Here is my Adjourned Motion from last months (April) MD meeting;
‘That the council clarify what steps it has taken to ensure that the conditions that existed at the time public monies were allegedly stolen from an Approved Housing Body in the district no longer exist before distributing further public monies from the €86 million allocated to Kildare County Council to deliver social housing including; the number of signatures required for cheques then and now; the financial/auditing expertise on the board then and now; the frequency and detail of financial reporting from the Approved Housing Body to the council; which policies/protocols of the Approved Housing Body in question have been changed to safeguard against theft/fraud in the future; what account has the then Chair been asked to give in relation to the board’s failure to safeguard against theft/fraud.

Here is the Report Issued by: Mr T McDonnell, Director of Service Housing and Corporate Services: The role of Kildare County Council in relation to Approved Housing Bodies (AHB) is to (a) ensure Approved Housing Bodies compliance with funding schemes, (b) enter into new Payment and Availability agreements, Capital Advance and Leasing facility agreements and provide funding under the Capital Assistance Scheme (c) enforce the conditions of mortgage agreements (d) ensure Approved Housing Bodies compliance with tenant nomination policies.

It is the responsibility of the Regulation Office to regulate the operation of Approved Housing Bodies by monitoring compliance with the standards laid down in the Voluntary Regulatory Code-‘Building for the Future, A Voluntary Regulatory Code for Approved Housing Bodies in Ireland’ (VRC). Approved Housing Bodies are required to complete an annual regulatory return, reporting on six aspects of their organisation, this includes governance and finance (Tier 1 AHBs).

In order to qualify for new funding provided for by Rebuilding Ireland, it is a requirement that Approved Housing Bodies are signed up to the VRC. Kildare County Council requires Approved Housing Bodies and housing associations who have availed of funding under the Capital Assistance Scheme, Capital Assistance Scheme and Capital Loan and Subsidy Scheme to complete an annual compliance return, this return consists of information relating to (a) contact details (b) details of directors (c) insurance details (d) rent calculations (e) financial statements (f) maintenance allowance (g) occupancy statements and void rates.

To date the housing association in question has achieved compliance with the annual compliance process.
It is not within the remit of Kildare County Council to carry out the type of investigation outlined in the motion.

Link below to Part 8 Report – Proposed Development of a new Machinery Yard and Regional Salt Barn.

Part 8 – Planning Report

The Community Enhancement Programme (CEP) provides funding to communities across Ireland to enhance facilities in disadvantaged areas or targeting disadvantaged groups. It provides funding to address disadvantage as identified in the Kildare Local Economic and Community Plan (LECP).

Click on link for more details FINAL CEP GUIDELINES 2019 (1)

Kildare Wicklow Education and Training Board (KWETB)

Elected Members nominated to Other Body

Cllr Aoife Breslin

Cllr Réada Cronin

Cllr Daragh Fitzpatrick

Cllr Fiona McLoughlin Healy

Cllr Teresa Murray

Cllr Naoise Ó Cearuíl

Cllr Brendan Weld

Date of elected members nomination to Other Body

June 2014

Directorate to which Other Body is aligned

Department of Education and Skills

Remit of Other Body

Kildare and Wicklow Education and Training Board was established in 2013 under the provisions of the Education and Training Board Act. Its primary function under this Act is the better co-ordination and delivery of education and training in the counties of Kildare and Wicklow. Equally and of no less importance is the regulation of that co-ordination and delivery in line with the statutory requirements of Government, in particular the Department of Education and Skills, SOLAS and the Department of Public Expenditure and Reform. The ETB Act 2013.

In 2015 KWETB was in receipt of €111,265,946. In 2016 and 2017 the allocation to KWETB grew to €115,391,644 and €130,008,773 respectively. In 2018 the total budget was €135,187,357. Almost 70% is allocated to salaries, with KWETB employing 2,572 staff, the majority of whom are teachers, tutors and support persons to KWETB services and schools. There are 12,453 primary/post – primary students and circa 10,000 learners in Further Education and Training. KWETB has 25 Schools – primary, post–primary and one Institute of Further Education. Further Education and Training is delivered in 25 Centres and through various Contracted Training programmes including Apprenticeships. KWETB is responsible for the provision of Youth Services and Social Inclusion projects in both counties, in addition to supporting many other initiatives and services, for example, Music Generation, School Completion and Outdoor Education. The Capital Programme in 2015 was in excess of €14.2 million and in 2018 this has increased to €15.7 million.

