Written Answers Nos. 121-143
121. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the status of the implementation of the south-east economic development strategy produced by the Oireachtas Joint Committee on Jobs, Enterprise and Innovation, including a progress report on each of its recommendations; and if he will make a statement on the matter. [4952/16]
View answerThe South East region is a good example of what can be achieved in creating sustainable employment growth through strong collaborative effort at local level. The economic crisis hit the South East’s job numbers badly with the loss of 37,800 jobs from Q1 2007 to Q1 2012. However, through the focused collaborative approach and a range of reforms delivered in the region, over the period Q1 2012 to Q4 2015 the unemployment rate has fallen from 20.1 to 11.9 per cent, with 205,400 at work, an increase of 24,100 over the period. The report of the Oireachtas Joint Committee on Jobs, Enterprise and Innovation on a South East Economic Development Strategy (SEEDS), which was launched in September 2013, was a very helpful contribution to identifying possible interventions to assist the economic development of the South East region.
At the end of 2011, after the announcement of sudden job losses in Talk Talk in Waterford, I published the South East Employment Action Plan and established an implementation group of stakeholders in the region for the Action Plan, the South East Forum, which I chaired. Through collaboration among all stakeholders, the Forum did succeed in implementing the Action Plan and the key actions and recommendations in the SEEDS report and demonstrated what could be achieved in all regions, as we prepared the eight Regional Action Plan for Jobs in 2015.
I am particularly pleased that the key recommendations of the Action Plan and SEEDS reports are having a demonstrable impact on the performance and the potential of the South East region. We have reformed and are seeing the growing impact of the Local Enterprise Office network developed through the close cooperation between EI and the Local Authorities; the new Education and Training Boards in Carlow, Kilkenny, Tipperary, Waterford and Wexford have a fresh mandate, who like the Higher Education Institutions (HEIs) are now focused on developing a stronger link with their local enterprise base; we have strengthened the Regional Offices of IDA and EI with a new focus in their respective national strategies on regional job growth and the appointment of an IDA regional director in the South East; and the emergence of a stronger policy framework to underpin sectoral opportunities with a strong profile at regional level. We have also sustained an attractive investment aid regime for the South East region and the establishment of a new Regional Skills Forum in the region by the Department of Education and Skills will ensure a focus on attaining ambitious targets improved educational attainment and skills provision in the region.
The core objective of the South East Regional Action Plan for Jobs launched in 2015 is to support an ambitious programme of enterprise growth and job creation in region over the medium and longer term, as advocated in the SEEDS report. The primary objective of the South East APJ-R is to realise the potential to have a further 10-15 per cent at work in the region by 2020 so as to ensure the unemployment rate is within the 1 per cent of the State average.
Among the actions in the Action Plan to be delivered over the period 2015-2017 include increasing Start-ups/SMEs by 30%, at least 44 additional IDA supported investments in the region over the coming years, a 20% increase in jobs in exporting companies, in particular in manufacturing, agrifood, businesses services and biopharma/medtech and an 85% increase in agrifood exports over the next 10 years and delivering 300,000 extra tourists and 5,000 associated jobs including developing Ireland’s Ancient East. The implementation of South East APJ-R is being led by a collaborative enterprise and public sector Group, chaired by enterprise champion Frank O'Regan, with the active support of the five County CEOs in the region and my Department will work closely with the Group as it progresses the Plan over the coming period.
122. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation his plans to stop the exploitation of workers through zero-hour contracts; and if he will make a statement on the matter. [4999/16]
View answerThe 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 require, and are currently being given, careful consideration by my Department. This will inform the policy response to be considered by Government arising from the study.
123. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation how he will measure the success or otherwise of the south-west regional Action Plan for Jobs; and if he will make a statement on the matter. [5028/16]
View answerThe core objective of the South West Action Plan for Jobs is to support an ambitious programme of enterprise growth and job creation in region and it is on job creation that we will measure the success or otherwise of the Plan. The South West Action Plan for Jobs set a target to increase employment in the region by 10-15%, with the potential for up to an additional 40,000 to be employed in 2020. Good progress was made in relation to job creation in 2015, most notably with the unemployment in the South West Region falling from 10.6% in Q4 2014 to 7.4% in Q4 2015, according to the CSO's latest Quarterly National Household Survey.
