Thursday, 14 Apr 2016

Written Answers Nos. 141-154

Traffic Management

Questions (141)

Jack Chambers

Question:

141. Deputy Jack Chambers asked the Minister for Public Expenditure and Reform the Office of Public Work's policy on the closure of a road in the middle of the Phoenix Park during the summer time; and if he will make a statement on the matter. [6945/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Commissioners of Public Works implemented a “pilot” part road closure in summer 2012, when a 1.2 km stretch of Chesterfield Avenue, between the Phoenix roundabout (east) and the Mountjoy roundabout (west) - was closed to vehicular traffic at weekends during the summer months.

This closure is consistent with the objectives of the Phoenix Park Conservation Management Plan 2011.

The policy of the OPW is to continue with this successful initiative which facilitates the open access of Chesterfield Avenue at weekends to pedestrians, cyclists, runners, walkers and families.

Office of Public Works Properties

Questions (142, 147)

Brendan Smith

Question:

142. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform the location of properties, formerly used as Garda Síochána stations, currently in the ownership of the Office of Public Works; and if he will make a statement on the matter. [7047/16]

Brendan Smith

Question:

147. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform the location of properties, formerly used as Garda Síochána stations (details supplied), currently in the ownership of the Office of Public Works; and if he will make a statement on the matter. [7135/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I propose to take Questions Nos. 142 and 147 together.

The 2012 and 2013 policing plans for An Garda Síochána identified 139 Garda stations for closure. Many of these properties reverted to the OPW to identify an alternative State use or manage their disposal.

The OPW's Disposal Policy with regard to non-operational (vacant) State property is to:

1. Identify if the property is required/suitable for alternate State use by both Government departments and the wider public sector.

2. If there is no other State use identified for a property, the OPW will then consider disposing of the property on the open market if and when conditions prevail, in order to generate revenue for the Exchequer.

3. If no State requirement is identified or if a decision is taken not to dispose of a particular property the OPW may consider community involvement (subject to detailed written submission which would indicate that the community/voluntary group has the means to insure, maintain and manage the property and that there are no ongoing costs for the Exchequer).

The summary position regarding the 139 former Garda stations is as follows with full details below in Appendix 1.

Of the 139 former Garda stations 94 remain in the ownership of the Commissioners.

49 have been identified for disposal.

15 have been assigned or are in the process of being assigned, under licence, for community use.

16 properties are occupied by serving members of An Garda Síochána and remain under the management of An Garda Síochána.

9 of the properties have been retained (or are under consideration) for alternate State use.

1 has reopened as a Garda station.

1 has been retained by An Garda Síochána.

3 properties have been retained for strategic purposes and are under a pilot guardianship arrangement.

APPENDIX 1

Garda Stations Announced for Closure in the Garda Síochána Policing Plan 2012 and 2013 in the Ownership of the Commissioners of Public Works

SUMMARY

Amount	Status
49	Under consideration for disposal
15	Assigned for community use
16	Properties are occupied by An Garda Síochána
9	Properties retained or under consideration for State use
1	Reopened as a Garda station
1	Required by An Garda Síochána
3	Properties are under a pilot guardianship arrangement
94	TOTAL

