Written Answers Nos. 415-428
415. Deputy Marie Sherlock asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation to provide a list of all State agencies within his Department that allocate programme and project funding to section 39, section 56 and section 10 organisations; and if he will make a statement on the matter. [14396/26]
Amharc ar fhreagraThe PEACEPLUS programme (2021-27) supports projects promoting peace and prosperity in the border regions of Ireland and Northern Ireland. PEACEPLUS is managed by the Special EU Programmes Body (SEUPB), a cross-border agency which is jointly sponsored by my Department and the Department of Finance in Northern Ireland. Four of the PEACEPLUS investment areas relate to children and young people and health, and the funded projects may include partners from section 39 and section 56 organisations.
There are no other bodies under the aegis of my Department that allocate programme and project funding to section 39, section 56 and section 10 organisations.
416. Deputy Marie Sherlock asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the State agencies within his Department that have made provision for the pension auto enrolment payment as part of their allocation to funded organisations; and if he will make a statement on the matter. [14414/26]
Amharc ar fhreagraI wish to advise the Deputy that five of the six bodies under the aegis of my Department are Civil Service Offices, which are staffed by civil servants that are already covered by pension schemes, such as the Single Pension Scheme or the Civil Service pre-existing pension schemes. These are the Office of Public Works, the National Shared Services Office, the Public Appointments Service, the Office of the Ombudsman and the State Laboratory.
The sixth body is the Office of the Regulator of the National Lottery (ORNL) which is funded directly through a levy payable by the operator of the National Lottery and not through the Department. All employees of the ORNL are members of a pension scheme.
The position with regard to organisations that are grant funded by the Department is as follows:
• Transparency International Ireland (TII) receives grant funding from my Department to support the Department’s role in the implementation of the Protected Disclosures Act. The 2026 funding agreement with TII includes a clause that requires that each quarterly request for payment should include a statement of compliance with any legislative obligations regarding pensions.
• The position in respect of the Economic and Social Research Institute (ESRI) and the Institute of Public Administration (IPA) is as follows:
- Staff of the ESRI are either members of existing ESRI pension schemes or are ‘new joiners’ to the public service, since 2013, and are being enrolled in the Single Public Service Pension Scheme.
- IPA staff are covered by existing pension schemes - the Institute of Public Administration Superannuation (Consolidation) Scheme 2010 and the Single Public Service Pension Scheme.
• The Special EU Programmes Body (SEUPB) is a North South Implementation Body. My Department is joint sponsor for the SEUPB along with the Department of Finance in Northern Ireland. As a North South Implementation Body, the SEUPB operates under the policy direction of the North South Ministerial Council (NSMC) which I jointly sponsor with Minister for Finance Northern Ireland. The staff of the SEUPB are members of the North South Pension Scheme.
417. Deputy Seán Crowe asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he is aware of recent flooding at the confluence of a culvert which runs through an area (details supplied), Dublin which severely affected a residential area; to report on how the flood alleviation scheme will mitigate future flooding at this site; if the area was previously within the scope of the scheme; the finding of any review that has taken place into the specific causes of the flooding; and if he will make a statement on the matter. [14442/26]
Amharc ar fhreagraOPW in conjunction with Dublin City Council and Dun Laoghaire Rathdown County Council are currently progressing the Dodder Phase 3 Flood Relief Scheme. The scheme area covers the River Dodder from upstream of Clonskeagh Bridge to the area where the Little Dargle Stream discharges into the River Dodder. This is in the area of the junction of Riverside Drive and Braemor Road in Rathfarnham.
The scheme's area includes those areas where there was direct hydraulic interaction with the River Dodder. The remaining area of the River Dargle fell outside the scope of the Dodder Phase 3 Flood Relief Scheme, including the culverted section of the River Dargle from Nutgrove Avenue.
