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Tuesday, 9 Oct 2012

Written Answers Nos. 302-322

An Teanga Gaeilge

Questions (302)

Peadar Tóibín

Question:

302. D'fhiafraigh Deputy Peadar Tóibín den Aire Caiteachais Phoiblí agus Athchóirithe an bhfuil sé i gceist aige Gaeleagras a athbheochan; nó an bhfuil sé chun seirbhís dá shamhail a chur ar fáil. [41970/12]

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Written answers

Tá mo Roinn tar éis comhaontú i bprionsabal leis an Roinn Ealaíon, Oidhreachta agus Gaeltachta gur trí oifigí na Roinne sin a sholáthrófar seirbhísí d’fhonn an Ghaeilge a chur chun cinn sa Státseirbhís agus i réimsí áirithe den tseirbhís phoiblí. Ar na seirbhísí seo beidh oiliúint agus measúnú inniúlachta foirne maidir le húsáid na Gaeilge. Táthar ag súil go gcuirfear na seirbhísí seo, chun an Ghaeilge a chur chun cinn, i bhfeidhm go luath an bhliain seo chugainn.

Question No. 303 answered with Question No. 293.

Employment Appeals Tribunal

Questions (304)

Patrick O'Donovan

Question:

304. Deputy Patrick O'Donovan asked the Minister for Jobs; Enterprise and Innovation the position regarding an appeal in respect of a person (details supplied) in County Limerick; when a decision will issue; and if he will make a statement on the matter. [42674/12]

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Written answers

The Employment Appeals Tribunal (EAT) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. It is long established practice that Ministers do not get involved with its adjudication function. However, having made enquiries, I understand that the EAT received a redundancy claim from the person concerned on 31 July, 2012 under the Redundancy Payment Acts.

I wish to point out that the payment of statutory redundancy lump sums is the responsibility of the employer in the first instance. However, where an employer genuinely cannot afford to pay an employee their entitlement, the employer and employee can apply directly to the Social Insurance Fund (SIF) for a Redundancy Lump Sum using form RP50. Proof of inability to pay must be submitted with the RP 50. The Redundancy Payments Section in the Department of Social Protection (Block C, Earlsfort Centre, Lower Hatch Street, Dublin 2) has responsibility for the administration of statutory redundancy payments from the SIF. Where an employer refuses to pay an employee their statutory redundancy entitlement or there is a dispute regarding an employees’ entitlement to a statutory redundancy payment, the employee must apply to the EAT for a hearing under the Redundancy Payments Acts.

In the present case, I would suggest that this person may also wish to contact the Redundancy Payments Section within the Department of Social Protection to establish if she can satisfy the legislative requirements which would allow her claim for a statutory redundancy payment to be processed directly from the SIF without the requirement to have the appeal adjudicated upon EAT. The EAT has seen a significant increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the economic downturn. The current waiting period for a hearing in respect of redundancy claims in Limerick, is approximately 90 weeks from the date of application. All appeals are listed for hearing in accordance with their date of lodgment with the Tribunal.

Notwithstanding the efforts of the EAT to reduce its existing backlogs, I believe the delays that users of the service are experiencing are unacceptable. This is one of the reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies. The Reform Programme I have commenced will deliver a Workplace Relations structure by merging the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal 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. I fully expect the work that I have initiated with regard to the reform of the Workplace Relations Bodies, including the EAT, to significantly improve the quality of service to users.

Programme for Government Implementation

Questions (305)

Simon Harris

Question:

305. Deputy Simon Harris asked the Minister for Jobs; Enterprise and Innovation if he will outline in tabular form the commitments in the Programme for Government pertaining to his ministerial portfolio; the current status of these commitments in terms of implementation; and if he will make a statement on the matter. [42882/12]

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Written answers

I would like to draw the Deputy’s attention to the publication in March 2012 of the first Annual Report setting out progress on the implementation of the Programme for Government and the intention by Government to publish the second annual report next March which will set out specific progress on implementation during the second year. Details of the progress to date for each of the Programme for Government commitments for which my Department is responsible are set out in that.

Jobs Data

Questions (306)

Brendan Griffin

Question:

306. Deputy Brendan Griffin asked the Minister for Jobs; Enterprise and Innovation the number of Industrial Development Agency supported jobs created and lost in County Kerry in each of the past 10 years; the position that County Kerry ranks in order of counties for new jobs; if he finds these statistics satisfactory; and if he will make a statement on the matter. [43002/12]

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Written answers

The Forfás Annual Employment survey reports on jobs gained and lost in companies supported by the enterprise development agencies. Details of the number of jobs gained and lost in IDA client companies in the 10 year period 2002 to 2011 are shown in the attached tabular statement. Figures for 2012 will not be available until year end.