Overall, the CSO is reporting an increase in employment in the South West of 8,300 in 2015, with total employment in the region reaching 283,900, an increase of 3% on the numbers employed at the end of 2014. Significantly, almost two-thirds or 5,468 of these jobs were in export-oriented businesses supported by Enterprise Ireland and IDA Ireland. Employment in Enterprise Ireland firms increased by 1,982 in 2015 to 28,673 and employment in IDA Ireland supported firms increased by over 3,486 to reach a new record high of 33,831.
The Action Plan for Jobs for the South West Region is about building on the capabilities and strengths of the region, covering counties Cork and Kerry, to develop a more dynamic, internationally competitive and sustainable enterprise economy that can provide well paid jobs and secure sustainable full employment over the long term. The SW Action Plan includes actions to be taken across a range of Departments and agencies to ensure that all regions of the country can fulfil their enterprise and jobs potential.
I am pleased that the Implementation Group in the South West being led by Mr. Bob Savage, Managing Director of EMC, includes public and private sector stakeholders from Cork and Kerry. The Implementation Group met most recently at the end of February to review progress and will report by mid-year on the delivery of actions to date and the progress on strategic initiatives for the region including in the areas of agrifood, tourism, life sciences, manufacturing and ICT, as well as high-potential emerging sectors like multimedia/content and the green economy, energy and marine. Actions in the Plan to be delivered over the coming period include measures to achieve an increase of 40-50% in the number of businesses starting-up, scaling and surviving, to achieve a 20% increase in employment in exporting companies, delivered by winning 139 IDA investments, building an IDA advance facility in Tralee and a 50% increase in enterprise-research collaborations and other measures to support growth in Irish exporting companies.
Talent and skills development is a key priority for the region and the actions set out are targeted at achieving a doubling in the level of workforce training and development activity in the region, to be delivered in part by progressing the Munster Technological University project and establishing an Employer and Education Skills Forum.
Actions are also set out to increase by 40% agrifood output to 2020 and to achieve a 33% increase in overseas tourist numbers, in addition to developing new sectors, including the content/multimedia sector, innovative energy technology and the green economy and rolling out “smart region” infrastructure.
124. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation to prioritise County Kerry for a major new employer, given the lack of major new employers coming into the county; and if he will make a statement on the matter. [5030/16]
View answer125. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the status of the IDA Ireland advance facility for Tralee in County Kerry; and if he will make a statement on the matter. [5031/16]
View answerI propose to take Questions Nos. 124 and 125 together.
IDA Ireland markets Kerry as part of its South West region, along with Cork. There are 12 IDA Ireland client companies employing 1,931 people in the county. 70% of all new IDA Ireland jobs come from existing client companies, so it is imperative that we ensure that the local supports are provided to maintain the presence of these companies in Ireland.
As part of the Regional Action Plan for Jobs 2015, IDA Ireland is set to invest €150 million over five years in property solutions designed to allow it to create opportunities to win additional projects for all regions. As part of this programme of investment, IDA Ireland is building nine advance facilities around the country, in particular in locations where the private sector has been slow to build. This includes the delivery of an advance facility in Tralee, Co. Kerry.
This is a positive development for attracting Foreign Direct Investment (FDI) into regional locations. It will provide access to modern property solutions which, when combined with a strong local talent pool and existing FDI cluster, will give these locations an enhanced proposition to offer international investors.
The tender process is underway for the appointment of a contractor for the construction of the facility in Tralee. The notification of the decision to grant planning permission was received from Kerry County Council on 25 February 2016 and the contractor will be appointed after the final grant of planning permission is received by IDA Ireland. The anticipated completion of the building is quarter 1 2017.
As part of its efforts to market Ireland and its different business locations, IDA Ireland continues to explore marketing opportunities based on the key criteria used by companies to assess different locations. In relation to County Kerry, IDA Ireland is actively exploring the potential of different digital marketing initiatives. IDA Ireland is also keen to work in partnership with other stakeholders in the delivery of effective marketing of County Kerry as a location for Foreign Direct Investment.
