Written Answers Nos. 283-301
283. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if there is a clause in public contracts to ensure the contractors winning public contracts must pay the industrial going rate to its employees for the services they deliver; and if he will make a statement on the matter. [35263/25]
View answer284. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the concept of the living wage has been adopted for public tenders for services, whereby the winner of the award must ensure minimum pay being set for its employees of the living wage to win the contract; and if he will make a statement on the matter. [35264/25]
View answerI propose to take Questions Nos. 283 and 284 together.
Public Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.
Specifically, EU rules require tenderers to be compliant with relevant employment law in order to participate in a public procurement process. The Directives make it clear that non-compliance with the relevant obligations may lead to exclusion of a tenderer from the procedure for the awarding of a public contract. The obligations on suppliers in relation to compliance with employment law are reflected in the suite of tender documentation for goods and services developed by my department in conjunction with the Office of the Chief State Solicitor and also in the Capital Works Management Framework.
In relation to the inclusion of the living wage in public contracts, there is no legal basis in Irish law or national agreements to make this a requirement on suppliers who wish to engage in public tendering. In addition, at EU level, any attempt to set wage rates through public procurement is also likely be viewed as discriminatory and in breach of the EU Treaty principles and the EU Procurement Directives. Wage rates which have a legal underpinning, of course, apply to all contracts, public and private.
285. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether all tenders worth €10 million or more for public service delivery are awarded on the lowest price tender received; and if he will make a statement on the matter. [35265/25]
View answer286. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the weighting or marks as a percentage of the total mark awarded to the lowest price applicants for public services tender competitions awarded by his Department in the past 5 years for tenders worth €10 million or more; and if he will make a statement on the matter. [35266/25]
View answer287. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the weighting or marks as a percentage of the total mark awarded that is guaranteed to applicants who qualify for public services contract tender competitions run by his Department in the past five years for tenders worth €10 million or more; and if he will make a statement on the matter. [35267/25]
View answer288. Deputy Aengus Ó Snodaigh asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation to list all the public services contracts worth €10 million or more, which have been granted by himself or his forerunner for his Department, or other State bodies in the past five years; the value of each contract; the length of term of each; the expiration date of each contract; and whether any contract was discontinued during its term and for what reason. [35268/25]
View answerI propose to take Questions Nos. 285, 286, 287 and 288 together.
I wish to advise the Deputy that a deferred reply will be issued to him in respect of these Parliamentary Questions, in line with Standing Order 52(1)(b).
|
Contract Description |
Duration of contract |
Expiration date |
Value of Contract (€) (band) |
Mark of lowest price as % of total marks |
Min % in order to qualify for tender |
Lowest Price Tender Awarded |
|
Supply, Installation and Maintenance of Dark Fibre pairs and Customer Premise Equipment (CPE) for Wide Area Connectivity Services |
84 months |
October 2029 |
€50-€60m |
90% |
N/A |
Yes |
|
Dark Fibre Wide Area Network Connectivity Services |
120 months |
June 2033 |
€15-€25m |
90% |
N/A |
Yes |
|
Dark Fibre Wide Area Network Connectivity Services |
120 months |
June 2033 |
€15-€25m |
90% |
N/A |
Yes |
|
Dark Fibre / Wavelength Wide Area Network Connectivity Services and Customer Premise Equipment |
120 months |
October 2033 |
€90-€100m |
90% |
N/A |
Yes |
|
Applications development life-cycle, Web design and development, DevOps and Release Management services. |
24 months |
June 2024 |
€15-€25m |
30% |
42% |
Yes |
|
External ICT Technical Support Services (Provided by teams of resources) |
36 months |
June 2025 |
€15-€25m |
30% |
42% |
Yes |
|
Provision of Recruitment Agency Services |
24 months |
September 2026 |
€5-€15m |
40% |
40% |
Yes |
|
Enterprise Project Portfolio Management (EPPM) Software as a Service (SaaS) |
48 months |
February 2026 |
€15-€25m |
40% |
N/A |
Yes |
|
Contract to facilitate purchase of Core Leaf and Spine switches under OGP framework for 3 years (36 months), with 2 possible 12 month extensions available |
36 months |
May 2027 |
€5-€15m |
50% |
N/A |
Yes |
|
ISW018F SRFT Microsoft Licensing Services |
36 months |
December 2024 |
€10-€20m |
100% |
N/A |
Yes |
|
SRFT for the provision of the Microsoft Solution Renewals and Associated Services for the Department for the renewal of Microsoft Enterprise subscription |
24 months |
September 2023 |
€10-€20m |
40% |
N/A |
Yes |
289. Deputy Martin Daly asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he will consider raising the national public procurement tender threshold for goods and services from €50,000 to €143,000 in line with the EU threshold, to support micro enterprises, reduce administrative burden, promote sustainability, and enhance value for money, while maintaining compliance and transparency in procurement. [35333/25]
View answerIn March 2023, my Department published Circular 05/2023: Initiatives to assist SMEs in Public Procurement. The circular highlights the positive measures that contracting authorities can take to promote SME participation in public sector procurement, including an increase to the threshold at which all contracts for goods and services must be advertised on eTenders from €25,000 to €50,000 (exclusive of VAT). The circular also includes a commitment that the measures will be kept under review in light of their impact on SME participation and operational efficiency.
