Written Answers Nos. 887-901
887. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the estimated full-year savings for 2017 by reducing spending on professional fees by 10% in his Department; and if he will make a statement on the matter. [14117/16]
View answerMy Department does not disaggregate spend on professional fees in its overall budget estimate and there is no estimate available for this type of spend in 2017 on which to calculate a 10% saving. The Revised Estimate for 2016 includes a ring-fenced allocation for Consultancy Services, Value for Money and Policy Reviews, which in some cases may involve the payment of professional fees depending on the nature of the services procured. An allocation of €599,000 has been provided for this purpose in 2016. A 10% reduction in the overall allocation would amount to €59,000.
888. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation to report on the reviews, if any, she is conducting on the hotel industry's employment practices; and if she will make a statement on the matter. [13383/16]
View answer900. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation to report on the reviews, if any, she is conducting on the hotel industry's employment practices; and if she will make a statement on the matter. [13382/16]
View answerI propose to take Questions Nos. 888 and 900 together.
The amount of pay an employee receives is a matter for negotiation and agreement between the individual and the employer. This is subject only to the provisions of the National Minimum Wage Act 2000. There is nothing to prevent employees reaching individual or collective agreements with employers on higher rates based on qualifications or other agreed criteria.
Ireland’s body of employment and equality legislation, including the National Minimum Wage Acts and the Organisation of Working Time Act, protects all persons legally employed in Ireland on an employer-employee basis and provides robust safeguards for employees.
The Industrial Relations Act 1946 provides that a trade union, or any organisation or group of persons claiming to be representative of workers or employers in any sector can ask the Labour Court to establish a Joint Labour Committee (JLC) for their sector.
A JLC is composed of equal numbers of representatives of employers and workers in a sector and they meet regularly, under an independent chairman, to discuss and agree terms and conditions, including pay, to apply to specified grades or categories of workers in the sector. When it reaches agreement on terms and conditions, the JLC publishes details and invites submissions. If, after consideration of any submissions received, the Committee adopts the proposals it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides they should be adopted it will forward a copy of the proposals to the Minister. If it is considered appropriate to do so, an Order giving effect to such proposals will be made by the Minister. Such an Order is known as an Employment Regulation Order. The Hotels Joint Labour Committee Establishment Order was last amended in January 2014 on foot of a Labour Court review of JLC's.
There are Joint Labour Committees in place for the Catering Sectors based in Dublin and outside of Dublin and Hotels based outside of Cork and Dublin. However, due to non-engagement of employer bodies within those Sectors, no EROs have been made which would set down terms and conditions for employees in other areas of the country. Therefore the only legally enforceable minimum rates of pay in those areas are those provided for in the National Minimum Wage Acts.
If employees are not receiving their entitlements they can choose to have a complaint investigated by an Inspector from the Workplace Relations Commission or adjudicated upon in a hearing. If an employee believes that his/her rights may have been infringed and would like to obtain redress he/she should contact the Workplace Relations Commission on Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. Complaints can also be submitted electronically on the "Workplace Relations e-Complaint Form" which can also be found on the Commission’s website.
889. Deputy Joan Burton asked the Minister for Jobs, Enterprise and Innovation to undertake a review of the rights of artists in Ireland, including a thorough examination of our existing copyright laws and the Competition Act. [13604/16]
View answerAn independent Copyright Review Committee was established by the then Minister for Jobs, Enterprise and Innovation in May 2011 to examine the Irish copyright framework from the perspective of removing any obstacles to developing and growing innovation. The Report of the Copyright Review Committee entitled “Modernising Copyright” was published in October 2013. In its Report, the Committee made in excess of 60 recommendations covering a diverse range of copyright issues with a view to modernising the copyright regime in Ireland.
Since the publication of the Report, my Department has conducted extensive analysis of the recommendations, including an in-depth assessment of the complex legal issues involved in certain of the proposals with the Office of the Attorney General, as well as examination of the proposals from a policy perspective. I hope to be in a position, over coming weeks, to bring to Government the Department's response to the Committee’s recommendations and, to seek approval for legislative proposals in relation to a number of the Committee's recommendations.