At the end of 2011 there were 12 IDA Ireland supported companies in Kerry employing 1,294 permanent staff. IDA Ireland’s Strategy for County Kerry is:

- To work with Local Authorities and relevant infrastructure and service providers to influence the delivery of appropriate infrastructure to the region;

- To attract new Investment;

- To progress the development of a knowledge economy so that the region can compete both nationally and internationally for foreign direct investment;

- To work with the existing IDA client base and to help them to further develop their presence; and

- To provide modern property solutions with supporting infrastructure.

Through its network of overseas offices, IDA Ireland markets the linked hub locations of Killarney in South Kerry and Tralee in North Kerry for new foreign direct investment (FDI). IDA is particularly targeting the ICT, International Financial Services and Globally Traded Business sectors. In addition to attracting new foreign direct investment, IDA continues to work closely with its existing clients in Kerry to encourage them to expand their operations in the County. IDA Ireland also works closely with educational institutions and FÁS to develop the skill sets necessary to attract high value added employment to the county.

IDA continues to market all available land and buildings in the County including its 12 acre Business & Technology Park at Tiernaboul, Killarney, Co. Kerry. In Tralee, IDA is also marketing the Kerry Technology Park which is owned and managed by Shannon Development in partnership with the Institute of Technology Tralee. While IDA seeks to influence the location it must be remembered that in all cases it is the investor who decides where to locate.

Table showing

Jobs Created and Lost in IDA Ireland client companies by County from 2002 to 2011