The Programme for Government includes a commitment to reviewing the public procurement process to make it more transparent and encourage greater participation from SMEs. Working towards this aim, and to set out the strategic direction of public procurement for the next five years, my Department is developing a first national public procurement strategy. One of the foundational policy positions of the strategy is to make participation easier for suppliers. Through an extensive public consultation and three workshops, my Department has been listening to the views of SMEs to progress this objective.
My officials are currently reviewing the submissions to the public consultation and the insights garnered from the workshops. This feedback will be brought into the next phase of consultation which will involve discussions with key stakeholders to agree desired outcomes and actions for inclusion in the strategy. I plan on bringing the strategy to Government in Q4 2025.
It would not be appropriate for me to speculate at this stage and predetermine the outcome of the extensive consultation being undertaken by my Department, which is critical to understanding the primary challenges and opportunities for both public bodies and suppliers. Following this key stage, I will work with colleagues across government to agree actions to support the delivery of strategic, innovative, sustainable and transparent public procurement that promotes competition and value for money.
290. Deputy Michael Cahill asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation for an update on an urgent matter regarding sculptures (details supplied); and if he will make a statement on the matter. [35354/25]
View answerThe Office of Public Works is aware of a proposal from the World War 1 Relatives Group for a sculpture memorial. The group is seeking funding support for this proposal through the Shared Island Programme. As the Deputy will be aware, funding from this programme is a matter for the Department of An Taoiseach.
It is important to note that the OPW manages the Irish National War Memorial Gardens at Islandbridge which is Ireland's national memorial to all those who lost their lives in the First World War. The names of the 49,400 lost soldiers are contained in the beautifully illustrated manuscripts by Harry Clarke displayed in the granite book rooms.
The Gardens are an all-Ireland Memorial which has over 400,000 users and visitors annually. They are a place of remembrance, with a solemn and serene atmosphere for contemplation on the conflict and all those who lost their lives.
291. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the fiscal space projected to be available in Budget 2025 for new current and capital spending. [35452/25]
View answerBudget 2025, introduced in October 2024, announced investment of €105.4 billion to deliver continued improvements in our infrastructure and enhance our existing public services to build for a stronger future.
This represented an overall increase of almost €7 billion in voted expenditure over the 2024 starting position set out in the 2024 Summer Economic Statement, with a current expenditure increase to €90.5 billion and capital expenditure increasing to €14.9 billion. Budget 2025 builds on the progress of previous budgets by providing for sustainable investment in public services and infrastructure.
Since the beginning of this year, additional capital investment has been agreed by Government, with the Government Expenditure Ceiling revised upward in June to €106.4 billion to provide for €925 million of additional capital investment in Housing (€715m) and Education (€210m).
The combination of current and capital expenditure uplifts in 2025 will:
• Provide supports and services which anticipate and meet the needs of a growing and changing population;
• Provide record levels of investment in the NDP, including the additional €750 million from windfall receipts;
• Accommodate many new measures in front line Departments such as Social Protection, Education, Justice and Children; including new measures funded from the National Training Fund,
• Continue to respond to external challenges like our humanitarian response to the Ukraine war, demands on our international protection accommodation services and legacy impacts on the health sector from the pandemic.
As part of the new EU Fiscal Rules, Ireland, like all EU Member States, is required to prepare and publish a Medium Term Fiscal and Structural Plan (Medium Term Plan). My Department and the Department of Finance are now developing this revised Medium Term Plan to be published later this year. The new Medium Term Plan will reflect the strategic choices that will need to be made over the next five years in relation to tax and expenditure policy, to ensure a balanced and sustainable fiscal outlook.
