I apologise to Senator Dolan for the mishap yesterday. I wish to let her know we on the Seanad side have spoken to the Department of Health and expressed our disappointment at what happened yesterday.
Nithe i dtosach suíonna - Commencement Matters
Covid-19 Pandemic Supports
I thank the Cathaoirleach. I thank the Minister of State, Deputy Heydon. He is here on behalf of the Minister for Health, Deputy Stephen Donnelly. The Government made a decision in January 2022 to acknowledge the incredible work by healthcare staff during the Covid pandemic and the service given in a crisis to keep people safe. Staff went to work every day with patients sick from Covid-19. They faced more risk themselves, as did vulnerable members of their families when staff came home. The pandemic special recognition payment of €1,000 is welcome for healthcare employees and their families and is so well-deserved, especially in this time of rising costs.
Contract employees in catering and cleaning services worked alongside HSE staff in hospitals across the country. They worked as team. They provided essential services and infection control. They brought meals to patients in Covid-19 wards. However, almost a year and six months later, these contract employees have still not received payment. I raised this issue in the House in November last with a focus on eligibility for the payment. At that time the Minister of State, Deputy Butler, stated 124,000 eligible front-line HSE and section 38 healthcare workers had been paid and confirmed contract employees eligible under certain criteria were eligible for this payment. These contract employees, who are mainly women, from Portiuncula Hospital have come to me again to ask where their payment is. I ask the Minister of State where it is. Why are they and their families left waiting? These staff on lower incomes are still waiting for this acknowledgement from the Government, the Department of Health and the HSE. They work alongside their colleagues employed directly by the HSE in the same roles and doing the same work, and they see how all other groups have been paid in advance of them. HSE employees, nurses, doctors and health and social care professionals received this payment last year and it was well deserved, but why is this group left waiting?
KOSI manages the verification process on behalf of the HSE. It ensures eligibility and that everything is correct. That is great. My colleague Deputy Colm Burke, who is Fine Gael spokesperson on health, received a parliamentary question response on this issue noting KOSI is the group contracted to manage payments. Those eligible for the payment are divided into four cohorts. Payments have been completed to just 45% of cohort 3, which is agency and contractor roles working in the HSE. I understand this could be between 80,000 to 100,000 people across contractors, but what is the Department of Health going to do to accelerate payments to cleaners and caterers? It is not good enough these groups on low incomes are waiting a year and a half for recognition payments as a tribute to the risk they faced in difficult times. How is the Department engaging with KOSI on timelines and additional resources as required? Why are the contract agencies not prioritising correct employee information for KOSI, especially as they are still under contract and receiving payments for work completed now in the HSE and Department of Health? A number of submissions have been returned by KOSI to contract agencies and this is causing additional delays. How do we ensure information has been provided even now to contract employees by their agencies and by KOSI and the HSE on the timelines and reason for delays?
Employees are being left in the dark. There is to-ing and fro-ing between these agencies and KOSI, as eligibility is checked for thousands of employees. Payments to all in an agency are held if there is any discrepancy. Are there measures for phased payments to groups of individuals approved within each agency? This could ensure payments start issuing to approved batches of employees. It could speed this up. The group I spoke to at Portiuncula Hospital are proud of what they achieved, their engagement with patients and how they contributed to saving lives while working with colleagues in hospitals countrywide. It is important this invaluable team spirit in hospital environments across the country is not tarnished by further delays.
I thank Senator Dolan for raising an important issue. I acknowledge her passion for this and her frustration. I give apologies on behalf of the Minister, Deputy Donnelly, who could not be here today. The Senator clearly articulated the frustration among her constituents and the healthcare workers not just in her area, but also around the country, who are in cohort 3 and therefore impacted by this.