Details

No.	Garda Station	County	Status Amount
1	Abbeydorney	Kerry	Occupied by AGS
2	Adrigole	Cork	Under consideration for disposal
3	An Clochán	Kerry	Under consideration for disposal
4	Ballinalee	Longford	Under consideration for disposal
5	Ballinskelligs	Kerry	Assigned for community use
6	Ballinspittle	Cork	Occupied by AGS
7	Ballintubber	Roscommon	Under consideration for disposal
8	Ballycastle	Mayo	Assigned for community use
9	Ballyduff	Waterford	Under consideration for disposal
10	Ballyfarnon	Roscommon	Under consideration for disposal
11	Ballyfeard	Cork	Under consideration for disposal
12	Ballyforan	Roscommon	Under consideration for disposal
13	Ballyglass	Mayo	Under consideration for disposal
14	Ballygurteen	Cork	Under consideration for disposal
15	Ballylongford	Kerry	Under consideration for disposal
16	Ballymoe	Galway	Under consideration for disposal
17	Ballytore	Kildare	Occupied by AGS
18	Barrack Street	Cork	Retained for State use - transfer to Cork City Council
19	Bawnboy	Cavan	Under consideration for disposal
20	Beaufort	Kerry	Assigned for community use
21	Bellacorrik	Mayo	Under consideration for disposal
22	Blacksod	Mayo	Under consideration for disposal
23	Broadford	Clare	Under consideration for disposal
24	Brosna	Kerry	Under consideration for disposal
25	Camp	Kerry	Under consideration for disposal
26	Castletown Conyers	Limerick	Under consideration for disposal
27	Castletown Geoghegan	Westmeath	Under consideration for disposal
28	Castletownsend	Cork	Assigned for community use
29	Cliffoney	Sligo	Assigned for community use
30	Clontibret	Monaghan	Under consideration for disposal
31	Cootehall	Roscommon	Assigned for community use
32	Corrandulla	Galway	Under consideration for disposal
33	Corrinshigagh	Monaghan	Under consideration for disposal
34	Culdaff	Donegal	Occupied by AGS
35	Dalkey	Dublin	Pilot guardianship arrangement
36	Donard	Wicklow	Assigned for community use
37	Doochary	Donegal	Under consideration for disposal
38	Doonbeg	Clare	Under consideration for disposal
39	Dromahair	Leitrim	Assigned for community use
40	Drumkeeran	Leitrim	Under consideration for disposal
41	Dunkineely	Donegal	Occupied by AGS
42	Fenit	Kerry	Under consideration for disposal
43	Galbally	Limerick	Occupied by AGS
44	Glenfarne	Leitrim	Under consideration for disposal
45	Glenisland	Mayo	Assigned for community use
46	Glenville	Cork	Occupied by AGS
47	Goleen	Cork	Under consideration for disposal
48	Harcourt Terrace	Dublin	Retained for State use - transfer to the Department of Education and Skills for the construction of a new primary school.
49	Hollymount	Mayo	Under consideration for disposal
50	Hollywood	Wicklow	Under consideration for disposal
51	Inagh	Clare	Under consideration for disposal
52	Keshcarrigan	Leitrim	Under consideration for disposal
53	Kilchreest	Galway	Occupied by AGS
54	Kilcolgan	Galway	Occupied by AGS
55	Kilconly	Galway	Under consideration for disposal
56	Kilfinnane	Limerick	Assigned for community use
57	Kilgarvan	Kerry	Assigned for community use
58	Kill	Kildare	Retained for State use
59	Kill O The Grange	Dublin	Pilot guardianship arrangement
60	Kilmeedy	Limerick	Assigned for community use
61	Kilmihil	Clare	Reopened as a Garda Station (due to closure of Lissycasey Garda station)
62	Kiltullagh	Galway	Occupied by AGS
63	Knockcroghery	Roscommon	Under consideration for disposal
64	Knocknagree	Cork	Under consideration for disposal
65	Lahinch	Clare	Occupied by AGS
66	Leenane	Galway	Under consideration for disposal
67	Leighlinbridge	Carlow	Occupied by AGS
68	Loughlynn	Roscommon	Retained for State use - transferred  to the HSE for an Ambulance Base
69	Malin	Donegal	Under consideration for disposal
70	Mary Street	Limerick	Retained for State use - transfer to Limerick City and County Council
71	McCurtain St	Cork	Retained for State use - transfer to Cork City Council
72	Menlough	Galway	Under consideration for disposal
73	Mountshannon	Clare	Occupied by AGS
74	Moyvane	Kerry	Under consideration for disposal
75	Mulranny	Mayo	Assigned for community use
76	Na Brocacha / Cloghan	Donegal	Under consideration for disposal
77	New Inn	Galway	Occupied by AGS
78	New Inn	Tipperary	Under consideration for disposalContract for Sale ready
79	Newbliss	Monaghan	Under consideration for disposal
80	Quin	Clare	Under consideration for disposal
81	Rathduff	Cork	Under consideration for disposal
82	Redhills	Cavan	Under consideration for disposal
83	Rush	Dublin	Assigned for community use
84	Shanaglish	Galway	Retained for State use - National Monuments Depot
85	Shanagolden	Limerick	Under consideration for disposal
86	Shannonbridge	Offaly	Occupied by AGS
87	Smithborough	Monaghan	Under consideration for disposal
88	Stepaside	Dublin	Pilot guardianship arrangement
89	Stradone	Cavan	Required by An Garda Síochána
90	Tarmonbarry	Roscommon	Under consideration for disposal
91	Tourmakeady	Mayo	Assigned for community use
92	Tynagh	Monaghan	Occupied by AGS
93	Valentia Island	Kerry	Retained for State use - Irish Coast Guard
94	Whitehall	Dublin	Retained for State use - redevelopment for State Pathologist and Dublin City Coroner almost complete.