Marketing of any regional area, including Kerry, for Foreign Direct Investment is done through IDA Ireland’s network of overseas offices. While IDA Ireland actively incentivises and encourages investors to consider a range of potential locations in Ireland, the ultimate locations selected are always decided by the companies themselves.
The development of indigenous enterprise is crucial for the county. Enterprise Ireland is very active in Kerry, and continues to focus on the development of its indigenous client base in the county. It also promotes High Potential Start-Up Companies through a series of initiatives, including the Competitive Feasibility Fund, Competitive Start Fund and the New Frontiers Programme. Enterprise Ireland has recently announced a new funding stream of approx. €3m for the delivery of New Frontiers Programmes in IT Tralee & CIT over the next 5 years. This is a continuation of the successful programmes which support an average 9 new start-up companies in IT Tralee and which are housed in the Tom Crean Incubation Centre each year. This programme has produced a range of successful HPSUs and domestically focussed businesses.
A further boost to the county is the reinstatement of Regional Aid for Co. Kerry under the new Regional Aid Guidelines (RAG), which came into force on 1 July 2014. The RAGs enable the State to grant State Aid, at enhanced rates, to businesses in order to support new investment and new employment in productive projects in Ireland's most disadvantaged regions. The funding for this comes from the Exchequer. This means that the full range of Regional Aid assistance options are now available in Kerry.
126. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation his views on correspondence concerning employment opportunities for a person with a disability (details supplied); and if he will make a statement on the matter. [5038/16]
View answerIn dealing with jobseekers, my colleague the Minister for Social protection has the lead responsibility for providing labour market services for persons with a disability, assisting them with finding paid employment or preparing them for employment through a training or employment programme. These play an important role in supporting participation by people with disabilities in the labour force.
The supports include the wage subsidy scheme, the EmployAbility (supported employment) programme and the employment support programme. I am advised that a person with a disability is at all times free to avail of DSP’s Intreo service on a voluntary basis and can have a caseworker assist them in accessing a complete range of activation supports for people with disabilities.
Under the Reasonable Accommodation Fund, the Department of Social Protection also helps employers to take appropriate measures to enable a person with a disability/impairment to have access to employment by providing the grants and schemes such as the Workplace Equipment/Adaptation Grant, the Personal Reader Grant, the Job Interview Interpreter Grant and the Employee Retention Grant.
Significant changes to Departmental responsibility have occurred in recent years which place key activation, community employment, vocational training, placement services and other supports related to the employment of people with disabilities outside the remit of my Department.
Employment related policies and strategies, for which I have responsibility, including the Action Plan for Jobs, are designed to be all-inclusive throughout the workforce. Enterprise support provided by my Department and its agencies is available to all, including persons with disabilities.
The Employment Equality Acts 1998-2015 prohibit discrimination on nine grounds including the ground of disability. The Acts apply to prospective employees in claiming discrimination in access to employment. Any person who believes that s/he has experienced discrimination which is contrary to the Employment Equality Acts may seek redress by referring a complaint to the Director General of the Workplace Relations Commission. A case may be lodged through the Workplace Relations Commission’s website at www.workplacerelations.ie. General information relating to employment rights is available on the website and from the Workplace Relations Commission’s Information Service at Telephone: 1890 80 80 90.
In addition to these supports, the Comprehensive Employment Strategy for People with Disabilities provides for a ten year strategy to ensure that people with disabilities who are able to and want to work are supported and enabled to do so. The strategy adopts a cross-cutting approach that brings together actions by different Departments and state agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities.
127. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the status of a work employment permit for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [5058/16]
View answerThe State’s employment permits system is designed to ensure that employment opportunities that arise are given, in the first instance to Irish and EEA nationals. Hence there is a requirement on employers seeking non-EEA nationals via the permits system to conduct a Labour Market Needs Test in the manner prescribed in legislation.