Last year, as the Senator knows, the Government announced a tax-free Covid-19 recognition payment for front-line healthcare workers to recognise their unique and exceptional role during the pandemic. Following extensive union consultation, eligibility guidelines were first published online by the HSE on 19 April 2022. The Government based its decision on the substantial risks eligible healthcare workers faced. To be eligible, healthcare workers employed by the HSE or section 38 organisation must have been in Covid vaccination cohorts 1 or 2 and worked ordinarily in a Covid-19 exposed healthcare environment for at least a four-week period between March and June 2020. In addition to HSE and section 38 staff, six specific cohorts are eligible, subject to all other criteria. These include private sector and independent nursing homes and hospices; eligible staff working on-site in section 39 long-term residential care facilities for people with disabilities; agency roles working in the HSE; health care support assistants, also known as home help, home care and home support, contracted to the HSE; members of the Defence Forces redeployed to work in front-line Covid-19 exposed environments in the HSE; and paramedic staff employed by Dublin Fire Brigade to deliver services on behalf of the HSE.
To date, more than 205,000 eligible healthcare workers have received the pandemic recognition payment. As of 5 May, HSE data show 142,918 staff were paid, made up of 90,228 HSE staff and an estimated 52,690 staff of section 38 organisations. Payment to staff in the HSE and section 38 organisations, who make up cohorts 1 and 2, is substantially complete. Appeals for these specific groups were referred to an agreed joint HSE management-union committee. More than 3,500 appeal outcomes are now complete.
The HSE and an external contractor, KOSI Corporation, continue significant efforts to progress payments to eligible employees outside the public sector, including contract and agency staff within cohort 3. Information on the process involved has now been provided to 849 organisations and, of these, 737 have applied for funding to make the recognition payment. A total of 674 organisations have already been paid or approved for payments to 64,174 eligible staff. Due to complexities associated with staff in cohort 3, contractors have more supporting evidence to compile and agencies have a large number of employees and employee locations to collate. These submissions are currently being managed through the KOSI Corporation process.
Approximately 90% of submissions received to date have included errors that required correction before payment. The potential cost to the State of overpayments is €3.77 million. More than 400 organisations have submitted more than one claim. As this is a self-assessment process, it is difficult to assess accurately how many eligible staff remain to be paid. KOSI Corporation continues to receive claim packs regularly.
It is important to acknowledge that there are individuals or groups of workers who worked tirelessly throughout the pandemic in very difficult circumstances but are not covered by these measures. The Government considered this matter carefully, listening to the views of stakeholders before reaching its decision on eligibility. It was difficult to draw a line on the matter, but the Government based its decision on the risks faced by eligible front-line healthcare workers.
We asked these workers to step up at the start of the Covid period. We asked them to do their jobs despite the risk of sickness and before they had the necessary personal protective equipment. We asked them to go into work morning after morning, as we all listened every evening to the news of rising case numbers. The people working in hospitals did not ask the Government to wait until we had all the information on symptoms or until there was a vaccine. They put the patients first and did what they did for them.
I appreciate the Minister of State's response. However, the payments to these groups must be accelerated. It is not clear from the response provided by the Department of Health what action is to be taken in this regard. There are ways to ensure there is equity and fairness in the process. Consideration could be given to processing batch payments to groups of employees that have been approved under the scheme, rather than leaving thousands of people waiting without any indication of a timeline for payment. When will those still waiting be paid? According to a response to a parliamentary question by Deputy Colm Burke, only 45% of staff in cohort 3 have received their payment to date.
I will take the valid points the Senator raised back to the Minister for Health, on whose behalf I am taking this Commencement matter, and his officials. The pandemic recognition payment scheme is in its final stages, with more than 205,000 eligible employees having now been paid. The payments to eligible workers in the HSE and section 38 organisations are substantially completed, as I have outlined, with more than 3,500 appeals also completed. The HSE and KOSI Corporation continue to process payment applications for eligible non-public sector employees as they are received. KOSI Corporation established a separate portal for employees who do not have an employer to claim payment on their behalf. Claim packs are still being received daily.
