Pearse Doherty
Ceist:508. Deputy Pearse Doherty asked the Minister for Finance the supporting documentation required for a VRT application to be processed; and if he will make a statement on the matter. [15872/21]
Amharc ar fhreagraVehicle Registration Tax
Ceisteanna (508, 509)
Pearse Doherty
Ceist:509. Deputy Pearse Doherty asked the Minister for Finance if a quarterly stock report and shipping documentation from the seller for a vehicle imported from Northern Ireland is required in order to process a VRT application; and if he will make a statement on the matter. [15873/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 508 and 509 together.
I am advised by the Revenue Commissioners that where an individual purchases a new vehicle in the State, the motor dealer will register it at the point of sale. The dealer will pay the relevant Vehicle Registration Tax and Value Added Tax to Revenue and the vehicle will be supplied with registration plates. In all other cases where a vehicle is purchased and brought into the State it must be registered at a National Car Testing Service centre (NCTS). At the NCTS centre the vehicle will be inspected and the tax payable calculated by the operator.
Where the vehicle to be registered is a new vehicle, a valid Certificate of Conformity (CoC) must be entered on the Revenue system before registration can proceed. A CoC contains information produced by a manufacturer that is unique to each vehicle manufactured. An individual purchasing a new vehicle to bring into the State must check in advance that the car seller has a CoC prior to purchase. Full details on CoC requirements for registration are available on the Revenue website at https://www.revenue.ie/en/importing-vehicles-duty-free-allowances/documents/vrt/ecoc-procedures-manual.pdf
Where the vehicle being purchased from abroad is a used vehicle, foreign registration documents will be required to register the vehicle in the State, along with confirmation of the level of CO2 and NOx emissions of the vehicle at the time of manufacture. Further documentation required at registration includes the PPSN and proof of identity of the person registering the vehicle and that of the vehicle owner if registering on behalf of someone else. A Vehicle Purchase Details (VPD) Form is required and documentary evidence of the date a vehicle entered the State. This evidence can include shipping details from the seller or travel documents. An import declaration specifying when the vehicle was brought into the EU is required as well as an invoice clearly showing the date of purchase. Where the invoice is more than 30 days old, evidence of vehicle storage outside the State may be required.
Since 1 January 2021 an import of a vehicle from Great Britain is treated as an import from a non-European Union (EU) country. Prior to presenting a vehicle imported from Great Britain for registration a customs declaration must be completed and any customs duty if applicable must be paid along with VAT at 23%.
Where a person has purchased a vehicle that was registered in Northern Ireland or registered to a person resident in Northern Ireland before 1 January 2021, this vehicle may be registered in the State, on payment of VRT, without any checks on its customs status. However, vehicles first registered in Great Britain and subsequently registered in or brought into Northern Ireland after 1 January 2021 may be liable to customs duty, if applicable, and are liable to VAT at import if they are subsequently imported into the State.
Where the importer provides a copy of the import declaration in respect of the importation into Northern Ireland that clearly identifies the vehicle, customs duty will not apply but VAT at import must be paid or accounted for. A VAT registered dealer will be able to avail of postponed accounting for VAT at import in respect of importations from Great Britain or Northern Ireland and therefore VAT will become payable when the vehicle is sold. The VAT registered dealer will account for the VAT at import in their normal VAT return and take a simultaneous input VAT deduction. When the vehicle is sold the dealer must charge VAT at 23% on the full value of the sale (excluding VRT), not their margin.
Full details on the requirements for registering a vehicle in the State, including the arrangements in place since 1 January 2021 for vehicles purchased from Great Britain and Northern Ireland, are available on the Revenue website.
Insurance Coverage
Ceisteanna (510)
Holly Cairns
Ceist:510. Deputy Holly Cairns asked the Minister for Finance the steps he is taking to ensure property owners at risk of flooding have fair access to insurance; and if he will make a statement on the matter. [15920/21]
Amharc ar fhreagraFreagraí scríofa
I am conscious of the difficulties that the absence or withdrawal of flood insurance cover can cause to homeowners and businesses. However, you should be aware that the provision of insurance is a commercial matter for insurance companies, which is based on an assessment of the risks they are willing to accept. Consequently, neither I nor the Central Bank can interfere in the provision or pricing of insurance products. This position is reinforced by the EU framework for insurance (Solvency II Directive).
Current government policy in relation to increasing flood insurance coverage is focused on the development of a sustainable, planned and risk-based approach to managing flooding problems. To achieve this aim there is a focus on:
- Investing almost €1 billion to flood relief measures over the lifetime of the National Development Plan 2018-2027.
