Tuesday, 24 Feb 2015

Written Answers Nos. 268 - 284

Equality Tribunal Cases

Questions (268)

Clare Daly

Question:

268. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the annual budget of the Equality Tribunal; the number of staff employed; and the number of cases dealt with in 2014. [7731/15]

Written answers

Minister for Jobs, Enterprise and Innovation

The 2014 budget allocation for the Equality Tribunal was €1.955 million. The number of staff employed in the Tribunal at the end of 2014 was 21.6 full time equivalents (FTEs), a number of which are assisting with Workplace Relations Reform projects. The Tribunal had 730 new cases referred to it in 2014 and closed 506 cases.

Carer's Benefit Eligibility

Questions (269)

Terence Flanagan

Question:

269. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the steps he will take to make employees aware of their entitlement to carer's benefit and carer's leave; and if he will make a statement on the matter. [7813/15]

Written answers

Minister for Jobs, Enterprise and Innovation

The National Carer’s Strategy published in 2012 by the Department of Health, sets out the strategic direction for policies, services and supports provided for carers. This strategy, prepared in consultation with carers, established the key priorities to support carers given scarce resources and a Carers’ Forum is held annually to continue to give carers a voice at policy level.

The Department of Social Protection actively promotes its services, including the Carer’s Benefit Scheme, through its network of Local Offices and Citizens Information Offices. That Department is committed under the National Carer’s Strategy to publicise the supports available to carers, and will attend events during 2015 to promote the schemes available. The Department of Social Protection facilitates the annual Carer’s Forum and frequently liaises with carers support groups throughout the country. Detailed information on Carer’s Benefit and Carer’s Leave is available on that Department’s website at www.welfare.ie.

My Department, through the information and support services for employees and employers available at www.workplacerelations.ie will continue to provide information on employment rights, including the Carer’s Leave Act 2001, and I will continue to encourage employers and employees to provide flexible workplaces that meet the needs of both the employer and employees.

Workplace Relations Services

Questions (270)

Terence Flanagan

Question:

270. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if consideration will be provided to implementing an initiative, similar to the Carer Positive initiative in Scotland, which recognises employers who offer support to working carers and encourages them to allow working carers the flexibility they need to balance employment with their caring responsibilities at home; and if he will make a statement on the matter. [7814/15]

Written answers

Minister for Jobs, Enterprise and Innovation

I understand that Carers Scotland, a charitable organisation, has received funding to develop Carer Positive, a ‘caring for carers’ kitemark to recognise employers who offer the best support to carers, allowing them the flexibility they often need to deliver care at home. I understand it is overseen by an Advisory Group of key stakeholders that have supported the development of the kitemark. This has included the NHS; Scottish Chambers of Commerce; Scottish Council for Development and Industry; Federation of Small Businesses; Institute of Directors; the Chartered Institute of Personnel and Development; Carers organisations; British Telecom; British Gas; HMRC, the Scottish Court Service, STUC; Unison; Healthy Working Lives and ‘see me’ Scotland.

In Ireland, the National Carer’s Strategy published in 2012 by the Department of Health, sets out the strategic direction for policies, services and supports provided for carers. This strategy, prepared in consultation with carers, established the key priorities to support carers given scarce resources and a Carers’ Forum is held annually to continue to give carers a voice at policy level. I am not aware of any proposals to divert funds to replicate the Scottish position at this time.

My Department, through the information and support services for employees and employers available at www.workplacerelations.ie will continue to provide information on employment rights, including for example the Carer’s Leave Act, 2001, and I continue to encourage employers to provide flexible workplaces that meet the needs of both the employer and employees.

Tax Code

Questions (271)

John McGuinness

Question:

271. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation if his Department will investigate the case of a person (details supplied) in County Kildare in respect of that person's employment. [7998/15]

Written answers

Minister for Jobs, Enterprise and Innovation

Following clarification, I understand that the question relates to the payment of tax and pay related social insurance (PRSI) while an employee is out sick. In general, an employee has no right under employment law to be paid by their employer while on sick leave. Consequently, it is at the discretion of the employer to decide his/her own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment. Under Section 3 of the Terms of Employment (Information) Act 1994, an employer must provide an employee with a written statement of terms of employment within two months of the commencement of the employment. One of the terms referred to in this Act on which the employer must provide information is any terms or conditions relating to incapacity for work due to sickness or injury and paid sick leave. The terms of employment should also include a reference to any Collective Agreements that may be in place which may contain a provision regarding sick pay.

A person my get Illness Benefit from the Department of Social Protection if they cannot work because they are sick or ill and meet the qualifying conditions. I am informed that Illness Benefit is considered to be income for tax purposes.

