Written Answers Nos. 81-100
81. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment what progress he is making in addressing the concerns of actors, performers, writers and directors in the film and TV industry in relation to fully vindicating their intellectual property rights under the copyright directive and copyright legislation. [5800/24]
Amharc ar fhreagraCopyright legislation applies in the context that rights of authors and performers (including actors, performers, writers and directors) continue to be protected by certain provisions of copyright legislation when the authors or performers choose to transfer their rights to another party, for example to producers in the film and TV industry. This transfer is usually done by way of a license or contract in which the remuneration due to the authors or performers (rightsholders), in exchange for the transfer of his/her IP rights, is agreed between the parties concerned. Copyright legislation does not prescribe a specific manner in which such agreements should be made – this is a contractual matter between the parties.
My Department does not have a role in the enforcement of copyright legislation. It is open to rightholders themselves to take steps, as per the legislation, to enforce their own rights.
The EU Directive on Copyright in the Digital Single Market 2019/790, transposed into Irish legislation by way of S.I. No. 567/2021 - European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, does provide rightholders (including actors, performers, writers, and directors) with rights which continue to operate even after the rightholders have reached an agreement to transfer their rights initially.
Part 6 of S.I. 567 of 2021 addresses the principle of appropriate and proportionate remuneration for rightholders, it also outlines what factors should be taken into account when considering what is ‘appropriate’ and ‘proportionate’ remuneration in any given circumstance. Regulation 27 provides for a transparency obligation meaning that a rightholder shall receive, from the party to whom the rightholder has transferred his or her rights, detailed information on how the work has been exploited. This provision ensures that authors and performers have access to an increased level of information about the exploitation of their works and performances which is necessary to allow rightsholders to assess their economic value adequately and continuously.
Having obtained information, by way of the transparency obligations, Regulation 28 offers authors and performers a contract adjustment mechanism when “the remuneration originally agreed turns out to be disproportionately low” compared to the success of their work or performance and the resulting revenues generated.
The Regulations also provide that should there be a dispute regarding the transparency obligation and/or the contract adjustment mechanism, parties may engage in mediation consistent with the Mediation Act 2017. In addition, disputes may be referred to arbitration in accordance with the Arbitration Act 2010. This is without prejudice to any judicial remedies.
Questions Nos. 84 to 88, inclusive, answered orally.
89. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure, National Development Plan Delivery and Reform given the need for large supplementary estimates in health and education in 2023, the steps he will take to avoid underestimates of funding public services; how he is going to monitor the adequacy of funding provision; and if he will make a statement on the matter. [5768/24]
Amharc ar fhreagraMy Department plays a key role in developing and monitoring overall expenditure in line with Government objectives and agreed fiscal policy.
Since 2020 external shocks, including Covid, war in Ukraine, and elevated inflation have required Government to take a responsive approach to fiscal policy. This has resulted in a higher level of Supplementary Estimates in recent years.
In 2023, 31 Supplementary Estimates were required, representing an additional €6 billion in gross expenditure or €5.5 billion net. This level of Supplementary Estimates demonstrates Government's responsive approach with €4 billion of non-core expenditure allocated—including supporting arrivals from Ukraine and Cost-of-Living Supports. The remaining €2 billion relates to core expenditure pressures with additional demand in certain sectors and recognises the additional demand facing our public services particularly in the health and education sectors.
Our Health Service continues to operate in a post-pandemic environment with increased demand and complexity. Changed enrolment patterns in our schools impact on payroll costs and capital investment requirements partially related to Special Needs Education.
My Department continues to engage with all Departments to monitor and develop our budgetary process with a view to ensuring that value-for-money is delivered across Government projects and programmes.
Managing the delivery of public services within budgetary allocations is a key responsibility of each Minister and their Department. My Department is in regular communication with all Departments to ensure expenditure is managed within the overall fiscal parameters. There are a number of supporting processes and procedures in place including:
Drawdowns from the Exchequer are monitored against published profiles.
Key data and information in relation to voted expenditure is published monthly in the Fiscal Monitor.
Quarterly reporting to Government by the main spending Departments on their respective sectors also takes place alongside the overall expenditure management updates provided by my Department.
Regular engagement, through a number of fora, between spending Departments and my Department at senior official level.