- Implementation of flood relief management plans by the Office of Public Works (OPW), and;
- Maintaining channels of communication between the OPW and the insurance industry, in order to reach a better understanding about the provision of flood cover in affected areas.
The above approach is underpinned by a Memorandum of Understanding between the OPW and industry representatives Insurance Ireland, who meet on a quarterly basis to help implement this initiative. This provides for the exchange of data in relation to completed flood defence schemes which should in turn provide a basis for the increased provision of flood insurance in these areas.
I acknowledge that while there has been an overall increase in the provision of flood insurance between 2015 and 2020, some householders are still experiencing difficulties. This is particularly the case for households in areas with demountable flood defences.
My Department is reviewing the challenges of property insurance and flooding as part of the action points for my Department under the Climate Action Plan. It launched a public consultation on Climate Change and Insurance in 2019 and subsequently met with interested parties. The key themes that arose from the consultation related to (i) the lack of data on flood insurance coverage and (ii) the challenges of obtaining flood cover in areas with demountable defences. My Department is continuing to meet with key stakeholders such as the Central Bank of Ireland, the OPW, Irish Public Bodies, and the State Claims Agency to further review the issues raised and assess a feasible way forward. This review is in progress and my Department will continue to provide updates on this work stream to the Climate Action Delivery Board.
Finally, the Deputy should be assured that Minister of State Fleming and I will continue to proactively engage on all aspects of insurance reform including flood insurance issues.
Value Added Tax
Ceisteanna (511)
Holly Cairns
Ceist:511. Deputy Holly Cairns asked the Minister for Finance his views on reducing the VAT rate to 21% to assist the retail sector during the pandemic; and if he will make a statement on the matter. [15921/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, I did not extend the temporary reduction in the standard rate of VAT from 23% to 21% beyond the 28th of February.
Future tax changes are generally taken in the context of the Budget. Deputies will be aware that my officials prepare a series of papers containing tax options for the Tax Strategy Group to be considered in the context of the budgetary process, alongside a wide range of submissions from various stakeholders and lobby groups.
Covid-19 Pandemic Supports
Ceisteanna (512)
Holly Cairns
Ceist:512. Deputy Holly Cairns asked the Minister for Finance his views on a further six-month moratorium on bank term loans for businesses to support cash flow; and if he will make a statement on the matter. [15922/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, on 18 March 2020, the Banking and Payments Federation of Ireland (BPFI) announced a coordinated approach by banks and other lenders to help their customers, including those in the hospitality sector, who were economically impacted by the Covid-19 crisis. The measures included flexible loan repayment arrangements where needed, including loan payment breaks initially for a period up to three months and then subsequently extended for up to six months. The implementation of this voluntary moratorium by the banking industry was a flexible response to the emerging Covid-19 crisis and ensured that a large volume of affected customers could benefit quickly during a fast moving and evolving public health crisis.
Borrowers whose payment break has ended are been given an option to return to full repayments based on the same term of the loan or to extend the term of the loan or to engage further with their bank on suitable arrangements. The BPFI reported, that as of 31 December 2020, approximately 49% of SMEs returned to repaying on the existing term whilst 46% returned to repaying on extended term basis and just over 5% were receiving other supports from lenders.
As Minister for Finance I have no function in the commercial decisions made by banks. However, the Central Bank has confirmed that there is no regulatory impediment to lenders offering payment breaks to borrowers, providing they are appropriate for the individual borrower circumstance. The BPFI has also reiterated that standard payment breaks continue to be part of the wide range of tailored solutions which are being made available to customers upon assessment of their situation.
SME borrowers have regulatory protections via the Central Bank's SME lending regulations. The SME Regulations https://centralbank.ie/news/article/regulations-for-firms-lending-to-smes-from-2016 set out the required treatment of SMEs by regulated entities in relation to various aspects of business lending. This includes detailed provisions around the credit application process, requirements regarding security or collateral, credit refusals and withdrawals, handling complaints, managing arrears and having in place policies for engaging with SMEs in financial difficulty. The options could include additional flexibility, and this could be a short-term arrangement such as additional periods without payments or interest-only repayments, or if appropriate more long term arrangements. The Central Bank recently wrote to all lenders indicating that lenders are to ensure that they have sufficient expert resources to assess individual borrower circumstances, and to offer appropriate and sustainable solutions to affected borrowers in a timely manner in line with regulatory requirements. The Central Bank’s clear expectation is that lenders engage effectively and sympathetically with distressed borrowers.