The pandemic recognition payment formed part of a larger set of measures introduced by the Government to acknowledge the hard work and challenges faced by Irish society during the Covid-19 pandemic. The measures included a once-off public holiday, which took place on 18 March 2022, followed by the institution of an ongoing annual public holiday on St. Brigid's Day.
I reiterate my sincere gratitude to the Senator for raising this matter. I will convey to the Minister the points she raised and her clearly articulated frustrations with the process.
According to the note in front of me, the Minister of State, Deputy Richmond, is to take the next Commencement matter. As he is not in the Chamber, we will move on to the third matter, which will be taken by the Minister of State, Deputy Heydon.
I am happy to engage with the Minister of State, Deputy Heydon, on the matter I am raising.
Without preparation, he may not be able to answer it. This is a decision for the Chair. According to the order set out for me, the second Commencement matter, in the name of Senator Boyhan, is to be taken by the Minister of State, Deputy Richmond. As the latter is not here, we will proceed to the third Commencement matter, in the name of Senator Ward, and I will make inquiries about whether Senator Boyhan's matter can be dealt with subsequently. Is that okay with the Senator?
Courts Service
Gabhaim buíochas leis an Aire Stáit as ucht teacht isteach sa Teach chun an cheist seo a fhreagairt. Last week, the Courts Bill 2023 was passed by the Oireachtas. Primary among its functions is to increase the number of judges in all courts, including the Court of Appeal, High Court, Circuit Court and District Court. It is a very welcome measure. As I have said on several occasions in this Chamber, we are lucky to have a functional justice system, including a criminal justice system, in this country. We have courts that work and judges who apply the rule of law and respect the individuals who are before them without fear of, or favour to, any person.
However, a criticism that consistently arises in regard to our Courts Service and court system is that there are delays in dealing with matters. As a criminal law practitioner, I know that if I ask for a trial date in the Circuit Court today, I will get one in the second half of 2025. Judges go out of their way to do what they can for people who are in custody, cases in which a child is involved or where there is anything else that would bring an urgency or priority to a case. That is as it should be and it is true in all courts. Notwithstanding that, there are still substantial delays in getting cases of all kinds dealt with in the courts. That is why the McManus report recommended an increase in the number of judges, by one in the Court of Appeal, three in the High Court, four in the Circuit Court and seven in the District Court. I am looking forward to those appointments being made in the coming weeks and months. The increase in numbers makes perfect sense.
However, as I have raised with the Ministers, Deputies Harris and McEntee, there is a need not just for more judges but for improvements in the infrastructure that supports those judges. This includes an increase in Courts Service staff and, perhaps most important, more courtrooms in which cases can be heard. I raise this matter to ascertain what plans the Department of Justice has for providing spaces in which cases can be heard throughout the country. We have a dedicated Criminal Courts of Justice building on Parkgate Street in Dublin. It houses 22 courts, all of which will be in use today. The building is at capacity. Where are the new judges of the Circuit Court and Central Criminal Court going to sit? Where will the trials take place? What provisions have been made to ensure they can take place? Are there plans within the Department, for example, to build more court spaces? Given the Criminal Courts of Justice building is full, are there plans to take other buildings in Dublin city for this purpose?
I am speaking specifically about Dublin but the same issues apply in every large town and city around the country. We have been talking in recent weeks about legal aid provision. I will not get on that particular hobbyhorse this morning. However, it is important to remember that there are people affected by these issues in every county, town, village and Dáil constituency in the country. The Department must put measures in place to ensure the progressive action it is taking in increasing the number of judges will actually lead to a change in the functioning of the system. The measures it puts in place now will benefit every community in the country. I recognise that both budgetary and legislative measures have been put in place by the Department to improve the efficiency of the courts. I hope the Minister of State is able to tell me what is being done by the Department of Justice to anticipate not just technological advances, which are hugely important, but also the need for more physical spaces.
