Tuesday, 12 Oct 2021

Written Answers 1-22

Commissions of Investigation

Ceisteanna (1)

Neale Richmond

Ceist:

1. Deputy Neale Richmond asked the Taoiseach if he has considered establishing a commission to consider the constitutional future of Ireland. [47289/21]

Freagraí scríofa

The Taoiseach

The principle of consent and the possibility of change in the constitutional status of Northern Ireland are fundamental elements of the Good Friday Agreement, endorsed by the people of this island North and South.

The Government respects and affirms everyone’s right on the island to make the case for the constitutional future for Northern Ireland they wish to see, whether they are nationalist, unionist or do not identify with either tradition.

The holding of a referendum in this jurisdiction is connected with the calling of a poll, under the terms of the Good Friday Agreement, in Northern Ireland. Under the Good Friday Agreement, the decision to hold such a poll in Northern Ireland rests with the Secretary of State for Northern Ireland.

In the event of a future referendum within the consent provisions of the Good Friday Agreement, the Government would make all necessary preparations in accordance with the terms of the Constitution and the principles and procedures of the Agreement.

The full implementation and effective operation of the Good Friday Agreement is a priority for this Government. The Government’s focus now, and our commitment through the Shared Island initiative, is on working with all communities and political traditions, to take up the significant opportunities of deeper cooperation and connection on the island, and to build consensus on key issues for our shared future, underpinned by the Good Friday Agreement.

State Bodies

Ceisteanna (2)

Dara Calleary

Ceist:

2. Deputy Dara Calleary asked the Taoiseach if his attention has been drawn to a settlement between a State agency (details supplied) and the Revenue Commissioners; and if there are any agencies under his Department’s remit that have had a similar issue or have made a settlement with the Revenue Commissioners in relation to any issue in the past five years. [48032/21]

Freagraí scríofa

The Taoiseach

No bodies under the aegis of my Department have made a settlement with the Revenue Commissioners in the past five years.

Office of the Attorney General

Ceisteanna (3, 4, 5, 8)

Gerald Nash

Ceist:

3. Deputy Ged Nash asked the Taoiseach the full title and record number of each and every set of legal proceedings including commissions, inquiries and inspections in which the Attorney General has acted as counsel since their appointment; the proceedings in which they have acted as counsel for any party other than the State or a Minister of the Government or any other State party since his appointment, whether in person or by virtual hearing; the dates when such cases were heard; the dates when the Attorney General appeared; the date when any such hearing date was fixed; the identity of the instructing solicitor; the dates when such cases were heard, including if the case was heard by means of virtual hearing, in-person hearing or if, it was compromised, the date on which any settlement mechanism, arbitration, mediation or otherwise; the time taken including preparation time; and if the Attorney General charged or intends to charge a fee or fees of any description. [48922/21]

Gerald Nash

Ceist:

4. Deputy Ged Nash asked the Taoiseach if the Attorney General has engaged in the provision of legal advices and or opinions or the like for any party, other than the State or a Minister of the Government or any other State party, since their appointment; the time taken including preparation time; if the Attorney General charged or intends to charge a fee or fees of any description; and the identity of the client and the instructing solicitor. [48923/21]

Gerald Nash

Ceist:

5. Deputy Ged Nash asked the Taoiseach in circumstances in which the Attorney General has engaged in either the provision of legal advices and or opinions and or appearing in court in person or virtually or engaging in settlement mechanisms such as mediation, arbitration or settlement, the name of the person or persons who authorised him to so do; the date or dates when such authorisation was given; if such authorisation was given on a general basis; if the authorising parties were aware of the names of the clients; the nature of the advices provided and-or professional service provided; the identity of the instructing solicitor in each and every instance in which an authorisation was provided; and if there are instances in which no such authorisation was obtained and or declined. [48924/21]

Gerald Nash

Ceist:

8. Deputy Ged Nash asked the Taoiseach the number of occasions in which the Attorney General delegated his functions to the Director General of the Office of the Attorney General since his appointment; the reason for such a delegation; and the date of each. [49300/21]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 3, 4, 5 and 8 together.

The powers and functions of the Attorney General are set out at Article 30 of the Constitution and in the Ministers and Secretaries Act 1924. The role of the Attorney General is to advise the Government in matters of law and legal opinion, and to this end, his Office comprises of a number of different functions in providing services to the Government.