Localised flooding issues are a matter, in the first instance, for each Local Authority to investigate and address, and a Local Authority may carry out flood mitigation works using its own resources. It is open for the Local Authority to apply to the OPW’s Minor Flood Mitigation Works and Coastal Protection Scheme to address this flooding issue. This scheme was introduced by the OPW on an administrative, non-statutory basis in 2009. The purpose of the scheme 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 criteria for the Minor Flood Mitigation Works and Coastal Protection Scheme are currently under review, and any application under the scheme will be considered against revised criteria. The OPW expect to advise Local Authorities of the revised criteria for the Scheme shortly. Since 2009, the OPW has approved funding under the Minor Flood Mitigation Works and Coastal Protection Scheme of some €760,000 to Dublin City Council for 4 projects, some €727,000 to Dun Laoghaire Rathdown County Council for 8 projects and some €734,000 to South Dublin County Council for 4 projects.
418. Deputy Carol Nolan asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation further to Parliamentary Question No’s 412 and 413 of 4 February 2026, the overall number of applications for abatement; the circumstances in which abatement waivers were granted; and if he will make a statement on the matter. [14471/26]
Amharc ar fhreagraThe abatement of public service pensions is provided for in Section 52 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 – the "Single Scheme Act", however the principle of abatement is longstanding and dates back to the Superannuation Act, 1834. In the context of public service pensions, abatement is the suspension or reduction in an individual’s public service pension(s) where that individual is re-employed in the public service. It is the pension which is abated and not the remuneration in the new employment.
Abatement policy is a key component of public service pension policy and addresses valid concerns about simultaneous payment of both pension and salary in the public service. It should be noted that it is the pension which is abated and not the salary in the new position.
Section 52(4) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, ("the 2012 Act") provides for discretion by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation to grant a waiver in any particular case, including a case involving a class of person or persons, if the Minister is satisfied that –
a. persons with particular training and experience are required for particular work in the public service body concerned,
b. the public service pensioner has that training and experience, is being employed for that work and is otherwise suitable for employment in all respects, and
c. it is not practicable to meet that requirement otherwise than by the employment of the pensioner.
It is my understanding that the first half of the Deputy's question refers to the number of applications for waivers of abatement received by my Department. Since the commencement of Section 52 of the 2012 Act, this Department has received 31 complete waiver applications in respect of individuals.
Each waiver application is assessed on its merits. Waivers are granted in circumstances where all 3 of the criteria set out in Section 52(4) of the 2012 Act are met.
419. Deputy Barry Heneghan asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation for an update on the reinstatement of the external wrought iron gates at the Merrion Street and Kildare Street entrances to Leinster House and at the Merrion Street entrance to Government Buildings; to provide an update on the projected timeframe for reinstatement in each case; to provide detailed costings on all associated works and related costs to date, and any further projected costs in each case; and to indicate whether these costs can be recouped from any third party; and if he will make a statement on the matter. [14736/26]
Amharc ar fhreagraThe Office of Public Works (OPW) has responsibility for the conservation and maintenance of the Houses of the Oireachtas and Government Buildings.
In February 2023, as part of the planned restoration works at Leinster House, the historic gates to the Kildare Street entrances to Leinster House were removed for repair and conservation. The gates were replaced with temporary installations. Costs incurred for the fabrication of temporary gates, removal of the historic gates, replacement with temporary gates and electrical work was €27,900.00 (ex VAT).
On 2 August 2024, the OPW was notified that a vehicle had made contact with the gates at the Merrion Street entrance to Leinster House and at the Merrion Street entrance to Government Buildings. The damaged gates, which could not be repaired on site, were removed for surveying and conservation repairs. These were replaced with modern, temporary gates and remain in situ. The costs for the fabrication of temporary gates, removal of the historic gates, replacement with temporary gates and electrical work was €39,228 (ex VAT). It is not anticipated that the costs related to this incident will be recouped from any third party.
The OPW has undertaken an assessment of all of these gates and the repair and conservation of these gates has been included in the 2026 works programme. For commercially sensitive reasons, it is not possible, at this stage, to provide an overview of the projected costs.