The application in question was refused on 30 October 2015 and the refusal decision was upheld on 12 January 2016 as the specified nature of employment - head chef - was an employment specified in Regulation 26(1) and Schedule 4 of the Employment Permits Regulations 2014 (S.I. No. 432 of 2014) for which a General Employment Permit could not be granted. Employment Permit applications for chefs are solely considered for the preparation of cuisine originating from a State outside the EEA and where the employee is working in establishments other than fast food outlets. The occupation in question was on the List of Ineligible Categories of Employment for Employment Permits. In line with Section 12(3) of the Employment Permits Act 2006 (as amended) an employment permit could not be issued.
In addition, the applicant did not provide evidence that an advertisement relating to the proposed employment had run in a local newspaper or on a jobs website for three days during the 90 days preceding this application, as was required under Regulations 7, 27(1) and 40(1) of the Employment Permits Regulations 2014 (S.I. No. 432 of 2014) as the case may be. In line with Section 10A(2) of the Employment Permits Act 2006 as amended, an employment permit could not issue.
Finally, the manner in which the advertisement was published did not meet the requirements set out in Regulation 27(2) of the Employment Permits Regulations 2014 (S.I. No. 432 of 2014). All advertisements are required to state a description of the employment, the name of the employer, the minimum annual remuneration, the location/s of employment and the hours of work on offer per week. In particular the advertisement on the Eures/DSP site did not include details of the employment’s salary, while the advertisement in the national newspaper did not include details of the employment’s hours or salary. In line with Section 10A(2) of the Employment Permits Act 2006 as amended, an employment permit could not issue.
128. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation if he is aware of the rising cost of insurance for nursing home providers, the severely limited number of companies providing such insurance and if this is a matter which the Competition and Consumer Protection Agency could examine, given the implications for consumers as well as service providers. [5164/16]
View answerApart from motor insurance which falls under the remit of the Minister for Transport, policy responsibility for insurance is a matter for the Minister for Finance. The Insurance sector is regulated by the Central Bank. Therefore, I as Minister for Jobs, Enterprise and Innovation have no direct responsibility for insurance.
The provision of insurance cover and the price at which it is offered is a commercial matter for the insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks.
The Competition and Consumer Protection Commission is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its functions.
129. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation the progress his Department and related agencies under his Department's remit have made concerning the alleviation of transport and traffic challenges in Galway city which have been identified as impediments to businesses locating in the city or to new businesses being established there. [5165/16]
View answerI understand the Deputy is referring to traffic congestion in connection with Parkmore Business Park in Galway which is a large, primarily industrial, complex that currently supports 6,000 jobs. The number of people working there has led to serious traffic congestion which has caused significant frustration.
IDA Ireland’s property department has been working over the past year to explore various options to alleviate the traffic congestion at Parkmore. A suite of infrastructural measures that could be implemented in the short term has also been identified which includes the construction of a new slip road from the IDA Parkmore West Park onto the Parkmore Road. Following initial discussions with Galway City and County Council, IDA Ireland submitted an application for planning permission to Galway County Council for a left-in left-out junction on 16 February 2016, with a view to proceeding to tender stage for the appointment of a contractor to carry out the works, once permission is granted.
I have been assured by IDA Ireland that it continues to work to develop long term infrastructural solutions to resolve this issue. The agency is also a member of the Parkmore Traffic Action Group, which was set up in October 2015 on foot of an urgent meeting with Galway City and County Councils and representatives of companies in the park. It is heartening to see local stakeholders working together to advance a solution to address the congestion issue. This is the type of collaborative “bottom-up” approach that is at the heart of the Regional Action Plans.
I am in regular contact with IDA Ireland in relation to this issue. I will also engage with local authority officials if it is of assistance.
130. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he is planning an awareness campaign to ensure all families are aware of any ramifications arising from the recent ruling by the Workplace Relations Commission on au pairs; and if he will make a statement on the matter. [5259/16]
View answer131. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will introduce a definition of the job of an "au pair" and responsibilities associated with this work in order to avoid any potential exploitation in such roles; and if he will make a statement on the matter. [5260/16]
View answer132. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he has examined the regulatory frameworks and codes of conduct regarding au pairs and associated responsibilities with this work in other European Union states such as the United Kingdom; and if he will make a statement on the matter. [5261/16]
View answerI propose to take Questions Nos. 130 to 132, inclusive, together.
