Written Answers Nos 82-100
82. Deputy Frank Feighan asked the Minister for Public Expenditure and Reform if he will provide an update on work at Boyle Abbey in Boyle, County Roscommon and when is it envisaged work will be completed in this project; and if he will make a statement on the matter. [6496/13]
View answerThe major part of the work on the conservation project at Boyle Abbey has now been successfully completed. Residual works at the site to restore it to a full presentation state, including the removal of a spoil heap and works hoarding, will be completed shortly, in time for the 2013 Visitor season.
Additional works in respect of the provision of new Guide accommodation / disabled toilet facilities and Universal Access measures at the site are scheduled to be completed later in 2013, subject to archaeological assessment and approval.
83. Deputy Michael Lowry asked the Minister for Public Expenditure and Reform if his attention has been drawn to an ongoing project by the Office of Public Works to tackle a flooding issue (details supplied) in County Tipperary; the current status of this project; if agreement has been received from all parties to allow works to commence; if he will provide a timeframe for the completion of this project; if he will confirm if sluice gates have been manufactured for this site and area ready for installation; and if he will make a statement on the matter. [6529/13]
View answerThe position and progress regarding the project to install sluice gates beside the weir to alleviate flooding at this location was set out fully in my reply of 5 December 2012 to your representations on this matter.
I am advised that the sluice gates have been manufactured and are ready for installation.
Agreement has been reached with a number of parties and discussions are continuing with the other parties involved.
Subject to agreement with all parties and permissions from Inland Fisheries Ireland and the National Parks and Wildlife Service being in place, the OPW intends to commence the installation of the sluice gates in the early Summer of this year.
84. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation following the recently published Migrant Rights Centre Ireland Report December 2012 Part of the Family which illustrates the way the unregulated au pair system is being used to facilitate cheap childcare and that leaves au pairs without basic protections, if he intends to address the issue of au pairs here; and if he will make a statement on the matter. [6485/13]
View answerThere is no definition of the term “Au-Pair” in Irish employment rights legislation.
The National Employments Rights Authority (NERA) investigates complaints in relation to breaches of employment law. Any complaints received by NERA in relation to Au Pairs would first be examined using the “Code of Practice for Determining the Employment or Self-Employment Status of Individuals” in order to determine whether or not the person is in fact an employee.
If the person is determined to be an employee, they enjoy the full protection of Irish Employment Law, and the NERA inspection and enforcement procedures operate in the normal way. A Code of Practice for Protecting Persons Employed in Other People’s Homes (S.I. No. 239 of 2007) is in place and can be accessed on NERA’s website.
Section 20 of the Protection of Employees (Part-Time) Work Act 2001 provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a legal contract of employment that provides for his or her being employed in the State or who works in the State under a legal contract of employment. Therefore, once it is clear that a person is working under such a contract of employment in another person’s home, on a full-time or part-time basis, that person has the same protection under law as all other employees.
Where people have concerns that employees may be exploited or receiving less than their statutory entitlement, the matter should be reported to NERA for investigation.
I note that the MRCI report indicates that it is Au Pairs from outside the EU, and who hold student visas, that are facing increased vulnerability. The Department of Justice and Equality operates the student visa scheme. My Department does not currently issue employment permits for domestic workers; they are currently an ineligible category. The Department of Children and Youth Affairs have responsibility for childcare matters.
85. Deputy Nicky McFadden asked the Minister for Jobs, Enterprise and Innovation the number of industrial development agency visits which were made to Mullingar in 2012; the number so far proposed for 2013; and if he will make a statement on the matter. [6452/13]
View answerI am informed by IDA Ireland that it sponsored 7 site visits by potential investors to County Westmeath during 2012.
IDA Ireland has explained that, when considering where to locate their businesses in Ireland, potential investors usually undertake extensive research to inform their decisions and that such decisions are taken having regard to criteria such as the availability of transport and utilities infrastructure; suitably qualified personnel; professional business support services; and, zoned land and sites together with the potential to locate in existing industry clusters. In the main, companies indicate to IDA Ireland their location preferences following their own analysis.
The Agency has indicated that, in recognition of these, and in order to achieve regional economic development, it prioritises the marketing of Gateway locations, as outlined in the National Spatial Strategy, within each Region as the areas of critical mass and highlights the opportunities provided by Hub locations which are within commuting distances of these Gateways. In addition, IDA continues to promote other key locations as part of its marketing efforts and on an opportunistic basis and in response to specific client requirements.