Any additional information

KWETB is the subject of following investigations:

1. C&AG (Triggered by breach of procurement guidelines and failures of declarations of interest by former CE Seán Ashe.)

2. Dept of Education & Skills

3. Garda Economic Crime Bureau – still ongoing.

4. Further Garda Investigation ongoing regarding matters arising from extension

5. Issues arising at St Conleth’s school extension triggered a separate Garda investigation

The KWETB has also had to attend Public Accounts Committee on two occasions this term, firstly in November 2017 and again in February 2019 following the publication of C&AG report into the 2015 accounts. (Report Attd)

https://www.audit.gov.ie/en/Find-Report/Publications/2019/Supplementary-ReportKWETB-Financial-Statements-2015.pdf

Key Conclusions from C&AG’s report of the 2015 accounts

KWETB did not actively pursue non-submission of declarations, nor did it critically review the content of declarations. The Board did not effectively challenge the executive during the period under review.

Timeline

13th July 2017 C&AG contacts the then Chair of the Board Cllr Jim Ruttle and ViceChair Cllr Brendan Weld and Chair of the Audit Committee Tony Lenehan regarding audit concerns.

July 2017 The then chairs engaged legal advice regarding the C&AG’s concerns. They were informed by the legal advisers of the requirement under section 4.5 of the Code that they consult with the Board in order to engage legal advice in the first place. They were advised to inform the Board of the C&AGs concerns and to conduct an investigation and an employment investigation with the purpose of seeking to suspend the then CE.

Between July 2017 and Sept 2017 The Chairs were given the same or similar advice on at least five documented occasions strongly reiterating the advice.

September 2017 the Board were informed that the C&AG had concerns arising from his Audit. The advice from the legal advisers to suspend the then CE, pending an employment investigation was not provided to the Board.

October 2017 Then CE Sean Ashe announced he would be retiring in December 2017

November 2017 Chair Cllr Jim Ruttle, and Vice-chair Cllr Brenda Weld resigned their positions as Chair and vice-chair but retained their positions on the Board

December 2017 Sean Ashe retired

December 2017 The Board withheld approval when asked by the executive of the KWETB to approve payment of the €83,000 bill for legal advice engaged by the Chairs on the grounds that; the Board was not consulted before the legal advisers were engaged, and the Board had not been given access to the legal advice for which they were being asked to pay.

January 2018 the current Chair Noel Merrick informed the Board that the then acting CE Rory O’Toole had issued an instruction to pay the bill

March 2018 the Board resolved to set up a sub-committee to review the circumstances surrounding the engagement of the legal advisers and around the discharge of their fee.

March 2018 the sub-committee through the new legal advisor Michael Lanigan were provided with a copy legal advice

May 2018 The sub-committee reviewing the engagement of the legal advisers and the payment of the €83,000 reported that the former Chair and Vice Chair had sough legal advice, on behalf of the board, but without their knowledge and this advice was not furnished to the Board until such time as the appropriate period for the Board to act on such advice had lapsed.

September 2018 Board was informed that Chair of Audit Committee was to resign by the end of September 2018

September 2018 The Board resolved that the former Chair Cllr Ruttle, vice-chair Cllr Weld and former Chair of the Audit Committee Tony Lenehan explain why they had conducted themselves as outlined around the legal advice. The Board is still awaiting this explanation.

My second question at today’s Municipal District meeting, ‘Can the council provide a list of the top 10 earning contractors (accumulated) across each Directorate in the municipal district together with an explanation of how the opening and tender evaluation panels are selected and a reassurance that the council has adhered to national procurement policy in the selection of these panels?

Here is the report issued by Mr T McDonnell, Director of Services, Housing and Corporate Services : ‘Kildare County Council does not differentiate by Municipal District the payments made to contractors. Under the Public Service Reform Plan and in compliance with departmental circular Fin07/2012, on a quarterly basis each payment over €20k is listed on the Council’s website at http://kildare.ie/CountyCouncil/Finance/AccountsPayable/PurchaseOrdersover20000/.

These details remain on the website for approximately 12 months.