A core function of the Attorney General’s office involves the handling of, and providing advice relating to, litigation involving the State. In such cases the instructing solicitor is the Chief State Solicitor. As the Deputy will appreciate there are very many such live cases and, as would be expected, the Attorney General has been personally involved in providing and approving advices in respect of these cases.

I would note that the Attorney General, in common with many of his predecessors, has personally represented the State in a number of cases before the courts since his appointment. The Attorney General had previously represented the State in a private capacity in the Apple tax case and he has continued to represent the State in this case since his appointment. He has also represented the State in the Supreme Court and the European Court of Justice since his appointment.

Prior to his appointment in June 2020, the Attorney General informed me and I informed the other leaders of the parties in Government that he had a small number of existing litigation commitments that he considered he had a professional obligation to discharge, and it was agreed that he would do so.

The Attorney General’s involvement in these matters dates back to 2011 in one case and 2017 in two others. The first matter related to the State recapitalisation of Irish Permanent. The Attorney General was involved in one hearing in that matter in November 2020 and his involvement ceased at that time. The second matter related to a commercial dispute and the Attorney General's involvement ceased in February 2021. The final matter related to the Inspectors investigation into certain matters relating to INM and involved a hearing on two Saturdays, 18 and 25 September 2021. The Attorney General's involvement in that matter ceased on 25 September.

In the normal course of events these private professional obligations would have been discharged in a short period of time following his appointment. However, due to the Covid pandemic there were exceptional delays in the hearings of those aspects of the litigation in which the Attorney General was involved, and it was not possible to discharge these obligations as early as anticipated.

While I have responsibility for answering questions on administrative matters connected with the Office of the Attorney General, I have no function in respect of the detail of the Attorney General’s professional engagements outside of his role as Attorney General. I would note also that the Attorney General is bound by a duty of confidentiality to his clients and that he has no continuing private professional obligations.

I would emphasise that I am fully satisfied no conflict of interest arises in this regard. Having acted in those three matters in a private capacity the Attorney General could never have acted for the State in these or any related matters. It is the long-standing practice that if an Attorney General has a conflict of interest in relation to any case, such cases are not dealt with by the Attorney General but rather they are advised on by the Director General of the Office of the Attorney General.

Question No. 4 answered with Question No. 3.

Question No. 5 answered with Question No. 3.

Taoiseach's Meetings and Engagements

Ceisteanna (6)

Mary Lou McDonald

Ceist:

6. Deputy Mary Lou McDonald asked the Taoiseach when he will publish his diary for Q3 2021 on his Department’s website. [48959/21]

Freagraí scríofa

The Taoiseach

My diary for quarter 3 of 2021 has been published and is available on my Department's website at

www.gov.ie/en/collection/87c7c-taoiseachs-diary-2021/.

National Development Plan

Ceisteanna (7)

Bernard Durkan

Ceist:

7. Deputy Bernard J. Durkan asked the Taoiseach the extent to which projects that fall within the aegis of his Department and are within the revised National Development Plan are at an advanced stage at present or are in course thereof; the extent to which preliminary work has taken place or on-site works are in hand or proposed; and the expected delivery date of each. [49262/21]

Freagraí scríofa

The Taoiseach

In relation to my own Department, the Department of the Taoiseach does not have any capital budget or any capital projects under the revised National Development Plan (NDP) which was launched on 4 October 2021. My Department does, however, play a leadership role in the Shared Island Fund, a key Programme for Government commitment which is an element of the NDP.

The revised NDP sets out the capital investment plans over the decade ahead to deliver on our strategic priorities, including in education, health, and regional development and to address the most important challenges we face – particularly in relation to housing, sustainability and climate action.

It also sets an enhanced level of ambition for collaborative cross-border public investment, to build a more connected, prosperous and sustainable island, for all communities and traditions that share the island. This includes increased funding through the Shared Island Fund, being led by my Department and which combined with other public funding brings the total all-island investment commitment for the 2021-2030 period to more than €3.5 billion. The Shared Island Fund is allocated by Government to Departments on the basis of approved collaborative North/South projects. As is normal, the Secretary General of the Government Department to which funding is allocated will be the Accounting Officer.

