Written answers

Wednesday, 25 June 2014

Department of Environment, Community and Local Government

Local and Community Development Programme Planning

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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107. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the chaos surrounding the rolling out of the social inclusion and community activation programme; if he has received reports of the insufficient information supplied to voluntary and community organisations currently delivering local community development programmes; if he understands that this process and the uncertainty generated thereby are causing grave damage to local and community development across the country; the steps he will take to rectify the situation; if he will reconsider his decision to tender the programme; and if he will make a statement on the matter. [27477/14]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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112. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the chaos surrounding the rolling out of the social inclusion and community activation programme; if he has received reports of the insufficient information supplied to voluntary and community organisations currently delivering local community development programmes; his views that this process and the uncertainty generated thereby are causing grave damage to local and community development across the country; the steps he will take to rectify the situation; if he will reconsider his decision to tender the programme; and if he will make a statement on the matter. [27492/14]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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116. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the chaos surrounding the rolling out of the social inclusion and community activation programme; if he has received reports of the insufficient information supplied to voluntary and community organisations currently delivering local community development programmes; his views that this process and the uncertainty generated thereby are causing grave damage to local and community development across the country; the steps he will take to rectify the situation; if he will reconsider his decision to tender the programme; and if he will make a statement on the matter. [27496/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 107, 112 and 116 together.

The Local Community Development Committees (LCDCs) currently being established in all local authority areas will develop, co-ordinate and implement a more coherent and integrated approach to local and community development than heretofore, with the aim of reducing duplication and overlap and optimising the use of available resources for the benefit of citizens and communities. My Department’s Local and Community Development Programme is the largest social inclusion intervention of its kind in the State. The current Programme having officially ended at the end of 2013 is being implemented by the Local Development Companies (LDCs) on a transitional basis for 2014 pending the roll out of the new Social Inclusion and Community Activation Programme (SICAP) in January 2015.

SICAP is one of my key priorities and in accordance with the Public Spending Code, best practice internationally, legal advice and in order to ensure the optimum delivery of services to clients, the Programme will be subject to a public procurement process, which is currently underway. My Department has already been involved in a high level of engagement with the Irish Local Development Network (ILDN) and other key stakeholders in relation to the new Programme. A number of consultation events were held, and an on-line survey was conducted to give all interested parties an opportunity to input to the new Programme framework.

I am satisfied that the procurement process underway is in line with best practice and that the procurement documentation on e-Tenders contains all the relevant information on the process. I look forward to the outcome of the process and the roll out of SICAP in January 2015.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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108. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the fact that the directive he cites, 2004/18/EU, to justify the tendering of the social inclusion and community activation programme was repealed before the notice of the tender was issued; if the tendering of the programme still has a safe legal basis; if he will outline the nature of that legal basis; in view of this legal uncertainty if he will abandon the tendering process; and if he will make a statement on the matter. [27478/14]

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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109. To ask the Minister for Environment, Community and Local Government in respect of the tendering of the social inclusion and community activation programme, if he has read European Directive 2014/24/EU; if his attention has been drawn to the fact that it is now the current law on public procurement in Ireland; if he has read preamble seven which sets down that the directive is without prejudice to the freedom of member national, regional and local authorities to provide, commission and finance services that pursue public policy objectives and which specifies that the directive does not apply to systems of grant aid in particular in the social field; if he has read preamble 114 which sets down that member states and public authorities remain free to organise social services in a way that does not entail the conclusion of public contracts; if he has contrasted these preambles with his earlier statements to Dáil Éireann that he was legally obliged to tender the programme; in view of current European law if he will abandon the tendering of the social inclusion and activation programme; and if he will make a statement on the matter. [27479/14]