I can assure you that my Department is fully focused on working with all Departments to manage public expenditure and continues to review our processes to ensure allocations are informed by the best available information.
Question No. 90 answered orally.
91. Deputy Darren O'Rourke asked the Minister for Public Expenditure, National Development Plan Delivery and Reform about delayed actions that his Department is leading on as part of the climate action plan 2023; what proportion are complete and what proportion are delayed; if any are still outstanding from the 2021 climate action plan 2021; the expected timeline for delivery for all delayed actions; and if he will make a statement on the matter. [5679/24]
Amharc ar fhreagraThe monitoring and quarterly reporting of actions due under successive updates of the Climate Action Plan is conducted by the Department of the Taoiseach with input from relevant Departments. Progress reports up to quarter three of 2023 are accessible on gov.ie. The Progress Report for Q4 2023 is being finalised and will be made available following consideration by Government. The status of my Department’s actions as of the end of the quarter 4 reporting period will be included within this report following Government consideration.
To allow for the tracking of uncompleted actions from Climate Action Plan 2021, a separate report was published by the Department of the Taoiseach alongside the 2022 Q4 report which detailed the progress of all actions that had not been completed by the end of 2022. This report provides detail on each delayed action and on those that were due for completion in 2023 or beyond, indicating whether they were included in the Annex of Actions for Climate Action Plan 2023 or dealt with otherwise. This report is also available on gov.ie.
This report shows that my Department was the lead on 3 actions delayed from Climate Action Plan 2021 which followed on for completion as part of Climate Action Plan 2023.
Two of these actions, numbered 69c and 69d, related to the reform of the Public Spending Code, now the Infrastructure Guidelines, and will be reported as complete in the upcoming Climate Action Plan 2023 progress report. The aim of this work is to improve the Government’s understanding of the impacts of investment decisions on the wider environment and climate. As part of this programme of work, my Department worked with the OECD, funded by the EU Commission through DG REFORM’s Technical Support Instrument, on two aspects of public capital expenditure appraisal requirements in Ireland:
The model for assessing the emissions impact of infrastructure investment; and
The appraisal of investments that may be vulnerable to the impacts of climate change.
This programme resulted in the publication of work by the OECD in Q2 2023. Subsequently, the Public Spending code was replaced by the Infrastructure Guidelines, published in December 2023. The Infrastructure Guidelines set out the value for money guidelines for the evaluation, planning and management of public investment projects, including purchase or acquisitions of assets or shareholdings, in Ireland. Reflecting recommendations put forward by the OECD, the updated Guidelines enhance guidance on appraising the climate and environmental performance of a capital proposal. The arrangements set out in the Guide apply to all public bodies and all bodies in receipt of Exchequer capital funding.
The remaining action marked as delayed from Climate Action Plan 2021, numbered 69b, related to the ongoing work to revise the shadow price of carbon as part of the Infrastructure Guidelines in light of our enhanced climate ambition. My officials have worked with the Marine and Renewable Energy Institute (MaREI) in UCC to carry out the analysis needed to inform this work. This was delayed from Q4 2022 pending the finalisation of the OECD’s review and the publication of the new Infrastructure Guidelines. As these have now been published, publication of the updated shadow price of carbon is expected imminently.
Updates on my Department’s progress on actions contained within Climate Action Plan 2023 will be included in the Progress Report for Q4 2023 which is being finalised and will be made available following consideration by Government.
Questions Nos. 92 to 95, inclusive, answered orally.
96. Deputy Richard Bruton asked the Minister for Public Expenditure, National Development Plan Delivery and Reform what programmes of public expenditure will be subject to evaluation in the coming year and whether this process needs to be reformed. [5739/24]
Amharc ar fhreagraEvaluation of Government expenditure is a vital component of the public expenditure management framework. This goal is fully embedded across Government and is progressed in a number of ways from the day-to-day management of resources, regular engagement across Departments and through the public service reform programme. It is also progressed through a range of budgetary reform initiatives including,:
• NDP and Infrastructure Guidelines;
• Performance and Equality Budgeting and
• Spending Reviews.
These reforms broaden the approach to how public expenditure is appraised, implemented and evaluated, working in tandem with wider initiatives such as the establishment of the Irish Government Economic and Evaluation Service (IGEES) which enhances the role of economics and analysis in policy making.