Drainage Schemes

Questions (143, 144, 145)

Brendan Smith

Question:

143. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform his proposals to carry out major drainage work on the River Erne system in County Cavan due to the ongoing problems with flooding in its catchment area; and if he will make a statement on the matter. [7048/16]

Brendan Smith

Question:

144. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform his proposals to carry out drainage work on the Dromore river system in County Monaghan due to ongoing problems with flooding in its catchment area; and if he will make a statement on the matter. [7049/16]

Brendan Smith

Question:

145. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform the outcome of his discussions with the authorities in Northern Ireland on flooding problems caused by the River Erne in County Fermanagh and in County Cavan; if he has had discussions on the need to carry out the appropriate drainage and remedial works to alleviate the serious flooding problems that are caused in part by the restrictions to water flow through the River Erne at the channel between upper and lower Lough Erne and at the channel between the lower Lough Erne and the Cliff Dam near Belleek in County Fermanagh; and if he will make a statement on the matter. [7050/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I propose to take Questions Nos. 143 to 145, inclusive, together.

As indicated in my replies of 14 January, 2016, the Office of Public Works (OPW) does not have Arterial Drainage Schemes on either the River Erne or River Dromore and is not responsible for channel maintenance in either area.

Local flooding issues are, in the first instance, a matter for each local authority to investigate and address. They may carry out flood alleviation works from their own resources or apply to the OPW for funding under the Minor Flood Mitigation Works and Coastal Protection Scheme. Any application received will be considered in accordance with the scheme eligibility criteria, which comprise economic, social and environmental criteria and having regard to the overall availability of resources for flood risk management. Further details on this scheme are available on the OPW website www.opw.ie.

The core strategy for addressing areas at potentially significant risk from flooding, is the OPW's Catchment Flood Risk Assessment and Management (CFRAM) Programme. 300 locations nationwide are being assessed under the Programme the purpose of which is to implement the EU Floods Directive and the national flood policy.

The CFRAM Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of flood risk management options and the production of flood risk management plans.

In relation to the River Erne system, Cavan Town is an Area of Further Assessment (AFA) being assessed as part of the North Western-Neagh Bann CFRAM Study. Flood risk in other areas of the Erne system were not deemed to be significant under the Preliminary Flood Risk Assessment (PFRA) completed in 2011. Those parts of the River Erne system which affect Cavan Town have been modelled and mapped and are being assessed for options to address flood risk. Drainage works are part of the suite of measures that are being assessed. A public consultation day was held in Cavan Town on the draft flood mapping on 19th February, 2015 and a further event was held on 17th February, 2016 on the preliminary options. Discussions are ongoing with the Rivers Agency of Northern Ireland in relation to any flood risk issues within the River Erne system in Co Fermanagh. Catchment wide preliminary options were available at public consultation for discussion.