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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110. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the fact that Ireland is the only country in the European Union which has put its national local community development programme or analogous programme out to public tender; the reason this is necessary in Ireland but not in any other member state; if he asked for or commissioned any advice, impact statement or study on the consequences of such a decision; if he will make any such papers available to the Houses of the Oireachtas; and if he will make a statement on the matter. [27480/14]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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113. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the fact that the directive he cites, 2004/18/EU, to justify the tendering of the social inclusion and community activation programme, was repealed before the notice of the tender was issued; if the tendering of the programme still has any safe legal basis; the nature of that legal basis; if he will in view of this legal uncertainty abandon the tendering process; and if he will make a statement on the matter. [27493/14]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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114. To ask the Minister for Environment, Community and Local Government in respect of the tendering of the social inclusion and community activation programme, has he read European Directive 2014/24/EU; if his attention has been drawn to the fact that it is now the current law on public procurement in Ireland; if he has read preamble seven which sets down that the directive is without prejudice to the freedom of member national, regional and local authorities to provide, commission and finance services that pursue public policy objectives and which specifies that the directive does not apply to systems of grant aid in particular in the social field; if he has read preamble 114 which sets down that member states and public authorities remain free to organise social services in a way that does not entail the conclusion of public contracts; if he has contrasted these preambles with his earlier statements to Dáil Éireann that he was legally obliged to tender the programme; if he will in view of current European law abandon the tendering of the social inclusion and activation programme; and if he will make a statement on the matter. [27494/14]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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115. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the fact that Ireland is the only country in the European Union which has put its national local community development programme or analogous programme out to public tender; the reason this is necessary in Ireland but not in any other member state; if he asked for or commissioned any advice, impact statement or study on the consequences of such a decision; if he will make any such papers available to Dáil Éireann; and if he will make a statement on the matter. [27495/14]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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117. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the directive he cites, 2004/18/EU, to justify the tendering of the social inclusion and community activation programme which was repealed before the notice of the tender was issued; if the tendering of the programme still has any safe legal basis; the nature of that legal basis; if he will in view of this legal uncertainty abandon the tendering process; and if he will make a statement on the matter. [27497/14]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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118. To ask the Minister for Environment, Community and Local Government if his attention has been drawn to the fact that Ireland is the only country in the European Union which has put its national local community development programme or analogous programme out to public tender; the reason this is necessary in Ireland but not in any other member state; if he asked for or commissioned any advice, impact statement or study on the consequences of such a decision; if he will make any such papers available to Dáil Éireann; and if he will make a statement on the matter. [27498/14]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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119. To ask the Minister for Environment, Community and Local Government in respect of the tendering of the social inclusion and community activation programme, has he read European Directive 2014/24/EU; if his attention has been drawn to the fact that it is now the current law on public procurement in Ireland; if he has read preamble seven which sets down that the directive is without prejudice to the freedom of member national, regional and local authorities to provide, commission and finance services that pursue public policy objectives and which specifies that the directive does not apply to systems of grant aid in particular in the social field; if he has read preamble 114 which sets down that member states and public authorities remain free to organise social services in a way that does not entail the conclusion of public contracts; if he has contrasted these preambles with his earlier statements to Dáil Éireann that he was legally obliged to tender the programme; if he will in view of current European law abandon the tendering of the social inclusion and activation programme; and if he will make a statement on the matter. [27499/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 108 to 110, inclusive, 113 to 115, inclusive, and 117 to 119, inclusive, together.

The proposals outlined in Putting People First - Action Programme for Effective Local Governmentseek to position local government “as the primary vehicle of governance and public service at local level – leading economic, social and community development, delivering efficient and good value services, and representing citizens and local communities effectively and accountably”. As part of the programme of reform of local government, Local Community Development Committees (LCDCs) are being established in all local authority areas. These Committees, comprising public-private socio-economic interests, will have responsibility for local and community development programmes on an area basis, including the Social Inclusion and Community Activation Programme (SICAP). They will develop, co-ordinate and implement a more coherent and integrated approach to local and community development than heretofore, with the aim of reducing duplication and overlap and optimising the use of available resources for the benefit of citizens and communities.

My Department’s Local and Community Development Programme is the largest social inclusion intervention of its kind in the State. The current Programme officially ended at the end of 2013 having operated for four years with funding of €281m over that period. It is being implemented by the Local Development Companies (LDCs) on a transitional basis for 2014 with a budget of €47m pending the roll out of the new SICAP. In accordance with the Public Spending Code, best practice internationally, legal advice, and in order to ensure the optimum delivery of services to clients, the Programme is subject to a public procurement process, which is currently underway. My Department is obliged to adhere to the rules under Directive 2004/18/EC. Directive 2014/24/EU on public procurement comes into effect on 18th April 2016. I am satisfied that the process underway takes account of all recent developments in the law of procurement.

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