This revised NDP is being delivered within Project Ireland 2040, the overarching policy and planning framework for the social, economic and cultural development of our country. Since its launch in February 2018, through the first phase of the NDP, significant progress has been made on implementation. Detail on progress can be found on the myProjectIreland interactive map available on Gov.ie [www.gov.ie/en/collection/f828b-myprojectireland-interactive-map/]

Question No. 8 answered with Question No. 3.

Departmental Data

Ceisteanna (9)

Holly Cairns

Ceist:

9. Deputy Holly Cairns asked the Taoiseach the number of State boards under the remit of his Department or its agencies in tabular form; the number of members of each board; the number of women on each board; and the percentage of each board that is made up of women. [49568/21]

Freagraí scríofa

The Taoiseach

I appoint members to two state boards – the National Economic and Social Council (NESC) and the National Statistics Board (NSB). Appointments generally fall into three categories - independent members, members nominated by sectoral organisations and ex-officio members (including public servants). I have limited discretion on appointments depending on the category where the vacancy arises. All appointments to the NESC and to the NSB are made in line with the Department of Public Expenditure and Reform Guidelines on Appointments to State Boards and on the basis of the relevant legislative provisions.

My Department endeavours to improve gender balance on the NESC and the NSB by requesting nominating bodies and organisations to take account of gender balance when making nominations. My Department will also seek to ensure that the nomination of independent members continues to meet the Government’s gender balance objectives

The information requested by the Deputy is detailed in the table below.

-	Independent		Sectoral Nominees		Ex Officio		Total		% Female
	M	F	M	F	M	F	M	F
National Economic and Social Council	4	3	9	6	4	2	17	11	39.3%
National Statistics Board	0	2	2	1	3	0	5	3	37.5%

Departmental Data

Ceisteanna (10)

Catherine Connolly

Ceist:

10. Deputy Catherine Connolly asked the Taoiseach the number and value of all procurement contracts that took place by way of negotiated procedure without prior publication in 2020 and to date in 2021; and the date, value and purpose of each negotiated procedure contract in tabular form.; and if he will make a statement on the matter. [49738/21]

Freagraí scríofa

The Taoiseach

My Department liaises closely with the Office of Government Procurement on all matters related to public procurement and monitors all areas of expenditure on an ongoing basis to ensure that value for money is being achieved. Regulation 32(2)(c) of the European Union (Award of Public Authority Contracts) Regulations S.I 284/2014 provides for the awarding of contracts by way of negotiated procedure without prior publication in certain circumstances, including, for example: where no suitable tenders have been submitted in response to an open or restricted procedure; where competition is absent for technical reasons; and for reasons of extreme urgency brought about by unforeseeable events.

Under the exemptions provided for in Regulation 32(2)(c) my Department awarded two contracts, totalling €135,944 (ex VAT) in 2020 and to date in 2021. Details of these contracts are provided below.

Year	Value €	Purpose
2020	81,178	Video collaboration and conference systems and associated licences - urgency due to COVID-19 pandemic
2021	54,766	Telephony services - no tenders submitted

Under Department of Finance Circular 40/02, my Department makes annual returns to the Comptroller and Auditor General in respect of contracts above a €25,000 ex VAT threshold which are awarded without a competitive process.

National Development Plan

Ceisteanna (11, 12, 13, 14, 15)

Mary Lou McDonald

Ceist:

11. Deputy Mary Lou McDonald asked the Taoiseach the annual allocated funding as provided for in the National Development Plan for each project from 2021 to 2030 through the shared island fund in tabular form. [49880/21]

Mary Lou McDonald

Ceist:

12. Deputy Mary Lou McDonald asked the Taoiseach the details of the projects the Project Ireland 2040 annual allocated funding for each project for 2021 to 2030, in tabular form through the shared island fund as provided for in the National Development Plan. [49892/21]

Mary Lou McDonald

Ceist:

13. Deputy Mary Lou McDonald asked the Taoiseach if he will provide details of each of the projects that the Government’s north-south cooperation annual allocated funding for in 2021 to 2030, in tabular form through the shared island fund as provided for in the National Development Plan. [49893/21]

Mary Lou McDonald

Ceist:

14. Deputy Mary Lou McDonald asked the Taoiseach if he will provide the projects, PEACE PLUS programme annual allocated funding for each project for 2021 to 2027, in tabular form through the Shared Island Fund as provided for in the National Development Plan. [49894/21]

Mary Lou McDonald

Ceist:

15. Deputy Mary Lou McDonald asked the Taoiseach if he will provide a breakdown of the projects and their annual allocated capital funding for North-South investments between 2021 and 2025, in tabular form. [49895/21]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 11, 12, 13, 14 and 15 together.