In relation to the Dromore River system, Ballybay is an AFA being assessed as part of the same CFRAM Study. Those parts of the Dromore system which affect Ballybay have been modelled and mapped and are being assessed for options to address flood risk. Drainage works are part of the suite of measures that are being assessed. A Public Consultation Day was held in Ballybay on the draft flood mapping on 18th February, 2015 and a further event was held on 15th February, 2016 in relation to the preliminary options.

Under the CFRAM Programme, the draft mapping is now being finalised following completion of the national statutory public consultation on 23rd December, 2015. Following finalisation of the mapping and the identification of preliminary flood risk management options, the final output from this important project will be integrated Flood Risk Management Plans containing specific feasible measures to address significant flood risks identified. The draft Plans are scheduled to be published in mid 2016.

Further information is available on the study website: www.northwestcframstudy.ie.

Pension Provisions

Questions (146)

Willie O'Dea

Question:

146. Deputy Willie O'Dea asked the Minister for Public Expenditure and Reform the progress in establishing an interdepartmental group to examine the issue of those who are forced to retire at 65 years of age but who are not eligible for a State pension until they reach 66 years of age, as he indicated in correspondence dated 24 November 2015; and if he will make a statement on the matter. [7132/16]

Written answers

Minister for Public Expenditure and Reform

In January the Government approved the establishment of an Interdepartmental Working Group to consider policy that will support fuller working lives. The Group is chaired by an Assistant Secretary from my Department and includes senior level representatives from the Departments of Jobs, Enterprise and Innovation, Social Protection, Justice, Health and Education.

The Group is presently examining all of the relevant issues and has been engaging with stakeholders.  The intention remains to report back to Government towards the end of the second quarter this year.

Question No. 147 answered with Question No. 142.

Flood Risk Management

Questions (148)

Robert Troy

Question:

148. Deputy Robert Troy asked the Minister for Public Expenditure and Reform the measures he has taken since it emerged that the committee which was established four years ago to deal with flooding has yet to be convened; who was responsible for this and what the consequences are for same; and if he will make a statement on the matter. [7136/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

I acknowledge the Special Report by the Comptroller and Auditor General on Strategic Planning for Flood Risk Management.

The Special Report has highlighted the governance structures to implement and co-ordinate the 2004 National Flood Policy. I am advised by the Commissioners of Public Works (OPW) that the early meetings of the Interdepartmental Co-ordination Group set the strategic direction for the implementation of the National Policy. A number of sectoral led policy initiatives were then developed and delivered including the Flood Forecasting and Warning Service, development of Planning Guidelines, establishment of Memorandum of Understanding with the Insurance Sector and also protocol and guidance documents for flood emergencies. The Interdepartmental Group also gave strategic direction to the national CFRAM programme. As future whole of government policy initiatives would be informed by the delivery of the Catchment Flood Risk Assessment and Management (CFRAM) outcomes, the Group did not reconvene pending the outcome of the CFRAM programme.

I reconvened this Group in July 2015. The Interdepartmental Policy Group has submitted an interim report to Government in January 2016 and its final report will be aligned with the CFRAM Flood Risk Management Plans. This ensures that the CFRAM Plans are not being considered in isolation of the wider flood risk management policy implications for Government, including areas such as insurance.

The direction at an operational level to deliver the CFRAM Programme was set by the National Steering Committee. This was informed by the pilots and the policy direction by the Interdepartmental Group. Robust governance structures have been established and continue to meet on a regular basis for each of the six CFRAM Study areas. Given the study based governance structures, the OPW, as lead and competent authority for flood risk management in Ireland took responsibility for oversight and co-ordination of the CFRAM programme.

The CFRAM has assessed 300 areas at significant risk and impact from flooding. Having modelled 6,700 kms of watercourse, taken climate change into account and consulted with the public on up to 40,000 flood maps, the OPW's CFRAM Programme will deliver by mid-2016 the plans to manage the risk of flooding for the future.