The questions as to liability for payment of PRSI is a matter for my colleague, An Tánaiste, Joan Burton T.D., Minister for Social Protection.

Action Plan for Jobs

Questions (272)

Fergus O'Dowd

Question:

272. Deputy Fergus O'Dowd asked the Minister for Jobs, Enterprise and Innovation the position regarding Drogheda in County Louth with respect to the recently announced jobs strategy; the reason Drogheda, which is the biggest town in the county, has not been included by name in this strategy; if it will be included; if he will meet Drogheda Chamber of Commerce as a matter of urgency to resolve this issue; and if he will make a statement on the matter. [8115/15]

Written answers

Minister for Jobs, Enterprise and Innovation

On 11 February, the Government announced details of the Action Plan for Jobs: Regional initiative which will seek to maximise the strengths and assets of each region to support enterprise growth and job creation. The Regional Action Plans will identify specific measures that can be taken to help each region to realise its economic potential, with a view to increasing the number of people at work in the region. My objective is that six Regional Action Plans, including one for the Border region, will be launched by July, with two remaining Plans in development at that stage.

In launching the Action Plan for Jobs: Regional initiative, I announced that new funding of up to €250 million will be made available over the next five years to support job creation through enterprise growth in the regions. This sum includes €150 million for an IDA property investment programme to attract foreign direct investment into the regions, and €100 million to Enterprise Ireland to support indigenous enterprises to start up, grow and export.

As part of IDA’s capital investment programme, a total of nine locations were identified in the recent announcement as headline investments to occur in the period 2015-2017; these investments include facilities at Sligo and Dundalk within the Border Region.

IDA regularly assesses property requirements in Regions and has identified locations where quality building and site solutions would enhance the winning of FDI for a region, commencing with identified locations over the next 3-5 year period. The locations identified provide a good offering to companies seeking to invest, for example- a good population base, the presence of a third level college, an existing base of FDI and indigenous companies and good transportation links.

In addition, it should be noted that the Advance Facilities announced recently represent less than half of the total investment in property solutions as part of the new IDA Strategy. Significant resources will be invested in utility intensive strategic sites which have a track record of attracting FDI as well as a substantial upgrade of large sections of the existing Business Park network to ensure an attractive suite of investment location options are available to potential investors.

Consultation with local stakeholders will be an essential part of the process of developing the Regional Action Plans for Jobs. In this context, officials from my Department and the Enterprise Development Agencies will consult with all relevant bodies who can assist in the development of these Regional Action Plans, including the local Chambers of Commerce. The local Chambers can also play an important role in promoting and delivering actions to support enterprise development and job creation in each region. I look forward to the contribution they can make, throughout the country, to the Regional Action Plans for Jobs.

International Bodies Membership

Questions (273)

Michael Colreavy

Question:

273. Deputy Michael Colreavy asked the Minister for Jobs, Enterprise and Innovation if there has been any movement towards Ireland joining the CERN project; and the amount this would cost the Exchequer. [8212/15]

Written answers

Minister for Jobs, Enterprise and Innovation

International linkages are a crucial component of a national innovation system. In this context membership of international research organisations can play an important role in enhancing and supporting the effectiveness and output of Ireland’s innovation system. However, Ireland’s membership of international research organisations must be predicated on whether the benefit of membership, in terms of supports to Irish researchers, companies and jobs, justifies the costs involved. My Department is currently undertaking a review of Ireland's membership of international research organisations. The review encompasses those international research organisations of which Ireland is currently a member as well as those – including CERN – to which we do not subscribe at present. The extent to which membership might support national strategic objectives will be considered, particularly in the light of the development of a successor strategy to the Strategy for Science, Technology and Innovation 2006-2013.

Concerning the cost to the Exchequer if Ireland were to join CERN, our current understanding is that the annual cost of full membership of CERN would be in the region of €10m. CERN also provide an associate membership option. Normally, the cost of this would start at 25% of the full cost of membership in Year 1, increasing incrementally until reaching the 100% level in Year 4.

Coillte Teoranta Lands

Questions (274)

Denis Naughten

Question:

274. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine in view of Coillte Teoranta being issued last week with an urgent enforcement notice by Roscommon County Council requiring it to vacate within 24 hours a wind farm construction site on Sliabh Bán, County Roscommon, if he will direct the company to urgently review its compliance with planning regulations; and if he will make a statement on the matter. [7834/15]

Written answers

Minister for Agriculture, Food and the Marine

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as construction works on wind farm sites , are the responsibility of the company. The matter outlined in the question was, however, raised with Coillte and the company advised that on the 26th January Coillte commenced minor enabling works on Sliabh Bawn, as a precursor to the construction of the Sliabh Bawn wind farm project, which is scheduled to commence in late Spring. These works were commenced on the basis of Coillte’s understanding that a Commencement Notice under the Planning Regulations was not required, given that the works were minor in nature and did not constitute the commencement of the main development.