The National Development Plan (NDP) is a high-level financial and budgetary plan, which sets out the framework and broad direction for investment priorities over the period 2021 to 2030.

It includes Exchequer allocations for Departments for the period 2021-2025 to support the delivery of the ten national strategic outcomes identified in the National Planning Framework.

As set out in the NDP, individual investment projects are selected by Departments or Agencies based on sectoral strategy and goals, and appropriate options are assessed in line with the Public Spending Code. In all cases, the allocation of resources is subject to planning approval and compliance with all other applicable environmental law, regulatory and public expenditure requirements for the project concerned.

Projects funded under the NDP will be subject to planning law and may require Strategic Environmental Assessment. Each Government Department is responsible for ensuring that its proposed projects meet the appropriate regulatory requirements including those related to planning laws and environmental impact assessments.

The NDP sets an enhanced level of ambition for collaborative cross-border public investment, to build a more connected, prosperous and sustainable island, for all communities and traditions that share the island.

The allocations for the Shared Island Fund for the period 2021-2025 are set out in tabular form below. Under the NDP, the Government has committed to allocate ring-fenced, multi-annual capital resourcing for all-island investment out to 2030, at least at the current level of the Shared Island Fund. The Shared Island Fund is allocated by Government to Departments on the basis of approved collaborative North/South projects that implement Programme for Government commitments and objectives on Shared Island.

As set out in tabular form below, the Government’s annual funding contribution for the six North South Implementation Bodies and Tourism Ireland and other North South cooperation or all-island funding in 2021 is over €129m. This will be at least maintained over 2021-2030, representing a ten-year commitment in current funding terms of over €1.294billion.

The PEACE PLUS programme is being finalised at present, and will provide over €1billion in funding over the period 2021-27, delivered by the Government with the European Union, UK Government and Northern Ireland Executive. The Government will also continue to contribute to the PEACE IV and INTERREG VA programmes as they conclude in 2021, 2022 and 2023, with a contribution of €39.19m in 2021.

While specific allocations have not yet been made, Project Ireland 2040 funding will support key cross-border infrastructure projects noted in the NDP, including the A5 Transport Corridor to the North West, the Ulster Canal renovation, cross-border greenways, including the Sligo Enniskillen greenway, all-island research centres, and the upgrade of the Dublin-Belfast rail connection to an hourly service, including new rolling stock.

For 2021-2030, there is a total all-island investment commitment of more than €3.5billion through the Shared Island Fund, the Project Ireland 2040 funds, the Government’s annual funding for North/South cooperation, and the PEACE PLUS programme delivered with the EU, UK and the Northern Ireland Executive.

National Development Plan allocations (€m)

	2021	2022	2023	2024	2025
Shared Island Fund	50	50	100	150	150

Government funding for North/South Bodies and all-island cooperation

2021 budget / contribution	(€m)
Food Safety Promotion Board	5.236
Foyle Carlingford and Irish Lights Commission	2.946
InterTradeIreland	11.246
Languages Body	12.790
Special EU Programmes Body (core funding)	1.055
Tourism Ireland	48.729
Waterways Ireland	28.928
Reconciliation Fund	5
International Fund for Ireland	1
All-island and cross-border Healthcare cooperation (2020)	4.159
Education cooperation, including Middletown Centre (2020)	2.252
US-Ireland R&D partnership programme (2020)	6.099
Total	€129.44m

Question No. 12 answered with Question No. 11.

Question No. 13 answered with Question No. 11.

Question No. 14 answered with Question No. 11.

Question No. 15 answered with Question No. 11.

Departmental Funding

Ceisteanna (16, 17, 18)

Mary Lou McDonald

Ceist:

16. Deputy Mary Lou McDonald asked the Taoiseach the funding and strategic supports his Department and the shared island unit will provide to the North West City Region initiative. [49898/21]

Mary Lou McDonald

Ceist:

17. Deputy Mary Lou McDonald asked the Taoiseach the funding and strategic supports his Department and the shared island unit will provide to the Irish Central Border Area Network. [49899/21]

Mary Lou McDonald

Ceist:

18. Deputy Mary Lou McDonald asked the Taoiseach the funding and strategic supports his Department and the shared island unit will provide to the East Border Region. [49900/21]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 16, 17 and 18 together.