In addition, the European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016 were recently signed into law in Ireland. The Directive puts in place a harmonised system of governance for the operations of Collective Rights Management organisations (CMOs) across the EU. CMOs represent the licensing rights of copyright owners including authors and artists and collect royalties in relation to the use of their copyright protected works. The Directive as transposed in law in each Member State will strengthen the rights of copyright holders, including artists, to receive remuneration for the use of their rights in a timely manner.
Artists who are employees in Ireland have the same rights as all other employees. In cases of self-employed artists, as with other self-employed workers, the application of competition law would only be a consideration if there are allegations of anti-competitive behaviour.
890. Deputy Micheál Martin asked the Minister for Jobs, Enterprise and Innovation why a Minister of State with responsibility for research and innovation was not appointed; and if she will make a statement on the matter. [12878/16]
View answerThe Government recently appointed two Ministers of State to my Department. John Halligan T.D. serves in my Department as Minister of State with special responsibility for Training and Skills. Pat Breen T.D. serves as Minister of State with special responsibility for Enterprise and Small Business.
Research and development, science and innovation are important priority areas for my Department, and it is my intention to assign these specific areas of policy to Minister of State Halligan. The functions in relation to the research and development, science and innovation aspect of Minister of State Halligan’s portfolio will be similar to those of his predecessor.
891. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of legal actions and proceedings initiated and active against her, her Department and the State; the reason for the actions being undertaken in tabular form; and if she will make a statement on the matter. [12762/16]
View answerThe State Claims Agency (SCA) is the delegated authority for handling certain claims against my Department. There are currently 6 legal actions and proceedings ongoing through the SCA against me or my Department and its offices. The following table is a brief summary of these cases, in so far as the timeframe of the Deputy’s request allows.
|
Who was involved |
Incident/Hazard Category |
Total |
|
External contractor |
Exposure to physical hazards |
1 |
|
Member of the public |
Exposure to chemical hazards |
1 |
|
Staff member |
Exposure to physical hazards |
4 |
In seeking to provide the Deputy with the information requested, other than the above-mentioned claims handled by the SCA, the assumption has been made that the question relates to civil proceedings taken against my Department or one of its offices.
There are currently a further 26 legal actions and proceedings, including judicial reviews, ongoing against me or my Department and its offices.
|
Party/Parties involved |
Reason (purpose/detail) for legal actions and proceedings currently initiated and active against the Department or it’s offices |
|
The Plaintiff -v- Registrar of Companies |
The plaintiff objected to the recording of Form E8 (notice of appointment of receiver) against the company with the resulting change in status to "Receivership". It was heard on 11 December 2014, with judgment handed down on 16 January 2015, in favour of the CRO. On 23 January 2015 costs were awarded to the CRO with a stay of 28 days. ITC appealed the decision of the High Court and the appeal was heard in the Court of Appeal on 18 February 2016. Judgement is awaited and expected shortly. |
|
The Plaintiff -v- Registrar of Companies The Plaintiff -v- Registrar of Companies |
These cases are in respect of the same issue as the ITC case above. Proceedings were issued in Summer 2013 and are pending. A plenary summons has issued in both cases with no further steps taken. The relief sought are injunctions and a declaration. |
|
The Plaintiff -v- Loire Valley |
The plaintiff was unsuccessful in March 2013 in his judicial review of the Registrar`s strike off of his company, Loire Valley Limited. Costs were awarded in favour of the Registrar. The case has been appealed to the Supreme Court. |
|
The Plaintiff -v- Minister for Jobs, Enterprise and Innovation |