When contacted by Roscommon County Council on the 10th February, on foot of concerns expressed to them that the minor enabling works did in fact constitute commencement of the main project, Coillte offered to cease works as soon as it was verbally informed of the Council’s concerns and the site had been vacated by Coillte by the time the Enforcement Notice was formally received on the 11th February.

I am further advised by the company that prior to the commencement of projects of the scale of Sliabh Bawn wind farm, it is not uncommon to carry out some minor preparatory enabling works in advance, which are not normally considered commencement of the main development. The main development works on Sliabh Bawn wind farm are not scheduled to commence until late Spring.

Works will remain suspended until Coillte has issued the formal Commencement Notice commensurate with the development of the main works, in full compliance with the Planning Regulations.

Agriculture Scheme Payments

Questions (275)

Brian Walsh

Question:

275. Deputy Brian Walsh asked the Minister for Agriculture, Food and the Marine the position regarding 2014 payments due in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [7663/15]

Written answers

Minister for Agriculture, Food and the Marine

My Department received two Transfer of Entitlements applications on 7 May 2014 and 15 May 2014 respectively to transfer 9.28 standard entitlements by way of sale and 5.16 standard entitlements by way of gift to the above herd number from another herd number. Both applications for the transfer of entitlements have been processed and payment has issued in respect of the 9.28 purchased entitlements. With regard to the transfer application of the 5.16 gifted entitlements, it was necessary to request additional information from the original owner in order to have the application completed. This detail has now been provided and payment to the person named will issue shortly.

Harbours and Piers Funding

Questions (276)

Pádraig MacLochlainn

Question:

276. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine when funding will be provided for the completion of the breakwater at Greencastle, County Donegal. [7670/15]

Written answers

Minister for Agriculture, Food and the Marine

Greencastle harbour is in the ownership of Donegal County Council and responsibility for its development, repair and maintenance rests with the Local Authority in the first instance. My Department, however provides funding for the development and repair of Local Authority owned piers, harbours and slipways under the annual Fishery Harbour and Coastal Infrastructure Development Programme subject to available Exchequer funding and overall national priorities.

The Fishery Harbour and Coastal Infrastructure Development Programme for 2015 is currently under consideration. At this point no decisions have been made on the issuing of a call to Local Authorities for projects for 2015.

Any application submitted by Donegal County Council in respect of Greencastle under a Local Authority capital programme in 2015 or future years, will be given consideration in the context of the criteria set out, available Exchequer funding and overall national priorities.

Installation Aid Scheme Eligibility

Questions (277)

Robert Troy

Question:

277. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine the measures he has put in place to support old young farmers who missed out on the installation grant in 2008 and, in view of the fact that they have been farming in excess of five years, are missing the incentives for new young farmers under the Common Agricultural Policy. [7677/15]

Written answers

Minister for Agriculture, Food and the Marine

I am aware that there is a group of young farmers who established their holdings in 2008 and 2009 and who missed out on the Installation Aid scheme which closed to applications in 2008. I intend to prioritise their applications under the Targeted Agricultural Modernisation scheme (TAMS), with grant-aid payable at 40%, being introduced under the new RDP.  EU Commission approval is awaited on the proposed schemes under TAMS. Under Pillar 1 the Regulation provides that young farmers and new entrants are priority categories under the National Reserve. It also provides scope to include an optional provision whereby Member States may use the National Reserve to allocate new entitlements or give a top-up on the value of existing entitlements for persons who suffer from a ‘Specific Disadvantage’. With regard to the group of young farmers who established their holding in 2008 and 2009, but who missed out on both the Young Farmer Installation Scheme which closed to applications in 2008 and the Young Farmer priority category under the National Reserve which includes young farmers who commenced since 2010, I am glad to say that this category can be considered as a ‘group suffering from specific disadvantage’. 

The positive result of this development is that these young farmers will be eligible to apply under the second phase of the National Reserve to be given new entitlements or be given a top-up on the value of existing entitlements. 

Applications will be made available in early April 2015. This is a very welcome outcome that I feel will address an anomaly in the system and allow for fair and equal treatment for this particular category of young active farmers.

Agri-Environment Options Scheme Appeals

Questions (278)

John O'Mahony

Question:

278. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a decision on an appeal in respect of the agri-environment options scheme; and if he will make a statement on the matter. [7681/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2013 Single Payment/Disadvantaged Areas Scheme was received from the person named on 14 May 2013 and a payment of €1,169.16 was issued on 20/09/2013 under the Disadvantaged Areas Scheme. No payment was due under the Single Farm Payment Scheme as the person named does not have any entitlements. A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that a number of the land parcels declared contained ineligible features and the person named was notified accordingly. This resulted in a reduction of between 3% and 20% to the area payable for the 2013 land-based schemes of the person named . An overpayment of €354.20 under the 2013 Disadvantaged Areas Scheme was created on 28/11/2014.

