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Tuesday, 26 Apr 2016

Written Answers Nos. 119 - 133

Coastal Protection

Ceisteanna (119)

John Brassil

Ceist:

119. Deputy John Brassil asked the Minister for Public Expenditure and Reform the status of coastal protection measures at Ballyferriter, Dingle, County Kerry; and if he will make a statement on the matter. [8248/16]

Amharc ar fhreagra

Freagraí scríofa

It is a matter in the first instance, for each local authority to identify, investigate and address priority areas of their coastlines considered to be under significant threat from erosion. It is open to Kerry County Council to undertake coastal erosion remedial works using its own resources. If necessary it may also put forward proposals to central Government Departments for funding of appropriate erosion management measures depending on the infrastructure or assets under threat. The Office of Public Works (OPW) operates the Minor Flood Mitigation Works and Coastal Protection Scheme, under which applications from local authorities are considered for measures costing not more than €500,000 in each instance. Funding for coastal erosion risk management studies may also be applied for under this scheme. Funding of up to 90% of the cost is available for projects which meet the eligibility criteria including a requirement that the proposed measures are cost beneficial. Full details are available on the OPW's website: www.opw.ie.

No application has been received to date by OPW for the location referred to in the question.

Drainage Schemes

Ceisteanna (120)

Éamon Ó Cuív

Ceist:

120. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the reason works have not been carried out, given that they were promised as part of the planned works for 2014 in correspondence (details supplied) dated 30 August 2013 from the Minister of State with responsibility for the Office of Public Works; when they will be carried out; and if he will make a statement on the matter. [8196/16]

Amharc ar fhreagra

Freagraí scríofa

The OPW carries out Arterial Drainage Maintenance to a total of 11,500km of river channel and approximately 730km of embankments nationally. These maintenance works relate to arterial drainage schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995, whose purpose was primarily to improve the drainage of agricultural lands. The OPW has a statutory duty to maintain the completed schemes in proper repair and in an effective condition. The annual maintenance programme typically involves some clearance of vegetation and removal of silt build-up on an average five-yearly cycle.

In December 2013 and January 2014, the country experienced a number of exceptional storm events which gave rise to widespread flood events and significant damage to flood defences. OPW has prioritised its resources in responding to these events and in repairing, reinstating and strengthening damaged flood defences. This resulted in the postponement of certain scheduled maintenance works. These works have been included in the 2016 works programme and are expected to be carried out in the coming months.

Flood Relief Schemes

Ceisteanna (121)

David Cullinane

Ceist:

121. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the flood relief plans in place to remediate flooding in the village of Clashmore, County Waterford; and if he will make a statement on the matter. [8226/16]

Amharc ar fhreagra

Freagraí scríofa

Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address and County Councils may carry out flood mitigation works using their own resources. The Office of Public Works (OPW) operates a Minor Flood Mitigation Works and Coastal Protection Scheme the purpose of which is to provide funding to Local Authorities to undertake minor flood mitigation works or studies to address localised flooding and coastal protection problems within their administrative areas. The scheme generally applies to relatively straightforward cases where a solution can be readily identified and achieved in a short time frame. Full details are available on the OPW website www.opw.ie.

No application under the Minor Works scheme has been received to date by the OPW for the area referred to in the question.

Flood Prevention Measures

Ceisteanna (122)

Robert Troy

Ceist:

122. Deputy Robert Troy asked the Minister for Public Expenditure and Reform the plans in place to develop flood defences for the town of Athlone; and if there are plans to bring forward solid proposals on this issue during 2016. [8243/16]

Amharc ar fhreagra

Freagraí scríofa

The core strategy for addressing the significant flood risks nationally, in Athlone and in the Shannon River Basin District generally, is the Office of Public Works'(OPW) Catchment Flood Risk Assessment and Management (CFRAM) Programme. Athlone is one of 66 locations in the Shannon River Basin District and 300 locations nationwide that are being assessed under the Programme the purpose of which is to implement the EU Floods Directive and national flood policy. The Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of preliminary flood risk management options and the production of flood risk management plans. Under the Shannon CFRAM Study, draft predictive flood maps for Athlone have been produced and were the subject of a Public Consultation Day in Athlone on 17th February 2015. The draft maps will be finalised in 2016 following the conclusion of the national statutory public consultation process on 23rd December, 2015.