This is a claim by a bulk data customer for alleged breach of contract, in respect of data he maintains he did not receive. Statement of Claim has been filed by the plaintiff and the defence has been filed by CRO. |
|
The Plaintiff -v- Ireland |
Constitutional challenge to section 708 of the Companies Act 2014 and section 62 of the Statute of Limitations Act, 1961. |
|
The Plaintiff -v- Ireland |
Defamation proceedings arising from a report published pursuant to section 14 of Companies Act 1990. |
|
The Plaintiff -v- The Minister for Enterprise Trade and Innovation, Ireland and the Attorney General, Defendants The High Court Record No. 1996/6761P |
A case of defamation was taken against the Minister by Irish Press & others arising out of a press statement made by the then Minister on 26 October 1996. The plaintiffs initiated proceedings in the High Court on 8th November 1996. Their claim is for damages (including exemplary damages) and interest pursuant to the Court Act 1980, costs and any further relied granted by the Court. The Department has actively defended the case. The discovery process has been completed. The decision to initiate Court proceedings rests with the plaintiffs. After this the plaintiffs must get the case listed for a hearing in the High Court. At this stage the Department is not in a position to state when or whether the case will begin nor to indicate the likelihood of success or the possible liabilities arising. |
|
The Plaintiff -v- Employment Appeals Tribunal (EAT) & Dan Foran (notice party) |
Substantive issue settled but costs issue is still outstanding. The costs issue was transferred to the Court of Appeal; a hearing date is pending. |
|
The Plaintiff -v- Employment Appeals Tribunal (EAT) |
Substantive issue settled but costs issue is outstanding. Costs were refused by the High Court and the applicant appealed to the Supreme Court which will hear the costs appeal on 6 July 2016. |
|
The Plaintiff -v- Employment Appeals Tribunal (EAT) |
Case dismissed by the High Court in Sept 2015 but applicant appealed to the Court of Appeal, where a hearing date is pending. |
|
The Plaintiff -v- Employment Appeals Tribunal (EAT) & Anne Marie Cronin (notice party) |
Judicial Review of EAT preliminary decision. |
|
The Plaintiff -v- Employment Appeals Tribunal (EAT), John Walsh Rights Commissioner and Maureen Stewart |
Judicial Review of EAT determination and Rights Commissioner recommendation (WRC dealing separately with latter element). |
|
The Plaintiff -v- Employment Appeals Tribunal (EAT) & Hitianland Limited t/a Foodland Stores & Ireland and the Attorney General & the Irish Human Rights and Equality Commission |
Judicial Review of EAT determination. |
|
The Plaintiff -v- Director of the Equality Tribunal |
Appeal of Judicial Review to Supreme Court |
|
The Plaintiff -v- Director of the Equality Tribunal |
Appeal of Judicial Review to Supreme Court |
|
The Plaintiff -v- Director of the Equality Tribunal |
Appeal of Judicial Review to Supreme Court |
|
The Plaintiff -v- Director of the Equality Tribunal |
High Court Plenary Summons |
|
The Plaintiff -v- John Walsh Rights Commissioner |
Judicial Review |
|
The Plaintiff -v- Workplace Relations Commission |
Judicial Review |
|
The Plaintiff -v- The Labour Court |
Judicial Review |
|
The Plaintiff -v- The Labour Court & Clare County Council |
Judicial Review |
|
The Plaintiff -v- Minister for Jobs, Enterprise and Innovation, Ireland and the Attorney General |
Article 7 of the Working Time Directive 2003/88/EC (Schultz Hoff case on accrual of annual leave while on sick leave). |
|
The Plaintiff -v- Minister for Jobs, Enterprise and Innovation |
Refusal of employment permit |
|
The Plaintiff -v- Controller of Patents Designs and Trademarks and Donncha Haverty |
Appeal against the decision of the Controller in relation to a Patent |
|
The Plaintiff -v- Controller of Patents Designs and Trademarks |
Appeal against the decision of the Controller in relation to a Trade Mark |
|
The Plaintiff -v- Controller of Patents Designs and Trademarks |
Appeal against the Decision of the Controller in relation to a Trade Mark |
892. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the properties owned or leased by her Department or any agents of her Department by county; and if she will make a statement on the matter. [12763/16]
View answerAccommodation for my Department is provided by the Office of Public Works (OPW) in buildings which are either State owned or leased by OPW on our behalf. Therefore, my Department does not directly own or rent any properties.