Westmeath is part of IDA Ireland’s Midlands Region along with Counties Longford, Laois, Offaly, and Roscommon. In this region IDA prioritises the marketing of the linked Gateway of Athlone/Tullamore/Mullingar. Indeed, A project win in one Midlands location has a positive impact on the other surrounding areas due to the close proximity of all main locations.
There are currently 44 IDA Ireland client companies employing over 5,000 people in the Midlands Region. IDA Ireland has strong relationships with these companies and continues to work closely with them in order to ensure their long term sustainability and to encourage their growth, development and continuing re-investment in their sites.
In the light of the foregoing it is not possible for IDA Ireland to indicate, at this stage, the programme of sponsored site visits that the Agency will arrange for County Westmeath during 2013. I am aware, however, that Deputies on all sides of the House have expressed their concerns to me about the lack of site visits to certain regional locations and I propose to discuss this problem with IDA in the coming weeks.
86. Deputy Noel Coonan asked the Minister for Jobs, Enterprise and Innovation if he will outline the amount of funding that County Tipperary businesses received from Enterprise Ireland over the years 2010, 2011 and 2012; and if he will make a statement on the matter. [6453/13]
View answerThe amount of funding that County Tipperary businesses received from Enterprise Ireland over the years 2010, 2011 and 2012 is as follows:
EI Payments to Client Companies in Co. Tipperary
|
Year |
Total Co Tipperary Payments |
|
2010 |
€7,524,850 |
|
2011 |
€4,743,884 |
|
2012 |
€5,342,246 |
The table above reflects the fact that payments under the temporary Employment Subsidy Scheme and the Enterprise Stabilisation Fund terminated in 2010 in accordance with the rules governing the temporary State Aids Framework.
87. Deputy Nicky McFadden asked the Minister for Jobs, Enterprise and Innovation if he will outline the number of businesses in County Westmeath that have so far applied for and availed of the microfinance scheme, the credit guarantee scheme and the development capital scheme; and if he will make a statement on the matter. [6454/13]
View answerMicrofinance Ireland (MFI) opened for business on Monday 1st October 2012. MFI will publish 2013 quarterly reports on its website www.microfinanceireland.ie. No applications for loans had been received by MFI from Westmeath based companies as at 31st December 2012. MFI is actively promoting the availability of its loan fund, for microenterprises with less than 10 staff, and is focusing on a media campaign to raise awareness of the Scheme across the country.
The Credit Guarantee Scheme went live on Wednesday 24th October 2012. My Department will publish quarterly reports for 2013 on the Department’s website www.djei.ie. One Credit Guarantee Scheme Facility has been approved to an SME in Westmeath as at 31st December 2012.
Bank of Ireland, AIB and Ulster Bank are participating in the Guarantee Scheme. The Department and the Operator are in regular contact with the participating banks to improve take-up of the scheme, however, the Deputy will be aware that the Scheme will be demand-led. Potential borrowers are being advised to contact the participating banks directly. The Department will of course keep a close eye on developments in respect of the scheme as matters unfold.
With regard to the Development Capital Scheme, €225million in funding will be available to create funds that would invest between €2 million and €5 million in medium sized established companies by way of equity, quasi equity and/or debt.
Following an extensive due diligence process, the Board of Enterprise Ireland at its December 2012 meeting approved a number of commitments to Fund Managers, in principle. These Fund Managers are now in the process of fundraising and/or closing their funds, allowing them to commence investing in Irish companies. The timeline for this process is driven by the private sector.
The funds will be managed by private sector Fund Managers who will make investment decisions in the context of an agreed fund investment strategy. These Funds will be established and announced in the near term, and the Fund Managers will then commence investment. At this point no monies have been drawn down. It is forecast that approximately 50 Irish companies will receive investment to support their growth strategies.
88. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if he will review the application for work permits in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [6550/13]
View answerA spousal dependant permit application was received in my Department on 14th December 2012. Permits of this type can be issued to persons who are dependants of an eligible permit holder who have completed their education and have arrived in Ireland before their 18th birthday. Prior to making an application the applicant must have resided with the primary permit holder since the applicant’s arrival in the State.
The supporting documentation in respect of the application indicated that the dependant arrived in this country after their 18th birthday and in light of this the application was refused on 24th January 2013.