In addition, Credit Review https://www.creditreview.ie was established to assist those SMEs and farm borrowers that have had credit applications of up to €3 million refused or indeed an existing credit facility withdrawn or amended by the participating bank. SMEs can apply to Credit Review after exhausting the internal appeals process in the participating institution, which are currently AIB, BOI, Ulster Bank and Permanent TSB.
I will continue to work with the Central Bank, as regulator, to ensure that the Central Bank consumer protection and other applicable frameworks will be fully available to all borrowers that will still need support.
Covid-19 Pandemic Supports
Ceisteanna (513, 514)
Holly Cairns
Ceist:513. Deputy Holly Cairns asked the Minister for Finance his views on additional mortgage deferment for employees whose income has been impacted by Covid-19; and if he will make a statement on the matter. [15923/21]
Amharc ar fhreagraHolly Cairns
Ceist:514. Deputy Holly Cairns asked the Minister for Finance the steps he is taking to remove the policy of excluding employees working in businesses that avail of the employment wage subsidy scheme from new mortgage applications and other personal funding applications; and if he will make a statement on the matter. [15924/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 513 and 514 together.
I appreciate that the Covid-19 restrictions are still impacting many mortgage borrowers. However, borrowers have a suite of regulatory protections, such as the Central Bank's Code of Conduct on Mortgage Arrears and the Consumer Protection Code, and lenders have specific obligations to support and work with borrowers who are continuing to experience loan difficulty because of Covid-19 or indeed for any other genuine reason. In this regard, the Central Bank has confirmed that there is no regulatory impediment to lenders offering further payment breaks to borrowers, providing they are appropriate for the individual borrower circumstance. The BPFI has also confirmed that standard payment breaks continue to be part of the wide range of tailored solutions which are being made available to customers upon assessment of their situation. Therefore, any borrower who needs further support in relation to a mortgage or any other loan should in the first instance contact their lender.
In relation to new lending, the main retail banks previously confirmed that they are considering mortgage applications and mortgage drawdowns in relation to their customers who were impacted by Covid-19 on a case by case basis and that they are taking a fair and balanced approach. Therefore, if mortgage applicants have any queries or concerns about the status of their mortgage application they should, in the first instance, contact their lender directly on the matter.
However, it should also be noted that there are certain consumer protection requirements which govern the provision of mortgage credit to consumers. For example, the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (CMCAR) provide that, before concluding a mortgage credit agreement, a lender must make a thorough assessment of the consumer’s creditworthiness with a view to verifying the prospect of the consumer being able to meet his or her obligations under the credit agreement. The CMCAR further provide that a lender should only make credit available to a consumer where the result of the creditworthiness assessment indicates that the consumer’s obligations resulting from the credit agreement are likely to be met in the manner required under that agreement. The assessment of creditworthiness must be carried out on the basis of information on the consumer’s income and expenses and other financial and economic circumstances which are necessary, sufficient and proportionate.
In addition, the Central Bank’s Consumer Protection Code 2012 imposes ‘Knowing the Consumer and Suitability’ requirements on lenders. Under these requirements, lenders are required to assess affordability of credit and the suitability of a product or service based on the individual circumstances of each borrower. The Code specifies that the affordability assessment must include consideration of the information gathered on the borrower’s personal circumstances and financial situation. Furthermore, where a lender refuses a mortgage application, the CMCAR requires that the lender must inform the consumer without delay of the refusal. In addition, the Code requires that the lender must clearly outline to the consumer the reasons why the credit was not approved, and provide these reasons on paper if requested. Subject to these particular regulatory requirements, it is then a commercial matter for each lender to set its own credit policies and to make its own decisions on individual credit applications.
If a mortgage applicant or an existing mortgage borrower is not satisfied with how a regulated entity is dealing with them, or they believe that the regulated entity is not following the requirements of the Central Bank’s codes and regulations or other financial services law, they should make a complaint directly to the regulated entity. If they are still not satisfied with the response from the regulated entity, the response to their complaint from the regulated entity is required to include details for the borrower on how to refer their complaint to the Financial Services and Pensions Ombudsman.