I thank Senator Ward for the practical and important points he has made on this issue. I convey the apologies of my colleague, the Minster for Justice, Deputy Harris, who regrets that he cannot be here due to another commitment. He assures the Senator that it is a priority for the Government to resource the courts to administer justice efficiently and effectively for members of the public in all areas of law. As the Senator is aware, management of the courts, including operational and logistical functions, is the responsibility of the Judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and in accordance with the separation of powers in the Constitution.
I assure the Senator that it is a priority for the Government to resource the courts to administer justice efficiently and effectively for members of the public in their access to justice in all areas of law.
The final report of the judicial planning working group, which was established to consider the number and type of judges required to ensure the efficient administration of justice over the next five years, was published on 27 February 2023. Officials in the Department of Justice are in the process of establishing an implementation programme to oversee the delivery of the recommendations. Based on these recommendations, an additional 24 judges were approved by the Government on 21 February for appointment in 2023, with a further recommendation of 20 more judges following the implementation of reforms and efficiencies. Three of these appointments have already been made and I am glad to say the Government made two further nominations this week.
The Department of Justice is committed to driving the modernisation and digital first agenda across the entire justice sector and this is reflected in the additional funding of €2.5 million provided in budget 2023 for the courts modernisation programme. This builds on significant investment in recent years. The Courts Service modernisation programme is the ten-year programme that will deliver a new operating model for the Courts Service, designed around the user with simplified and standardised services and accessible data to inform decisions all delivered through digital solutions.
The Minister particularly welcomes the commitment set out by the Courts Service Corporate Strategic Plan 2021-2023 to maximise the use of digital technologies to provide an improved and user-centred service. This commitment is integral to making our justice system work better for everyone by improving systems and increasing efficiencies. Towards the end of 2020, the Courts Service committed an investment in excess of €2.2 million to expand the number of courtrooms that are technology enabled. These courtrooms support remote and hybrid hearings and allow parties, witnesses, prisoners or members of An Garda Síochána to dial in remotely to a physical courtroom and support digital evidence display. The project brought the number of up-to-date technology courtrooms from 55 in 2020 to 120 at the end of 2022. Investment is committed to continuing the expansion of technology-enabled courts over 2023 and 2024.
In April 2022, the courts modernisation programme approved an additional investment of €3.1 million for a three-year programme to provide 54 more video technology enabled courtrooms. These modernisation initiatives and investments will complement a range of other important strategic developments aimed at improving access to justice. These include the first national family justice strategy and the civil justice efficiencies and reform implementation plan.
I thank the Minister of State very much. I acknowledge that the Minister, Deputy Harris, is dealing with Priority Questions in the Dáil this morning. I accept entirely and understand that he is not able to be here. I am grateful to the Minister of State for coming to the Chamber.
I acknowledge what the Minister of State said about the progress made in the Department on streamlining courts processes through investment in technology. Every user of the court, whoever it may be, whether a lawyer, litigant, witness or garda, welcomes the opportunity to have a more efficient and effective Courts Service.
I note the Minister of State made no specific mention of the creation of additional physical spaces. Could he convey to the Minister the need for more courtrooms, if I can put it as bluntly as that? We need more rooms in which cases can take place. The wonderful thing about Dublin is that we have many courthouses that are no longer in use. Balbriggan and Swords courthouses, for example, operate on alternate days. Rathfarnham has a courthouse. Not long ago, there was talk of closing Dún Laoghaire courthouse. Thankfully, that did not go ahead. There are courthouses in Dublin and towns throughout the country that could be reused. They could be brought up to specification and used for cases to take pressure off the central buildings. I ask the Minister of State to bring back to the Department the need to actually create physical spaces as well as the technological environment for improved cases.
I thank Senator Ward again for raising these points, which I undertake to bring back to Department of Justice officials and the Minister, Deputy Harris. I acknowledge that the Senator speaks from a level of expertise and personal experience on this matter.