The applicant may seek a review of this decision in accordance with Section 13 of the Employment Permits Act, 2006, within twenty-one (21) days from the date of the refusal letter, i.e. by 14th February 2013. Any such submission, (addressed to the Appeals Officer, Employment Permits Section, Department of Jobs, Enterprise and Innovation, Davitt House, Adelaide Road, Dublin 2) will be considered on the basis of the evidence available to this Department and any further information of relevance that they may wish to submit.
Alternatively, the applicant may, subject to satisfying themselves of their eligibility, apply under a different type of employment permit. Details for eligibility under the Employment Permits system are available on my Department’s website, http://www.djei.ie/labour/workpermits.
90. Deputy Finian McGrath asked the Minister for Social Protection the position regarding a disability allowance in respect of a person (details supplied) in County Dublin. [6401/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 28th January 2013. 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. When received, the case 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.
91. Deputy Sandra McLellan asked the Minister for Social Protection if she will implement the changes necessary to ensure that Public Representatives currently on class K stamp are eligible to sign on for job seekers allowance or other assistance when they lose their seats, now that plans to make around 800 town councillors redundant with pending local Government reform; and if she will make a statement on the matter. [6403/13]
View answerOffice Holders, including members of a local authority within the meaning of the Local Government Act 2001 which includes town councilors, are liable to pay PRSI at the Class K rate of 4% on remuneration received in their capacity as an Office Holder. Class K PRSI is payable on all such income provided it exceeds €5,200 per annum. PRSI contributions made under Class K do not give rise to entitlement for social insurance benefits.
Where an individual ceases to be an Office Holder, they may qualify for assistance as a jobseeker. The jobseeker's schemes provide income support for people who have lost work and are unable to find alternative employment. It is a fundamental qualifying condition for these benefits that a person must be available for full-time work. Jobseeker’s Allowance is a means-tested payment available to persons who are involuntarily unemployed and are available for and genuinely seeking full-time work. Under current arrangements any person, including former public representatives, who satisfies these criteria may, subject to the circumstances of an individual case, qualify for Jobseeker's Allowance.
Persons who cease to be covered by compulsory social insurance, including Office Holders, may opt to protect their existing long-term social insurance pension entitlements by becoming insured on a voluntary basis and paying Voluntary Contributions. Payment of Voluntary Contributions does not provide social insurance cover for short term benefits such as jobseeker’s benefit. Persons who wish to become a Voluntary Contributor must satisfy certain contributions and must apply to become a Voluntary Contributor within 12 months after the end of the contribution year in which they were last compulsory insured.
92. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on invalidity pension in respect of a person (details provided) in County Kerry; and if she will make a statement on the matter. [6406/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 21st November 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. When received, the case 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.
93. Deputy Seán Kenny asked the Minister for Social Protection when an appeal against disallowance of jobseeker's allowance in respect of a person (details supplied) in Dublin 5 will be heard; and the current position regarding an application for supplementary welfare allowance. [6429/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence partially allowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the Appeals Officer decision.
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.
96. Deputy Joanna Tuffy asked the Minister for Social Protection if she will provide details, in tabular form, of the number of people in receipt of farm assist for the years 2011 to 2012; the amount paid out for farm assist for the years 2011 - 2012 in tabular form; if she will provided it on a county by county basis; and if she will make a statement on the matter. [6434/13]
View answerThe information requested by the Deputy is collated by my Department annually for inclusion in the Statistical Information on Social Welfare Services report. Work has commenced on the compilation of data for the production of the 2012 report. However, the most recent data on recipients of farm assist on a county basis available, at present, is for the year 2011. This information is listed in the attached tabular statement together with the total number of recipients at 31 December 2012, the total expenditure in 2011 and the current provisional outturn of expenditure in 2012.