County

Employment Data

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

Carlow

 New Jobs

6

8

19

44

20

3

74

49

87

75

Carlow

Job Losses

49

49

277

33

110

262

28

75

202

0

Cavan

 New Jobs

52

12

31

0

2

59

32

18

52

3

Cavan

Job Losses

42

76

64

127

63

2

26

56

50

22

Clare

 New Jobs

19

15

50

134

42

22

139

122

30

16

Clare

Job Losses

203

43

22

34

52

35

16

93

21

40

Cork

 New Jobs

1,696

1,239

1,365

1,286

2,061

1,756

2,116

1,108

1,385

1,957

Cork

Job Losses

2,057

1,318

785

796

1,161

1,695

1,488

2,364

967

870

Donegal

 New Jobs

179

141

136

252

106

176

67

63

152

271

Donegal

Job Losses

123

496

217

357

644

116

48

28

216

22

Dublin

 New Jobs

5,313

3,304

5,249

5,787

6,031

5,266

4,353

2,276

4,228

6,540

Dublin

Job Losses

5,759

5,291

4,977

4,088

2,332

4,076

4,248

6,920

4,428

3,066

Galway

 New Jobs

519

856

711

1,353

416

433

611

442

768

980

Galway

Job Losses

1,294

660

482

193

563

619

764

1,047

510

169

Kerry

 New Jobs

151

81

94

104

73

116

86

25

50

163

Kerry

Job Losses

651

321

284

232

161

47

108

416

144

182

Kildare

 New Jobs

568

563

566

710

495

69

113

30

1,228

398

Kildare

Job Losses

543

471

404

186

474

723

626

1,513

418

377

Kilkenny

 New Jobs

105

2

66

95

15

93

1

0

17

33

Kilkenny

Job Losses

15

98

4

9

20

53

9

112

2

5

Laois

 New Jobs

29

0

15

10

18

3

0

17

10

3

Laois

Job Losses

43

17

85

2

46

43

20

11

1

27

Leitrim

 New Jobs

117

569

155

2

4

4

35

5

65

7

Leitrim

Job Losses

19

5

28

187

117

50

43

30

81

199

Limerick

 New Jobs

439

140

491

376

793

298

288

172

163

242

Limerick

Job Losses

1,583

633

605

135

256

452

694

2,519

428

133

Longford

 New Jobs

70

141

99

213

180

19

30

8

4

0

Longford

Job Losses

49

5

36

30

20

79

88

74

127

50

Louth

 New Jobs

179

39

83

110

213

140

75

34

43

110

Louth

Job Losses

296

526

117

167

287

172

212

245

337

58

Mayo

New Jobs

97

109

143

86

37

114

132

97

183

85

Mayo

Job Losses

469

137

400

243

102

83

126

159

19

87

Meath

New Jobs

65

35

84

189

131

148

134

30

38

53

Meath

Job Losses

141

115

29

38

399

43

307

188

83

28

Monaghan

 New Jobs

57

10

1

4

33

21

15

19

28

0

Monaghan

Job Losses

31

146

40

11

3

16

14

17

14

82

Offaly

 New Jobs

124

19

79

56

81

53

29

22

22

31

Offaly

Job Losses

230

112

46

26

76

91

48

127

284

78

Roscommon

 New Jobs

114

56

38

31

10

9

41

0

12

45

Roscommon

Job Losses

142

141

36

21

14

30

0

91

63

12

Sligo

 New Jobs

172

103

213

109

193

36

103

54

53

93

Sligo

Job Losses

80

265

181

117

149

255

64

137

244

51

Waterford

 New Jobs

575

561

253

351

851

376

176

112

146

72

Waterford

Job Losses

300

224

423

579

350

183

483

569

439

764

Westmeath

 New Jobs

66

130

145

335

169

317

134

231

128

194

Westmeath

Job Losses

178

719

254

28

278

245

222

480

40

56

Wexford

 New Jobs

164

134

333

71

98

67

91

14

100

51

Wexford

Job Losses

98

180

151

38

50

59

73

89

67

47

Wicklow

 New Jobs

357

889

246

374

221

190

53

39

13

66

Wicklow

Job Losses

290

56

558

1,197

293

87

327

270

174

243

Total IDA

New Jobs

11233

9156

10665

12082

12293

9788

8928

4987

9005

11488

  Total IDA

Job Losses

14685

12104

10505

8874

8020

9516

10082

17630

9359

6668

Departmental Schemes

Questions (307)

Michael McGrath

Question:

307. Deputy Michael McGrath asked the Minister for Jobs; Enterprise and Innovation when he expects to have the temporary partial loan guarantee scheme up and running; and if he will advise of the terms and conditions that will apply for applicant businesses. [43343/12]

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Written answers

Officials in my Department are working on the final arrangements in conjunction with the participating banks and the Operator of the Scheme, Capita Assets Services, and the scheme launch is imminent. I have made, with the consent of my colleagues the Minister for Finance and the Minister for Public Expenditure and Reform, a necessary scheme under section 5 of the Act. The Scheme, which is Statutory Instrument number 343 of 2012, sets out the terms and conditions, and was laid before the Oireachtas on 13th September.

The Scheme is intended to address two distinct barriers to lending: inadequacy of collateral (Pillar 1) and inadequacy of understanding of the novelty of a business model, market, sector or technology (Pillar 2). It will be exclusively targeted to address these particular market inefficiencies. Commercially viable, well performing micro, small and medium enterprises that have a solid business plan and a defined market for their products or services, thereby demonstrating their ability to repay the loan is the target of the scheme.

Decision making on commercial viability of the SME and all credit assessments will be fully devolved to the accredited lenders. The individual loan transaction between Lender and Borrower is delivered in an almost identical fashion to any other comparable commercial lending transaction between the parties, with the only difference being the supplementary arrangements necessary for payment of the 2% premium charge by the borrower to the State. Term loans, other instruments with term loan-like structures, and performance bonds will be covered by the Scheme. The minimum permissible loan value will be €10,000 and the maximum will be €1,000,000. Use of the Scheme is focussed on facilitating additional new lending, with refinancing of existing debt explicitly excluded.

Copyright Infringement

Questions (308)

Seán Kyne

Question:

308. Deputy Seán Kyne asked the Minister for Jobs; Enterprise and Innovation if he will report on the progress that has been made on the Copyright Review Committee which has been tasked with examining copyright law; and if he will make a statement on the matter. [43432/12]

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Written answers

An independent Copyright Review Committee was established in May 2011 to examine the Irish copyright framework to identify areas that might be deemed to create barriers to innovation and to make recommendations to resolve any problems identified. The ‘fair use’ doctrine was also to be examined to see if it would be appropriate in an Irish/EU context.

The Committee conducted an initial consultation during the summer of 2011 and received submissions from a broad spectrum of interested parties. It published a comprehensive Consultation Paper in February 2012 which set out the issues advanced in the submissions, and requested responses to specific questions. Further information was sought from interested parties by the Committee under the broad headings of Rights-holders, Collecting Societies, Intermediaries, Users, Entrepreneurs, Heritage Institutions and Fair Use. A public meeting was held on 24th March 2012 for the purpose of facilitating discussion in relation to the Consultation Paper. In the region of 180 submissions were received by the closing date of 29 June 2012, in which many complex and substantial matters were raised. These are currently being appraised by the Committee.

The Department is in the process of publishing these submissions on the Copyright Review website. The Committee has indicated that it expects to present its final Report before March next year.

