provide ongoing and continuous support to schools to sustain reopening in a Covid-19 context.
699. Deputy Catherine Murphy asked the Minister for Education the status of the review of the school transport scheme; if she has identified the groups that he will consult with as part of the review; if she will provide this Deputy with a schedule of those groups; and if she will make a statement on the matter. [32948/20]
Amharc ar fhreagraSchool Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2019/20 school year over 120,000 children, including over 14,200 children with special educational needs, were transported in over 5,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres at a cost of over €219m in 2019.
The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school. All children who are eligible for school transport and who completed the application and payment process on time have been accommodated on school transport services for the 2020/2021 school year.
In October 2019, my predecessor announced a review of the school transport scheme with a view to ensuring funds are being spent in the most effective way to meet the objectives of the scheme. Terms of reference and the scope of the review have been drafted and a Steering Group has been established.
Given the current evolving situation with Covid-19 and the continued restrictions the work of the Steering Group has been delayed. It is intended to convene the Steering Group shortly and to agree and supplement revised terms of reference to reflect the Programme for Government.
The Review will build on the proposals in the Programme for Government as they relate to school transport, including examining the options to reduce car journeys and assessing how the School Transport Scheme can work in liaison with the Safe Routes to Schools Programme; examining the options for providing a better value and a better service for students, including and examining issues such as the nearest or next-nearest school.
700. Deputy Richard O'Donoghue asked the Minister for Education if schools without music room facilities can resume their studies offsite; and if she will make a statement on the matter. [33125/20]
Amharc ar fhreagra739. Deputy Emer Higgins asked the Minister for Education if school children can continue to attend music lessons if they are preparing for an exam; if this falls into the continued education bracket; and if she will make a statement on the matter. [32731/20]
Amharc ar fhreagra785. Deputy Mattie McGrath asked the Minister for Education if extracurricular music education classes are allowed to continue during level 5 restrictions; if she will provide details on the guidelines relating to musical education under level 5; and if she will make a statement on the matter. [33191/20]
Amharc ar fhreagraI propose to take Questions Nos. 700, 739 and 785 together.
My Department has published a suite of helpful guidance for the safe and sustainable operation of schools. Each school is required to have a COVID-19 Response Plan for the safe operation through the prevention, early detection and control of COVID-19 in line with public health advice. This guidance is focused on the practical steps schools must take to minimise the risk of transmission of infection.
Schools have a particular role to play in establishing secure and safe learning environments, in supporting the wellbeing of all, and in planning collaboratively for teaching and learning in a way that enables all pupils to progress and flourish in the 2020/21 school year. Subjects which are being followed as part of the school curriculum, including music, can continue, once appropriate control measures are in place in line with a school’s COVID-19 Response Plan.
The specific focus of planning for individual subjects will vary from school to school in light of the individual school circumstances. Schools are advised to consult with guidance published by my Department is respect of practical subjects ‘Return to School Guidance for Practical Subjects in Post Primary Schools and Centres for Education’.
Further information is available at www.gov.ie/backtoschool.
Guidelines on undertaking private activities outside of school are not a matter for this Department.
701. Deputy Catherine Murphy asked the Minister for Education if a place can be made available in a special school for a person (details supplied); and if she will make a statement on the matter. [33707/20]
Amharc ar fhreagraEnsuring that every child has a suitable school placement is a key objective of this Department. Significant resources are allocated each year to ensure that appropriate supports are available for children with special educational needs.
The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide; has well established structures in place for engaging with schools and parents; and seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special education placements. Accordingly, I have referred this question to the NCSE for direct reply.
The NCSE's local Special Education Needs Organisers (SENOs) are available to assist and advise both schools and the parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: https://ncse.ie/regional-services-contact-list
In circumstances, where no placement is available for a child with special educational needs, the Department can provide Home Tuition grant funding towards the provision of 20 hours home tuition per week as an interim measure until the NCSE confirms that a placement is available.
Home Tuition will not however be available where a school placement has been identified by the NCSE. Similarly, failure to enrol a child in school will not give rise to eligibility under this scheme.
The NCSE has confirmed that they are aware of the child referred to by the Deputy and have assured me that they are available to support the family.