There is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. 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 (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage. The National Minimum Wage Act 2000 defines a contract of employment as 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.
All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.
In relation to public awareness, the WRC Information, Customer Services and Inspectorate functions maintains a high profile as part of the State body primarily responsible for information and compliance on employment rights in a number of ways. All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. To ensure that awareness of these obligations is maintained, the WRC collaborates with key partners including civil society organisations, the trade union movement, employer organisations and other State bodies. WRC publications are widely distributed through the offices of community organisations, NGOs and Citizen Information Offices. The WRC also participates in conferences and events and makes presentations not only to employer and employee groups but also to community and educational groups.
The recent WRC decision does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law. The Department of Jobs, Enterprise and Innovation has no plans to review the status of au pairs with a view to deeming persons determined to be employees to be outside the scope of employment law. The Department’s remit in this area is primarily concerned with ensuring that those people found to be employees can enforce their rights, as provided for under employment rights legislation.
133. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on the preponderance of women in low-pay employment following the recent article by Nevin Economic Research Institute on the subject in its quarterly economic publication; and if he will make a statement on the matter. [5262/16]
View answerMaking work pay continues to be a cornerstone of this Government’s agenda and the establishment of the Low Pay Commission on a statutory basis in July last reflected this priority. The Commission’s main function is to, on an annual basis, examine and make recommendations on the national minimum wage, with a view to securing that the national minimum wage, where adjusted, is adjusted incrementally over time having had regard to changes in earnings, productivity, overall competitiveness and the likely impact any adjustment will have on employment and unemployment levels. The Commission presented its first report to me in July 2015 in which it recommended an increase of 50 cents per hour to the minimum hourly rate bringing it to €9.15. That increase, which was accepted by Government, came into effect on 1 January last.
Alongside examining the national minimum wage, the Low Pay Commission can also be tasked with examining matters related generally to the functions of the Commission under the Act. Given the preponderance of women on the national minimum wage, as identified in the Commission’s July report, I asked the Commission to examine this issue and report its views as to the underlying reasons for this position, and to make any recommendations it considers appropriate. This will allow the development of a better understanding of the composition and profile of this group and any underlying causality. I welcome the research by the Nevin Economic Research Institute in this area, as it begins to identify some of the issues and concerns, and I have no doubt that the Low Pay Commission will also consider that work in the context of its own research and deliberations.
I expect the Commission’s Report on this matter to be presented by the end of October, 2016.
134. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he has examined banning zero-hour contracts as has transpired in New Zealand recently; and if he will make a statement on the matter. [5263/16]
View answerThe 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. The Study noted that the term ‘zero hours contract’ means someone who is not guaranteed hours of work but who is contractually required to make themselves available for work with an employer. This is the meaning ascribed by Section 18 of the Organisation of Working Time Act 1997. Under the Act, someone with a zero hours contract is entitled to some compensation if they are not required by an employer in a week.
New Zealand had no legislative definition of Zero Hours Contracts and no similar compensation arrangements in place and Zero hours Contracts were widely used in certain sectors. As I understand the New Zealand provisions they retain the concept of casual working where these workers do not have certainty of hours, but they can decline work, and the employer is under no obligation to offer work but may not have someone available when needed. I understand the new provisions require, however, that where hours of work are agreed, they must be clearly specified, such as in collective agreements or the individual’s employment agreement, and there is an avenue of redress for employees where there is a failure to record agreed hours in the employment agreement. This is intended to ensure that employers and employees are clear about their commitments to each other to provide or undertake work, respectively. I understand that where parties do not set agreed contracted hours, or when employees are offered hours above their agreed contracted hours, employees will be free to decline work on a case-by-case basis or the employment agreement must specify compensation when the employee is required to be available.
In the Irish context, the UL study 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.
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 require, and are currently being given, careful consideration by my Department. This will inform the policy response to be considered by Government arising from the study as will any other approaches, such as in New Zealand, that come to attention.
135. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the reason legal and veterinary services are excluded from the recent Comprehensive Economic and Trade Agreement; and if he will make a statement on the matter. [5264/16]
View answerThe final consolidated Comprehensive Economic and Trade Agreement, which completed legal review on 29 February 2016, contains a specific chapter regarding the mutual recognition of professional qualifications (Chapter 11). This provides a framework to facilitate a fair, transparent and consistent regime for the mutual recognition of professional qualifications, between the EU and Canada, and sets out the general conditions for the negotiation of mutual recognition agreements (or MRAs). Where appropriate, the relevant professional organisations in the EU and Canada can utilise the framework for the negotiation of MRA’s for their respective professions. The recognition of professional qualifications provided by an MRA will allow qualified individuals undertake professional activities in both jurisdictions, in accordance with the terms and conditions specified in the MRA.
The MRA model under CETA involves industry/professions/competent authorities issue joint recommendations, based on CETA guidelines. This then undergoes assessment by local governments, to ensure compliance with regulatory and legislative requirements, before being rendered binding by the MRA Committee, set up under CETA.
The process of MRA discussions have to date have centred on architects only, and have been following the professional qualifications of standards i.e. education, training and time working in profession. This will be the first joint recommendation for a MRA to be presented to the CETA MRA Committee. Currently, the MRA for architects is between the Architects’ Council of Europe and the Canadian Architectural Licencing Authority (who are the European/Canadian Licensing Authorities respectively), and the local governments. Both regulatory bodies will need to approve the MRA, as will the MRA Committee established under CETA, but, only when the Agreement is in effect.
It is anticipated that the process will follow the same pathway for all other regulated professions, including legal and veterinary services.
136. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation the way in which under current employment law a quota of local jobs can be reserved for local unemployed persons. [5293/16]
View answerThe recruitment of employees is one of the most important functions in any business and ultimately it is the employer that must decide what employee or number of employees they will employ. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees.
Article 45 of the EU Treaty on the Functioning of the European Union (TFEU) specifically highlights “the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.” Ireland has supported this principle of non-discrimination as part of the Freedom of Movement of Workers since our accession to the EEC in 1973. However, within these legal parameters, the Government has pursued a number of policies aimed at boosting local employment and helping unemployed persons in progressing to work.
Intreo, under the remit of my colleague the Minister for Social Protection, provides a single point of contact for all employment and income supports. Designed to provide a more streamlined approach, Intreo offers practical, tailored employment services and supports for jobseekers and employers alike. Intreo provides a wide range of supports and services to assist employers with their employment needs, designed to make sure that employers can access potential employees. Jobseekers are provided with guidance support and a Personal Progression Plan detailing the individual supports and training and education options and actions towards finding a job.
JobsPlus is one specific employer incentive which encourages and rewards employers who employ jobseekers on the Live Register. It is designed to encourage employers and businesses to employ people who have been out of work for long periods. It provides for a payment of €7,500 for each person recruited who has been unemployed for more than 12 but less than 24 months and a payment of €10,000 for each person recruited who has been unemployed for more than 24 months.
Since September 2013, a Protocol has been in effect between the Department of Social Protection, my Department and the Enterprise Agencies, with the aim of maximising recruitment by client companies of the enterprise agencies from the Live Register. This Protocol, implemented in the context of the Pathways to Work strategy, has had the added benefit of enhancing local networks and highlighting employment opportunities in enterprise agency clients in communities throughout Ireland.
In recent months, I have launched eight Regional Action Plans for Jobs aimed at using the strengths of each particular region to grow employment over the next three years. Targeted supports for local enterprises and local job creation can ensure that employment growth is spread more evenly throughout the country. These plans are being supported by funding of €250 million over five years to ensure implementation and the establishment of regional frameworks for employment growth.
Through all of these policies, the Government is working to equip local communities with opportunities to enable the unemployed to find meaningful and sustainable work.
137. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation his views on the recent Workplace Relations Commission ruling on au pair employment rights; his plans concerning employment rights in this regard; and if he will make a statement on the matter. [5316/16]
View answerThere is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. 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 (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage. The National Minimum Wage Act 2000 defines a contract of employment as 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.
All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.