Workplace Relations Services Provision

Questions (309)

Seán Kyne

Question:

309. Deputy Seán Kyne asked the Minister for Jobs; Enterprise and Innovation if he will report on the progress made on the implementation of the new streamlined Workplace Relations Service; and when he hopes the service with be operational. [43433/12]

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Written answers

The Government is committed to the reform of the State’s Workplace Relations Services. The Reform Programme, which I announced in July, 2011, will among other matters, address a number of criticisms levelled over the years at the existing system. These include:

- Five organisations with overlapping, but completely separate, objectives and operations.

- Claims are often referred to the wrong forum or under the wrong statute.

- Lack of consistency between the bodies regarding degree of formality of hearings, rules of evidence and use of adversarial or inquisitorial procedures.

- Overly legalistic and so complex that experienced practitioners find it difficult to comprehend.

- Excessive delays.

- Duplication of functions between the bodies results in “forum shopping”.

- Poor value for money.

My objective is to establish a world-class Workplace Relations Service. I am happy to report that substantial progress has been made to date and a number of important priority actions have been successfully delivered within the target timescale. These include:

- A new single contact portal called “Workplace Relations Customer Services” has replaced the five separate entry points.

- Complaints are now acknowledged, on average, within a week of receipt. This was previously taking up to eight months in some cases.

- The employer is also notified, on average, within a week of the complaint being lodged thus increasing the possibility of a resolution being reached without the need for a hearing.

- There are now no backlogs for Rights Commissioner hearings.

- A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use.

- A new workplace relations interim website is in place.

- A pilot Early Resolution Service is now seeking to resolve disputes at an early stage without the need for adjudication.

- A major Business Process Review is at an advanced stage. This will identify the procedures, processes and systems which will underpin the new structures.

My intention is to continue to progress the reform programme. The next major step is to establish a two-tier Workplace Relations structure. This will involve two statutorily independent bodies replacing the current five. We will have a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court. The WRC will replace the LRC, NERA, the Equality Tribunal and undertake the first instance functions of the EAT. The labour Court will take on the appellate functions of the EAT. While considerable progress has been achieved to date on an administrative basis, completing the proposed reform requires the enactment of detailed legislation. This is necessary in order to provide the statutory basis for the new structures and processes.

Last year I undertook a public consultation process that concluded in September 2011. The responses, overall, demonstrated a strong consensus around the need for reform and the shape that reform should take. The many positive suggestions that emerged from that process have helped to inform the design and delivery of the reform to date. They also influenced the proposals set out in the Blueprint to Deliver a World-Class Workplace Relations Service (Blueprint) which I published in April of this year.

The Blueprint document set out, in considerable detail, how I propose to reform the workplace relations structures and processes. I published the Blueprint in order to provide a further opportunity for consultation. I am happy to have received 32 responses to the document. They include many supportive, useful and constructive suggestions and comments. All contributions made have received careful consideration and helped inform the preparation of the Policy Document – Legislating for a World-Class Workplace Relations Service which I submitted to the Oireachtas Committee on Jobs, Enterprise and Innovation in order to give the Committee an early opportunity to shape the legislation. I had a constructive dialogue with the Committee on the basis of the document.

Work has commenced on the legislative programme and detailed design to deliver the reform. A significant amount of work has been completed on the legislative programme and the General Scheme of Bill was approved by Government for priority drafting at the Cabinet meeting on 24th July, 2012. I expect publication before the end of quarter one of next year. This would enable the proposed new structures to be put in place by early 2013.

In the meantime, I intend to continue to progress the reform on an administrative basis. I am now proceeding to introduce a further tranche of specific projects and initiatives which can be progressed and implemented in advance of the enabling legislation. These include:

- Transfer responsibility for the Equality Tribunal from the Minister for Justice and Equality to myself

- Publish the permanent Workplace Relations Website to replace the six sites currently in place

- Establish a Single Hearings Management and Scheduling Unit

- Establish a Single/Shared Corporate Services Unit for the Workplace Relations Bodies.

- Provide a version of Workplace Relations Complaint Form that can be submitted online (e-Complaint Form)

- Enhance Adjudication Arrangements and reduction of backlogs in the Equality Tribunal

- Develop and deliver an accredited training programme for adjudicators

- Implement new business processes in the Workplace Relations Bodies

- Implement a Code of Practice and Conduct for adjudicators

- Introduce standard templates for Rights Commissioners’ decisions/Equality Tribunal and EAT Determinations

- Review and revise, as necessary, existing statutory instruments (SIs)

- Rationalise hearings venues

- Develop a Single Determinations Database

- Put in place a Single Complaints Management System

I am determined to progress the next phase of the reform and the enactment of the legislation with the same determination and priority that has delivered excellent results to date.

