Written Answers Nos. 179-194~
179. Deputy Peadar Tóibín asked the Minister for Jobs; Enterprise and Innovation if he will provide a projection of the number of posts that will be filled by recruits from here to the jobs recently announced by Electronic Arts in Galway. [40397/12]
View answer180. Deputy Peadar Tóibín asked the Minister for Jobs; Enterprise and Innovation the number of unemployed people with the necessary skills to fill the new posts announced by Electronic Arts in Galway. [40398/12]
View answerI propose to take Questions Nos. 179 and 180 together.
On 18th September 2012, An Taoiseach, Mr Enda Kenny T.D. announced the creation of 300 new jobs for Electronic Arts’ (EA) European Customer Experience Centre of Excellence in Galway. The new jobs are being supported by IDA Ireland. The jobs announced will come on stream within a 3 to 5 year period, in line with the company’s business plan, and will be filled by the appropriately qualified personnel. Building on the foundation of its existing facility, EA will now provide multilingual international customer support and services for its major game titles. EA has stated that the European Customer Experience Centre is a key element of its strategy to serve gamers on a global basis. The company wishes to engage with its worldwide customer base on a 24/7 basis, across all of EA’s games and services and in multiple languages in today’s fast-moving digital environment. I am delighted that this is another vote of confidence by a major player in the Games Sector in the attractiveness and competitiveness of Ireland as an investment location and in Galway as a location of choice.
182. Deputy Jonathan O'Brien asked the Minister for Jobs; Enterprise and Innovation his plans to review company law in order to oblige insolvent companies which declare themselves unable to meet their financial obligations to their employees to enter liquidation before employees are forced to apply to the redundancy fund; and if he will make a statement on the matter. [40400/12]
View answerIf an insolvent company is not put into liquidation and is struck off the Register of Companies for failure to file annual returns, it is open to the Director of Corporate Enforcement, pursuant to section 160(2)(h) of the Companies Act 1990 (as amended) to apply to the High Court for the disqualification of the directors of the company.
The Companies Acts, along with other legislation such as the Social Welfare Acts, grant preferential status to a number of creditors in the winding up of a company. Section 285 of the Companies Act, 1963 sets out a number of preferred debts in relation to the assets of a company in a winding up. These include unpaid wages and salaries of employees due during the four months prior to liquidation and up to a maximum of €3174.35 per employee. Provision is also included in Section 285 for the preferential status of employees’ accrued holiday remuneration, sums due in respect of sick pay and pension contributions. I have no plans to review Company Law in this regard.
183. Deputy Jonathan O'Brien asked the Minister for Jobs; Enterprise and Innovation his plans to empower the Employment Appeals Tribunal and the Labour Relations Commission, in cases when companies declare themselves unable to pay wages and redundancy owed to employees, to compel the directors to attend hearings and the reason they have not met their employees terms and conditions; and if he will make a statement on the matter. [40401/12]
View answerThe Employment Appeals Tribunal (EAT) and the Labour Relations Commission (LRC) are independent statutory bodies under the aegis of my Department. As independent quasi-judicial bodies, I have no role in the day-to-day exercise of their functions.
The system of industrial relations in Ireland is essentially voluntarist in nature; the LRC cannot compel any party to a dispute to attend a hearing/meeting. The LRC does not have any jurisdiction to adjudicate on disputes in relation to redundancy payments.
The EAT is an independent body bound to act judicially and was set up to provide a speedy, fair, inexpensive and informal means for individuals to seek remedies for alleged infringement of their statutory rights. The EAT has jurisdiction to deal with and adjudicate on disputes under a number of pieces of legislation including the Redundancy Payments Acts 1967 to 1997 and the Protection of Employees (Employers Insolvency) Acts 1984 to 1994. The Redundancy Acts provide that all eligible employees are entitled to a statutory redundancy lump sum upon being made redundant. The latter Act provides for the protection of employees’ entitlements in regard to matters relating to pay (e.g. arrears of wages, holiday pay etc.) in the event of the insolvency of their employer. The Act also provides that disputes concerning some of these entitlements may be referred to the EAT.