Departmental Funding
Ceisteanna (515, 520)
Catherine Murphy
Ceist:515. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if funding streams are available to facilitate the installation of an accessibility lift in a public building; if so, the criteria for the scheme; and if he will make a statement on the matter. [14103/21]
Amharc ar fhreagraCatherine Murphy
Ceist:520. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if funding streams are available to facilitate the installation of an accessibility lift in a public building; if so, the criteria for the scheme; and if he will make a statement on the matter. [14101/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 515 and 520 together.
Section 25 of the Disability Act states that ‘a public body shall ensure that its public buildings[1], are as far as practicable, accessible to persons with disabilities. It defines public buildings as ‘a building, or that part of a building, to which members of the public generally have access and which is occupied, managed or controlled by a public body’.
Section 25 requires the upgrading of older public buildings so that they comply with Part M of the Building Regulations. When the Disability Act commenced in 2005, the current version of Part M was Part M 2000. Part M 2000 was reviewed and replaced with Part M 2010, which commenced on 1 January 2012. Under Section 25, public bodies are required to bring their public buildings into compliance with Part M 2000 by 31st December 2015 and with Part M 2010 by 1st January 2022 (unless the building is already required to be so compliant).
The Commissioners of Public Works have responsibility under this legislation at many public buildings but not all. OPW is endeavouring to meet its obligations in this regard in a programmatic way. This, of course, poses particular challenges in older buildings of which the Commissioners have many in their portfolio of State property. If the Deputy has a particular State building in mind I shall be glad to provide further information.
[1] other than heritage sites in the ownership, management or control of a public body, which are covered by Section 29 of the Disability Act
Brexit Supports
Ceisteanna (516)
Thomas Pringle
Ceist:516. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform the impact the renegotiation of the EU Brexit fund as requested by France will have on Ireland’s share of the funding; the way in which it will progress; if it impacts on the ratification of the Brexit agreement; and if he will make a statement on the matter. [15766/21]
Amharc ar fhreagraFreagraí scríofa
The Brexit Adjustment Reserve (BAR) represents an important response by the European Union to the challenges posed by the United Kingdom’s departure from the EU. Ireland played a leading role in securing support for the Reserve at the marathon European Council meeting last July.
The purpose of the BAR is to help counter the adverse economic and social consequences of Brexit in the sectors and Member States that are worst affected.
It is generally acknowledged that Ireland is the Member State most impacted by Brexit and so we expect to be a significant beneficiary of the BAR. Ireland has already expended a considerable amount on preparing for Brexit, with successive budgets since 2016 providing significant supports for business and the agri-food sectors, as well as the infrastructure required at the port and airport to maintain the flow of east west trade.
Discussions on the BAR are continuing in the Council of Ministers and the European Parliament. Ireland’s view is that the Commission’s proposed allocations are relevant, appropriate and fair and that they are in line with the solidarity envisaged by the European Council. The proposed allocation for Ireland reflects the unique, adverse and disproportionate impact of Brexit on our economy.
Ireland is actively engaged in the ongoing discussions at political and senior official level and hopes that agreement on this proposal can be concluded quickly, so that funding can start to flow.
As the Brexit Adjustment Reserve is legally separate and distinct from the Trade and Cooperation Agreement (TCA) concluded between the EU and UK, negotiations in relation to the BAR are separate to the ongoing TCA ratification process.
Defence Forces Representative Organisations
Ceisteanna (517)
John Lahart
Ceist:517. Deputy John Lahart asked the Minister for Public Expenditure and Reform the plans in place for the direct involvement of Defence Forces representative associations in national pay talks. [15965/21]
Amharc ar fhreagraFreagraí scríofa
My Department is committed to ensuring that the process of engagement between the parties to pay negotiations including the recent negotiations which were facilitated by the Workplace Relations Commission is based on fairness in the treatment of all concerned.
While the LEVEL 5 restrictions imposed by the COVID-19 pandemic presented very real challenges to the conduct of negotiations on a new public service agreement in 2020 all parties were facilitated to the greatest extent possible. This included comprehensive engagement with all parties.
All organisations were involved in those discussions and were provided with drafts of key documents which formed elements of the eventual agreement reached.
A process of engagement with the parties began in 2019 and continued into 2020. In that regard all organisations attended multiple briefings prior to negotiations in November and December 2020.
Following finalisation of the new public service pay agreement - 'Building Momentum', the process of engagement continued and officials from my Department have met with all organisations in recent weeks to address queries on aspects of Building Momentum. The agreement has been accepted by the very large majority of public servants and is being implemented. The Government remains committed to according equitable treatment to all those in negotiations on public service collective agreements.