In addition to developing the strategic assessment of flood risk through the CFRAM, the OPW has brought a number of schemes through design and construction. The OPW has completed 36 major flood defence schemes providing protection to approximately 7,000 properties.

The Government has allocated €80.746 m in 2016 for the Office of Public Works (OPW) overall Flood Risk Management Programme of which €52.561m is for the continued implementation of the OPW's comprehensive programme of capital flood relief works. There are currently five major schemes at construction in Bray, Co Wicklow, River Dodder, Dublin, South Campshires, Dublin, Ennis Lower, Ennis and Phases 2, 3 and 4 in Waterford City. There are a further 26 schemes at design and planning stage and, of these, it is anticipated that construction works on schemes in Claregalway, Co Galway, Bandon and Skibbereen, Co Cork, Templemore, Co Tipperary and Foynes, Co Limerick will be commenced this year.

Other schemes in the capital works programme will be advanced through the planning or Confirmation (Ministerial approval) processes and every effort is being made to progress some of these schemes to construction in 2016 also.

The OPW will also continue in 2016 to administer its Minor Flood Mitigation Works and Coastal Protection Scheme which allows local authorities to submit applications for funding to OPW for localised projects costing under €0.5m and which meet required criteria including a minimum cost benefit standard. The OPW has provided €29m through this scheme and provides protection to approximately 5,000 properties.

In addition to its capital allocation another €15.3m in non-capital funding has been allocated to the OPW in 2016 for its ongoing arterial drainage maintenance works programme under which over 2,000km of river channels and watercourse which OPW is responsible for will be cleaned and maintained.

The provision of €430 million funding for flood risk management has already been made by the Government and was announced in the Infrastructure and Capital Investment Plan 2016 – 2021 published in September 2015. This funding will enable the OPW to continue with the implementation of its existing programme of flood relief capital works and to commence implementation on a prioritised basis of the structural flood defence measures that will be included in the flood risk management plans being prepared under the Catchment Flood Risk Assessment and Management (CFRAM) Programme.

Flood Risk Management

Questions (149)

Robert Troy

Question:

149. Deputy Robert Troy asked the Minister for Public Expenditure and Reform the progress he has made with the relevant agencies to ensure that the necessary remedial works, including dredging, will be carried out on the River Shannon; and if he will make a statement on the matter. [7137/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The core strategy for addressing the significant flood risks nationally and in the Shannon River Basin District generally, is the Office of Public Works' (OPW) Catchment Flood Risk Assessment and Management (CFRAM) Programme. There are 300 locations nationwide and 66 locations in the Shannon River Basin District that are being assessed under the Programme the purpose of which is to implement the EU Floods Directive and national flood policy. The Programme, which is being undertaken by engineering consultants on behalf of the OPW working in partnership with the local authorities, involves the production of predictive flood mapping for each location, the development of preliminary flood risk management options and the production of flood risk management plans. Under the Shannon CFRAM Study, draft predictive flood maps have been produced and were the subject of public consultations locally. The draft maps will be finalised in 2016 following the conclusion of the national statutory public consultation process on 23rd December, 2015.

Integrated Flood Risk Management Plans, containing specific measures to address in a comprehensive and sustainable way the significant flood risks identified in the Shannon River Basin District, follow the finalisation of the flood mapping and the identification of preliminary flood risk management options. The CFRAM Programme will be used to determine national priorities for future State investment in flood defences.

In addition, the Shannon Flood Risk State Agency Co-ordination Working Group which was established to enhance on-going co-operation across all of the State Agencies involved with the River Shannon has conducted an audit of the roles and responsibilities of State Agency organisations and has published its Shannon Flood Risk Work Programme for 2016. This Work Programme which is available on www.opw.ie sets out actions and activities to manage flood risk for the Shannon catchment.