Farm Assist
|
County |
31st December 2011 |
|
Carlow |
95 |
|
Cavan |
407 |
|
Clare |
643 |
|
Cork |
957 |
|
Donegal |
1,491 |
|
Dublin |
35 |
|
Galway |
1,137 |
|
Kerry |
819 |
|
Kildare |
53 |
|
Kilkenny |
154 |
|
Laois |
177 |
|
Leitrim |
377 |
|
Limerick |
247 |
|
Longford |
258 |
|
Louth |
84 |
|
Mayo |
1,869 |
|
Meath |
82 |
|
Monaghan |
545 |
|
Offaly |
133 |
|
Roscommon |
433 |
|
Sligo |
315 |
|
Tipperary |
402 |
|
Waterford |
96 |
|
Westmeath |
193 |
|
Wexford |
255 |
|
Wicklow |
76 |
|
Others |
0 |
|
Totals |
11,333 |
|
Total Recipients at 31 December 2012 |
11,162 |
|
- |
2011 €000 |
Provisional Outturn 2012 €000 |
|
Scheme Expenditure |
113,724 |
108,168 |
97. Deputy Nicky McFadden asked the Minister for Social Protection if she has considered the Free Legal Advice Centres report on the reform of the social welfare appeals system; if the recommendations are being considered by her; and if she will make a statement on the matter. [6455/13]
View answerThe Social Welfare Appeals Office is a separate executive office with its own premises and staff which operates independently of the Department and the Minister.
One of the recommendations relates to the independence of the SWAO. The appeals process has a statutory basis in both primary and secondary legislation and Appeals Officers are quasi-judicial officers and are required to be free and unrestricted in discharging their functions. As far back as 1958, the Supreme Court found that Appeals Officers are required to free and unrestricted in the performance of their duties. The high level of appeals allowed (54% in 2012) is evidence of the independence of the process. There are no plans to take legislative steps to change the method by which Appeals Officers are appointed.
The report also criticises the delays being experienced by appellants. There was a rapid and sustained increase in the number of appeals from 2009 to date which has placed extraordinary pressure on the SWAO. Significant resources and efforts have been put into reducing backlogs and improving processing times for appellants, including the assignment of 15 additional Appeals Officers, improving business processes and implementing a new operating model.
As a result of these measures, there has been significant increase in the number of appeals finalised from an average of 13,500 to 32,558 in 2012 and processing times have been reduced by 10.3 weeks overall in 2012 with time for an oral hearing time down by 13 weeks and the time for summary decision up by 2.7 weeks. Of course, further improvement is needed. In that regard:
- The Chief Appeals Officer expects to finalise 6,000 more cases in 2013 than in 2012;
- There is a major programme of process redesign and modernisation currently underway in relation to many scheme areas which will reduce backlogs and will also reduce the time taken for the Department to respond to requests from the SWAO for submissions in relation to appeals;
- It is planned to recruit additional Medical Assessors in 2013 which will assist in reducing the time taken for appeals where a medical assessment is required.
All these measures together will reduce the waiting time for appellants.
Concern was expressed in the report that the higher number of summary decisions in 2011 indicated a move away from oral hearings. I am assured by the Chief Appeals Officer that the increases in the number of summary decisions in 2010 and 2011 was a result of having eight very experienced retired appeals officers working exclusively on summary decisions which had the effect of front loading summary decisions. The percentage of summary decisions was 69% in 2010 and 65% in 2011, the two years for which the retired officers were retained, and has since dropped to 60% in 2012.
In relation to consistency and transparency in decision making, this is addressed in a number of ways by the Department through training and communication and in relation specifically to the SWAO it is the statutory responsibility of the Chief Appeals Officer to convene meetings of Appeals Officers for the purpose of ensuring consistency.
The Department provides funding to a number of agencies involved in providing advocacy and information services to persons regarding their social welfare rights and how to process its systems.
98. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the refusal of carer's allowance/benefit in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [6473/13]
View answerI confirm that the department received an application for carer’s benefit from the person in question on the 13th March, 2012. A letter issued on the 31st May 2012 refusing the benefit on the grounds that the caree in question was not medically eligible for carer’s benefit and also that the level of care provided was not adequate for the provision of full-time care and attention as defined in carer’s benefit legislation.
The person in question subsequently appealed this decision. The outcome of the appeal was that while it was allowed on medical grounds it was disallowed on the provision of full time care and attention. Consequently, the claim remains disallowed.
99. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when jobseeker's allowance will be approved in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [6475/13]
View answerThe person concerned applied for jobseeker’s allowance on 29 January 2013. Her claim is being processed and she will be informed of the outcome in due course.
100. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which rent support is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [6476/13]
View answerThe Department has yet to receive a rent supplement application from the person concerned. An entitlement cannot be decided until an application has been provided to the Kildare Rents Unit. If the person concerned wishes to apply for rent supplement he should complete an application form and return it to the Kildare Rents Unit, PO Box 11758, Dublin 24.