The Government endeavours to fill all judicial vacancies at the earliest opportunity and, as I said, a number of such vacancies have been filled recently. We have also committed to investing more than €270 million over the next five years in capital projects in the justice sector as part of the National Development Plan 2021-2030, which represents a significant increase on previous years. This includes a number of Courts Service projects to be completed during the period of the plan, including the development of the family courts complex on the Hammond Lane site in Dublin.
On an infrastructural level, the Courts Service is continuing to examine what future buildings, or changes to existing buildings, may be needed to best support court users as part of the service's modernisation programme and its implementation plan for the report of the judicial planning working group. That summary response addresses the Senator's point that there is a clear focus on physical infrastructure, not just the modernisation piece. It is appropriate that we reflect on progress being made in both areas. I undertake to bring back the points raised by the Senator about that need for additional capacity.
I thank the Minister of State. I completely echo the need for physical space. Online is a very unsatisfactory way to conduct legal proceedings.
Unfortunately, there has been a miscommunication and, therefore, with the indulgence of the House, I will ask the Minister of State to take another Commencement matter. Apparently, a statement is on its way to him in answer to the matter raised by Senator Boyhan. I apologise for that miscommunication somewhere along the way. The Minister of State will take the fourth Commencement matter. I have been assured that-----
Can it be taken now?
No, we do not have the response yet. With the Minister of State's indulgence, we will move to the matter raised by Senator McGreehan to allow time for the statement to arrive.
Departmental Funding
The Minister of State is very welcome to the House. I am very glad to have an opportunity to speak about a desperate situation in County Louth whereby Louth County Council has closed applications under the housing adaptation grants for older people and persons with disabilities.
We are all aware of the importance of these grants. We know they make a significant difference in the lives of older people and people with disabilities. These grants help fund house renovations to make homes more accessible and create spaces that are required for people's unique needs. They can make a difference between an individual being able to live at home and enjoy his or her home with comfort and dignity. Many older people and people with disabilities experience many challenges such as navigating stairs, bathrooms, bedrooms and other vital areas of the home. This can significantly affect their quality of life. With funding for housing adaptation grants and accessibility adaptations such as the installation of ramps, stair lifts and grab bars, they can make their home easier and safer to manoeuvre around. Supporting people to continue to live in their own homes can result in significant cost savings for the State. This is because the expense of maintaining nursing homes and other assisted living facilities is much higher than that of providing in-home care. Additionally, individuals who receive in-home care have been shown to have better health outcomes and higher levels of overall satisfaction compared with those in institutional settings. It makes sense for the State to invest in these adaptation grants and programmes and services to support people living in their own homes.
Louth County Council has approximately 600 applications on file waiting to be processed and funded. This year's funding will only cover approximately 200 applications. It is wholly unacceptable to close the scheme to new applications but I can fully understand why Louth County Council did so. It cannot in good faith take any more applications and put people through that process without being able to move forward on applications. I acknowledge that there has been an increase in funding for housing adaptation grants. However, we must clear the backlog of 400 applications. Many people contacted me this week in fear because their fathers, mothers and family members are stuck in limbo unable to live in their own homes because they are waiting for this adaptation grant, with no hope of being able to apply for it at the minute.
I ask the Government to make a special gesture of goodwill for people in County Louth to be able to live independently by clearing this backlog to ensure Louth County Council can move forward on a normal platform from now on. We know the importance of these housing adaptation grants. Our constituency offices try to support many families to live at home every year. I look forward to the Minister of State's response and hope it is favourable.
I thank Senator McGreehan for raising this very important issue. I can imagine how emotive this is in County Louth. She has clearly articulated the concerns and has been very fair in her approach to this matter. I have been provided with this response on behalf of the Minister for Housing, Local Government and Heritage, who sends his apologies.
Funding to local authorities under the housing adaptation grants for older people and people with a disability to assist people in private houses to make their accommodation more suitable for their needs comes from the Department of Housing, Local Government and Heritage.