Work Permit Applications

Questions (310)

Seán Kyne

Question:

310. Deputy Seán Kyne asked the Minister for Jobs; Enterprise and Innovation if work is on-going on the creation of a visa for professionals in the ICT sector which is necessary in order that the world's top ICT companies can continue to be attracted and retained here. [43439/12]

View answer

Written answers

Irish labour market policy is to ensure that general labour and skills needs are met from within the workforce of the EEA (comprising of the Member States of the EU plus Norway, Iceland and Liechtenstein). Current Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand for strategic skills/labour shortages in designated occupations in key economic sectors such as healthcare, information technology and financial services.

ICT is a key sector for Ireland due to the importance of its on-going levels of employment and exports and its future potential. As such, the availability of high-level ICT skills for the ICT sector is of strategic economic importance to Ireland in terms of continued growth in investments from foreign companies.

However, recruitment challenges have emerged for high-level ICT skills and it is estimated that there are in excess of 1,500 job vacancies in the ICT sector. While increasing the supply of high-level skills from domestic sources is the most sustainable way forward in the long term, in the short term, companies will continue to rely on inward migration for sourcing ICT personnel. A range of employment permits initiatives have been put in place to address this skills issue. The Green Card Employment Permit Scheme is used by Ireland to meet labour market requirements where skills shortages have been identified by reference to analyses undertaken by the ESGFN. It is designed to attract highly skilled and highly paid individuals into the labour market with the aim of encouraging them to take up permanent residence in the State. Cognisance is also given to the strategic imperative of the missions of IDA Ireland and Enterprise Ireland, with priority being afforded to their clients.

The Intra-Company Transfer Employment Permit Scheme, introduced in 2007, facilitates the transfer of trans-national senior personnel between related companies. State agencies, including the IDA and Enterprise Ireland, consider this scheme to be very important in the context of foreign direct investment. Also, the Work Permits Employment Permit Scheme provides for a further channel for employers and prospective employees to source ICT skills.

Over 1,100 employment permits were issued in 2011 and just over 1,000 to-date in 2012, in respect of ICT skills with nearly 93% of applications being successful. In an effort to bridge the gap that currently exists, DJEI is at present reviewing its employment permits schemes in the context of simplifying employment permit applications and streamlining the application process for the ICT sector.

Redundancy Payments

Questions (311)

Gerald Nash

Question:

311. Deputy Gerald Nash asked the Minister for Social Protection when a redundancy payment will be made to a person (details supplied); and if she will make a statement on the matter. [42635/12]

View answer

Written answers

An application for a statutory redundancy lump sum payment in respect of the person concerned was received in September, 2012. Further information is awaited in relation to this claim. When all relevant information is received the claim will be processed.

Free Travel Scheme Administration

Questions (312)

Clare Daly

Question:

312. Deputy Clare Daly asked the Minister for Social Protection if she will consider implementing a scheme whereby immediate family members of patients who are in long term hospital care due to the seriousness or terminal nature of their illness, in specialist hospitals or facilities, far from the family home, will be furnished with a travel pass to enable them to visit [42702/12]

View answer

Written answers

The free travel scheme is currently available to all people living in the State aged 66 years or over, to carers and to people who are in receipt of certain disability type payments. The scheme permits customers to travel for free on most CIE public transport services, LUAS and a range of services offered by up to 90 private operators in various parts of the country. Customers of the scheme who are married, cohabiting or in a civil partnership receive a pass that allows their spouse/civil partner/cohabitant to travel with them for free. Certain incapacitated customers can get a companion pass which allows any person over age 16 years to accompany them for free.

There are currently in excess of 740,000 customers eligible for free travel and when spousal and companion passes are taken into account, there are over 1.1 million customers with some free travel eligibility. The cost of the scheme has risen substantially over the last 10 years from almost €46 million for almost 608,000 customers in 2001 to over €75 million for 726,000 customers in 2011. In line with the Government decision, expenditure on this scheme has been frozen since 2010.

In addition, under the supplementary welfare allowance scheme the Department of Social Protection may award a travel supplement to assist with ongoing or recurring travel costs that cannot be met from the client’s own resources and are deemed to be necessary. Where the travel costs are non-recurring, the supplementary welfare allowance scheme provides for exceptional needs payments to be made to assist with essential, once-off expenditure in exceptional circumstances. Every decision is based on consideration of the circumstances of the case, taking account of the nature and extent of the need and of the resources of the person concerned.

I am not in a position to consider any improvements to the Free Travel Scheme at this time. There are considerable challenges ahead to protect, as far as possible, the key income supports provided by my Department which impact in some way on the lives of almost every person in the State. To help ensure the future sustainability of the free travel scheme, a review is being carried out by officials from my Department, the Department of Transport, Tourism and Sport, the Department of Public Expenditure and Reform and the National Transport Authority. The review is in the early stages.

