Written Answers Nos. 100-109
100. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform if he will address a matter (details supplied) regarding the ownership of a public slipway in County Limerick; and if he will make a statement on the matter. [9660/15]
View answerThe Office of Public Works is not the owner of the slipway concerned and has no information about its ownership.
101. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform his views on correspondence (details supplied) regarding the spouses' and children's superannuation scheme. [9722/15]
View answerMost pensionable public servants recruited before the commencement of the Single Public Service Pension Scheme are required as a condition of appointment to be members of (i) a "Main Superannuation Scheme" which provides for the member's own pension benefits and (ii) an associated Spouses' and Children's Scheme which covers pensions for spouses, civil partners and children. The public service Spouses' and Children's Schemes effectively provide insurance for contingent benefits. The schemes are designed on a group insurance basis and the member contribution rate is structured accordingly. The total cost of the schemes is borne, normally on a 50/50 basis, by the employer and employees.
The Commission on Public Service Pensions, in its Final Report in 2001, considered the question of compulsory membership for single people and the non-refundable nature of the contributions paid by them and decided not to recommend any change in the foregoing scheme rules.
More recent recruits, who are members of the Single Public Service Pension Scheme are similarly positioned in terms of being compulsorily signed-up to arrangements which comprise both personal and dependant pension benefits, although in their cases the spouses' and children's benefits are an integral part of the main scheme established under the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.
I have no plans to revisit the issue of membership of associated Spouses' and Children's Schemes or the provision of dependant pension benefits in relation to single members of public service pension schemes.
102. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if his attention has been drawn to delays in the Ombudsman’s office processing complaints, due to lack of adequate staffing; his plans to assign further staff to this office; his views that the office responsible for investigating, among other things, delays in other public bodies, should not itself be subject to excessive delays in its own investigations; and if he will make a statement on the matter. [9725/15]
View answerI am advised that the Office of the Ombudsman carefully monitors the numbers of complaints it has on hand as well as the timelines required for concluding its examination of cases. I am informed that the Ombudsman is taking steps to ensure that the majority of those who make complaints to his Office have their cases concluded in a very short timeframe, while at the same time particular attention is being paid to the relatively small numbers of complaints that have been with the Office for more than nine months. I understand that the Ombudsman's Office received more complaints in 2014 than in 2013. I also understand that a number of experienced staff in the Office retired during 2014. I can confirm that my Department sanctioned the replacement of the staff who have retired. Some of the replacement staff have yet to take up duty. I am informed that, notwithstanding this temporary reduction in its staffing complement during 2014, the Office processed an increased number of complaints in 2014 in comparison to 2013. I am satisfied that adequate resources are being provided to the Office of the Ombudsman to fully carry out its duties. I should add that my Department has provided for an increase in the staffing of the Office in 2015 in order to permit it to deal with a foreseen rise in the numbers of complaints on foot of the recent expansion in the Ombudsman's remit.
103. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he has held discussions with representatives of providers of professional services to the State in respect of cuts made to professional fees under financial emergency measures in the public interest legislation; and if he will make a statement on the matter. [9828/15]
View answerSections 9 and 10 of the Financial Emergency Measures in the Public Interest (FEMPI) Act 2009 provides for the making of regulations by the Minister for Health, with the consent of the Minister for Public Expenditure and Reform, to reduce the amount or the rate of payments to health professionals in respect of any services that they render to or on behalf of a Health Body. The Act provides for appropriate consultation by the Minister for Health in the making of such regulations. Similar powers are also provided to other Ministers in respect of any services rendered to or on behalf of the Ministers. I have not been party to any discussions or consultations undertaken by other Ministers under the terms of Act.
However, where the service rendered to the State, by any person, is not rendered to (or on behalf of, or under the aegis of) a Minister of Government, it is taken to be rendered to myself as Minister for Public Expenditure and Reform, so that any regulation under the Act is to be made, and any consultation undertaken, by the Minister for Public Expenditure and Reform. In this context, consultations were held with representatives of the State Solicitors prior to the enactment of Statutory Instrument No. 231/2013 in June 2013 which made provision for a reduction in the rate of certain payments made in respect of services provided by State Solicitors. I have had no further consultations or discussions with service providers in relation to reductions effected under Section 9 and 10 of the Financial Emergency Measures in the Public Interest (FEMPI) Act 2009 to date.
104. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the regulation for au pairs; his plans for new regulations; and if he will make a statement on the matter. [9652/15]
View answerThere is no legal definition of the term “au pair” in Irish legislation. However Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees. For example, the National Minimum Wage Act 2000 requires that any persons working under a contract of employment to be paid the statutory National Minimum Wage. For the purposes of this Act, this means a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.
Where the National Employment Rights Authority (NERA) receives a complaint involving somebody described as an au pair, NERA will investigate with a view to establishing the person’s statutory entitlements under employment law. The question as to whether a person is an employee or not is generally established by reference to the provisions of existing employment legislation and established contract law, regardless of any title or designation given to the individual. Complaints involving "au pairs" are considered on a case-by-case basis, in the light of the facts of each case.
Any persons with questions or complaints regarding their rights under employment law should contact the Workplace Relations Customer Service on lo-call 1890 808090 or at www.workplacerelations.ie.
105. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the involvement he has had regarding job losses at a company (details supplied); and if he will make a statement on the matter. [9708/15]
View answer106. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation his assessment of job creation in Coolock, Dublin 17, and the surrounding areas; if alternative jobs will be found for those set to lose their jobs at a company (details supplied) in Dublin 17; and if he will make a statement on the matter. [9709/15]
View answerI propose to take Questions Nos. 105 and 106 together.