In relation to public awareness, the WRC Information, Customer Services and Inspectorate functions maintains a high profile as part of the State body primarily responsible for information and compliance on employment rights in a number of ways. All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. To ensure that awareness of these obligations is maintained, the WRC collaborates with key partners including civil society organisations, the trade union movement, employer organisations and other State bodies. WRC publications are widely distributed through the offices of community organisations, NGOs and Citizen Information Offices. The WRC also participates in conferences and events and makes presentations not only to employer and employee groups but also to community and educational groups.
The recent WRC decision does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law. The Department of Jobs, Enterprise and Innovation has no plans to review the status of au pairs with a view to deeming persons determined to be employees to be outside the scope of employment law. The Department’s remit in this area is primarily concerned with ensuring that those people found to be employees can enforce their rights, as provided for under employment rights legislation.
138. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the number of vacancies which exist within his Department for candidates who must display competence in the Irish language; and if he will make a statement on the matter. [5437/16]
View answerRecruitment to my Department is undertaken principally by the Public Appointments Service (PAS) through competitions advertised publicly, setting out the competencies required for general civil service posts and technical/professional posts as appropriate.
There are no vacancies existing within my Department at this time which require specific competency in the Irish language, however, my Department is fully committed to The Department of Jobs, Enterprise and Innovation's (DJEI) Irish Language Scheme 2015-2018, which was prepared in accordance with Section 15 of the Official Languages Act 2003 and came into effect on 28 September 2015.
This Scheme builds on the principles of Quality Customer Service, and on the commitment in the Department’s Customer Charter to ensure that customers who wish to conduct their business through Irish can do so. It sets out a range of areas in which my Department is committed to improving bilingual services for customers, staff and the wider public over the next three years, and includes staff training, bilingual customer services, website, computer systems and on-line interactive services to the public.
My Department is committed to assessing on an ongoing basis the level of demand for services through Irish to ensure that the Department continues to meet this demand in a planned, coherent and accessible way.
139. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine how many farmers, under €15,000 and over €15,000, who experience a reduction under the basic payment scheme to the national average have also failed to qualify for the green low-carbon agri-environment scheme 1 or 2, under tier 1 or tier 2; and if he will make a statement on the matter. [4705/16]
View answer140. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the status of the basic payment scheme to 2019 for farmers who have an entitlement value above the national average, but an actual gross payment of €15,000 or less; and if he will make a statement on the matter. [4706/16]
View answerI propose to take Questions Nos. 139 and 140 together.
It is not possible to provide the statistical information requested in the two questions listed above within the required timeframe. My Department will forward this information directly to the Deputy within the coming week.
141. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the reason for the delay in processing payments under the young farmers scheme to a person (details supplied) in 2015; the progress of this application to date; and if he will make a statement on the matter. [4714/16]
View answerThe person named submitted a Private Contract Clause application to my Department seeking the transfer of land and entitlements by lease as Transferee. The Private Contract Clause application has been fully processed and payment under the Basic Payment Scheme will issue shortly.
The person named also submitted applications under the National Reserve and the Young Farmers Scheme. Once payment under the Basic Payment Scheme has been made the applications under the National Reserve and the Young Farmers Scheme will be finalised with a view to payment shortly thereafter.
142. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine to re-instate installation aid for category D young farmers (details supplied); and if he will make a statement on the matter. [4721/16]
View answerI have no plans to re-introduce the Young Farmers Installation Scheme. As the applicant named in this case has been set up in farming for over five years he is not eligible for the Young Farmer Capital Investment Scheme in TAMS II.
However, I am aware that there are a number of farmers such as the applicant who have missed out on previous grant schemes and I intend to prioritise their applications under all of the other TAMS schemes where the grant rate is payable at 40%.
143. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he has made a decision on a review of a penalty applied to a single farm payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4722/16]
View answerThe person named submitted an application under the Basic Payment to the Department on 29 May 2015.
Evidence of proof of entitlement to claim a share of a commonage was requested from the person named. While a rental agreement was provided, no folio evidence was included illustrating the entitlement of the lessor, in this instance, to rent this particular share of commonage to the person named. Accordingly, a penalty has been imposed which results in no payment under the Basic Payment Scheme for the year in question and an administrative fine for the subsequent year.
An Official from my Department will contact the person named directly to discuss the matter further.
