Written Answers Nos. 82-90
82. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation if he has any plans to consider changing the procedure of appealing decisions of the Employment Appeals Tribunal by the Circuit Court through the High Court; and if he will make a statement on the matter. [46682/12]
View answerThe Employment Appeals Tribunal (EAT) has jurisdiction under 18 separate pieces of legislation, some of which are lodged as direct claims to the Tribunal and others which come to the Tribunal by way of appeal or implementation of a Rights Commissioner’s recommendation/decision. Currently, if an employee or employer wishes to appeal a decision from the EAT the relevant court of appeal is dependent upon the type of legislation the original claim was taken under. Some legislation specifies that a decision of the EAT can be appealed to the Circuit Court for a de novo hearing and others specify that it can only be appealed to the High Court on a point of law. The procedure for appealing EAT Determinations is set out in Circuit Court Rules (www.courts.ie ).
An appropriate example of the procedure to which the Deputy refers would be the potential appeals path of an EAT Determination under the Unfair Dismissals Acts. This could currently involve an appeal with a fresh hearing to the Circuit Court which in turn could result in a further appeal and a fresh hearing by the High Court. The case may even have started out as a first instance case before a Rights Commissioner and in such circumstances the EAT hearing would indeed also have been an appeal involving a fresh hearing. Clearly this is not the best use of the resources of those making or defending complaints in the system or for the State.
As the Deputy 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 Labour Relations Commission, 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.
The Workplace Relations Bill which I hope to bring before the House in early 2013 will contain provisions in respect of the relevant procedures for appeals along the lines already outlined in the policy document ‘Legislating for a Worldclass Workplace Relations Service’ and also in my presentation before the joint Oireachtas Committee on Jobs Enterprise and Innovation last July. I intend proposing to the Oireachtas that all first instance complaints requiring adjudication will be heard by the Adjudication Officers of the new Workplace Relations Commission and any subsequent appeals will be heard by the Labour Court as a full fresh appeal. The Labour Court will act as a court of final appeal for all adjudication decisions of the Workplace Relations Commission, subject to the right of either party to bring a further appeal from a determination of the Labour Court to the High Court on a point of law only.
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. Since I announced my reform proposals we have undertaken two public consultation processes; published two policy documents; published a new website; introduced a single complaint form and single contact portal and commenced delivery of an Early Resolution Service. In addition we have prepared the Scheme of the Workplace Relations Bill and secured Government Approval for priority drafting of the Bill.
The pace and quality of the delivery of this important Reform Programme is proof that the public sector can be reformed in a way that can save money for the tax payer, while at the same time greatly improving services for users. The significant progress to date means we now have:
- A new single contact portal called “Workplace Relations Customer Services” dealing with all Workplace Relations complaints which 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. Again this was taking up to eight months;
- 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 www.workplacerelations.ie is in place;
- A pilot Early Resolution Service is now seeking to resolve disputes at an early stage without the need for adjudication.
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 so far.
83. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation the current status of the vacant unoccupied premises in County Kerry which were formerly operated by foreign direct investment companies and the location of each of these premises; the number of premises; the number of these premieses that are privately owned and the number owned by local government authorities and the location of advance factory premises in County Kerry; the efforts being made to attract jobs into each of the above mentioned premises in County Kerry; the unoccupied premises that have been visited by interested investors within the past three years and the progress made to attract jobs to these locations. [46785/12]
View answerIn accordance with its Horizon 2020 Strategy, IDA Ireland is aiming to create 62,000 new jobs in Ireland over the period 2010-2014, with 50% of these investments to be based in locations outside of Dublin and Cork. Central to this strategy is to build on existing regional strengths to ensure Ireland’s economic development, while optimising regional spread, in line with the National Spatial Strategy. In implementing its Strategy, IDA Ireland also continuously engages with existing client companies in Ireland in order to transform the existing foreign direct investment (FDI) base with a view to developing, retaining and growing employment opportunities in these companies.
IDA Ireland has assured me that it continues to promote Kerry as part of its marketing efforts in response to specific client queries and on an opportunistic basis. At the end of 2011 there were 12 IDA Ireland supported companies in Kerry employing 1,294 permanent staff. IDA Ireland’s engagement with these companies in respect of operational sustainability, job retention and in certain cases expansion opportunities are of key focus.
Details of available IDA land and buildings, privately owned manufacturing and office facilities in North and South Kerry are set out in the attached tabular statements.
IDA Ireland 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. IDA also works very closely with landlords/developers of existing property solutions, where requested, regarding development requirements and marketing options in order to best position such facilities for FDI opportunities.
With continuing enhancement and improvements in physical and digital infrastructure, an FDI project secured for one Gateway Economic Region has a positive impact on other Gateway Economic Regions and their surrounding areas. The recent Northern Trust announcement in Limerick creating some 400 jobs over a period will have a positive economic impact directly and indirectly on County Kerry.