Unions / representative associations who decide to accept the agreement must notify the Workplace Relations Commission of their acceptance in order to be encompassed by the benefits of the agreement including Sectoral Bargaining the timelines for which are set out in the Agreement.
Public Sector Pay
Ceisteanna (518)
Neale Richmond
Ceist:518. Deputy Neale Richmond asked the Minister for Public Expenditure and Reform if he plans to bring section 39 and 56 organisations back into the remit of the public service pay agreements; and if he will make a statement on the matter. [14020/21]
Amharc ar fhreagraFreagraí scríofa
The Public Service Agreements, including the current agreement 'Building Momentum', encompass public servants only. The pay and conditions of public servants are the responsibility of the Minister for Public Expenditure and Reform and the agreements are negotiated on that basis.
Section 39 organisations are grant-funded by the Health Service Executive under Section 39 of the Health Act 2004 and are not public service bodies. Employees of Section 39 organisations are not public servants.
Noting that the pay and conditions of such employees are not under my remit, they are not included under the public service agreements. There are no plans at present to widen the scope of the agreements.
Capital Expenditure Programme
Ceisteanna (519)
Seán Canney
Ceist:519. Deputy Seán Canney asked the Minister for Public Expenditure and Reform his plans to accelerate the roll-out of capital projects in view of the underspend in 2020 and 2021 due to Covid-19 restrictions; and if he will make a statement on the matter. [14034/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the management of capital budgets and individual projects is a matter for the relevant Departments in the first instance.
What I can say is the capital carryover mechanism is in place to assist Departments with the management of their capital spend across years to alleviate pressures and delays caused by unexpected events. This mechanism allowed Departments to carry forward €710 million from their 2020 capital allocations in 2021, ensuring continuity for resourcing to enable projects to fully resume when conditions allow.
It is too early at this stage to assess the impact of public health requirements on public capital projects. However, my Department will continue to monitor capital spend in the course of 2021.
Question No. 520 answered with Question No. 515.
Land Development Agency
Ceisteanna (521)
Eoin Ó Broin
Ceist:521. Deputy Eoin Ó Broin asked the Minister for Public Expenditure and Reform if he plans to bring forward legislation to include staff and board members of the Land Development Agency and its subsidiaries in the lobbying register as designated public officials. [14239/21]
Amharc ar fhreagraFreagraí scríofa
The Programme for Government contains a commitment to “extend the lobbying register so that the lobbying of senior officials in bodies like the Central Bank of Ireland, Comreg, the NTA and the HSE which have significant policymaking or development functions will need to be reported on the same basis as central and local government.”
The positions of senior officials in the Land Development Agency, along with those in other public sector bodies, will be considered as part of this work as regards whether such individuals should be prescribed as designated public officials under the Act.
Public Sector Pensions
Ceisteanna (522)
Michael Healy-Rae
Ceist:522. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 46 of 20 January 2021, if he will provide an account of his stewardship of the matter (details supplied); and if he will make a statement on the matter. [14247/21]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, the legislation underpinning this particular matter is the Postal and Telecommunications Services Act 1983, as amended by the Telecommunications (Miscellaneous Provisions) Act 1996.
While the Department of Environment, Climate and Communications is responsible for this legislation, my understanding is that Section 46 of the1983 Act required the newly established Telecom Éireann to create a pension scheme for staff of the company and set a minimum level of parity between the Eircom Superannuation Scheme and the scheme that applied to staff members of the Department of Posts and Telegraphs as it stood on the day before the vesting day. It does not imply that the conditions in the Eircom Scheme must continue to match any subsequent improvement in pension conditions for these staff.
The matter of pension increases is provided for exclusively under the Eircom Scheme Rules. Under these rules it is the company that has sole discretion to determine any pension increases it deems appropriate, subject to Ministerial approvals. There is no entitlement to pension increases other than those granted in accordance with the scheme rules.
The function of the Ministerial nominees on the board of Trustees of the Eircom No. 2 Fund is primarily, along with the other Trustees, to hold the Fund upon trust to provide specified benefits based on pre-vesting day service to persons entitled to same. The terms of the trust deed do not provide for any ministerial or Trustee discretion in relation to the quantum of pension increases.
The detailed operation of individual pension scheme rules such as these are matters for the relevant parent Government Department. Any further questions on these issues or on the 1983 legislation should be directed the Department of Environment, Climate and Communications.
As previously advised, the Financial Services and Pensions Ombudsman is the appropriate body to deal with any specific detailed pension complaint once it has gone through the relevant internal dispute resolution procedures.