Any property owned or leased by Agencies of my Department are a matter for the individual Agencies concerned for which I have no direct function.
I have asked all Agencies under the aegis of my Department to advise me of any such rents for the dates concerned, and I will communicate that information to the Deputy as soon as it is available.
893. Deputy Frank O'Rourke asked the Minister for Jobs, Enterprise and Innovation the number of persons employed in foreign direct investment companies here in the years 2005, 2010 and 2015; the policies the Government and its agencies are pursuing to maintain and strengthen the links that these companies have here; and if she will make a statement on the matter. [12787/16]
View answerThe number of people employed in Foreign Direct Investment (FDI) companies supported by IDA Ireland in the years 2005, 2010 and 2015 is outlined in the attached table. The number employed in such companies experienced a relatively small dip during the recession but has now not only recovered but has reached the highest FDI employment levels in IDA Ireland’s history, with over 187,000 employed at the end of 2015.
Our work in continuing to attract international investment in Ireland will be guided by both my Department’s strategies on Enterprise and Innovation and IDA Ireland’s own five-year strategy “Winning - Foreign Direct Investment 2015-2019”. Other government departments also play a crucial role in delivering on complementary policy actions, such as the National Skills Strategy 2025, to provide an environment that is conducive to job creation and supports the development of a competitive and sustainable enterprise mix.
IDA is now working to challenging targets over the period 2015 to 2020, namely:
- to create 42,000 net additional jobs
- to win an additional 1,080 investment projects
- €3.6bn in RDI investment by overseas firms
In addition to promoting Ireland to first-time investors, IDA Ireland continues to work in partnership with its existing client base to explore additional investment opportunities, with 70% of all investment projects coming from already established companies who want to expand their presence here.
As part of the growth strategy, IDA Ireland is committed to increasing the level of investment into each region of Ireland by between 30% and 40% and is working as part of a team of stakeholders in each region under the eight Regional Action Plans published by my Department. A key support measure in achieving the ambitious targets for the regions is the significant IDA property investment programme announced in February 2015. This programme of investment will ensure that there is an adequate supply of first-class property solutions to attract investment.
Under the Global Sourcing Initiative, both IDA Ireland and Enterprise Ireland are working together to maximise the opportunity for greater sourcing of materials and services by multinationals from indigenous. Recently, I took part in a two-day Trade and Investment Mission to Athlone, Sligo and Limerick organised by the agencies to introduce innovative Irish SMEs to the global multinational base in Ireland and to maximise sales opportunities.
Number of IDA Ireland client companies and numbers employed 2005, 2010 & 2015*
|
2005 |
2010 |
2015 |
|
|
No. of Companies |
1135 |
1100 |
1254 |
|
Total Employed |
159,193 |
147,105 |
187,056 |
*Statistics are gathered as part of the Annual Employment Survey carried out by the Department of Jobs, Enterprise and Innovation.
894. Deputy Eoin Ó Broin asked the Minister for Jobs, Enterprise and Innovation the amount of money spent by her Department on media advertising from March 2011 to February 2016, showing the media organisation, newspaper, radio, television, or any other forms of media to which advertisement fees were paid by her Department; and the amount of money paid per year to each individual media organisation in tabular form. [12889/16]
View answerIn the time available, it has not been possible for my officials to compile all of the information requested by the Deputy. Once the available information is collated, I will arrange for it to be forwarded to the Deputy.
895. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation given the commitments to strengthening the functioning of democratic institutions in Africa and to policy coherence for development, as a principle of the Lisbon treaty, if she will explain why European Union trade agreements are being stringent regarding deadlines for ratification; her views on claims that this can be seen to be unhelpful for the parliamentary ratification process in African countries; and if she will make a statement on the matter. [12955/16]
View answerEconomic Partnership Agreements (EPAs) between the EU and its Member States and the African, Caribbean and Pacific (ACP) States combine both trade and development provisions. The mandate for their negotiation derives from the Cotonou Agreement of 2000, between the EU and the ACP states. Their central objective is the reduction and eventual eradication of poverty, consistent with the objectives of sustainable development, and the gradual integration of the ACP countries into the world economy.