I am informed by IDA Ireland that, from the period 1st January 2009 to date there were seven IDA sponsored site visits by potential investors to County Kerry. The Agency has assured me that it will continue to seek to attract new FDI opportunities to County Kerry in accordance with its Horizon 2020 Strategy.
Available Land and Buildings in North and South Kerry
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IDA Ireland Land Bank in North and South Kerry |
Shannon Development Land Bank in North Kerry |
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IDA Business & Technology Park, Killarney, Co. Kerry circa 3.97 ha (9.81 acres) |
Kerry Technology Park, Tralee, Co. Kerry circa 9.31 ha (23 acres) |
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IDA Estate, Killorglin, Co. Kerry circa 0.70 ha (1.73 acres) |
Listowel Business Park, Listowel, Co. Kerry circa 4.05 ha (10 acres) |
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IDA lands, Annascaul, Co. Kerry circa 0.57 ha (1.41 acres) |
Ballylonford Business Park, Ballylongford, Co. Kerry circa 121.40 ha (30 acres) |
Privately owned Manufacturing Facilities in North and South Kerry
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Caherciveen |
Former Wilson Sport Socks Facility circa 1,380 sq mt (15,000 sq ft) Farranfore |
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4 Business Park total of circa 4,508 sq mt (49,000 sq ft) |
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Kenmare |
Former Kenmare Timber Frame Plant circa 4,110 sq mt (44,672 sq ft) |
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Killarney |
Former Pretty Polly Facility (currently not on the market) Manufacturing Facility, IDA Business & Technology Park of circa 1,932 sq mt (21,000 sq ft) Fossa former Killarney Die Facility circa 2,024 sq mt (22,000 sq ft) Former Simpson Strong – Tie Facility, Killarney Road, Killarney circa 4,000 sq mt (43,056 sq ft) Tr |
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Tralee |
Former Amann Facility, Tralee, Co. Kerry circa 34,040 sq mt (370,000 sq ft) Former Ridgeview Facility, Monavalley Industrial Estate, Tralee, Co. Kerry circa 1,380 sq mt (15,000 sq ft) Former Wilson Socks Facility, Monavalley Industrial Estate, Tralee, Co. Kerry circa 1,380 sq mt (15,000 sq ft) Clash Industrial Estate (Unit 6B - sub-divided into two units) total size is circa 3,450 sq mt (37,500 sq ft) Former Goblin Facility, Tralee, Co. Kerry circa 7,820 sq mt (85,000 sq ft) |
Privately Owned Office Facilities in North and South Kerry
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Castleisland |
Former Aetna Facility, Castleisland, Co. Kerry circa 1,435 sq mt (15,598 sq ft) Unit 1 (A – K) Dingle Business Park, Dingle, Co. Kerry circa 347 sq mt (3,767 sq ft) |
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Killarney |
The Reeks Development, Killarney, Co. Kerry circa 1,656 sq mt (18,000 sq ft) Killarney Technology Innovation Centre (KTIC) various sizes available. |
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Listowel |
Listowel Business Development Centre (4 units available) overall size 374 sq ft (4,069 sq ft) |
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Tralee |
Centrepoint Office Development, Tralee, Co. Kerry circa 6,440 sq ft (70,000 sq ft) Innovation Works 1, Kerry Technology Park, Tralee, Co. Kerry circa 115 sq mt (1,250 sq ft) Innovation Works 2, Kerry Technology Park, Tralee, Co. Kerry circa 192 sq mt (2,088 sq ft) The Abbey Inn, Office Development, Tralee, Co. Kerry circa 373 sq mt (4,051 sq ft) Ridgeview Office Suites, Monavalley Industrial Estate, Tralee, Co. Kerry circa 552 sq mt (6,000 sq ft) |
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Serviced Office Tralee |
Tom Crean Business Centre, Tralee, Co. Kerry circa 414 sq mt (4,500 sq ft) |
84. Deputy Frank Feighan asked the Minister for Social Protection the position regarding carer's allowance in respect of a person (details supplied) and the reason for the delay in processing same. [46559/12]
View answerI confirm that an application was received from the person in question on 18th July 2012. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.
85. Deputy Róisín Shortall asked the Minister for Social Protection if her attention has been drawn to the difficulties in accessing a transition pension for members of the Civil Service who are due to retire aged 65 in January 2014, but who are unable to avail of a transition pension as it is also due to be abolished in January 2014; the alternative options available to civil servants affected by this anomaly, and if she will ensure that any such options are promoted in an open and transparent fashion for the benefit of those affected. [46568/12]
View answerThere are two main contributory State pension schemes – the State pension (transition) and the State pension (contributory). The State pension (transition) is paid to people aged 65 who have retired from work and who have the required number and class of social insurance contributions. State pension contributory (SPC) is paid at age 66 to those who meet the qualifying conditions.
The Social Welfare and Pensions Act, 2011 provides that State pension age will be increased gradually to 68 years. This will begin in 2014 with the abolition of the State pension (transition) thereby increasing State pension age for all to 66 years. The State pension age will be further increased to 67 years in 2021 and to 68 years in 2028. The State pension is the bedrock of the Irish pension system and these reforms are essential to address the challenges of increasing life expectancy and to ensure its sustainability. These changes apply to all fully insured employees, including some public servants.