One of the main initiatives to support the expenditure management framework is the Spending Review process, which tracks and facilitates some of the evaluation work undertaken across Departments. This process involves individual Departments choosing an expenditure or policy area to review and conducting analysis that improves our knowledge of and the data around that policy or programme with the aim of making it more effective and efficient.
From 2017 the formal evaluation process, through the foundation of the Spending Review, moved from a centralised approach to one that facilitated Departments to analyse the efficiency and effectiveness of their own policy areas. This widened the scope for Departments to develop the concept of evidence informed policy.
To date 183 reviews have been published. The reviews cover a range of expenditure areas including Health, Enterprise, Social Protection, Education, and public service pay. One of the key trends emerging in recent years has been the move to a broader range of Departments publishing their own papers and working collaboratively on joint papers. The uptake now is roughly 50:50 between papers published by line Departments and those published by my Department.
In relation to reforms, following consultation with key stakeholders, the 2023 Spending Review trialed reforms that aimed to increase the impact of the process including;
• The introduction of Technical Review Groups; and
• Changes to the Steering Group for a more streamlined, strategic approach.
Operational improvements were made too, with revisions to the format of the scoping documents and review templates alongside formalisation of the consultation processes. The impact of these changes is being reviewed and will be assessed by the Interdepartmental Steering Group overseeing this valued process.
In relation to the reviews for 2024, business plans are currently being finalised and my Department expects to have a preliminary list of areas subject to evaluation in 2024 in the coming months.
97. Deputy Cathal Crowe asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide details of flood relief and river drainage works that the OPW will undertake in County Clare this year; and if he will make a statement on the matter. [5721/24]
Amharc ar fhreagraThe OPW and Clare County Council are currently progressing five flood relief schemes in County Clare, in Springfield, Shannon, Kilkee, Kilrush and Bunratty.
The schemes are at various stages of development, with the Springfield Flood Relief Scheme at the end of Stage 4 construction, while both the Kilkee Flood Relief Scheme and the Shannon Town and Environs Flood Relief Scheme are at the latter phase of Stage 1 preliminary design. It is currently envisaged that planning applications for the Kilkee Flood Relief Scheme and the Shannon Town and Environs Flood Relief Scheme will be submitted by Clare County Council to An Bord Pleanála in Q2 2024 and Q3 2024 respectively, as the schemes’ preferred design solutions and associated Environmental Impact Assessment Reports are nearing completion.
In 2024, Clare County Council plans to further progress schemes for Kilrush and Bunratty. To facilitate progression of the Bunratty Flood Relief Scheme, Clare County Council is preparing a tender for a consultant to carry out a feasibility study and to carry out site investigations before moving Stage 1 preliminary design. With regards to the Kilrush Flood Relief Scheme, Clare County Council intend progressing the issuance of tender documents for procurement of technical consultancy services.
Separate to the main flood relief schemes, Clare County Council is managing localised flood and coastal risks through the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme. Since 2009, the OPW has approved funding under the Minor Flood Mitigation Works and Coastal Protection Scheme of circa €3.8 million to county Clare for some 41 projects. Works programmed and/or ongoing for 2024 include Gullets Cross Cratloe, Querrin Beach, Mountcashel, Kilmurry, Ballycalla, Newmarket on Fergus, Thomond Villas, Clarecastle Study, and Whitestrand Miltown Malbay.
Regarding the matter of river drainage works, the OPW is responsible for the maintenance of arterial drainage schemes completed under the Arterial Drainage Acts, 1945 and 1995, as amended. Some 2,100km of channel and some 135km of embankments are maintained annually. The OPW Annual Maintenance Programme for 2024 includes maintenance in County Clare on the Creegh, Fergus, Coonagh, Bunratty Rineanna, and Owenogarney Arterial Drainage Schemes.
Question No. 98 answered orally.
99. Deputy Alan Farrell asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to report on the progress being made to digitalise public services; and if he will make a statement on the matter. [5332/24]
Amharc ar fhreagraI am pleased to say that great progress is being made across government to digitalise public services. I am delighted to report that this progress has been recognised nationally and internationally, most recently in the OECD’s 2023 Digital Government Index. Ireland is ranked amongst the top 10 international performers alongside countries such as Korea, Denmark, the United Kingdom, Norway, and Canada.
