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Tuesday, 19 Jan 2016

Written Answers Nos. 197-210

Zero-hour Contracts

Questions (197)

Eric J. Byrne

Question:

197. Deputy Eric Byrne asked the Minister for Jobs, Enterprise and Innovation the status of a matter concerning a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [1844/16]

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Written answers

The Deputy is referring to recommendations made by the University of Limerick (UL) in its study on the prevalence of zero hour contracts and low hour contracts among Irish employers. It is important to point out that this is an independent study and the conclusions drawn and the recommendations made in the study are those of UL. Therefore, it was essential that the various stakeholders who contributed to the study and indeed other interested parties who may not have had an opportunity to engage with UL, were given an opportunity to consider and respond to the findings and recommendations in the UL report. To this end, my Department sought submissions from interested parties by way of a Public Consultation. A large number of submissions were received by 4 January 2016, the closing date for receipt of such submissions. The responses contain a variety of views both for and against the recommendations as made by UL, in relation to the notice periods employees should receive when work is being offered or hours are cancelled. The responses received will require careful consideration by my Department over the coming period. This will inform the policy response to be considered by Government arising from the study.

Equality Issues

Questions (198)

John Browne

Question:

198. Deputy John Browne asked the Minister for Jobs, Enterprise and Innovation if a person whose human rights were discriminated against but who does not fall within the criteria allowed by the Workplace Relations Commission can pursue the discrimination through another mechanism; and if he will make a statement on the matter. [1867/16]

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Written answers

The Deputy will appreciate that in the absence of specific details beyond hypothetical scenarios presented I can only respond by providing general information that I hope will be of assistance. The Workplace Relations Commission (WRC) is an independent, statutory body which was established on 1 October 2015 under the Workplace Relations Act 2015 (No. 16 of 2015). It assumes the roles and functions previously carried out by the National Employment Rights Authority (NERA), Equality Tribunal (ET), Labour Relations Commission (LRC), Rights Commissioners Service (RCS), and the first-instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT). The Employment Equality Acts 1998 to 2015 cover employees in both the public and private sectors as well as applicants for employment and training. The Acts outlaw discrimination in work-related areas such as pay, vocational training, access to employment, work experience and promotion. Cases involving harassment and victimisation at work are also covered by the Acts. The publication of discriminatory advertisements and discrimination by employment agencies, vocational training bodies and certain other bodies, e.g. trades unions and employer associations, is outlawed. An employee or prospective employee may make a claim if he or she is of the view that discrimination on any of the nine prohibited grounds has occurred. The grounds are Gender, Civil status, Family status, Sexual orientation, Religious belief, Age, Disability, Race colour, nationality, ethnic or national origins and Membership of the Traveller community.

Discrimination outside the workplace is covered by the Equal Status Acts. The Acts outlaw discrimination in all services that are generally available to the public whether provided by the state or the private sector. These include facilities for refreshment, entertainment, banking, insurance, grants, credit facilities, transport and travel services. Discrimination in the disposal of premises, provision of accommodation, admission or access to educational courses or establishments is also prohibited subject to some exemptions.

The nine grounds on which discrimination is outlawed are Gender, Civil status, Family status, Sexual orientation, Religious belief, Age, Disability, Race and Membership of the Traveller community. The legislation covers many different goods and services. It includes access to a place, facilities for banking, entertainment, cultural activities or transport, professional or trade services, health services, access to education and accommodation.

Complaints under the Equality legislation can be made to the WRC and they will be heard by an Adjudication Officer who can order redress as set out in the Acts if a finding of discrimination is made.

The Irish Human Rights and Equality Commission (IHREC) is an independent statutory body under the aegis of the Department of Justice and Equality which has been established to promote and protect human rights and equality in Ireland. It is Ireland’s National Human Rights Institution recognised as such by the United Nations. It is also Ireland’s National Equality Body for the purpose of EU Law. I understand that IHREC may grant legal assistance to individuals seeking to vindicate their human rights in the State such as by providing legal advice and legal representation before the Courts. IHREC can be contacted at the following link http://www.ihrec.ie/contact/.