The Working Group is examining a process for wider consultation. The Group is also considering the development of appropriate guidance that will set out more clearly the rights and responsibilities of non-statutory bodies.

It is also open to Local Authorities to carry out flood mitigation works using their own resources. The Office of Public Works operates a Minor Flood Mitigation Works and Coastal Protection Scheme and Local Authorities may submit a funding application under the Scheme. Any application received will be considered in accordance with the scheme eligibility criteria and having regard to the overall availability of resources for flood risk management. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial are published on the OPW website, www.opw.ie. It is not available for repair of damaged infrastructure or for maintenance of existing flood defence or coastal protection assets.

Flood Risk Insurance Cover Provision

Questions (150)

Róisín Shortall

Question:

150. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the options open to a person (details supplied) in Dublin 11 who is paying exorbitant home insurance premiums because of an estate being incorrectly geo-coded as a flood risk; the steps he has taken to prevent such incorrect geo-coding; and if he will make a statement on the matter. [7154/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Office of Public Works (OPW) has no role or function in relation to the oversight or regulation of insurance matters. The provision of insurance cover, the level of premiums charged and the policy terms applied are matters for individual insurers. Insurance companies make commercial decisions on the provision of insurance cover based on their assessment of the risks they would be accepting on a case-by-case basis.

The Memorandum of Understanding between the OPW and Insurance Ireland, which was signed on 24 March 2014, outlines the principles of agreement between the parties on the provision of information to insurers to facilitate, to the greatest extent possible, the availability to the public of insurance against the risk of flooding. The OPW is committed to providing Insurance Ireland with data on all completed OPW flood defence schemes showing the design, extent and nature of the protections offered by these works. Insurance Ireland members will then take into account all information provided by the OPW when assessing exposure to flood risk within these areas.

In accordance with the Memorandum, the OPW has provided Insurance Ireland with data on sixteen completed OPW flood defence schemes including the River Tolka in Dublin City, Fingal and Meath. Details of the information provided to the Insurance Sector is available on the OPW website, www.opw.ie. The location mentioned by the Deputy is not among the areas protected by the River Tolka scheme as it is not at risk of flooding from the River.

I am advised by the Minister for Finance that the EU framework for insurance expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval or provide systematic notification of certain matters, including general and special policy conditions and scales of premiums.

Insurance Ireland previously advised that insurers differentiate between risks by using various tools and data such as geocoding, their own individual company claims data, flood modelling data, secondary data, and the existence of adequate flood defences, etc. Insurers then decide whether to offer cover at normal terms, charge a higher premium, impose a higher excess or exclude flood cover. Insurers make their own individual decisions on whether to offer cover or what terms to apply.

Any person with an insurance-related query or complaint can contact Insurance Ireland's Insurance Information Service (01 676 1914 or [e-mail]). In addition, the Financial Services Ombudsman deals independently with unresolved complaints from consumers about their individual dealings with all financial service providers.

Building Regulations

Questions (151)

Jack Chambers

Question:

151. Deputy Jack Chambers asked the Minister for Public Expenditure and Reform if a fire safety certificate has been obtained for a building (details supplied) in Dublin 8 following its refurbishment and if a fire safety certificate is required for this building under the Building Control Regulations, 1997 to 2015; if the Office of Public Works has special exemption to make alterations to a building and thus not require a fire safety certificate; what the consequences are for not properly obtaining a fire safety certificate; and if he will make a statement on the matter. [7233/16]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Office of Public Works allocated buildings on the site of Ratra House to Forensic Science Ireland a number of years ago, as an interim accommodation solution pending the construction of a new permanent headquarters in Backweston. While some works were undertaken at that time, there has been no recent refurbishment project.

With regard to a Fire Safety Certificate, the property referenced is under the auspices of the Department of Justice and Part 9 of the Planning Regulations applies. In that context, this Office is exempt from the requirement to lodge a Fire Safety Certificate with the Local Authority. However all schemes of work would be reviewed and approved by appropriately qualified staff within the OPW.