Following the review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground was necessary. This check confirmed the 2013 area over-declaration as 48.71 % in the case of the Disadvantaged Area Scheme which meant the verification visit determined that the position on the ground was worse than the initial determination. As 48.71 % is greater than 20% of the established eligible area in respect of land based schemes no payment is due to the person named under the 2013 Disadvantaged Area Scheme. The person named had received payment under the 2013 Disadvantaged Area Scheme, which is deemed overpaid and will be netted-off future payments made by my Department.

A letter detailing the outcome of the verification check was issued to the person named on the 19/07/2014. In the event that the person named was dissatisfied with the outcome of the verification check the decision could be appealed to the independent LPIS Appeals Committee, within 3 months of the notification letter.

By letter dated 17/09/2014, the person named opted to avail of his right to appeal to the independently-chaired LPIS Appeal Committee; the LPIS Appeals Committee have considered same and a decision will issue shortly .

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from 1 September 2010 and full entitlements have issued in respect of the 2010, 2011, 2012, 2013 and 2014 Scheme years. The 2014 payment may be adjusted pending the outcome of the LPIS review issue.

Single Payment Scheme Applications

Questions (279)

Pat Breen

Question:

279. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when single farm payments will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [7783/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under 2014 Single Payment/Disadvantaged Areas Schemes was received from the person named on 14 May 2014. Payment under the Single Payment Scheme has not issued as the person named holds no payment entitlements under that Scheme. Payment under the Disadvantaged Areas Scheme has not issued as the holding concerned has not satisfied the Scheme minimum stocking density requirements.

Disadvantaged Areas Scheme Applications

Questions (280)

Pat Breen

Question:

280. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when area based payments for 2013 will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [7785/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under 2013 Single Payment/Disadvantaged Areas Scheme was received from the person named on 19 April 2013. Processing of the Disadvantaged Areas Scheme application has recently been completed with payment issuing directly to the nominated bank account of the person named on 13 February 2015. The person named was paid the advance payment under the 2013 Single Payment Scheme on 16 October with the balancing payment issuing on 2 December 2013.

Milk Quota

Questions (281)

Michael Creed

Question:

281. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if his Department has received an application for a special allocation of milk quota, due to a non-notifiable disease outbreak, in respect of a person (details supplied) in County Cork; and if, in view of the circumstances, he will consider a special allocation in this case; and if he will make a statement on the matter. [7789/15]

Written answers

Minister for Agriculture, Food and the Marine

My Department received an application from the named person in response to the request for applications under the recent Animal Disease Scheme. This Scheme involves the allocation of milk quota, from the National Reserve, to milk producers who have incurred milk quota difficulties as a direct result of compulsory animal movement restrictions resulting from an animal disease outbreak. Quota allocations are granted on the basis of recommendations made by an independent Milk Quota Appeals Tribunal.

The application submitted by the named person was not presented to the Tribunal for determination because the animals concerned were not subject to a compulsory animal movement restriction.

Agriculture Scheme Appeals

Questions (282)

James Bannon

Question:

282. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the number of appeals processed by the Agriculture Appeals Office in 2013; and if he will make a statement on the matter. [7798/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office, which provides an independent appeals service to scheme applicants dissatisfied with decisions of the Department of Agriculture, Food and the Marine in relation to certain designated schemes, has indicated that the total number of appeals processed to closure in 2013 was 802.

Agriculture Scheme Appeals

Questions (283)

James Bannon

Question:

283. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the number of agriculture appeals in 2013 dealt with by oral hearings; if he will provide a detailed breakdown of the various decisions under appeal; and if he will make a statement on the matter. [7799/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office has indicated that a total of 341 oral hearings were held in 2013. Of these 37 were allowed, 66 were partially allowed and 188 were disallowed, 44 were revised by the Department and 6 were withdrawn.

Agriculture Scheme Appeals

Questions (284)

James Bannon

Question:

284. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of the 2013 agricultural appeals results; if he will detail the number of appeals under each heading that were successful in full, only partly successful, or not successful; and if he will make a statement on the matter. [7800/15]

Written answers

Minister for Agriculture, Food and the Marine

The following is a breakdown of the 2013 appeals, as provided by the Agriculture Appeals Office.

Title	Number
Allowed	60
Partially Allowed	84
Disallowed	404
Not valid	26
Withdrawn	40
Out of time	58
Revised by DAFM	193
Open	2