420. Deputy John Brady asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the predicted construction cost for the National Children’s Science Centre project; the costs that have been incurred to date; and if he will make a statement on the matter. [14737/26]
Amharc ar fhreagra421. Deputy John Brady asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if a cost-benefit analysis has been conducted on the proposed National Children’s Science Centre project; if an updated business case has been reviewed by his Department; and if he will make a statement on the matter. [14738/26]
Amharc ar fhreagra422. Deputy John Brady asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the 2029 construction deadline for the National Children’s Science Centre, as set out in the latest arbitration ruling, will be met; what steps he is taking to progress the project; and if he will make a statement on the matter. [14739/26]
Amharc ar fhreagraI propose to take Questions Nos. 420 to 422, inclusive, together.
As part of the arbitration between Irish Children's Museum Limited (ICML) and the Commissioners of Public Works in Ireland (Office of Public Works), a Final Award was issued to both parties in mid-December 2025.
Among the terms of the Final Award, it is set out that the Office of Public Works shall carry out and complete all of the Landlord’s (OPW) Works consistent with the Irish Children's Museum Limited's objectives of operating a national interactive science museum for children in accordance with a prior Agreement for Lease between ICML and the Office of Public Works. Such works shall be carried out and completed on or before 25 December 2029, where such period includes the time needed for any tender processes and agreements with the appointed contractors and subcontractors. Preparation of the tender documentation will begin shortly.
Notwithstanding the obligations set out by the terms of the Final Award, a series of capital appraisal measures are required to comply with Infrastructure Guidelines, published by the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. These provide that an Approving Authority and Sponsoring Agency must oversee compliance with the Infrastructure Guidelines.
The Office of Public Works is the Contracting Authority for this project, with an Approving Authority, Sponsoring Agency and funding yet to be identified.
The estimated gross total project cost, as of 2024, to develop the National Children's Science Centre is €70m, inclusive of VAT.
The total expenditure and costs incurred to date, by the State, were set out by the Comptroller and Auditor General in Chapter 5 of his report on the accounts of the public services for 2024. This expenditure totalled €4,273,000 as at August 2025, and included contributions from other Departments and Agencies, including Department of Enterprise, Trade and Employment and Department of Culture, Communications and Sport.
See figure 5.4 at the link below from the 2024 Appropriations Accounts Chapter 5 Development of a proposed national science centre.
Since then, additional legal costs of €576,241 in settlement of a claim for legal fees by ICML have been notified by the State Claims Agency, as well as a final Arbitrator fee of €13,530. These legal costs will bring the total to €4,862,771, noting that additional costs in respect of the legal fees of the Office of Public Works are yet to be confirmed.
In the absence of an Approving Authority, a Sponsoring Agency and project funding, a Strategic Assessment and Preliminary Business Case for the project has not been conducted, nor reviewed.
As the Contracting Authority, the Office of Public Works does not have a role to review or approve Strategic Assessments or Business Cases in relation to this project.
423. Deputy Cian O'Callaghan asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the Mayne river in North Dublin is included in the Catchment Flood Risk Assessment and Management Programme; the plans in place for a flood relief scheme to protect local residents; and if he will make a statement on the matter. [14860/26]
Amharc ar fhreagra427. Deputy Cian O'Callaghan asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation further to Parliamentary Question No. 370 of 30 July 2020, to provide an update on the OPW's review of the Balgriffin Flood Relief Scheme referred to in parliamentary question; if the review has been completed; if so, if he will ensure it is made available to the public; and if he will make a statement on the matter. [15051/26]
Amharc ar fhreagraI propose to take Questions Nos. 423 and 427 together.
A review is being undertaken of the Community-Scale Flood Maps to reflect changes in the Mayne River catchment, in particular housing developments adjacent to the river which have altered the hydraulic conditions since the original Flood Maps were produced. A contract for the review is being progressed by an external consultant, and the hydraulic modelling that forms the basis of the flood maps is currently being finalised. Draft maps are due to be published for consultation this summer, on www.floodinfo.ie/map/floodmaps/, before the final maps are subsequently published. The outcome of the flood map review will inform the next steps to be taken.