The Medium Term Plan will be informed by the Medium Term Expenditure Framework and the NDP Review which are currently being developed by my Department. This strategic overall approach will be critical to framing the fiscal parameters for Budget 2026 and future Budgets over the medium term in a balanced and sustainable way.
292. Deputy Ryan O'Meara asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the data resources available to individuals seeking up-to-date, accurate information on their exposure to flood risk; the frequency with which data and resources are updated; and if he will make a statement on the matter. [35458/25]
View answerFloodinfo.ie (www.floodinfo.ie/map-review/) is the OPW’s national flood information portal providing location specific access to flood risk and flood risk management information, including a range of flood maps. The portal was established in May, 2018 in conjunction with the launch of the 29 Flood Risk Management Plans developed under the National Catchment Flood Risk Assessment and Management (CFRAM) Programme. The CFRAM Programme involved a detailed assessment of flood risk for 300 communities, home to over 3 million people (approximately two-thirds of the national population), and for reaches in between these communities and down to the open sea. The CFRAM Programme produced a range of detailed flood maps for present-day conditions, and also for potential future scenarios taking into account the potential impacts of climate change. The 29 Flood Risk Management Plans, the flood maps and a wealth of other flood risk management information are published on the floodinfo.ie portal.
Updates and revisions to the flood maps produced through the CFRAM Programme may occasionally be required due to a change in physical conditions, the completion of an OPW-funded Flood Relief Scheme or Minor Works Scheme, Evidence presented by a recent flood event that calls into question the published Flood Map or based on other specific evidence. In these circumstances a Flood Map Review may be undertaken. A flood map review can be instigated at any time by the submission of a Flood Map Review Request Form. Full details of the Flood Map Review Programme and guidance notes for the flood map review process are available from the floodinfo.ie portal.
A flood map review is a two-stage process with the first stage representing a screening exercise. Where there is sufficient evidence provided that a published flood map does not reflect the current conditions, the OPW will proceed to a detailed re-assessment of the area in question, which may include topographical survey, re-estimation of flood flows, and computer modelling to produce flood mapping.
Where a flood map is updated, the revised draft flood map is published on the floodinfo.ie portal for comment for a period of 30 days. Following this period, any comments received are reviewed and, if appropriate, any resultant amendments are made with the final flood maps produced and published on the website.
293. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the estimated full-year cost of ensuring that every public sector worker earning under €100 thousand receives a pay increase of 10% in 2026; and if he will make a statement on the matter. [35647/25]
View answerThe total public service pay bill figure (inclusive of Local Authorities) for 2025 is estimated to be €30.2 billion. This includes all elements of pay, including basic pay, allowances, overtime, premia, and employer PRSI. The estimated cost of a 10% pay increase for public service workers earning less than €100,000 would be approx. €2.8 billion.
294. Deputy Alan Kelly asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation when an assessment was last made by the OPW of the levels of asbestos in Garda stations across the country; and if he will make a statement on the matter. [35720/25]
View answerAsbestos is assessed on an ongoing basis by the OPW by way of a comprehensive Asbestos Survey process.
Asbestos is managed in-situ and it is only removed if it is damaged or deteriorated, or going to be disturbed by any planned demolition or refurbishment works.
Where asbestos containing materials (often referred to as ACMs) are present, or suspected to be present, a pre-refurbishment survey is commissioned and asbestos removal works are carried out as part of any works to affected areas.
The PQ response timeframe does not allow for a complete presentation of all assessments in Garda Stations across the entire county. My office will contact the deputy to arrange for briefing to be provided on asbestos management assessments.
295. Deputy Mairéad Farrell asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he is satisfied that public bodies are compliant with their obligations for disclosing procurement information, in light of the Information Commissioner's ruling (details supplied), if he will be reminding this body of their obligations; and if he will make a statement on the matter. [35741/25]
View answerThe Government's assessment is that, in general, and consistent with the approach adopted since FOI first came into effect in 1998 commercial state bodies should not be subject to FOI requirements. The rationale for this approach is the risk of the uneven competitive market environment that would be created in circumstances that commercial state bodies operating in a competitive market were subject to FOI but their privately-owned market competitors were not. This would be expected to have an adverse impact on the commercial position of the state body in question, which would not be in the public interest or consistent with the need to safeguard the State's economic and financial interests. Moreover, very significant information is available on the activities of these commercial companies reflecting their obligations under company law, the information they provide to Government Departments and relevant sectoral regulators which is available for release under FOI or otherwise.