In its Report on the State of the Digital Decade for 2023, the European Commission records that Ireland has already reached the Digital Decade 2030 target of 100% for digitalisation of public services for businesses and, has already reached 81% of the 2030 target for digitalisation of public services for citizens.
Our overarching national digital strategy, Harnessing Digital – The Digital Ireland Framework, is aligned with the Digital Decade agenda and its challenging targets for 2030. It places a strong emphasis on inclusiveness, security and safety, underpinned by strong governance and a well-resourced regulatory framework.
While the progress to date is very positive, I acknowledge that we cannot sit back and that there are areas where broader improvements can be achieved in the delivery of public services, digital or otherwise. To that end, in 2023 my Department published Better Public Services – the Public Service Transformation 2030 Strategy, which sets out an approach for inclusive, high quality, and integrated Public Service provision that meets the needs, and improves the lives, of the people of Ireland. Consultation and communication with the public will also continue to be an important element of the Government’s digital public services programme.
While our focus on delivering public services is to take a “digital by default” approach, this does not mean “digital only”. I recognise that in an increasingly digital society, those who are unable to avail of digital opportunities for whatever reason, risk being excluded from society.
Consequently, in August last year, my Department published Digital for Good: Ireland's Digital Inclusion Roadmap, which sets out the range of initiatives contributing to improving digital inclusion through better skills, access and infrastructure.
Looking ahead - this year, my Department will increase focus on delivery of citizen facing digital services that make their lives better through joined up and efficient digital services under the “Life Events” programme. This programme will focus on assisting at scale the rollout of new digital government solutions in line with Harnessing Digital and the targets defined in the EU Digital Decade. In parallel, Better Public Services sets a clear direction of reform for the Public Service to 2030.
100. Deputy Robert Troy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform what reforms were negotiated as part of the new collective pay agreement for the public service; and if he will make a statement on the matter. [5661/24]
Amharc ar fhreagra104. Deputy Paul McAuliffe asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the way continued reform of public services is reflected in the new public sector pay agreement; and if he will make a statement on the matter. [5663/24]
Amharc ar fhreagraI propose to take Questions Nos. 100 and 104 together.
Reform and transformation of our public services remains a key priority for Government and it is always a feature of Public Service Agreements. As such, the proposed Public Service Agreement 2024 – 2026 includes a chapter on transformation. If ratified, the Agreement will underpin the ongoing transformation of our public services, allowing reform to continue in a collaborative and cooperative way.
The agreement also reaffirms the extensive provisions of previous agreements, as they apply to the transformation of public services, so that they can continue to provide a framework to enable the sustained transformation of public services.
In 2023, “Better Public Services – The Public Service Transformation 2030 Strategy”, was published. This strategy seeks to deliver better public services through the implementation of actions in line with the core themes of Digital and Innovation at scale, Workforce and Organisation of the future and Evidence informed policy and services designed for and with our public. The new agreement seeks to support this strategy as actions are initiated and progressed during its lifetime and provides for dialogue and engagement, in this regard.
The parties to the Agreement have acknowledged that the public service must play its part in taking a lead role, embracing and adapting to digitalisation and technological developments. This will include maximising the benefits of modern and emerging information technology including Artificial Intelligence, and related technologies, Robotic Process Automation (RPA) and Data Analytics.
Sectoral reform priorities are specified in the suite of strategies and plans that are contained in the Appendix. In support of public service delivery, there will be engagement, at sectoral level, in relation to these, which include, amongst others:
• Civil and Public Service Transformation Strategies;
• Cross Sectoral reform strategies that support the achievement of climate related goals;
• Health reform including Slaintecare and the delivery of Regional Health Areas.
A key element of the proposed Agreement is that each sector will produce and publish reform action plans and progress reports that will demonstrate delivery each year. These plans provide each sector with an opportunity to identify and agree specific goals and initiatives to be progressed during the lifetime of the Agreement. This is in line with the previous Agreement - Building Momentum and is required in order for pay increases to be realised.
Full detail of the agreed overarching reforms can be found in chapter 2 of the Agreement which has been published and is attached.