There is a welcome increased focus and ambition for cross-border cooperation at local authority and regional levels, including through the North West City Region initiative, the Irish Central Border Area Network, the East Border Region and the Dublin Belfast Economic Corridor, with each initiative setting out an agreed statement of updated regional priorities this year.

I and a number of Government Ministers have engaged directly with these cross-border local authority initiatives in recent months to affirm the Government’s support for their work and readiness to collaborate with them, taking account of their regional development strategies and the Government’s commitments and objectives on a Shared Island as set out in Programme for Government.

The Shared Island investment priorities, as set out in the reviewed National Development Plan announced by the Government on 4 October, were developed taking account of consultation with the North West Strategic Growth Partnership, Irish Central Border Area Network, East Border Region and Dublin Belfast Economic Corridor initiative.

The Government will continue to support fully the work of cross-border local authority partnerships and pursue opportunities for collaborative investment and work in implementing the Shared Island NDP investment priorities.

The Shared Island unit in my Department is engaging with local authorities and the cross-border local authority forums on an ongoing basis. The unit is working in cooperation with Government Departments and Agencies which have the policy responsibility and resource management functions in respect of sectoral and thematic areas that pertain to cross-border cooperation by local authorities.

Question No. 17 answered with Question No. 16.

Question No. 18 answered with Question No. 16.

Departmental Funding

Ceisteanna (19)

Mary Lou McDonald

Ceist:

19. Deputy Mary Lou McDonald asked the Taoiseach the funding and strategic supports his Department and the shared island unit will provide to Working for a Healthier Ireland as committed to in the National Development Plan 2021-2030. [49902/21]

Freagraí scríofa

The Taoiseach

The National Development Plan affirms the Government’s commitment, set out in the Programme for Government to deepen and strengthen North-South health links, and sets related investment objectives for 2021-30 to deliver better health care and outcomes for people on the island, working with the Executive and through the North South Ministerial Council Health sector, which is a responsibility of the Minister for Health.

Available funding streams include the Shared Island Fund, the Government’s funding for North/South cooperation in the area of Health, and the PEACE PLUS programme.

The Shared Island unit in my Department acts as a driver and coordinator of a whole of Government initiative, including to support delivery of commitments on Shared Island set out in the Programme for Government. The unit engages with Government Departments and Agencies which have the policy responsibility and resource management functions in respect of sectoral and thematic areas of cross-border cooperation, including the Department of Health.

Departmental Funding

Ceisteanna (20)

Mary Lou McDonald

Ceist:

20. Deputy Mary Lou McDonald asked the Taoiseach the role of his Department and the shared island unit in increasing air connectivity on the island as committed to in the National Development Plan 2021-2030. [49903/21]

Freagraí scríofa

The Taoiseach

The National Development Plan affirms the Government’s commitment, set out in the Programme for Government and under the New Decade New Approach Agreement, to work with the Executive and the UK Government for increased air connectivity on the island of Ireland, taking account of the outcome of a review on the viability of air routes on the island.

I am informed that this review is currently being finalised by the Department of Transport and will be provided to the Minister for Transport shortly.

The Shared Island unit in my Department acts as a driver and coordinator of a whole of Government initiative, including to support delivery of commitments on Shared Island set out in the Programme for Government. The unit engages with Government Departments and Agencies which have the policy responsibility and resource management functions in respect of sectoral and thematic areas of cross-border cooperation, including the Department of Transport.

Office of the Attorney General

Ceisteanna (21, 22)

Mattie McGrath

Ceist:

21. Deputy Mattie McGrath asked the Taoiseach the full complement of secretarial services available to the Office of the Attorney General; and the full breakdown of the costs associated with these services. [49906/21]

Mattie McGrath

Ceist:

22. Deputy Mattie McGrath asked the Taoiseach if secretarial staff members or support services provided to the Attorney General are being used to provide services to a private entity. [49907/21]

Freagraí scríofa

The Taoiseach

In terms of secretarial services, the Attorney General’s Private Office is staffed by four members of staff, comprising of one Private Secretary and three Personal Assistants. The Private Office is used by the Attorney General for carrying out his duties and responsibilities as Attorney General. It is not used to provide services to any private entity. The total associated salary-related costs for 2021 are estimated to be €224,000.

Question No. 22 answered with Question No. 21.