A list of Commercial State Bodies that are excluded from the Freedom of Information Act 2014 is contained at Schedule 1, part 2 of Act. The list includes bodies such as airport authorities, transport, port and Electricity Supply Board, as well as entities involved with tourism, trade and other commercial activities. As such, Dublin Airport Authority is an exempt Agency and is not subject to the 2014 Act.
Freedom of Information requests are decided on a case-by-case basis, depending on the contents of the particular records concerned. Therefore, it should not be taken that requests for similar types of records should automatically result in the same outcome, as the contents of the records may well be markedly different.
Approximately four out of every five FOI requests decided on are granted. Reviews are available where a requester is dissatisfied with the outcome of their request. However, these are availed of in approximately 3% of cases annually, while an independent review by the Information Commissioner is sought in slightly over 1% of cases. Key indicators remain consistent from year to year.
It is the role of the Information Commissioner and the Courts to reach authoritative determinations on the interpretation of the Freedom of Information Act 2014 including application of the exemption relating to commercially sensitive information. Where a party is dissatisfied with a decision made by a public body on a request, under the 2014 Act they may seek an independent review by the Commissioner of the decision. A further statutory appeal is available to the High Court from a decision of the Commissioner.
296. Deputy Niall Collins asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if a person can transfer their three years with the OPW to a local authority for pension purposes, State Pension Contributory (details supplied); and if he will make a statement on the matter. [35742/25]
View answerFrom the details supplied by the Deputy, it would appear that the individual concerned was initially employed by a public service body in the 1970s, before leaving that employment. The individual re-entered public service employment in 2018.
The Single Public Service Pension Scheme is a statutory Public Service Career-Average Defined Benefit Pension Scheme. It was established on 1 January 2013 under the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. Public service pension schemes established prior to the enactment of the Single Scheme Act are generally referred to as “pre-existing schemes”.
The provisions of the Single Scheme are clearly set out in law. All public servants hired after 1 January 2013 are members of the Single Scheme. The most common exception to this is where, on or after 1 January 2013, a pensionable public servant who is not a Single Scheme member ceases public service employment and subsequently takes up a public service post no later than 26 weeks after ceasing the earlier employment.
With regard to the individual to which the Deputy refers, placement in the Single Public Service Pension Scheme would appear to have been appropriate, as the gap between their previous public service employment and his current one exceeded 26 weeks.
As the Deputy has not provided information as to which pre-existing scheme the individual previously belonged to, it is not possible to provide specific information with regard to their entitlements under that scheme, should any entitlements exist. In the first instance, the individual should contact their previous employer with regard to whether they hold an entitlement to a preserved pension in respect of their previous employment. While civil service pension schemes at that time required members to remain in employment for a vesting period of 5 years to qualify for preserved pension benefits, the individual will need to engage with their previous employer regarding the rules of the specific pension scheme they had joined at that time.
Regardless of the specifics of any pension entitlement that may or may not exist, it should be noted that the transfer of retirement benefits accrued under pre-existing public service pension schemes is not permitted under the transfer facility established for the Single Scheme.
It is possible for individuals to transfer funds from a Revenue-approved pension fund towards their Single Scheme pension entitlements, by engaging with their current employer. To be eligible for this, Single Scheme members must have the capacity to complete a 24-month vesting period prior to reaching their Normal Retirement Age.
297. Deputy Conor Sheehan asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the new infrastructure unit in his Department has been tasked with preparing an infrastructure priorities list; and if he will make a statement on the matter. [35753/25]
View answerIn line with the commitments made in the Programme for Government, earlier this year I announced a series of actions to accelerate the provision of strategic infrastructure in Ireland, including the creation of a new Infrastructure Division in my Department.
This Division is focusing on how infrastructure development can be accelerated, particularly in the electricity, water and transport sectors. This is the strategic infrastructure required to underpin the development of all of the other economic and social infrastructure we need to function as a society. It is particularly vital to enable the development of the 300,000 homes we need to meet the Government's housing target.
Specifically, the Infrastructure Division has been initially tasked with the preparation of a systematic, evidence-based assessment of the barriers impeding timely infrastructure development. To support this work, experts have been temporarily deployed to my Department from a range of key State agencies including, ESB Networks, EirGrid, Uisce Éireann, Transport Infrastructure Ireland and An Coimisiún Pleanála.