Zero-hour Contracts

Questions (199)

Terence Flanagan

Question:

199. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the status of zero-hour contracts (details supplied); and if he will make a statement on the matter. [1908/16]

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Written answers

The Statement of Government Priorities, July 2014 committed to conduct a study on the prevalence of zero hour contracts among Irish employers and their impact on employees and make policy recommendations to Government on foot of this. The University of Limerick was appointed in February 2015, following a competitive tendering process, to carry out a study into the prevalence of zero hour contracts and low hour contracts in the Irish economy and their impact on employees. The study, published in November, 2015, found that zero hour contracts as defined within current Irish employment rights legislation are not extensively used in Ireland. It found low working hours can arise in different forms in employment contracts, such as regular part-time contracts with fixed hours or a contract with “If and when” hours only or a hybrid of the two. If and when contracts are contracts where workers are not contractually required to make themselves available for work.

The UL report made a range of recommendations relating to contracts, hours of work and notice, minimum hours, how contracted hours should be determined, collective agreements, data gathering and wider contextual issues.

It is important to point out that the UL study was an independent study and the conclusions drawn and the recommendations made in it are those of UL. Therefore, it was essential that the various stakeholders who contributed to the study and indeed other interested parties who may not have had an opportunity to engage with UL, were given an opportunity to consider and respond to the report.

To this end, my Department sought submissions from interested parties by way of a Public Consultation. A large number of submissions were received by 4 January 2016, the closing date for receipt of such submissions. The responses contain a variety of views both for and against the findings and recommendations as made by UL, which will require careful consideration by my Department over the coming period. This will inform the policy response to be considered by Government arising from the study.

Action Plan for Jobs

Questions (200)

Dara Calleary

Question:

200. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the activities his Department paid for in promoting the Action Plan for Jobs and the various regional Action Plans for Jobs in each of the years since the plan was launched in 2012, in tabular form; and if he will make a statement on the matter. [1964/16]

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Written answers

The costs borne directly by the Department associated with the promotion of the annual Action Plan for Jobs since 2012 and the Regional Action Plans launched in 2015 are outlined in a table. Costs are inclusive of value added tax.

Promotion - Action Plan for Jobs

2012

2013

2014

2015

Design work, event staging and venue hire

€3,072.87

€2,361.60

€7,487.62

€7,810.27

Photography at APJ launches & Quarterly updates.

€1,248.47

€868.00

€320.70

€801.10

Totals

€4,321.34

€3,229.60

€8,167.62

€8,611.37

The enterprise agencies, primarily the former Forfás, Enterprise Ireland and IDA Ireland, also organised and bore the cost of events associated with the development of the annual Action Plans and the Regional Action Plans since 2012. On many occasions the Department and the agencies were also provided with the use of some facilities for free by industry hosts at some of the launches and quarterly updates.

In addition, in response to repeated industry led calls for greater awareness programmes for Government sponsored enterprise supports in 2014 the Department invited tenders for the development and roll-out of a one year awareness campaign to promote the range of Government supports available to small and medium enterprises (SMEs) and entrepreneurs as well as providing APJ updates through a single, dedicated website, www.actionplanforjobs.ie. The development of this single portal for SMEs and entrepreneurs was also accompanied by a national media campaign during 2015 under the Action Plan for Jobs banner. The total cost for web development and the creative video and radio production costs incurred during 2015 for this campaign was €236,358.

Job Losses

Questions (201)

Dara Calleary

Question:

201. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the actions he has taken to protect jobs at a company (details supplied) in County Tipperary; and if he will make a statement on the matter. [2070/16]

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Written answers

Clearly my first thoughts are with the workers affected by the announcement of job losses at the company. Since C&C purchased MJ Gleeson a number of years ago the company has been engaged in restructuring of certain elements of its business. The decision announced on 12 January is part of a company-wide restructuring particularly of its manufacturing base which the company has undertaken following the loss of contracts for private label water which has led to serious under utilisation of capacity.

I have spoken to senior management at the company in recent days and urged them to reconsider the decision in relation to the facility in Borrisoleigh but unfortunately this did not prove possible.