The EAT currently has the power to compel any person (including the director(s) of a company) to attend a hearing to give evidence and to produce any documents in his/her possession, custody or control, relating to any matter referred to the Tribunal, including complaints referred under the aforementioned legislation. A person who fails to attend a hearing in response to such a notice from the EAT or who refuses to give evidence or to produce any required documents will be guilty of an offence and liable on summary conviction to a fine. The EAT also has the power to take evidence on oath and may administer oaths to persons attending as witnesses. Penalties are prescribed by law for wilful and corrupt perjury by any person convicted in a Court of Law giving false evidence or wilfully or corruptly swearing anything, which is false as a hearing of the EAT.
It is entirely a matter for the Tribunal, having regard to the circumstances of any particular case, to determine whether or not to invoke its powers to compel a witness to attend a hearing in order to give evidence.
I have no plans to introduce legislation amending the existing rules concerning the compellability of witnesses to either the EAT or LRC. However, as you may be aware, I am currently undertaking a root and branch reform of the existing Workplace Relations Bodies. The Reform Programme I have commenced will deliver a two tier Workplace Relations structure by merging the activities of the LRC, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the EAT and the Labour Court into a new Body of First Instance, to be known as the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court. Work has commenced on the drafting of a Workplace Relations Bill to give effect to the new two-tier structure. It is intended that Adjudication Officers in the new WRC will also have the power to compel witnesses to attend hearings to give evidence.
184. Deputy Regina Doherty asked the Minister for Jobs; Enterprise and Innovation if his Department still grants leave of absence; and if not, the reason this is not considered as a neutral cost saving exercise; and if he will make a statement on the matter. [40599/12]
View answerStaff in my Department may apply for unpaid special leave in the form of a career break. A career break may be allowed for domestic, educational, travel or self-employment purposes and may be granted for a period of between six months and five years (three years in the case of self-employment). They may be approved where the normal operating requirements of Departments are not adversely affected and where additional expenditure is not incurred as a consequence.
My Department currently has twenty-six staff participating in the career break scheme.
185. Deputy Tom Fleming asked the Minister for Jobs; Enterprise and Innovation if he will, in conjunction with the Industrial Development Agency and Enterprise Ireland intervene in the threatened closure of a company (details supplied) in County Kerry with a view to prioritising necessary supports and assistance to help the company continue to operate; and if all fails, if he will have arrangements made that an alternative employer be secured to replace the jobs that are currently under threat. [40620/12]
View answerAt a meeting with the management of the company in question on the 13th September 2012, IDA Ireland was informed that the US based parent company had decided to exit the particular market in Europe. The company plans to sell as a going concern their European business interests in this sector which includes the manufacturing plant in Killorglin, Co. Kerry and a sales and R&D facility in Germany. Management confirmed that the plant will close by the end of 2012 with the loss of 30 jobs if a sale is not successfully concluded by then. Staff at the company have been informed of the decision to sell the operation and of the consequence of not being successful in this planned sale. Management will begin a formal process of consultation with staff and unions in the next few days.
As a result of the construction downturn in the US and Europe, the company have decided to consolidate their business units and concentrate on the market for traditional products and markets in the timber frame sector. The construction downturn has led to the Killorglin facility being on a 3 day week for much of the past 3 years. The building and land is owned by the company and IDA Ireland is aware that the company has engaged consultants to market both land and equipment as a going concern. IDA will continue to work with the company in their search for a new owner/purchaser to sustain the facility and staff. IDA will also look for opportunities to market the building through its overseas network.
Job creation is central to our economic recovery and the Programme for Government has job creation at its core. The role of my Department is to ensure that we have the right policies in place that will support and grow our enterprise base in order to facilitate both job creation and job retention. The programmes supported by my Department and its agencies - IDA Ireland and Enterprise Ireland - will be critical in achieving economic growth. These activities will, in turn, create and protect existing jobs in the area.