Two Public Consultation Days were held in Athlone on 17th December, 2015 and 11th February, 2016 to present and discuss preliminary options to manage the significant flood risks. Following the finalisation of the flood mapping and the identification of preliminary flood risk management options, the final output from this important project will be integrated Flood Risk Management Plans containing specific measures that can address in a comprehensive and sustainable way the significant flood risks identified in the Shannon River Basin District. Further information on the Programme is available on www.cfram.ie.

The Government recently announced increased levels of investment in the area of flood relief as part of the overall Capital Investment Plan 2016-2021 and this investment programme will allow for consideration of measures arising from the Flood Risk Management Plans.

The Office of Public Works also operates a Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial, are published on the OPW website, www.opw.ie. It is not available for repair of damaged infrastructure or for maintenance of existing flood defence or coastal protection assets. It is open to the Westmeath County Council, pending the finalisation of the CFRAM Programme, to submit a funding application under the Scheme. Any application received will be considered in accordance with the scheme eligibility criteria and having regard to the overall availability of resources for flood risk management.

It is also open to Westmeath County Council to carry out flood mitigation works using its own resources.

Flood Prevention Measures

Ceisteanna (123)

Robert Troy

Ceist:

123. Deputy Robert Troy asked the Minister for Public Expenditure and Reform the plans in place to develop flood defences in the areas of Lanesborough and Clondra, County Longford. [8272/16]

Amharc ar fhreagra

Freagraí scríofa

The core strategy for addressing the significant flood risks nationally is the Office of Public Works’ (OPW) Catchment Flood Risk Assessment and Management (CFRAM) Programme. Lanesborough Power Station is an Individual Risk Receptor (IRR) and Cloondara (or Clondra) is an Area for Further Assessment (AFA) in the Shannon River Basin District being assessed under the Shannon CFRAM study. The Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of preliminary flood risk management options and the production of flood risk management plans.

Under the Shannon CFRAM Study, draft predictive flood maps have been produced and were the subject of Public Consultation Days in Cloondara on 21st January, 2015 and for Lanesborough Power Station IRR on 25th February, 2015. In addition, a Public Consultation Day was held in Cloondara on 18th November, 2015 to present and discuss preliminary options to manage the significant flood risks in the Cloondara AFA. The draft maps are now being finalised following the conclusion of the national statutory public consultation process on 23rd December, 2015.

Following the finalisation of the flood mapping and the identification of preliminary flood risk management options, the final output from this important project will be integrated Flood Risk Management Plans containing specific measures that can address in a comprehensive and sustainable way the significant flood risks identified in the Shannon River Basin District. The Plans will include a prioritised list of measures, both structural and non-structural, that can address flood risk in an environmentally sustainable and cost effective manner. Further information on the Programme is available on www.cfram.ie.

The Government recently announced increased levels of investment in the area of flood relief as part of the overall Capital Investment Plan 2016-2021 and this investment programme will allow for consideration of measures arising from the Flood Risk Management Plans.

The Office of Public Works also operates a Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial, are published on the OPW website, www.opw.ie. It is open to the Longford County Council to submit a funding application under the Scheme. Any application received will be considered in accordance with the scheme eligibility criteria and having regard to the overall availability of resources for flood risk management.

Two applications under the OPW’s Minor Works Scheme have been received in 2016 for Lanesborough, which are not within the AFA. Both applications are currently being assessed.

It is also open to Longford County Council to carry out flood mitigation works using its own resources.

Departmental Contracts Data

Ceisteanna (124)

Tony McLoughlin

Ceist:

124. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform further to the reply to Parliamentary Question No. 126 of 14 April 2016, the reason this directive in relation to quantitative lots was not adhered to as should have been the case under European Union legislation; if he is aware that if this directive had been adhered to then smaller companies such as local suppliers, as the directive intends, could have been in a position to tender for this tender, which would have made the tendering process much more competitive and fair; if this tender could be reopened even at this stage, as compliance to the rules has not been adhered to; and if he will make a statement on the matter. [8329/16]

Amharc ar fhreagra

Freagraí scríofa

The Office of Government Procurement (OGP) wishes to advise that this specific tender process (mini competition) is currently live and under evaluation.  Therefore the OGP cannot comment on this process at this juncture.  The mini competition is being carried out following on from a National Framework Agreement which was awarded in August 2015.