The Group announced that following a detailed review of its manufacturing and operational footprint, it intends to consolidate production from sites in Shepton Mallet in England and in Borrisoleigh into its manufacturing site in Clonmel. Under this proposal, production and packaging will be transferred on a phased basis from the facility in Borrisoleigh. Consequently, Clonmel will become the core manufacturing site for Bulmers and Magners cider, Tipperary Water and the company’s range of niche premium beers and ciders. In support of the proposal, the Group will invest in excess of €10 million in enhancing packaging and logistics capability in Clonmel, creating 80 additional jobs, and designed to put Irish-based employment on a secure and competitive footing. The company has indicated that Borrisoleigh will remain as a key transport hub and both logistics and warehousing operations will be maintained in the town.

The company has indicated that, where possible, the workers at Borrisoleigh will be offered alternative employment at the expansion in Clonmel. Regrettably, net roles lost in Ireland across the company’s operational network are estimated to be 54 jobs. I note the company’s statement that it will provide support and training for the workers affected. In addition, all the supports of the State will be made available.

Enterprise Ireland will continue to engage with the company as it undertakes restructuring. The Agency will continue to monitor the situation at the company and will continue to offer any assistance that it can within Enterprise Ireland’s remit.

I understand that the company has initiated the consultation process with its employees and their representatives who are impacted by the announcement. The company plans to meet with employee and union representatives over the coming weeks.

Workplace Relations Commission information staff are available to meet staff of the affected enterprise, either individually or collectively, to assist the parties concerned.

The State agencies will continue to work closely with each other, and with local interests, to seek new investment for County Tipperary.

Public Procurement Contracts Social Clauses

Questions (202)

Dara Calleary

Question:

202. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the steps he has taken to incorporate social clauses in public procurement criteria that other European countries have implemented to enable small and medium-sized enterprises to tender for a greater share of procurement contracts, given that he is the lead Minister for the Action Plan for Jobs; and if he will make a statement on the matter. [2193/16]

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Written answers

Policy responsibility for public procurement, including the issue of social clauses rests with my colleague, Minister Brendan Howlin, Minister for the Department of Public Expenditure and Reform (DPER), and is led by the Office of Government Procurement (OGP). The OGP, an office under the remit of DPER, set up a number or working groups to improve SME access to public procurement:

- High Level Working Group on SME Access to Procurement;

- SME Working Group; and

- Social Clauses Project Group.

My Department’s officials are closely involved in supporting SME's access to public procurement through their involvement in these groups.

The Social Clauses Project Group was established by the Minister for Public Expenditure and Reform to pro-actively look at projects with a view to including social clauses on a pilot basis, to ensure those awarded contracts contribute to employment or training opportunities for long term unemployed. This is consistent with the whole of Government approach to job creation through the Action Plan for Jobs.

Work Permit Applications

Questions (203)

Bernard Durkan

Question:

203. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the status of an application for a work permit by a person (details supplied); if this application will be quickly processed given the expiry date of the visa; and if he will make a statement on the matter. [2196/16]

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Written answers

A General Employment Permit issued in this instance on 15 January 2016.

Enterprise Support Schemes

Questions (204)

Finian McGrath

Question:

204. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation to support a jobs proposal (details supplied); and if he will make a statement on the matter. [2255/16]

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Written answers

The Local Enterprise Offices (LEOs) are now the ‘first-stop-shop’ State support service for micro and small businesses in each local area. The LEOs provide advice and direction, covering all government supports and requirements, to anyone who wishes to start or expand a business. They can also provide funding for projects that meet certain criteria, in certain circumstances, and other non-financial supports. For example, with regard to the financial supports available, it should be noted that the LEOs generally grant assist enterprises in the manufacturing or internationally traded services sector which over time can develop into strong export entities. However, there are other non-financial supports available, such as mentoring and training, and the LEO staff can advise as to which supports would be most appropriate.