186. Deputy Derek Nolan asked the Minister for Social Protection the reason the new mortgage advisory service is confined to accountants; her plans to open up the service to financial brokers in view of the fact that they are specifically qualified to provide financial advice and are open to scrutiny by the Central Bank of Ireland; and if she will make a statement on the matter. [40759/12]
View answer232. Deputy Tom Hayes asked the Minister for Social Protection the reason the new advisory service for mortgage holders in difficulty has been confined to accountants; and if she will make a statement on the matter. [40455/12]
View answer244. Deputy Brian Walsh asked the Minister for Social Protection if she will consider the inclusion of financial brokers in the range of professionals to provide advice through the new advisory service for borrowers in mortgage distress in view of the fact that they are specifically qualified to dispense such advice and are regulated by the Central Bank; and if she will make a statement on the matter. [40542/12]
View answer252. Deputy Joe McHugh asked the Minister for Social Protection if she will provide an update in the role in the new advisory service for mortgage holders in difficulty, of insurance brokers and independent financial advisors that are regulated by the Central Bank of Ireland; if she envisages a role for such businesses to complement the role of accountants that she set out when announcing the new service; and if she will make a statement on the matter. [40574/12]
View answer257. Deputy Seán Kyne asked the Minister for Social Protection the rationale for the exclusion of independent financial brokers who are regulated by the Central Bank and operate to a high standard from taking part in the advisory service for persons experiencing mortgage difficulties. [40625/12]
View answer261. Deputy Olivia Mitchell asked the Minister for Social Protection if she will clarify the person's who may become a member of the panel of advisors of the new independent advisory service for mortgage holders; if her attention has been drawn to concerns among professions such as financial brokers that they will suffer from loss competitive advantage if they are admitted to this scheme at a much later date; if she will give consideration to immediately admitting such professions which are well regulated and meet the criteria of the scheme; and if she will make a statement on the matter. [40730/12]
View answerI propose to take Questions Nos. 186, 232, 244, 252, 257 and 261 together.
I recently announced a three-phased approach to establishing a comprehensive Mortgage Arrears Information and Advice Service to provide the necessary supports to assist people in mortgage distress. The approach differentiates between mortgage information and mortgage advice. The first two involve the enhancement of the website www.keepingyourhome.ie and the establishment of a Mortgage Arrears Information Helpline within the Citizens Information Board both of which focus on the provision of comprehensive mortgage arrears information in particular to people in arrears or pre-arrears.
The third element of the service is the provision of independent financial advice to mortgage holders who are being presented with long term mortgage resolution proposals by their lenders. This advice will be provided by a panel of accountants drawn from members of the main accountancy institutes in Ireland who have agreed to participate and support this independent service.
When a lender is proposing longer-term mortgage resolutions, the lender will advise the borrower to obtain independent financial advice on the proposed arrangement and that, if the borrower wishes to avail of this option, that the lender will pay €250 to an accountant of the borrower’s choosing for the provision of this advice.
An operating protocol for the provision of this advice has been agreed between the main recognised accountancy bodies and the lenders. The general scope of the advice will be limited to the borrower’s principal private residence.
The advisory framework has commenced with practicing accountants because they already operate within a regulatory regime which includes qualitative oversight by their regulating bodies and in these circumstances it was possible to establish the advisory framework for people with mortgage distress within a relatively short timeframe.
There is nothing to inhibit other financial intermediaries from continuing to give advice on mortgages as requested by borrowers. It is intended to review the operation of the advisory framework in June 2013 at which point other interested parties who meet the criteria in terms of qualifications, experience, independence, professional indemnity insurance, etc., may be considered for inclusion.
The accountancy bodies have already notified their members about the new service with a view to having the panel in place before the end of September. The panel will be available on a county by county basis and the details will be available on the website www.keepingyourhome.ie.
187. Deputy Paschal Donohoe asked the Minister for Social Protection if it is correct that a pension fund is deemed as income in a means assessment for farm assist in respect of a person (details supplied) in County Mayo in view of the fact that this person will not derive any income from the pension fund for a number of years. [40055/12]
View answerThe person concerned was assessed with weekly means of €289 derived from farm income of €14.87 and capital of €274 from savings and a pension fund which is available to him currently. The encashment value of his pension fund as of 23 February 2012 was €64,059. This decision was appealed to the independent Social Welfare Appeals Office and the decision was upheld. The Appeals Officer’s decision is final in the absence of new facts or fresh evidence.
188. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on their application for carer’s allowance; and if she will make a statement on the matter. [40072/12]
View answerI confirm that the department is in receipt of an application for carer’s allowance from the person in question. The application will be processed as quickly as possible and when a decision is made the person concerned will be notified directly of the outcome.
189. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an appeal on an application for illness benefit in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40080/12]
View answerThe Social Welfare Appeals Office has advised me that the appeal from the person concerned was examined by a Medical Assessor of the Department of Social Protection who was of the opinion that he was capable of work. He appealed this decision on 20th January 2012 and in that context he was examined by another Medical Assessor who also expressed the opinion that he was capable of work.
In the light of this, it was decided to afford the person concerned an opportunity of setting out the complete and up to date grounds of his appeal and to furnish any further medical evidence that he wished to submit in support of his appeal. He did this and the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of were sought on 14th June 2012. When received, the appeal in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
190. Deputy Brendan Griffin asked the Minister for Social Protection when the review group on domiciliary care allowance is due to report back; if she will reassure recipients of domiciliary care allowance who are worried about the implications of any possible cuts to domiciliary care allowance; and if she will make a statement on the matter. [40084/12]
View answerThe working group is due to report on the review of the domiciliary care allowance scheme by the end of December 2012.
The group’s terms of reference include the review of the following; the policy objectives of the scheme, the administrative, medical assessment and appeals processes and the medical guidelines for the scheme. The group has also been asked to liaise with the Advisory Group on Tax and Welfare in the context of their review of DA/DCA issues and incorporate any relevant findings into the administrative arrangements for the DCA scheme and having considered these issues, to recommend whether any legislative changes are required in relation to the scheme and whether the current operation of the scheme needs further refinement to meet the overall policy objectives.
It would not be appropriate to comment on the potential recommendations of the group until they have completed their work and their report has been duly considered. The Deputy should note that no individual customer eligibility reviews will be undertaken while the review of the scheme is ongoing.
191. Deputy Jim Daly asked the Minister for Social Protection the number of recipients of disability allowance for each of the past twenty four months in tabular form; and if she will make a statement on the matter. [40088/12]
View answerThe information requested by the Deputy is in the tabular statement.
|
- |
January |
February |
March |
April |
May |
June |
July |
August |
September |
October |
November |
December |
|
2012 |
102,698 |
102,750 |
102,896 |
102,851 |
103,100 |
103,212 |
103,123 |
103,026 |
- |
- |
- |
- |
|
2011 |
101,348 |
101,514 |
101,647 |
101,613 |
101,605 |
101,759 |
102,042 |
102,263 |
102,331 |
102,571 |
102,674 |
102,866 |
|
2010 |
- |
- |
- |
- |
- |
- |
- |
- |
101,042 |
101,040 |
101,156 |
101,111 |
192. Deputy Michael McCarthy asked the Minister for Social Protection if her attention has been drawn to the fact that a job advertised under the jobbridge programme (details supplied) which could be wrongly interpreted as a full-time paid position upon initial examination, if this is acceptable and should be rectified; and if she will make a statement on the matter. [40117/12]
View answerJobBridge, the National Internship Scheme, provides internship opportunities of either 6 or 9 months for unemployed individuals on the Live Register, in organisations operating in the private, public and community voluntary sectors. Internship opportunities can vary significantly spanning many occupations/disciplines from high skill specialist placements to lower skilled general placements. The principal aim of internships advertised is to provide interns with an opportunity to keep close to the labour market while gaining valuable experience in a working environment and thus enabling them to increase the knowledge and skills required to explore a new career path or enhance their career prospects and build their confidence through work experience.
The scheme has made significant progress to-date. Our records indicate that a significant proportion of individuals have progressed into employment across various occupations/ disciplines on completion of their internship placements. To ensure that both the host organisation and intern are abiding by the spirit and the rules of the scheme, the JobBridge team are involved in the continuous monitoring of internships. This involves the regular review of monthly compliance reports and the conducting of random monitoring site visits to facilitate discussions with both parties to the Internship.
All internships advertised on the JobBridge website clearly state “This is an internship. An allowance of €50 per week will be paid in addition to your current social welfare payment. See eligibility criteria above.”