Employment Support Services

Questions (313)

Patrick O'Donovan

Question:

313. Deputy Patrick O'Donovan asked the Minister for Social Protection if her attention has been drawn to the fact that schools are receiving requests from third parties asking them not to comply with the jobbridge programme; the action she has taken to address this matter; and if she will make a statement on the matter. [42806/12]

View answer

Written answers

The JobBridge Scheme has made significant progress since it came into operation on the 1st July 2011. 10,777 internships have commenced to date with 4,994 participants currently on an internship as at 5th October 2012 and 2,292 opportunities presently advertised on www.jobbridge.ie. It is worth noting that 346 of these placements are in the education sector

Our records indicate that a significant proportion of the participants who have finished their JobBridge internship placement have immediately progressed into employment. These progression rates compare favourably with European averages in this area. Further information on outcomes will be ascertained as a result of the independent evaluation of the Scheme which is currently being undertaken by Indecon

Given the scale of the unemployment crisis, the key objective of Labour Market policy and of the NEAP will be to keep those on the Live Register close to the Labour Market and prevent the drift into long-term unemployment. This will ensure that Live Register members availing of activation measures such as the National Internship Scheme will, while retaining social welfare unemployment payments and a top up allowance of €50 get an opportunity to engage in the workplace.

It is widely accepted that internship opportunities provide a participant with the opportunity to gain valuable experience, relevant knowledge, enhance their skills and learn new ones within a working environment. JobBridge endeavours to provide every single person on an internship placement with a positive experience, building their confidence through work experience thus allowing them access to networking opportunities, a possible career path and enhanced career prospects. Accordingly JobBridge can assist individuals in breaking the unemployment cycle and be in a better position to avail of employment opportunities as the economy improves. It is a matter for each potential Host Organisation to manage and control applications from within their organisation. As a consequence it would therefore not be appropriate for JobBridge to comment on any external directives that may be issued to organisations.

Social Insurance Payments

Questions (314, 349, 367)

Seán Kyne

Question:

314. Deputy Seán Kyne asked the Minister for Social Protection if consideration can be given to introducing a new PRSI class of payment in Budget 2013 for self-employed persons in view of the fact that such a voluntary or optional contribution class would help provide supports for the self-employed who are currently unable to apply for most of the social welfare benefit-type schemes. [43441/12]

View answer

Joe Carey

Question:

349. Deputy Joe Carey asked the Minister for Social Protection if he will report on the progress that has been made in relation to making access to social welfare easier for self-employed people who become unemployed following the closure of their business; if the Advisory Group on Tax and Social Welfare reported back; when a decision will be made in respect of same; and if she will make a statement on the matter. [42975/12]

View answer

Denis Naughten

Question:

367. Deputy Denis Naughten asked the Minister for Social Protection the steps she is taking to assist self employed person to avail of social assistance payments; and if she will make a statement on the matter. [43332/12]

View answer

Written answers

I propose to take Questions Nos 314, 349 and 367 together.

In general the current system of social insurance operates on a mandatory basis only and does not provide for voluntary participation on the part of contributors. Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). Ordinary employees who have access to the full range of social insurance benefits pay Class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. (For employees earning less than €356 per week, the rate of employer’s PRSI is 4.25%).

The third Actuarial Review of the Social Insurance Fund, as at 31 December 2010, was completed by consultants KPMG in June 2012 and laid before each House of the Oireachtas on 24 August 2012. The Review covers a 55 year period from 2011–2066 and builds on the findings of the 2000 and 2005 Actuarial Reviews of the Fund. One of the issues examined in the 2010 Review was the long-term cost implications to the Social Insurance Fund (SIF) and the break-even contributions rates required to provide invalidity pensions to the self-employed and to provide jobseeker’s benefit for self-employed workers. The report found that the effective annual rate of contribution, or the required contribution as a percentage of salary, needed to provide the core full-rate State pension (contributory), which is the benefit currently available to self-employed contributors, is approximately 15%. This compares favourably with the 4% rate currently paid by the self-employed. An incremental increase in contribution rates from approximately 15% to 16% would be required if jobseeker’s benefit in addition to core State pension (contributory) is provided.

The average contribution rate required for the core State pension (contributory) plus jobseeker’s benefit and the invalidity pension is estimated to be in the region of 17.3%. The scope of the review did not extend to costing of these benefits on a voluntary or optional basis.