Departmental Funding

Questions (152)

Robert Troy

Question:

152. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation to provide a funding stream for a project (details supplied) in County Westmeath. [7222/16]

Written answers

Minister for Jobs, Enterprise and Innovation

Local initiatives can play a central role in supporting entrepreneurship. This voluntary initiative is a prime example of how communities can work together to support business development and job creation. Last year, I announced details of the 5-year, €250 million Regional Action Plan for Jobs, aimed at accelerating the jobs recovery in every part of the country. Under the Regional Plan, Enterprise Ireland launched a competitive call, the Community Enterprise Initiatives Fund, with a budget of €5 million over two years, which focused on community-driven enterprise initiatives and how all the local players, public and private, can work together to maximise job creation. The Fund was open to organisations or groups of organisations with innovative ideas to create jobs, promote entrepreneurship, boost innovation or enhance exports. As this is a competitive fund, due to limited funding, it may not be possible to award aid to all eligible projects.

The results of the competitive Community Enterprise Initiative Scheme will be announced shortly.

Employment Rights

Questions (153, 156)

Regina Doherty

Question:

153. Deputy Regina Doherty asked the Minister for Jobs, Enterprise and Innovation his plans to recognise the au pair programme officially; and if he plans to recognise au pairs as a separate category of worker under employment law. [6374/16]

Michael McGrath

Question:

156. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if the full suite of employment legislation, including minimum wage legislation, applies to au pair arrangements; the duties and responsibilities of families that hire au pairs in terms of employment law; his plans to provide a formal basis for au pair arrangements; and if he will make a statement on the matter. [6502/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

I propose to take Questions Nos. 153 and 156 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.

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.

The national minimum wage (NMW) legislation provides for the maximum monetary deduction which can be made from the statutory minimum pay of an employee if the employee is provided with board and/or lodgings. Statutory Instrument No. 95 of 2000 provides that an employee for whom board and lodging are provided may have the following amounts deducted from their minimum wage calculation:

- €54.13 for full board and lodgings per week, or €7.73 per day

- €32.14 for full board only per week, or €4.60 per day

- €21.85 for lodgings only per week, or €3.14 per day

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.

Workplace Relations Services Staff

Questions (154)

Thomas P. Broughan

Question:

154. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the number of requests he received from the Workplace Relations Commission seeking permission to employ additional staff and the number of these he approved and refused, and the number pending for each of the years 2014 to 2016 to date; and if he will make a statement on the matter. [6453/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The Workplace Relations Commission (WRC) was established on 1st October 2015 under the Workplace Relations Act 2015, and has responsibility for information provision, workplace advice, mediation, conciliation, adjudication, inspection and enforcement in relation to employment rights, equality and equal status matters and industrial relations. The WRC assumed 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), and its staff forms part of the overall Departmental staffing complement.

The overall objective of the Workplace Relations Reform Programme is to deliver a world-class workplace relations service and employment rights framework that serves the needs of employers and employees and provides maximum value for money. The formation of the WRC therefore was intended to generate significant productivity through the bringing together of the services and staffing complements of the pre-existing bodies. In addition there is a significant multi-annual programme of investment in ICT systems which further contributes to the efficiencies within the organisation.

Staffing resources are allocated across my Department in the context of the requirement to manage the pay bill and staff numbers in accordance with Government policy, utilising available resources in the most effective and efficient manner as appropriate to business needs and priorities. On a day-to-day basis the HR Unit of my Department works with individual Business Units and the Department’s Management Board team on the allocation of staff resources and this would include the WRC. As an “Office” of my Department, this allows the Secretary General and his HR team the freedom to reallocate resources from one Business Unit to another as priorities change, always mindful that the pay-budget limits do constrain our capacity to grow staffing levels as well as having regard to strategic priorities captured through the workforce planning process, the latest iteration of which is currently under way in the Department.