193. Deputy Peter Mathews asked the Minister for Social Protection if her attention has been drawn to the fact that a person (details supplied) in Dublin 16 is waiting six months on a social welfare appeal; if she will ensure that they receive a decision shortly; and if she will make a statement on the matter. [40151/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22 March 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 24th April 2012 and the case has been referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
194. Deputy Dominic Hannigan asked the Minister for Social Protection if she will outline in tabular form the number and percentage of women and men on State boards under the aegis of her Department in each of the past seven years; if she will provide the most up to date figures available regarding the number and percentage of women and men on State boards under the aegis of her Department in 2012; and if she will make a statement on the matter. [40154/12]
View answerThe State boards currently under the aegis of the Department of Social Protection are the Citizens Information Board, the Social Welfare Tribunal and the Pensions Board. Other State boards which were under the aegis of the Department during the period in question were the Combat Poverty Agency (now integrated within the Department’s Social Inclusion Division) and the Family Support Agency (now under the aegis of the Department of Children and Youth Affairs).
When filling vacancies on the boards of bodies under the aegis of the Department, every effort is made to comply with the target of having at least 40% of each gender represented on a board.
The information sought by the Deputy is set out in the tables.
Citizens Information Board (formerly Comhairle)
|
Year |
Number of people serving on the Board |
Male |
Female |
Male% |
Female% |
|
24-9-2012 |
12 |
7 |
5 |
58 |
42 |
|
31-12-2011 |
15 |
7 |
8 |
47 |
53 |
|
31-12-2010 |
15 |
8 |
7 |
53 |
47 |
|
31-12-2009* |
5 |
3 |
2 |
60 |
40 |
|
31-12-2008 |
15 |
9 |
6 |
60 |
40 |
|
31-12-2007 |
15 |
9 |
6 |
60 |
40 |
|
31-12-2006 |
13 |
9 |
4 |
69 |
31 |
|
31-12-2005 |
17 |
11 |
6 |
65 |
35 |
* 10 Vacancies on 31 December 2009
The Pensions Board
|
Year |
Number of people serving on the Board |
Male |
Female |
Male % |
Female % |
|
24-9-2012 |
15 |
8 |
7 |
53 |
47 |
|
31-12-2011 |
16 |
9 |
7 |
56 |
44 |
|
31-12-2010 |
16 |
9 |
7 |
56 |
44 |
|
31-12-2009* |
17 |
9 |
8 |
53 |
47 |
|
31-12-2008 |
17 |
9 |
8 |
53 |
47 |
|
31-12-2007 |
16 |
8 |
8 |
50 |
50 |
|
31-12-2006 |
17 |
9 |
8 |
53 |
47 |
|
31-12-2005 |
17 |
9 |
8 |
53 |
47 |
Social Welfare Tribunal
|
Year |
Number of people serving on the Board |
Male |
Female |
Male % |
Female % |
|
24-9-2012 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2011 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2010 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2009 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2008 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2007 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2006 |
5 |
4 |
1 |
80 |
20 |
|
31-12-2005 |
5 |
4 |
1 |
80 |
20 |
Combat Poverty Agency*
|
Year |
Number of people serving on the Board |
Male |
Female |
Male % |
Female % |
|
31-12-2008 |
13 |
9 |
4 |
69 |
31 |
|
31-12-2007 |
12 |
9 |
3 |
75 |
25 |
|
31-12-2006 |
15 |
9 |
6 |
60 |
40 |
|
31-12-2005 |
15 |
7 |
8 |
47 |
53 |
* The Combat Poverty Agency integrated with the Office for Social Inclusion within the Department of Social Protection with effect from 1 July 2009 and the board was discharged.
Family Support Agency*
|
Year |
Number of people serving on the Board |
Male |
Female |
Male % |
Female % |
|
31-12-2009 |
8 |
3 |
5 |
37 |
63 |
|
31-12-2008 |
11 |
4 |
7 |
36 |
64 |
|
31-12-2007 |
12 |
4 |
8 |
33 |
67 |
|
31-12-2006 |
12 |
4 |
8 |
33 |
67 |
|
31-12-2005 |
12 |
4 |
8 |
33 |
67 |
* Responsibility for the Family Support Agency transferred to the Department of Community, Equality & Gaeltacht Affairs on 1 May 2010 and is now under the aegis of the Department of Children and Youth Affairs.