Flood Prevention Measures
Ceisteanna (523)
Danny Healy-Rae
Ceist:523. Deputy Danny Healy-Rae asked the Minister for Public Expenditure and Reform the steps that can be taken to prevent flooding to homes at a location (details supplied); and if he will make a statement on the matter. [14270/21]
Amharc ar fhreagraFreagraí scríofa
The Office of Public Works (OPW) is responsible for the maintenance of Arterial Drainage Schemes and catchment drainage schemes designated under the Arterial Drainage Acts of 1945 and 1995. The channel referred to by the Deputy does not form part of an Arterial Drainage Scheme. Therefore, the OPW has no responsibilities for the maintenance of this channel, nor the authority to carry out any maintenance works there.
Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address. All Local Authorities may carry out flood mitigation works, using either their own resources, or by applying for funding under the OPW Minor Flood Mitigation Works and Coastal Protection Scheme, the details of which are available at https://www.gov.ie/en/publication/0e3b3d-minor-flood-mitigation-works-and-coastal-protection-scheme/.
Flood Relief Schemes
Ceisteanna (524)
Holly Cairns
Ceist:524. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the steps he is taking to address deficiencies in the Bandon flood relief scheme (details supplied); and if he will make a statement on the matter. [14339/21]
Amharc ar fhreagraFreagraí scríofa
The Deputy is referring in her Question to issues related to the Bandon Water Main and Sewer Upgrade Project, works on which are ongoing. This is a matter for Irish Water, the Contracting Authority on the project.
Public Procurement Contracts
Ceisteanna (525)
Mairéad Farrell
Ceist:525. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform if contracting authorities are required under European Union (Award of Public Authority Contracts) Regulations 2016 for negotiated procedure without prior publication to keep a record that justifies their use of the provision; and if he will make a statement on the matter. [14382/21]
Amharc ar fhreagraFreagraí scríofa
The Negotiated Procedure without Prior Publication is an exceptional procedure and can only be used in a limited number of defined circumstances as set out in Regulation 32 of the European Union (Award of Public Authority Contracts) Regulations 2016. These circumstances include, inter alia, for service contracts where the contract follows a design contest, for repetition of similar works or services by the original supplier where such works or services are in conformity with a basic project for which the original was awarded and in cases of extreme urgency not attributable to the contracting authority and brought about by events unforeseeable by the contracting authority when the time limits specified for the Open or Restricted Procedure or Competitive Procedures with Negotiation cannot be complied with.
Regulation 84 mandates contracting authorities to prepare a written report recording the progress of the procurement procedure and to justify decisions taken at all stages of the procurement procedure. The reporting and documentation requirements, stipulated under Regulation 84 (1) (f) for Negotiated Procedures without Prior Publication, requires the contracting authority to provide the circumstances referred to in Regulation 32 which justify the use of that procedure. In addition, these records as stipulated in Regulation 84 (5) must be maintained by the contracting authority concerned for at least three years from the date of award of the contract.
Individual Accounting Officers are responsible for ensuring that their public procurement functions are discharged in line with the standard accounting and procurement rules and procedures and that contract prices are fair and reasonable and represent best value for money.
Legislative Process
Ceisteanna (526)
Peadar Tóibín
Ceist:526. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the details of the process through which his Department drafts and produces legislation; if his Department outsources the drafting of legislation; if so, the Bills for which the drafting was outsourced since he took office; and the costs associated with the drafting of each Bill. [14425/21]
Amharc ar fhreagraFreagraí scríofa
The Department of Public Expenditure and Reform drafts and produces legislation in accordance with the procedures outlined in the Cabinet Handbook. In particular, Chapter 4 sets out the procedures to be followed in respect of proposals for new legislation.
In broad terms, the Department develops policy proposals subject, where necessary, to prior Government approval. The proposals are then formulated as a General Scheme for the proposed Bill in numbered heads comprising instructions for drafting and explanatory notes. Subject to prior consultation with the Office of the Attorney General and any other interested Departments, the General Scheme is then presented to Government for approval to draft. If a General Scheme receives such approval, it is then referred to the Office of the Attorney General for the Bill to be drafted by the Office of Parliamentary Counsel to the Government. The assignment of a Parliamentary Draftsperson to convert the General Scheme of a Bill into draft legislation as part of this overall process is a matter for the Office of Parliamentary Counsel and is not outsourced by the Department.
Once the final Bill has been published, the matter is subsequently progressed via the Houses of the Oireachtas.