The detailed administration of the scheme, including assessment, approval, prioritisation and apportionment, is the responsibility of local authorities. In 2022, almost €86 million in funding was made available to facilitate the payment of more than 12,000 grants. Local authorities were recently informed of their 2023 allocations with each local authority receiving an increase on the 2022 allocation, continuing the year-on-year increases since 2014.
In 2022, Louth County Council received an allocation of almost €2.25 million and spent over €1.35 million. In 2023, Louth County Council received an allocation of over €2.3 million, composed of more than €1.86 million in Exchequer funding and over €460,000 to be funded from the local authority's own resources. The Department of Housing, Local Government and Heritage works closely with local authorities to monitor spend and to achieve a full drawdown of available funding. This means that any underspend that arises on the part of any local authority can be redistributed to other authorities which have high levels of grant activity. The Department makes every effort to redistribute such funding throughout the year. The Department encourages all local authorities to ensure all applications on hand are processed to the degree possible for final payment to ensure optimal spend on their annual allocation. Louth County Council recently applied for a further Exchequer allocation of over €570,000 and the Department is currently giving consideration to the request.
Housing for All commits to undertaking a review of the range of housing grants available and among the areas the review considered are the income thresholds and grant limits. A report on the review of the housing adaptation grants for older people and people with a disability has been prepared by the Department. On foot of careful consideration of the report, the Minister has asked Department officials to engage with the Department of Public Expenditure, National Development Plan Delivery and Reform on the review report.
I thank the Minister of State and accept everything in his response. As I have said, Louth County Council, like many other county councils across the country, has received increased funding for housing adaptation grants. I will, however, continue to advocate for the families in County Louth who are not able to apply for funding and for the 400 families who have applied but have no hope of getting an adaptation grant this year. I urge the Minister of State to support all of us and bring back to the Department the importance of this issue. I know it is a lot of money but we are talking about the lives of families and they are worth this money. They deserve every cent they can get to allow them to live at home. On a cost-benefit analysis, it makes sense to keep people in their own homes and not to put them into nursing homes. We know the stress that nursing homes and families are under. I will be taking the matter up with my party colleague, the Minister, Deputy Darragh O'Brien, and will keep advocating for the families in County Louth because they deserve that funding.
I again thank the Senator for raising this matter. I am here in my capacity as a Minister of State in the Government but I am also a Deputy who does constituency work. I know the value of housing adaptation grants to older people in Kildare South as much as the Senator knows their value in Louth. The Senator is dead right that it is a common-sense approach as well as the right thing to do. When we get older, we all want assistance to be able to stay in our own homes. That is where our family members can spend the most time with us. It is where we can have the best quality of life. It is also keeping pressure off our acute system and nursing homes. It is the right thing to do. I will bring back to the Department the points the Senator has raised about her constituents in the Louth area. She has clearly articulated her points.
The funding available for grants in 2023 has increased by almost €2 million above the original 2022 provision to a total of over €83 million. Given the real benefits of these schemes, our objective is to continue to provide further increases in overall funding every year as part of the Estimates process. As I outlined previously, we also have the review report. We will keep a close eye on this matter and I will bring back to the Department the points the Senator has raised.
Employment Rights
I thank the Minister of State. He mentioned his constituency of Kildare South, which I know well. He is very welcome to the House. He is the obvious person to be responding to this matter. It will not be a difficult task for him because it falls obviously within the competence of his commitments in agriculture. That is what this issue is about. I was surprised that a Minister of State at the Department of Agriculture, Food and the Marine dealt with all the other Commencement matters, which were not related to agriculture. That is part of our precarious Commencement matter situation.