The Infrastructure Division is also engaging with key stakeholders to gather the evidence necessary to identify the most critical barriers to development. The evidence from this direct engagement will be combined with views from a wide range of stakeholders through a public consultation that launched on June 6th. The consultation will close on July 4th and I encourage my colleagues to take part.
I expect to provide a draft report to Government in the coming weeks on the most significant barriers that are impeding infrastructure development. The results of this analysis will inform a subsequent Action Plan that Government will consider for implementation.
298. Deputy Barry Ward asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation his views on whether existing legislation, related to whistleblowers, provides adequate protection to whistleblowers irrespective of the industry they might be involved with; and if he will make a statement on the matter. [35878/25]
View answerI would like to thank the Deputy for his question.
As the Deputy is aware, Ireland has comprehensive legislation to protect workers who raise concerns about wrongdoing in the workplace. The Protected Disclosures Act was enacted in 2014. This legislation was further enhanced by the Protected Disclosures Amendment Act 2022 (the 2022 Act).
The 2022 Act broadens the scope of those who can report wrongdoing beyond employees to include volunteers, shareholders, trainees, board members and job applicants. It also imposes new requirements on employers as regards the operation of formal whistleblowing channels.
There are also special channels for the reporting of wrongdoings related to law enforcement, security, defence, international relations and intelligence.
The Act prohibits penalisation or threat of penalisation of a worker for having made a protected disclosure. Penalisation includes:
• Unfair dismissal.
• Unfair treatment, such as suspension, demotion, loss of pay, change of working hours, reassignment, disciplinary action, etc.; and
• Coercion, intimidation and harassment.
All employers have a duty of care to ensure their workers do not suffer penalisation.
Statutory protection from penalisation is provided primarily by the Workplace Relations Commission (WRC), who can make orders for restitution and the payment of up to 5 years’ salary in compensation. Cases can be appealed to the Labour Court. Alternatively, a worker can sue for damages in court, where there is no maximum award of compensation.
Workers are also immune from civil legal action by the employer (e.g. for breach of confidentiality clauses in their contract of employment). Similarly, if a worker faces criminal proceedings for disclosing restricted information, they can offer as a defence that they made a protected disclosure.
Recipients of protected disclosures are obliged under the Act to take all reasonable steps to keep the identity of the discloser confidential. This provides further protection against penalisation since if the identity of the reporting person is not widely known, they cannot be retaliated against.
The amended Act provides for criminal penalties for:
• Penalising a reporting person.
• Taking vexatious legal proceedings against a reporting person; and
• Disclosing the identity of a reporting person.
In addition, free, independent, advice on making a protected disclosure and on workers’ rights and protections under the Act is available from Transparency International Ireland’s Speak Up Helpline. This is an initiative supported by grant funding from my Department.
299. Deputy Pearse Doherty asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the reason it was decided to not proceed with the relocation of a family (details supplied) as part of the voluntary homeowners relocation scheme, despite repeated severe flooding of their home and all indications being that they would be relocated; and if he will make a statement on the matter. [35986/25]
View answerNationally, 55 flood relief schemes have been completed to date which are providing protection to over 13,500 properties and an economic benefit to the State in damages and losses avoided estimated to be in the region of €2 billion.
In 2018, to facilitate the development of a programme of works, the OPW completed a strategic study - the National Catchment Flood Risk Assessment and Management (CFRAM) programme. The CFRAM programme resulted in the publication of 29 Flood Risk Management Plans which provide the roadmap for the Government’s €1.3bn investment in flood relief measures over the lifetime of the National Development Plan to 2030.
Since 2018, as part of a phased approach to scheme delivery, this funding has allowed the OPW, in partnership with local authorities, to treble the number of schemes at design, planning and construction to some 100 schemes.
The Castlefinn flood relief scheme is being delivered as part of a bundle of projects that includes Burnfoot, Downings and Glenties. Currently the Castlefinn scheme is at Stage 2 Planning.
The €8.2m flood relief scheme for Castlefinn is to protect 33 properties from significant flood risk.
Part of the process for the design of any flood relief scheme fully explores all possible options and advances those viable options that meet the necessary technical, social, environmental and economic criteria.
During the design stage of the community based Castlefinn flood relief scheme, a relocation option for one property in Coolyslin, was considered through the optioneering process. Implementing this option of relocation can only be addressed through the Voluntary Homeowners’ Relocation Scheme (VHRS) that was introduced by the Government in 2017 to address the very serious flooding of those homes that flooded in the Winter of 2015/16. This property however does not qualify for the VHRS. Therefore it has been determined that relocation is not an option that can be provided for under the proposed scheme for Castlefinn.