Any proposals to extend additional cover to the self-employed will have to be considered in a budgetary context, taking account of the finding of the Actuarial Review that the self-employed achieve very good value for money compared with the employed – when the comparison includes both employer and employee contributions in respect of the employed person. Last year I established the Advisory Group on Tax and Social Welfare to meet the commitment made in the Programme for Government. The Advisory Group will, inter alia, examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable.

The Advisory Group’s overall method of working is based on producing modular reports on the priority areas identified in the Terms of Reference. Where possible, the aim is to provide recommendations that can be acted upon in time for the annual budget, estimates and legislative cycle and to allow the Government to best address its commitments under the EU-IMF Programme of Financial Support. The Group has been considering the issue of social insurance coverage for the self-employed and will submit its report once its examination of the various questions has been completed.

Self-employed workers may establish eligibility to assistance-based payments such as jobseeker’s allowance and disability allowance. In the case of jobseeker’s allowance they can apply for the means-tested jobseeker’s allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general, their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year and, in the current climate, account is taken of the downward trend in the economy. As in the case of a non-self-employed claimant for jobseeker’s allowance or disability allowance, the means of husband/wife, civil partner or co-habitant will be taken into account in deciding on entitlement to a payment.

Community Employment Schemes Funding

Questions (315)

Tony McLoughlin

Question:

315. Deputy Tony McLoughlin asked the Minister for Social Protection with regard to local Social Employment Schemes formerly under FÁS, if she will consider measures to change where local community group members are been asked by Banks to act as guarantors because the last month's wages payments of a scheme are withheld pending audits; if she will engage with community groups to ensure a better system can operate between the scheme operators, her Department and the Banks. [42599/12]

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Written answers

Community Employment (CE) schemes work on annual contracts. As part of the contract, the CE Sponsoring organisation is given an advance payment at the project commencement (called the Initial Grant) equivalent to 8 weeks estimated wages to cover the initial wages for the Supervisor and participants (paid on a current week basis) and other set-up costs (insurance costs, start-up materials, training etc.). The CE project year is divided into 13 four-week pay cycles. The Sponsor can claim the actual wages paid out in each 4-week cycle at the end of that cycle. The advance payment/Initial Grant is clawed back in tranches over 8 cycles and the 13th Cycle payment is withheld pending the audit/final reconciliation being carried out of the project finances at the end of the 12th cycle. On completion and sign-off of the audit, a final payment is issued to cover Cycle 13 taking account of any net over/under payment up to Cycle 12.

The speed with which the final payment is processed is dependent on how quickly the sponsor presents a satisfactory completed audit. Sponsors are aware of this and should plan to avoid any unnecessary delays. The Department has recently revised the rules regarding the bank account used for the CE project to take account of the difficulties experienced. Previously a new bank account was required for each project year. Now a single bank account can be used on a rolling basis, greatly simplifying the process and maintaining better cashflow, as the next project year’s advance will be lodged to the single account minimising the overdraft exposure of the Sponsor.

Pension Provisions

Questions (316)

Brendan Griffin

Question:

316. Deputy Brendan Griffin asked the Minister for Social Protection if a review of the rate of non contributory pension will be carried out in respect of persons (details supplied) in County Kerry; and if she will make a statement on the matter. [42600/12]

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Written answers

The Social Welfare Appeals Office has advised me that appeals by the persons concerned were registered in that office on 20th December 2011 and 9 February 2012 respectively. 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 29th May 2012 and the cases have 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.

Redundancy Payments

Questions (317)

Brendan Griffin

Question:

317. Deputy Brendan Griffin asked the Minister for Social Protection when redundancy payment will be made available to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [42601/12]

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Written answers

An on-line application for a redundancy lump sum payment in respect of the person concerned was submitted in August 2012. An application for a redundancy payment is not valid until a hard copy of the signed form is received by the Department. In this case the signed form was received on 19 September 2012. The target for processing on-line lump sum claims is 6 to 8 weeks and that target is currently being achieved. We would expect therefore that this claim will be processed before the end of November, 2012.

Social Welfare Code

Questions (318)

Clare Daly

Question:

318. Deputy Clare Daly asked the Minister for Social Protection her views regarding that fact that social welfare payments are not being made to civil servants who ended a career break in June 2012 as a result of inadequate PRSI contributions being paid on their behalf; and if she will consider a back dated payment of these contributions as being acceptable to rectify the situation. [42610/12]

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Written answers

In order to qualify for short-term social insurance benefits, such as jobseeker’s benefit, an individual must have the minimum number of paid PRSI contributions as an employee in the relevant tax year, being the second last complete tax year before the year in which entitlement to benefit is being sought. Where an individual has inadequate or insufficient paid PRSI contributions to meet the conditions of the relevant scheme, there is no provision to allow back dating of contributions to facilitate qualification for social insurance benefits. The individual in question may qualify for an assistance-based payment which takes account of the means of the individual and is dependent on whether the individual satisfies the qualifying conditions for the scheme. In assessing the means of an individual, the means of husband/wife, civil partner or co-habitant will be taken into account in deciding on entitlement to a payment.