What am I asking? I do not expect the Minister of State to read out the statement he has been given in any great detail. I understand he knows the situation. It is a matter of flagging some key issues and two or three simple points that he might address. I would be more than happy with that. I am inviting comment on how we are strengthening the rights of seasonal workers and introducing strict limits on the deductions that can be taken from employers and seasonal workers in the agriculture and horticulture sectors. I am thinking of deductions for food, lodgings and transport. I am thinking in particular of the agriculture, meat-packing, horticulture and food sectors. We have seen a lot of controversy around non-nationals being flown in by employers to do berry-picking and seasonal work, the challenges around accommodation and the friction within more traditional and settled communities that are challenged by some of these issues. The Minister of State knows that seasonal workers are critical to agriculture and horticulture in the role they play in harvesting, planting, packing and other related issues around all of that. It is a big issue.
The Minister for Enterprise, Trade and Employment, Deputy Coveney, indicated he was going to raise this matter at Cabinet. That is a matter for him but is on the record because he said it on RTÉ the other day.
The other issue I will raise in the context of this debate is the minimum wage. We know it was increased by 80 cent on 1 January 2023, so it is now €11.30. That is not a lot of money to live on in these times. The Irish Congress of Trade Unions, ICTU, has called for an increase to the national minimum wage, particularly for low-income workers in industries such as agriculture and horticulture. It has called for a €2 increase in January 2024 and a further €2 increase in January 2025. I raise that matter in the context of a lot of kite-flying around reductions in tax. Of course, I favour reductions in tax. I favour enterprise, encouraging people and rewarding them for hard work. However, I am also conscious of the background. Members on both sides of the Seanad raise issues about health, workers and cancer treatment every day. It is about resources. I do not want to divert from the issue but we can say that low-paid workers earning the minimum wage in the agriculture and horticulture industries are hurting disproportionately as a result of the cost-of-living crisis. The Minister of State knows that and it is an important point to make.
I will touch on another matter. A Labour Party county councillor, Councillor Niall McNelis, has been reported in the media this morning suggesting we look at the waiting time for asylum seekers in this country and the possibility of allowing them to engage in some sort of work. He is right. It is inhumane and unnecessary that asylum seekers or people in the process are not allowed to participate in essential work that is needed.
I spoke to a number of the agricultural representative bodies last night about the engagement the Taoiseach had with them yesterday. I was told it was meaningful and a number of issues were covered that the Minister of State is privy to and knows about. One of those was the ongoing concern about the challenges in respect of getting seasonal workers for agriculture and horticulture. I appreciate the Minister of State has come to the issue late but he has considerable knowledge in the area. I would appreciate it if he would touch on one or two of the points I have made. I thank him for taking this Commencement matter.
I thank the Senator for raising this important issue. He has summed up the situation, which I am very familiar with from my role in the Department of Agriculture, Food and the Marine. The Senator has summed up both parts of the situation. There is a real need for seasonal work permits from an industry perspective. Certain industries, such as horticulture, are seasonal by their nature and annual work permits do not work for them. They need that element of flexibility. As a State, we must ensure that when we provide that flexibility, it is good for business and our economy, and for keeping those businesses going at their time of need. We also need to ensure that in providing that flexibility we in no way marginalise people who may be vulnerable. It is all about the safeguards that are in place, some of which I will outline, to ensure there is no exploitation and that the system works for the people receiving the permits, those who do the work, every bit as much as it works for the businesses for whom they are working.
This can be mutually beneficial for everybody. It is a great reflection on our country that there are so many people from outside the EU who want to come to Ireland to work here. It says a lot about our country that it is a good place to work and is recognised as a place where you can make your way, make your living and have a good standard of living. We should reflect on that. There is a lot of criticism of different elements, but this is a good sign for us.
A key objective of the seasonal employment permit is to provide workers for sectors that have recurrent short-term employment needs, but for which general employment permits are not suitable. The Employment Permits Bill will ensure that in pursuing the State's economic goals, as I have outlined, we also protect workers, some of whom may be at risk of exploitation due to their inexperience with Irish labour laws, potential isolation and, in some instances, language barriers. The seasonal employment permit provides additional protections for permit holders.