In addition, any business can use the LEOs to access finance from Micro Finance Ireland (MFI), which offers loans of up to €25,000 to start-up, newly established or growing microenterprises (employing less than 10 people) with viable business propositions that do not meet the conventional risk criteria applied by the banks. Applications for the Microfinance Fund should be channelled through the local LEO. Further information is available on the LEO website at www.localenterprise.ie.

Businesses can also access the ‘Supporting SMEs’ online search tool that was launched last year. By answering eight questions, a small business will be able to:

- Find out which of the over 80 Government business supports from 27 different Government Departments, Agencies and Initiatives are available to them;

- obtain information on the range of Government supports for accessing credit;

- identify their nearest Local Enterprise Office where they can discuss the outcomes of the guide further;

- download all these filtered results into a document for their further use.

The ‘Supporting SMEs’ Online Tool is available at: www.actionplanforjobs.ie.

Transatlantic Trade and Investment Partnership

Questions (205)

Mick Wallace

Question:

205. Deputy Mick Wallace asked the Minister for Jobs, Enterprise and Innovation if the Transatlantic Trade and Investment Partnership in its current form and, in particular, the regulatory co-operation provision, is weighted heavily in favour of corporations at the expense of citizens and; and if he will make a statement on the matter. [2338/16]

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Written answers

The EU-US negotiations have as their objective to strengthen and deepen the trade and investment relations between the two regions covering 40% of global economic output. The trade deal will stand to benefit business, large and small, and consumers. The negotiation in respect of regulatory cooperation will ensure that economic gains do not lower our high standards in the field of labour rights, the environment or consumer’s health and safety. This principle is built into the negotiating mandate which guides the Commission in these negotiations. The aim of the negotiations is closer cooperation by making present and future rules more compatible, reducing the cost of unnecessary red tape by making it easier for companies’ to comply with both EU and US laws while ensuring food, animal and plant imports are safe. Regulatory cooperation and coherence recognises the realities of globalisation and will make the trading landscape easier and more predictable, which is particularly important to SME’s to internationalise and grow exports.

Transatlantic Trade and Investment Partnership

Questions (206)

Mick Wallace

Question:

206. Deputy Mick Wallace asked the Minister for Jobs, Enterprise and Innovation if, at any of the recent consultations on the Transatlantic Trade and Investment Partnership, he or any other delegate raised concerns regarding the shifting of some of the more controversial issues in the TTIP to a time after the conclusion of the agreement, as has been flagged by many international democracy watchdogs; and if he will make a statement on the matter. [2339/16]

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Written answers

I understand that the EU Commission aim to conclude all chapters of the EU-US trade agreement in 2016. A comprehensive and ambitious EU-US trade agreement will have tangible benefits for Ireland in terms of jobs, growth and investment and it is my hope that substantial progress on all aspects can be reached this year.

Economic Growth Initiatives

Questions (207)

Barry Cowen

Question:

207. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation the cost of developing a cross-Border development zone in conjunction with the Northern Ireland Executive; and if he will make a statement on the matter. [2342/16]

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Written answers

The concept of a specific Border Development Zone as a means of fostering economic recovery in the cross-border region of the Republic of Ireland and Northern Ireland was initially proposed by the Centre for Cross Border Studies (CCBS) in their Bradley/Best economic study of 2012 and I am aware that the CCBS has undertaken further research on the topic in the intervening period also. I also note that the Deputy’s party proposed such a Zone in a policy document last year. The possible development of a Border Development Zone could raise significant issues involving EU State Aid Rules and other EU provisions and it would also, of course, require detailed negotiations between both administrations on this island. There would also be significant resource issues, which would be challenging. I am not aware that detailed costings have been carried out in relation to the proposal. I expect that these would obviously depend of the exact nature and functions of such a body. As you will be aware, this Government have initiated a significant reduction in the number of Bodies and Agencies, in order to achieve more effective administration and delivery of services, so that a very strong case needs to be made to justify the creation of new bodies. I would again emphasise that any new structures to be put in place would require the full agreement of the Northern Ireland authorities. Both administrations on the island are focussed on developing the existing mechanisms and on making them work better.