Farm Assist Scheme Applications

Questions (319)

Billy Timmins

Question:

319. Deputy Billy Timmins asked the Minister for Social Protection the position regarding farm assist in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [42615/12]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3 August 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 and the case was referred to an Appeals Officer on 1 October 2012 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.

Questions (320)

Niall Collins

Question:

320. Deputy Niall Collins asked the Minister for Social Protection the position regarding domiciliary care allowance in respect of a person (details supplied) in County Cork [42621/12]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 4th January 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 the 21st April 2012 and the case has been referred to an Appeals Officer who will make a summary decision on the appeal based on 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.

Disability Allowance Eligibility

Questions (321)

Catherine Murphy

Question:

321. Deputy Catherine Murphy asked the Minister for Social Protection if the delay in doing medical assessments is due to the availability of suitably qualified medical assessors; if it is intended to recruit medical assessors, if so, the number and in what locations; the number of medical assessors currently employed by her Department and in what locations; and if she will make a statement on the matter. [42626/12]

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Written answers

There is a current cadre of 27 Medical Assessors including the Chief Medical Advisor and the Acting Deputy Chief Medical Advisor. The Medical Assessors are fully qualified and experienced medical practitioners who must have at least 6 years satisfactory experience in the practice of medicine since registration with the Medical Council. Many of the Medical Assessors have specialist post-graduate qualifications and all have experience/training in Human Disability Evaluation.

The delay in processing medical assessments is due to a number of factors such as the increase in volume of customer claims to particular schemes, the time involved in assessing cases where there is lengthy medical evidence to be assessed and the recent retirement of 4 of the Medical Assessors. The Department is addressing this issue and is currently in the process of recruiting the first 3 Medical Assessors from a panel of 14 which was set up following a competition as arranged by the Public Appointments Service. These will be based in Dublin and Longford. The first of these new Medical Assessors is due to commence work in Dublin on 1st November 2012.

The breakdown in location of those currently employed is as follows: The Chief Medical Advisor and the Acting Deputy Chief Medical Advisor are based in headquarters in Dublin; 9 Medical Assessors are also based in Dublin; 3 Medical Assessors are based in Cork; 3 Medical Assessors are based in Longford; 2 Medical Assessors are based in Galway; and 1 Medical Assessor is based in each of Kilkenny, Letterkenny, Limerick and Waterford.

One of the Longford based Medical Assessors is on maternity leave at present. The Medical Assessors also carry out in person assessments of customers in the 48 Medical Review and Assessment Centres located around the country. Regardless of their location, all of the Medical Assessors have access to the Medical Review and Assessment Case Management System where they complete desk assessments of medical evidence submitted in relation to customer claims, appeals and reviews. Priority is given to urgent cases as required.

Mortgage Arrears Proposals

Questions (322, 376, 380)

Paul Connaughton

Question:

322. Deputy Paul J. Connaughton asked the Minister for Social Protection the reason suitably qualified financial services practitioners have been excluded from the new advisory service for mortgage holders in difficulty, which has been confined to accountants; his plans to change this; the qualifications deemed suitable; and if she will make a statement on the matter. [42689/12]

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Seán Fleming

Question:

376. Deputy Sean Fleming asked the Minister for Social Protection the reason financial brokers have been excluded from offering their services as part of the new advisory service for mortgage holders; if this matter will be reviewed and the reasons for this decision; and if she will make a statement on the matter. [43445/12]

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Seán Fleming

Question:

380. Deputy Sean Fleming asked the Minister for Social Protection the reason financial brokers have been excluded from offering their services as part of the new advisory service for mortgage holders; if this matter will be reviewed and the reasons for this decision; and if she will make a statement on the matter. [43468/12]

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Written answers

I propose to take Questions Nos. 322, 376 and 380 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 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. While the advisory framework will be monitored on an on-going basis, it is not intended to conduct a full review of the service before the due date of June 2013. The review will be undertaken to ensure that it is meeting its objectives and will encompass all aspects of the service including if participation is extended to other interested parties, the criteria that would be required in terms of relevant qualifications, experience, independence, professional indemnity insurance, etc. The accountancy bodies have notified their members about the new service and a panel is available on a county by county basis on the website www.keepingyourhome.ie.

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