The OGP confirms that the National Framework Agreement (arising from which the mini competition is being conducted) was structured into sectoral lots in line with the objectives of Circular 10/14: "Initiatives to assist SME's in Public Procurement" whereby the government has introduced business friendly obligations on public procurers.  These measures include open tendering, breaking contracts into lots, lower financial qualification criteria, supporting consortia bids and requiring lower insurances. 

In this instance the framework tender process was structured with 10 lots of which 5 were specifically for the health sector.  The OGP encouraged collaborative consortia bids.  Forming a consortium is a decision only a supplier(s) can make.  IntertradeIreland have a specific training programme available to support businesses interested in putting consortia together. 

Five companies were appointed to the National Framework Agreement and four of the companies are SMEs based in Dublin, Cork, Monaghan and Galway.  This outcome has shown that ability of SMEs to compete and be successful in public procurement processes.

The OGP confirms that the framework tender process was carried out in a fair, open and compliant manner and all rules have been adhered to in the process.

Living Wage Implementation

Ceisteanna (125)

David Cullinane

Ceist:

125. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the cost to the Exchequer of the State becoming a living wage employer; and if he will make a statement on the matter. [8375/16]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply to Parliamentary Question No. 73 of 19 January 2016. 

State Properties Data

Ceisteanna (126, 128)

Peadar Tóibín

Ceist:

126. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the details of vacant State properties and land, including car parks not in use, owned by his Department or by bodies and agencies under the aegis of his Department by square footage, by location and by local authority, in tabular form; and if he will make a statement on the matter. [8383/16]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

128. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 138 of 14 April 2016, if he will provide details of the area in square footage of each of the vacant properties listed. [8459/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 126 and 128 together.

I am advised by the Commissioners of Public Works that the information sought by the Deputy is currently being collated. A detailed response will issue directly to the Deputy as soon as it is available.

Public Sector Staff Recruitment

Ceisteanna (127)

Seán Haughey

Ceist:

127. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform if 3% of places in the public service are being reserved for those with a disability; and if he will make a statement on the matter. [8446/16]

Amharc ar fhreagra

Freagraí scríofa

In relation to the employment of people with disabilities in the Public Service, Part 5 of the Disability Act 2005 sets a 3% target for such employment and this is monitored on an annual basis by the National Disability Authority (NDA). 

In its latest published report for 2014, the NDA reported that the proportion of staff with disabilities in the public service exceeded the 3% target for the fourth successive year.  In the Civil Service, the area of the public service for which I have direct responsibility, 4.3% of staff employed in Government Departments were reported as having a disability.  In relation to other areas of the public service, each Minister is responsible for reporting on the target set in the Disability Act 2005 for the employment of persons with disabilities in public bodies under his or her aegis. 

In the context of the implementation of the Comprehensive Employment Strategy for people with disabilities, it has been agreed to increase the public service employment targets on a phased basis from 3% to 6%. 

In addition, a number of Departments and Offices in the Civil Service are participants in the Willing Able and Mentoring (WAM) Programme which is a graduate work experience programme aimed at persons with disabilities. 

Question No. 128 answered with Question No. 126.

Office of Public Works Projects

Ceisteanna (129)

Marc MacSharry

Ceist:

129. Deputy Marc MacSharry asked the Minister for Public Expenditure and Reform to allocate funding for the upgrading of Lennox Bridge and Four Masters Bridge, County Donegal; and if he will make a statement on the matter. [8507/16]

Amharc ar fhreagra

Freagraí scríofa

The Office of Public Works (OPW) is not responsible for the bridges mentioned in this question. The maintenance of and any necessary upgrading work on these bridges is the responsibility of Donegal County Council.