It should be noted that the procedures set out in Chapter 4 of the Cabinet Handbook do not apply to certain types of proposed legislation, including the Appropriation Bill.
Departmental Records
Ceisteanna (527)
Paul Kehoe
Ceist:527. Deputy Paul Kehoe asked the Minister for Public Expenditure and Reform when Circular 39/07, concerning the process by which Departments classify material as top secret, will be either updated or replaced with new central classification rules, given that the existing 13-year-old circular may no longer provide sufficient guidance in respect of the digital data that are increasingly managed and stored by Departments; and if he will make a statement on the matter. [14600/21]
Amharc ar fhreagraFreagraí scríofa
Following the publication of the OGCIO Cloud Advice note and the new guidance from the Office of Government Procurement supporting the deployment of cloud computing across the public service, it is clear that circular 39/07 needs to be revisited in the context of the ever-growing use of digital and cloud technologies to assist in the creation, sharing and storage information. My Department is considering the matter and will be developing a process for reviewing and redrafting the guidance.
National Development Plan
Ceisteanna (528)
Marian Harkin
Ceist:528. Deputy Marian Harkin asked the Minister for Public Expenditure and Reform the breakdown of funds allocated under the national smart growth initiative as part of the ten-year national investment plan for the NUTS III regional and-or local authority level; and the ratio of private-to-public investment per region and-or local authority. [14690/21]
Amharc ar fhreagraFreagraí scríofa
For the purpose of this response, I will assume the Deputy is referring to the National Smart Growth Initiative envisaged under the National Planning Framework to drive and support the aims of Project Ireland 2040, for both urban and rural areas.
This initiative is being implemented through the €2bn Urban Regeneration and Development Fund (URDF) developed and administered by the Department of Housing, Local Government and Heritage to support measures that will contribute to the more sustainable development of cities and large towns. That Department also contributed to the development of the Rural Regeneration and Development Fund (RRDF) process, which is overseen by the Department of Rural and Community Development (DRCD).
My Department has no direct role in the administration of these schemes and I would suggest that the Deputy seek this information from my colleagues, the Minister for Housing, Local Government and Heritage; and the Minister for Rural and Community Development, who will be in a position to provide the details of interest at a county/city council level.
National Development Plan
Ceisteanna (529)
Marian Harkin
Ceist:529. Deputy Marian Harkin asked the Minister for Public Expenditure and Reform the NUTS III regional breakdown of funds to date allocated under the ten-year national investment plan. [14691/21]
Amharc ar fhreagraFreagraí scríofa
On 1 October 2020 last I launched the Project Ireland 2040 Annual Report for 2019, along with nine Regional Reports. The reports highlight Project Ireland 2040 achievements during 2019 and give a detailed overview of the public investments which have been made throughout the country including in the following regional areas: the North-East, North-West, West, Mid-West, South-East, South-West, Dublin, Mid-East and Midlands. These nine Regional Reports set out the projects and programmes which are being planned and delivered in the each region as part of the public investment detailed in Project Ireland 2040 including the National Development Plan.
More granular information on individual projects and programmes can be found on the capital investment tracker published by my Department and mostly recently updated in December 2020. This latest update provides a composite update on the progress of all major investments that make up Project Ireland 2040. It focuses on projects with estimated costs greater than €20 million. The update increased the coverage of projects and improved the functionality, including user-friendly dashboards and other information to aid interpretation of the data. The myProjectIreland interactive map was also updated in December 2020 and was extended to include almost 800 projects across the country. By clicking on the map on gov.ie/2040, citizens will find updated information on what has been achieved and what is planned for their own local area. This version features a dashboard with charts, allowing citizens to see the progress being made on projects at a glance. New search facilities also allow citizens to view projects in their regional area, by city or by eircode. The Project Ireland 2040 Annual Reports, Regional Reports, capital investment tracker and myProjectIreland interactive map are all available on gov.ie/2040. Further updates to these publications are planned for later this year.
Workplace Relations Commission
Ceisteanna (530)
Patricia Ryan
Ceist:530. Deputy Patricia Ryan asked the Minister for Public Expenditure and Reform if he will honour the Workplace Relations Commission ruling in favour of community employment supervisors; and if he will make a statement on the matter. [14713/21]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that the matter of community employment schemes falls within the policy remit of my colleague the Minister for Employment Affairs & Social Protection.