Developing new, regionally-based, economic structures could be a significant policy development, and one requiring careful consideration. The need to avoid duplication would be paramount, in the interests of utilising scarce State resources efficiently. It is therefore worth noting that there are already several mechanisms in place to pursue cross border economic development.

I strongly believe that we should continue to build on the structures already in place and on what has been achieved in that region. The work of the Cross Border Body, InterTradeIreland, has been foremost in this regard, with a significant range of enterprise development initiatives and programmes in place. My Department jointly funds and provides oversight to this Body, together with the Department of Enterprise, Trade and Investment in Belfast, and it represents a very effective mechanism for tackling business development on an all-island basis. In addition, there is on-going co-operation between Enterprise Ireland and its Northern Ireland counterpart agency, Invest Northern Ireland on areas of mutual interest.

Over recent years, a range of projects under the Enterprise Development theme of the INTERREG IVA Programme (2009-2015) have made a significant impact on developing small businesses in the region. My Department co-funded this strand of this INTERREG Programme, under which a total of 28 individual projects have been initiated. I now look forward to the roll out of the successor Programme for the period up to 2020, which will support Research and Innovation initiatives.

The operation of the North South Ministerial Council, in which I fully participate, both in its Plenary format and also in the Trade and Business Sectoral format with my counterpart from the Northern Ireland Executive, is an ongoing forum which can develop practical North South initiatives.

Departmental Staff Promotions

Questions (208)

Seán Fleming

Question:

208. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation under the Civil Service reform programme, the number of clerical officers who have been promoted to higher executive officer and the number of executive officers who have been promoted to assistant principal officer in his Department through internal competitions after the significant change in eligibility rules; and if he will make a statement on the matter. [2579/16]

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Written answers

Rules regarding eligibility for internal promotion within Civil Service Departments were changed as a consequence of a communication from the Department of Public Expenditure and Reform. As a consequence serving officers have been allowed to compete for promotion to all grades regardless of their current grade. In line with this methodology, since January 2015, of the 17 staff promoted to Higher Executive Officer through internal competition within my Department, 3 were of Clerical Officer grade. In the same period, there were no promotions from Executive Officer to Assistant Principal.

Staff of my Department are encouraged to apply for career advancement opportunities, including internal and open promotion competitions, and may avail themselves of a range of training and further educational opportunities to assist in this development.

Finally, my Department would not have access to statistics in relation to participation in central competitions run by the Public Appointments Services.

Basic Payment Scheme Administration

Questions (209)

Michael Healy-Rae

Question:

209. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of the online system dealing with farmers' maps (details supplied); and if he will make a statement on the matter. [1838/16]

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Written answers

My Department has placed great importance on the online application system since its introduction in 2007. This included the introduction of an electronic mapping facility in 2012 which allowed for more accurate updating of land parcels, fewer penalties for farmers and faster processing of applications.

The introduction of the new Basic Payment Scheme in 2015 necessitated a new online application system for farmers and agricultural agents. My officials devised a farmer friendly system that ensured Irish farmers complied with the new CAP regime, especially the new requirements under Greening.

Following the introduction of the new system which involved complex programming issues a problem arose for 678 applicants who drew maps on an amendment form – these maps were not visible to farmers or their agents. However it’s important to stress that at no point were these maps lost. It is also important to note that farmers were not disadvantaged as a result of this issue and the applications were processed as normal.

In advance of the 2016 BPS application period, this issue has been resolved, and the new on-line system is being finalised along with other improvements with the intention of continuing the progress made in the submission of on-line applications. Approximately 70% of BPS applicants now submit their applications on line.

Farm Retirement Scheme

Questions (210)

Dara Calleary

Question:

210. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if and when he will reintroduce the farm early retirement scheme; the criteria he will use to assess applications; and if he will make a statement on the matter. [1839/16]

View answer

Written answers

The Early Retirement Scheme was suspended in 2008 due to budgetary constraints. It was reopened briefly in September 2009, with limited additional funding, to accommodate farmers who had applications completed or close to completion at the time of suspension. I have no plans to re-open this scheme or introduce another similar scheme at this time.

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