The standardisation of State pension age at 66 and the abolition of State pension (transition) removes the retirement condition associated with State pension (transition) which acts as an incentive to leave the workforce and has been widely criticised as a barrier to older people remaining in employment. There is no retirement condition attached to the State pension (contributory) which is currently payable from age 66. Public servants (including civil servants) who are due to retire aged 65 in January 2014 will be able to draw their occupational public service pension at age 65.
The changes regarding State pension (transition) will have no impact on public servants (including civil servants) who are on modified social insurance. However, for those public servants (including civil servants) who are fully insured, their public service pensions (and contributions) are, like many occupational pension schemes, integrated (or co-ordinated) with social welfare benefits. This means the occupational pension paid is based on the assumption that the pensioner also receives the State pension (transition or contributory). Where this does not happen, a discretionary supplementary pension may be payable under the relevant public service pension scheme to bridge the gap. In this instance, a supplementary pension is only payable where the individual, through no fault of their own, does not qualify for social welfare benefit or qualifies at less than the maximum personal rate. It is therefore necessary to claim any available social welfare benefits in order to receive a supplementary pension.
Raising State pension age and the abolition of the State pension (transition) is a necessary step in ensuring the sustainability of pensions into the future. There is an important and significant policy background to these changes which is that with increases in life expectancy, more people are living to pension age and living longer in retirement. This has obvious and significant implications in relation to the future costs of State pension provision. The fundamental principle involved here is that people need to participate in the workforce for longer and they need to contribute more towards their pensions if they are to achieve the income they expect or would like to have in retirement.
86. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her plans to introduce legislation to amend the Civil Registration Act 2004 to allow registration of death in Ireland of Irish citizens who have died abroad. [46569/12]
View answer97. Deputy Finian McGrath asked the Minister for Social Protection her views on correspondence (details supplied) regarding the Civil Registration Act issue on Irish citizens who die abroad. [46680/12]
View answerI propose to take Questions Nos. 86 and 97 together.
Under the provisions and procedures governing the registration of deaths in Ireland, which are contained in Part 5 of the Civil Registration Act, 2004, if a death occurs in the State it is the duty of a qualified informant (normally a relative of the deceased) to attend at a registrar’s office and register the death on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner’s certificate.
In general, only deaths which occur within the State can be registered. However, Section 39 of the Act provides for the following exceptions:
The death of an Irish citizen on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State;
The death of a person on board an Irish aircraft or an Irish ship;
The death of a member of the Garda Síochána or the Permanent Defence Force or of the spouse or specified members of the family of such a member outside the State while the member is serving outside the State as such member.
Usually, when an Irish citizen dies abroad, the death is registered by the civil authorities of the place where the death occurred, and a certified copy of the death registration is obtainable. This certificate, translated, if necessary, is normally sufficient for all legal and administrative purposes here and for these reasons alone there is no necessity for the death to be registered in the State.
Section 38 of the Act makes provision for the registration of a death of an Irish citizen domiciled in the State in certain specific circumstances. Where the death of an Irish citizen domiciled in the State occurs abroad, the death may be registered here if there was not at the time of the death a system of registration of deaths in the place where the death occurred, or such a system that applied to such a death, or it is not possible to obtain copies of or extracts from civil records of the death, i.e. a death certificate. In other words, if the death could not be registered or if a death certificate could not be obtained, the death can be registered here.
The number of Irish citizens who are domiciled in Ireland and who die abroad is relatively small in the context of total deaths occurring here in any given year. My understanding is that the vast majority of these people were travelling abroad for leisure or business purposes. I am aware that the Oireachtas Committee on Social Protection has recommended amending the current legislation in order to enable deaths of Irish citizens who have died abroad to be registered here.
Any broadening of the current provisions will require careful consideration. It will be appreciated that the number of people who live and die in other countries and who have or are entitled to have Irish citizenship is very large. This would have implications both for the registration process itself and for the vital statistics relating to deaths which are derived from registered events. This issue is currently being considered in my Department along with a number of other proposed amendments to the Civil Registration Act (2004) and in this regard it is hoped that legislation will be introduced in 2013.
87. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if persons who transferred from a one parent family payment onto a community employment scheme during the summer months and who were entitled to fuel allowance last fuel season are entitled to a fuel allowance now that the fuel season has commenced in keeping with the premise that you should not lose secondary benefits by virtue of participation on CE. [46580/12]
View answerYes. Persons who transferred from a one parent family payment onto a community employment scheme since the 16th January 2012 and who were entitled to fuel allowance in the last fuel season and are entitled to a fuel allowance this season can receive the additional payment on top of their CE allowance.
90. Deputy Pat Deering asked the Minister for Social Protection when a person (details supplied) will receive a decision on their application for carer's allowance; and if she will expedite an answer, [46601/12]
View answerI confirm that the Department received an application for carer’s allowance from the person in question on the 7th December 2011. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.