I have however a strong appreciation of the role of Community Employment Schemes in communities right across the country and I know this role could not be fulfilled without the leadership of the Scheme Supervisors. In this context I have taken the opportunity to meet with the relevant parties involved in these schemes to hear at first hand their issues of concern.
The particular matter raised by the Deputy is a complex one that raises significant policy, legal and exchequer cost issues. The Deputy may be aware that the State is not the employer of the workers concerned. A detailed scoping exercise was carried out in 2017 in order to comprehensively examine and assess the full potential implications, in both cost and precedent terms, of the issues involved. The outcome to the scoping exercise was that the matter has potentially very significant implications for the exchequer, particularly if consequential demands were to be made by all similar State funded Community and Voluntary organisations whose employees are in a similar position to the Community Employment scheme supervisors.
This is a factor which must be borne in mind in our approach to this issue. While CE Supervisors and Assistant Supervisors represent a small part of the wider community and voluntary sector, consideration must be taken for the potential liability to the State if similar claims are made by the many workers in the broader community and voluntary sector.
As the Deputy will appreciate, we are now facing major challenges in managing the public finances. However, in conjunction with my colleague the Minister for Employment Affairs & Social Protection I am giving fresh consideration to all the issues involved in relation to this matter and will continue to engage constructively with the relevant stakeholders.
Flood Risk Management
Ceisteanna (531)
Neasa Hourigan
Ceist:531. Deputy Neasa Hourigan asked the Minister for Public Expenditure and Reform if he will provide a clear, timelined plan for the Office of Public Works to address the structural problems in the sea wall in Roche's Point, Cork, in order to provide local residents with assurance that further storm damage will not leave their properties at risk; and if he will make a statement on the matter. [14762/21]
Amharc ar fhreagraFreagraí scríofa
I am advised it is a matter for Local Authorities in the first instance to assess and address problems of coastal erosion in their areas. Where necessary, Local Authorities may put forward proposals to relevant central Government Departments, including the Office of Public Works, for funding of appropriate measures depending on the infrastructure or assets under threat. There is no application on hand for the location mentioned in the Deputy’s question.
Capital Expenditure Programme
Ceisteanna (532)
Richard Bruton
Ceist:532. Deputy Richard Bruton asked the Minister for Public Expenditure and Reform the five most recent significant capital projects in the major functional responsibilities of his Department that have required his sanction; the time that elapsed between the initial submission of the proposal for consideration until the construction commenced; the significant elements making up this period; the time spent in assessment prior to approval in the planning process; the time spent in assessment prior to approval in the procurement process of contractors; and the way this duration compared with the targeted time to delivery set out at the outset of the process. [14783/21]
Amharc ar fhreagraFreagraí scríofa
Due to the nature of its role, my Department has had no significant construction projects funded through its own Vote since its establishment in 2011. The main purpose of capital projects and associated investment undertaken by my Department is to support greater effectiveness and efficiency across the Civil and Public Service through investing in ICT.
In the wider Government context, my role, as Minister for Public Expenditure and Reform, is to oversee the effective implementation of the National Development Plan 2018-2027 and to maintain the national frameworks such as the Public Spending Code within which Departments operate to ensure appropriate accounting for, and value for money in, public expenditure.
To support the efficient implementation of the National Development Plan and Departments as they work to secure value for money at project level, a suite of key reforms have been introduced including:
- Establishment of a Construction Sector Group to ensure regular and open dialogue between Government and the construction sector;
- A Project Ireland 2040 Delivery Board of Secretaries General meets regularly to ensure effective leadership of the implementation process;
- The establishment of a National Investment Office (NIO) in my Department to coordinate reporting on the plan and to drive reforms included strengthened business case and project appraisal. As part of its function in driving reforms to strengthen business cases, the NIO provides a technical quality review of business cases for major projects. Since its establishment, the NIO has reviewed many project appraisals across a range of sectors including roads, rail, communications, energy, tourism and housing;
- The publication of a Capital Projects tracker to inform citizens about projects in their area and to give a greater overview to the construction sector;
- A communication strategy that includes national and local media initiatives, Annual and Regional Reports, an Annual Policy Conference, regular infrastructure professionals networking events, signage on all projects, presence at the National Ploughing Championships etc.; and
- A revised Public Spending Code to ensure best practice in terms of appraisal and evaluation.
My Department is also leading the ongoing review of the National Development Plan which is due for completion later this year. It should be noted that my Department, in carrying out its role in coordinating the review, does not consider the merit of individual projects or sectoral policy strategies as this is primarily a matter for individual Departments and Agencies.