424. Deputy Roderic O'Gorman asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether his Department has noticed a decrease in the number of contractor firms (engineers, architects, surveyors) bidding for public contracts in each of the years 2024, 2025 and to date in 2026; and if he will make a statement on the matter. [15030/26]
Amharc ar fhreagra425. Deputy Roderic O'Gorman asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether his Department is aware of contractor firms (engineers, architects, surveyors) capping the amount of public work they bid for; and if he will make a statement on the matter. [15031/26]
Amharc ar fhreagraI propose to take Questions Nos. 424 and 425 together.
There is no evidence of a decrease in the number of contractor firms (engineers, architects, surveyors) bidding for public contracts in each of the years 2024, 2025, and it is too early to draw conclusions from data for 2026. My Department is not aware of contractor firms capping the amount of public work they bid for.
However there are many reasons as to why individual firms choose to participate (or not) in the procurement process for a public contract. That participation may be tempered by such factors as workload, service requirements, liability, risk, competitive fee pressures, and the rigour of the public procurement environment.
My department is continually delivering reforms to promote participation in procurements associated with public works delivery, most recently through the Capital Works Management Framework (CWMF) with
• A dynamic and user centred new website, cwmf.gov.ie, better aligned to the needs of suppliers engaging with public works contracts
Inflation and associated cost-adjustment supports such as
• fee adjustment mechanisms that respond to inflationary pressures above a predefined threshold using specified Central Statistics Office (CSO) indices.
• access to live CSO indices relevant to contract management, and
• tools to help manage inflationary pressures.
Caps on overall liability exposure and guidance to contracting authorities on setting appropriate limits on liability and the period of liability imposed under contracts as well as flexible and proportionate advice on the levels and type of insurance that consultants and contractors are required to carry.
Updated guidance on the engagement of consultants was also published in 2025. The guidance brings clarity around the manner in which fees are to be sought for construction technical professionals, particularly in circumstances where the brief requirements may not be fully defined.
426. Deputy Roderic O'Gorman asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether his Department is examining the use of “last man standing” clauses and “1%” clauses in public contracts; and if any assessment been done regarding how these clauses in public contracts are a disincentive to contract firms (engineers, architects, surveyors) bidding for public contracts. [15032/26]
Amharc ar fhreagraThere are no “last man standing” clauses and “1%” clauses in public contracts.
It is not public contracts that allow for a ‘last man standing’ approach but rather the absence of a provision in a contract to prevent the application of the Civil Liability Act.
A Net Contribution Clause (NCC) is a clause agreed in a contract between parties which, in the case of wrongdoing, limits the liability to that share of any total liability for the same damage for which the party itself is responsible.
Multi-party disputes are common in the construction industry given the number of different parties engaged on a project. The Civil Liability Act 1961 provides that where two or more defendants are concurrent wrongdoers, they are fully liable for the damage suffered by the plaintiff.
This means that in the event that one or more of the defendants are found liable by the court and one or more of the defendants is unable to meet the judgment against it for its portion of the damages caused, the other defendants, i.e. those that are joined in any action, will be liable for the full amount and not just their own respective portion.
NCCs are commonly requested by designers in their professional appointments and collateral warranties with clients in order to overcome the provisions of the Civil Liability Act 1961, set out above.
My Department has taken a number of measures to address the concerns of the industry with respect to excessive liability being placed on them through public contracts. These include:
• The introduction of liability caps into consultancy and works contracts which gives certainty as the extent of liability a party engaged by the state on a consultancy or construction contract is expected to bear.
• Guidance has been published for contracting authorities on what are appropriate levels of liability to apply in contracts and proportionate levels of insurance to seek.
• Provisions have also been included to address situations where a consultant or contractor (operating under an existing contract) can only obtain a level of insurance cover that is lower than is contractually obliged.
The measures focussed on ensuring that otherwise capable and competent consultants and contractors are not excluded from procurement competitions as a result of the reduced level of professional indemnity insurance cover that is available in the market.
As part of the consultation under by my Department, industry stakeholders and insurers were advised that it would not be recommending the introduction of net contribution clauses into the consultancy and public works contracts for the following reasons:
• It was felt that the measures introduced in 2022 and in particular the introduction of limits on liability went a significant distance towards improving the risk position in public consultancy and construction contracts.