Compulsory Purchase Orders

Ceisteanna (130)

Dara Calleary

Ceist:

130. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if his Department has considered the consequences of a recent court judgment (details supplied) on the compulsory purchase order process; if legislative change is required or envisaged in this regard; and if he will make a statement on the matter. [8149/16]

Amharc ar fhreagra

Freagraí scríofa

In November 2015, the Supreme Court set aside a compulsory purchase order issued by IDA Ireland in respect of lands in County Kildare owned by Mr. Thomas Reid. The Court found that the specific legislation that IDA Ireland had relied upon – Section 16 of the Industrial Development Act, 1986 – could not be utilised in the circumstances of the case in question.

My Department is carefully considering the judgment and its implications and it is expected that these issues will be considered by Government in the near future.

Microfinance Loan Fund Scheme Data

Ceisteanna (131)

Seán Fleming

Ceist:

131. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the amount of funding that has been actually drawn down under the Microfinance Programme established by his Department; the amount of funds that were approved or allocated by various institutions under this programme; if he is satisfied that sufficient funds are being drawn down with the level of progress on this matter; and if he will make a statement on the matter. [8127/16]

Amharc ar fhreagra

Freagraí scríofa

Microfinance Ireland was established to administer the Microfinance Fund on behalf of the Government. Its funding comes from a number of sources:

(i) €10m in the form of a Government grant;

(ii) €15m loans in total from the three main banks;

(iii) support via a Guarantee from the European Investment Fund, and

(iv) customer loan repayments.

The latest figures to hand, covering 1 October 2012 to 31 March 2016, show that Microfinance Ireland approved €13,083,000 in loans to Irish micro-enterprises, of which €11,074,000 were drawn down over the same period, and this is estimated to have created and/or maintained a total of some 2000 jobs over that period.

During 2015, in line with the Microenterprise Loan Fund Act 2012, I had the performance of Microfinance Ireland reviewed in detail, and the implementation of changes led to better performance, flexibility and advertising of its products. A key change was the removal of a previous requirement for a micro-enterprise to have been refused a bank loan before recourse to this channel.

The current Board of Microfinance Ireland continues to monitor the risk appetite of the organisation in relation to the level of loan defaults. My Department is represented on that Board and, overall, I am satisfied with the level of engagement and performance of the Fund to date.

IDA Ireland Site Visits

Ceisteanna (132)

James Lawless

Ceist:

132. Deputy James Lawless asked the Minister for Jobs, Enterprise and Innovation the number of visits by IDA Ireland to County Kildare in each of the years 2011 to 2015 and in 2016 to date, in tabular form. [8132/16]

Amharc ar fhreagra

Freagraí scríofa

There were 13 IDA Ireland-sponsored site visits to County Kildare from 2011 to 2015 inclusive. A breakdown of these figures is in the following table. There were five site visits to the county in the first quarter of 2016.

It is important to note that the number of site visits does not accurately reflect the level of Foreign Direct Investment (FDI) activity in a region or county as approximately 70% of all FDI investment won by IDA Ireland comes from its existing client base, rather than new companies.

IDA Ireland Site Visits to Co. Kildare 2011-2015

Year

Site Visits

2011

3

2012

1

2013

1

2014

1

2015

7

Employment Rights

Ceisteanna (133)

Jack Chambers

Ceist:

133. Deputy Jack Chambers asked the Minister for Jobs, Enterprise and Innovation his views on families who employ au pairs, following a recent ruling by the Workplace Relations Commission; if he will address concerns raised by families who have indicated that they will be no longer able to afford to employ au pairs; if he will a establish a cultural exchange programme to au pairs operating here, as is in place in other European countries; and if he will make a statement on the matter. [8232/16]

Amharc ar fhreagra

Freagraí scríofa

There is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage. As the question refers to employing au pairs, such employees will by definition have employment rights.

The recent WRC decision does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law.

All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.

In relation to public awareness, the WRC maintains a high profile as the State body primarily responsible for information and compliance on employment rights in a number of ways. All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. To ensure that awareness of these obligations is maintained, the WRC collaborates with key partners including civil society organisations, the trade union movement, employer organisations and other State bodies. WRC publications are widely distributed through the offices of community organisations, NGOs and Citizen Information Offices. The WRC also participates in conferences and events and makes presentations not only to employer and employee groups but also to community and educational groups.

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