While an alternative engineering solution was identified as a potential option for this property at an earlier stage, this option requires further exploration. More detailed engineering and environmental analysis is now going to be undertaken to assess the flood risk and the potential viable options for this and any additional properties at risk from flooding under the current flood risk and climate change future scenarios. This work is continuing with the consultants for the Castlefinn flood relief scheme.
For the remaining 32 properties planning documentation is being completed over the coming months with the intention to submit the substantive scheme for planning consent in Q4 of 2025.
300. Deputy Peadar Tóibín asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he will ensure that the Navan to Dublin rail line is included for designated funding in the review of the National Development Plan (details supplied). [36044/25]
View answerThe Review of the National Development Plan (NDP) will allocate funding to update capital expenditure ceilings out to 2035. Sectoral capital allocations will be published in the Review document in July, in line with the Programme for Government commitment.
In total, around €97 billion in capital funding will be allocated until 2030, which reflects an almost €20 billion increase from current NDP ceilings. In allocating funding, Government will be required to make decisions on strategic project selection and prioritisation, to align with national priorities and make the maximum use of State resources.
Prioritisation of the available funding is necessary to deliver on the ambition of the Review to provide the supporting infrastructure to enable the delivery of 300,000 additional homes by 2030 and to boost our competitiveness.
Aligned with that vision, the Programme for Government lists critical priorities to improve our infrastructure through the review of the National Development Plan. These are: housing, energy, water, transport and health digitalisation. Prioritisation will therefore focus on the funding requirements of priority projects within these critical priority areas, of which Transport in a critical priority, to support the focus of the Review.
Decisions on funding allocations to sectors, including Transport, in support of sectoral projects, will therefore be taken on the basis of evidence provided by spending departments on capacity to deliver, in alignment with the review priorities.
301. Deputy Colm Burke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the current status of the project prepared by the OPW re the Blackpool flood relief scheme, in view of the fact that this project was delayed due to his Department failing to act back in 2022; the timeline for when approval for the project to proceed will be given; and if he will make a statement on the matter. [36070/25]
View answerI would like to reassure the Deputy that my Department did act in 2022 with the specific purpose of ensuring compliance with regulations and mitigating the risk of legal challenges and the delays associated with such challenges. The details behind these actions and the current status of the project are set out below.
The Deputy will be aware that the timeline for the examination of this scheme has been severely impacted by challenges brought under Judicial Review. The scheme was originally granted consent in March 2021 but this decision was ultimately overturned in early 2022 following a legal challenge brought by a community group. During the course of these proceedings, my Department sought and received extensive legal advice on not only the specific matters raised during the course of these proceedings, but also on the wider Ministerial consent function and how to ensure compliance in this space moving forward. This advice informed a request for supplementary information from the OPW in February of 2022. This request was made in accordance with section 7B(4) of the Arterial Drainage Act 1945, as amended.
The OPW supplied the information requested to my Department in October 2022. Following receipt of this information, my Department re-engaged it's environmental consultants and issued instructions for the examination of all the environmental reports supplied by the OPW. These instructions were informed by the legal advice supplied in the aftermath of the Judicial Review proceedings earlier that year.
Following a thorough examination of the scheme, in October 2023 the Department's consultants recommended that supplementary information again be requested from the OPW under section 7B(4) of the Act. This request was communicated to the OPW in November 2023.
One of the issues at play with the most recent request for supplementary information concerns the requirement to update baseline information which was gathered in the preparation of environmental reports supplied prior to the Judicial Review proceedings challenging the March 2021 decision. The Deputy should be advised that this is not a matter which is exclusive to the examination of the Blackpool scheme. For example, a similar determination was reached in the examination of the River Deel (Crossmolina) flood relief scheme. The provision of up to date baseline data in this case enabled the examination of this scheme to be completed and an order consenting to the scheme was issued in September of last year, with construction now underway.
In respect of the current status of the Blackpool scheme, I can report that the OPW submitted supplementary information to the Department on the 17th of April 2025. This information has been referred to the Department's consultants for examination. In parallel, my Department is also making arrangements for a period of public consultation to be held in regards to the environmental impacts of this scheme, as prescribed by the amended 1945 Act. Details of this consultation will be made available on my Departments website and local media.
I can assure the Deputy that my Department will continue to progress any actions required of it in a timely manner and in line with expert advice in order to ensure a robust process and a project that will be less vulnerable to legal challenges and the delays associated with these.