An abbreviated version of the Kildare County Council procurement procedure (last updated in 2018) is available on the Council website at http://www.kildare.ie/CountyCouncil/Procurement/ and was prepared in accordance with Government guidelines. This guidance includes details of opening, examination and evaluation of tenders, including the criteria used in determining the selection of the panel.

My first question at today’s Municipal District meeting, ‘Can the council detail the action it took to reassure itself as to the governance of the Arts Centre after; a discrepancy of €63,000 was discovered between a loan recorded in the Arts Centre accounts as a loan from the council which did not appear in the council’s accounts; and concerns regarding conflicts of interest were raised in the awarding of contracts by the Arts Centre?

Here is the report issued by: Ms S Kavanagh, Director of Services, Economic Community & Cultural Development : As the members will be aware Riverbank Arts Centre CLG is overseen by a Board of Management. Funding provided to Riverbank is provided on the basis of a funding agreement. Kildare County Council is satisfied, as a funding partner that this funding helps to provide an excellent service to the people of Kildare. Furthermore, I wish to confirm that an audited set of accounts is provided to Kildare County Council on an annual basis and any and all payments are subject to Kildare County Council being in receipt of a valid Tax Clearance Certificate.

In relation to the 2 specific questions that have been raised by Councillor McLoughlin Healy the following responses from the Board have issued previously;

In January 2019 the Board of Riverbank Arts Centre CLG responded as follows; Report from the Board of Riverbank Arts Centre CLG:

In relation to the €64,000, as noted by our accountants, an error was inadvertently made in the accounts. To correct this, the money will be written off against reserves and will not appear in Riverbank Arts Centre’s 2018 accounts. In March 2018 the Board of Riverbank Arts Centre CLG responded as follows; In relation to the particular concerns highlighted by a constituent; the Board has advised me that they have yet to appoint an Architect and therefore no one has, as yet, been contracted to do this work. In relation to recruitment it is the policy and practice of Riverbank Arts Centre to advertise vacancies to ensure the maximum number of suitable candidates apply for positions. If the concerns relate to a particular competition then perhaps the details could be provided so that the Board can provide a more specific response. The Board have also stated that they would welcome any constituent to come to Riverbank to discuss any concerns they may have.

In conclusion, can I summarise the above by saying that the Board of Riverbank Arts Centre CLG has responded to the questions asked. The Board is the body who govern this company. Kildare County Council provides funding to this company in accordance with a Funding Agreement. I am satisfied that the terms of the Funding Agreement have been adhered to.

My second motion at today’s Municipal District meeting, ‘That where it has not executed its oversight function over organisations it funds in the municipal district (and county) the council now ask that they provide an annual report of their use and governance of public monies and they be uploaded onto the council’s website for public access.

Here is the report issued by Mr T McDonnell, Director of Services, Housing and Corporate Services : ‘It is extremely difficult to respond to a hypothetical question such as this. Different funding streams and different levels of funding require different funding arrangements, oversight and governance. The council cannot commit to an action without understanding fully what the context is.

My first motion at today’s Municipal District meeting, ‘That the council provide an update and identify which estates and when are to benefit from traffic calming solutions around the district.

Here is the report issued by Ms E Wright, Senior Executive Officer, Roads, Transportation and Public Safety Section. There is no available list, each estate is taken on its merit, assessed, and if required then a suitable design may carried out strictly subject to funding and staffing resources. The issue of traffic calming in housing estates is being examined by the Department of Transport’s Support Unit, based at Kildare National Roads Office.
Research is currently underway with a view to developing national guidelines on traffic calming in housing estates and best practice. A timeline for the publication of the work of the Support Unit is not available at this time.

Link below to presentation from the National Transport Authority;

NTA Kildare County Council March 2019

My second motion at March (20th) Municipal District meeting; ‘Given the success of the new Skatepark in Newbridge that the council provide; seating for parents who have no option at the moment but to stand for long periods while supervising young children; replace the bins that were removed when redesigning the park; the CCTV envisaged for the park.

Here is the report issued by: Mr S Wallace, Senior Executive Parks Superintendent, Economic Community and Cultural Development Park: ‘Arrangements will be made to install seating for parents. One bin was removed close to the Moorefield Park as there were two bins at this location. This was relocated to beside the skatepark. The installation of CCTV will be progressed over the summer.