My first thoughts are with the workers concerned and their families as they receive this very difficult news. All the supports of the State will be made available to workers as and when needed.
I engaged with senior management of the company in question last week and have urged them to reconsider this decision, and asked if there is anything the State or its agencies can do to mitigate its effects. However, due to a cost base which is significantly out of line with competitor countries, the company has announced job losses at its Coolock and Kerry plants and the closure of its Tallaght operation. The company has pledged to support departing workers with placement services.
In response to these developments, I have established an inter-agency group to co-ordinate the Government’s response to the job losses at the company. The group will be led by Enterprise Ireland, and will both seek to secure alternative employment for the areas affected, and also ensure that departing workers have access to supports they need from State agencies for re-training, access to social welfare supports and access to advice on employment rights.
In an effort to co-ordinate constructive cross-party action to support workers affected, I invited TDs and Senators from the areas affected to a briefing in my Department on the situation on Tuesday last. The company was also the subject of a Topical Issues Debate in the Dáil on Tuesday.
I know that the company have said that they would work closely with workers in an effort to ensure that the impact of its decision is minimised to the greatest extent possible and to discuss investment it will be making in Ireland in order to build a stronger business here for the long term. Enterprise Ireland will be involved in those discussions and as outlined above, I have directed the agencies of my Department to step up their efforts to bring employment to the areas affected.
Enterprise Ireland is in ongoing interaction with the company to support the retention of the existing jobs and to support the Group going forward. In addition, Enterprise Ireland will continue to support entrepreneurs, enterprises and job creation in Coolock and indeed North Dublin generally. More than 35,000 extra people are at work today in Dublin compared to three years ago. Almost half of these extra jobs are supported by my Department through Enterprise Ireland and IDA Ireland.
The Local Enterprise Offices (LEOs) are the first-stop-shop for support to anyone wishing to start or expand a business, focusing on the micro-enterprise sector (10 employees or less). As such, the LEOs in both Dublin and Kerry are available to support anyone with a business idea and who wants to consider entrepreneurship as a career option. I would urge anyone who was made redundant or who is in danger of losing their job to make contact with their local LEO to explore available options. Further information can be found on the LEO website at www.localenterprise.ie.
Last month, I 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 will be launched by July, with two remaining Plans in development at that stage. It is not intended that Regional Action Plans will target every individual town for job creation or investment but, rather, that these Plans will identify measures that can be taken to enable the region as a whole to build on its competitive strengths and increase the number of people at work.
As part of this initiative, 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 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.
107. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding the Workplace Relations Bill 2014. [9866/15]
View answerThe Workplace Relations Bill 2014 provides a statutory basis for a new structure which will see the existing five workplace relations bodies replaced by two. The Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal, the first instance functions of the Employment Appeals Tribunal (EAT) and the first instance functions of the Labour Court will be replaced by the new Workplace Relations Commission, and the appellate functions of the EAT will be transferred to a new expanded Labour Court.
This Bill is concerned with the establishment of the new workplace structures and it does not propose any substantive changes to legislation governing employment rights or policy in relation to industrial relations matters.
Access to the Industrial Relations machinery of the State is governed by the definition of “worker” in Section 23 of the Industrial Relations Act 1990, which provides, inter alia, that a “worker” means any person aged 15 years or more who has entered into or works under a contract with an employer.
In addition, Section 3 of the Industrial Relations Act 1946 provides that a dispute between a worker and an employer only arises if it is connected with the employment, non-employment or the terms of the employment or with the conditions of employment of any person.
Legal advice received by the Labour Court on a number of occasions suggests that a person who is retired cannot be regarded as a worker and cannot be party to a trade dispute capable of investigation by the Court. Where a person is retired they cannot have a dispute concerning their employment or non-employment.
The Court is, however, entitled to investigate a matter which arose prior to an individual's retirement and which was referred to the Labour Relations Commission or Labour Court prior to the individual's retirement.
I am currently considering the introduction of access rights for individual retired workers to the industrial relations machinery of the State under the Industrial Relations Acts, where they have not referred their claim prior to their retirement.
108. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine his views on correspondence (details supplied) regarding greyhound care. [9614/15]
View answerThe practices alleged in the correspondence supplied are of course entirely unacceptable.
Bord na gCon is responsible for ensuring that matters in relation to the welfare of greyhounds are carefully monitored and BnG is empowered under legislation to deal with malpractices in regard to welfare.
According to Bord na gCon, less than 17,000 greyhounds are bred annually which is at considerable variance with the figure of 40,000 quoted in the correspondence. Furthermore Bord na gCon has informed my Department that the alleged acts of cruelty to greyhounds outlined in the correspondence have never been brought to its attention.
With regard to the particular incident referred to in this correspondence involving the demise of a number of greyhounds transported by ferry in France, these remains were discovered on the arrival of the ferry in Cherbourg, not Limerick, and this matter is under investigation by the French Authorities.
If anybody becomes aware of welfare malpractices in relation to greyhounds, such information should be brought to the attention of BnG or the Garda.
109. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine if he will clarify the situation in respect of a person (details supplied) in County Clare, under the single payment scheme; and if he will make a statement on the matter. [9615/15]
View answerThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 14 April 2014. EU regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue.
The application of the person named was selected for a ground eligibility inspection. The outcome of this inspection did not result in any area over-declarations being applied in respect of the 2014 Single Payment Scheme.
The governing EU regulations require that payment under the Single Payment Scheme is calculated on the lower of the number of entitlements held or the area declared by the applicant, where no over-declarations in area have been determined following either administrative or on-the-spot checks. As the person named declared a lesser area on their 2014 application than the number of entitlements held, the payments issued under the Single Payment Scheme were based on the area declared.