• It would not be appropriate for one arm of the state to seek to counter the prevailing public policy under the Civil Liability Act by including provisions in standard form template contracts to limit its impact.
• All of the members of the project team engaged by the public sector undergo a pre-qualification process where their financial capacity is considered under a range of different sub-criteria which include their capacity to obtain insurances at specified levels. The technical capability criteria also investigate the prospective project member’s track record in delivery. As a result there is a reasonably high level of confidence in the capacity of the tendering field to deliver a project.
• The conditions of contract governing the engagement of consultants and contractors published under the Capital Works Management Framework all include obligations on the executing parties to maintain insurances at the specified levels for the duration of the contract.
• Where correctly implemented, a robust inspection regime for project team members and assigned certifiers engaged on public works projects, combined with the provisions set out in Clause 8 Quality, Testing and Defects of the public works contracts should ensure that the risk of claims on insurance is mitigated to the greatest degree possible.
• Where issues of negligence do arise, taxpayers would expect that the state should be in a position to recover losses where there is insurance available.
There are many reasons as to why firms choose to participate (or not) in a public contract, it may depend on the specialist area, the size, scope and timing of the service requirement or indeed the level of work and the liabilities that they have already on their books.
My department has taken significant steps in striking a fair risk balance in public contracts as outlined above. Further procurement reforms have been identified in the Accelerating Infrastructure Report and Action Plan which are due to be implemented this year which are aimed at facilitating greater participation in public works projects and instil greater confidence in the pipeline of projects that will be tendered in the coming years.
428. Deputy Malcolm Byrne asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the way in which his Department has ensured that the increase of over 50% in civil service numbers in the period 2015 to 2024 has resulted in a concomitant increase in productivity and delivery of public services; and if he will make a statement on the matter. [15121/26]
Amharc ar fhreagraThe delivery of public services is an essential focus for my Department and indeed all of Government. The Government continues to make record levels of public investment to ensure the delivery of high quality public services. This includes increases in staff numbers across the civil and public services.
Civil service staffing levels are largely managed through a policy of delegated sanction. This was introduced in 2015 in order to provide Offices and Departments with flexibility to manage identified business needs subject to remaining within overall pay ceilings, which are agreed as part of the budget and Estimates process.
Delegated sanction allows Departments to fill vacancies through recruitment and/or promotion in specified, designated grades up to and including Principal Officer (PO) standard or their equivalent. The policy was revised in October 2024 to extend to previously sanctioned posts at grades at Principal Officer higher level, and equivalent grades, and Assistant Secretary level, subject to there being no change to the job specification and/or the terms and conditions attaching to the vacant post being filled. New posts at these levels and changes to the job specification and/or terms and conditions of previously sanctioned posts, continue to require the prior, explicit consent of the Department of Public Expenditure, NDP Delivery and Reform.
Delegated sanction is subject to the overall pay bill ceiling as agreed as part of the annual Estimates and Budget process and as set out in the Revised Estimates Volume (REV). Projected staffing numbers and composition should fall within the parameters of the Department’s pay bill. Failure to remain within a given Exchequer pay bill allocation may result in the withdrawal of delegated sanction.
Under Section 3 of the Public Service Management Act 1997, Ministers are responsible for the performance of functions assigned to their Departments. Section 4 of the Act also provides that the Secretary General of each Department shall, subject to the policy direction of the Minister, manage the Department and deliver outputs as agreed with the Minister.
Programme budgeting organises public expenditure around each Department’s High Level Strategic Goals to show the connection between expenditure and resources, outputs and outcomes. This approach has been developed and revised over the course of the last 15 years. Performance information is also published in the Revised Estimates for Public Services (REV) and the Public Service Performance Report (PSPR). The selection of performance information is a matter for Accounting Officers and their departments. Each Department and Office chooses metrics to reflect the policy goals of programmes and does so as part of ensuring value for money and understanding the outcomes of public funding. This process provides additional valuable information to supplement Departmental strategies, business plans and other reporting.
The PSPR compiles the information of the individual Departments and provides a review of the delivery of public services against the commitments set by the various Departments and Offices in the REV for a given year.