This scheme has taken lessons learned from other jurisdictions and the relevant EU legislation, particularly the EU seasonal workers directive. The protections include the requirement that employers availing of the scheme must qualify annually as approved seasonal employers. That is important. It is not something that you get and you will still have five years later.
Central to the scheme is the facility whereby seasonal employment permit holders can easily transfer their permit to another approved seasonal employer registered to the scheme. This will empower employees on the scheme to easily leave an employment where there may be abuse. It means that the company that gets the worker in on the permit will not have control over them. It is important that the power is with the employee. They must have the ability to walk away if they are not happy with their terms and conditions so they can move to another company that requires seasonal workers at that time.
As we know, due to the very strong employment figures in this country, we are in an employee’s market. This is a matter of empowering the employee permit holders with information about their rights. Approved seasonal employers will commit to protecting the rights of their employees and will be required to provide information in the employee's language on employees' rights, their pay and their terms and conditions, including board, lodgings, transport, training and health and safety standards, ahead of the contract start date. The purchase of adequate health insurance for seasonal workers will be required and this cannot be deducted from their wages. Accommodation will be provided by the seasonal approved employer, which must meet legal standards.
There will be strict limitations on deductions from wages for board and lodgings offered, as well as transport to and from the work site, if accommodation is not at the work site. Rent deductions cannot be greater than those allowed for under the National Minimum Wage Act. Transport costs can be charged at no more than 50% of the stipulated board charges under the National Minimum Wage Act.
The Department of Enterprise, Trade and Employment will trial a pilot seasonal employment permit scheme in the summer of 2024 in the fruit and vegetable picking sector with a limited number of permits. The Department will carry out a review at the end of the growing season. This is much broader than that in the area of agriculture. I know that regarding dairy farmers in the calving season, there is a farm safety element. There is a shortage of labour and farmers need that support. Riders in the equine industry need to be freed up at certain times of the year. This is a really good thing, but we need to make sure the protections are in place, and I thank the Senator for raising those points.
I thank the Minister of State for that comprehensive response. I knew it would come from him because he is totally immersed in agriculture.
Let us keep having ongoing public engagement and consultation with the horticulture sector and the equine sector, as the Minister of State rightly pointed out. He would be very familiar with that, coming as he does from south County Kildare. There are real challenges and we see it in the mushroom sector too. Let us utilise people who are willing and prepared, regardless of their status, and want a fair opportunity for fair employment for fair pay.
That is exactly right. If I could reassure the Senator of one thing, it is that there is no complacency in the Government when it comes to making sure the appropriate safeguards are in place. We see the benefit for business. We see the benefit of seasonable workers for our economy. That flexibility is there in our permit system. However, that will not be at the cost of the rights of the workers. If anything, we will strengthen those rights even further.
The Department has recently held a consultation with stakeholders to get feedback on the introduction of the seasonal employment permit and the general transferability of most employment permits. That is the key; if they are transferable, it empowers the employee. It takes the power away from an employer that might have bad intentions. All points received were carefully considered when finalising the amendments to seasonal employment permits.
I would like to reiterate that all employment permit holders in Ireland have the exact same labour rights as other employees in the State under Irish law. It is important to put that on the record. The additional rights that are provided within the framework for the seasonal employment permit will go further to ensure that the potential for abuse of this type of scheme, as observed in other jurisdictions, is significantly mitigated. Furthermore, the analysis of the pilot scheme will provide another safeguard and opportunity to further fine-tune the scheme prior to the roll-out. This will ensure we can have an appropriate seasonal scheme that works for business, works for the workers who come here and is good overall for our society and our economy.
Cuireadh an Seanad ar fionraí ar 10.15 a.m. agus cuireadh tús leis arís ar 10.32 a.m.
Sitting suspended at 10.15 a.m. and resumed at 10.32 a.m.