These Agreements aim to promote regional integration and integration into the world economy, and to enhance predictability and secure legal certainty. Trade Agreements are implemented in a gradual manner with favourable trade preferences given to our African partners. They are negotiated on a regional basis and are coupled with targeted co-operation and assistance to help ACP countries implement them. They are expected to have a positive impact on our ACP partner countries.
The timing of ratifications is, of course, linked to the legal requirements of relevant signatories and the need to maintain a World Trade Organisation-compatible trading regime. Since the conclusion of three EPAs with African countries in 2014, the EU has been working with the 27 African countries involved to achieve ratification by 1 October 2016. Ireland has played its part in this process. Ireland signed the EU-West Africa Economic Partnership Agreement (EPA) in December 2014 and this Agreement was approved by the Dáil on 26th November 2015. The signature, subject to ratification, of the EU-Southern African Development Community EPA and the EU-East African Community EPA was authorised by Government on 17th May 2016.
Ireland is actively engaging in ongoing consultations on timing of implementation to ensure that these important trade and development Agreements can achieve their potential to support the development priorities and needs of these African countries. We believe that the implementation of these agreements will promote economic growth and assist in the overall strengthening of democratic institutions and help these less developed countries take their place in the global trading community.
896. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation how a worker who has an adjudication from the Rights Commissioner and/or Labour Court receives payment of money owed to him or her by an employer who has ceased trading without going through the usual statutory processes for winding up a company; and if she will make a statement on the matter. [13176/16]
View answerSection 43 of the Workplace Relations Act 2015 provides that where a complaint which has been upheld at first instance by an Adjudicator of the Workplace Relations Commission (WRC), and has not been appealed by either party, remains unimplemented after a period of 56 days, the complainant concerned, a trade union or excepted body acting on behalf of the complainant, or the WRC in certain circumstances, may apply to the District Court for an order directing the employer to carry out the decision in accordance with its terms. Section 45 makes similar provision in respect of Labour Court decisions under the Act which remain unimplemented after a period of 42 days.
It is an offence to fail to comply with an order under section 43 or 45 of the Workplace Relation Act, directing an employer to pay compensation to an employee. The Act provides for a defence to proceedings for this offence for the defendant to prove on the balance of probabilities that he or she was unable to comply with the order due to his or her financial circumstances. However a person guilty of an offence shall be liable, on summary conviction, to a class A fine or imprisonment not exceeding 6 months or both.
Cases which relate to the enforcement of a complaint or dispute presented or referred to a Rights Commissioner before 1 October, 2015 would be governed by the law which existed before the commencement of the Workplace Relations Act 2015.
Where a person’s former employer was a limited company, the company must be in liquidation or receivership in order for the person to be eligible to claim for payment of an award under the insolvency payments scheme. The purpose of the insolvency payments scheme, which operates under the Protection of Employees (Employers’ Insolvency) Act, 1984, is to protect certain outstanding pay-related entitlements due to employees in the event of the insolvency of their employer. These entitlements include wages, holiday pay, sick pay, payment in lieu of minimum notice due under the Minimum Notice & Terms of Employment Acts, 1973-2001, and certain pension contributions. Various other statutory awards made by the Employment Appeals Tribunal, Rights Commissioners, etc., are also covered by the scheme. There are statutory limitations on the amount payable. The Minister for Social Protection, Leo Varadkar T.D., has responsibility for the administration of the payments from the insolvency payments scheme.
There are companies which cease trading without engaging in a formal winding-up process and in some such cases those employers may owe monies to their employees. Such employees are not eligible for payments under the insolvency payments scheme.
The Department of Social Protection has previously indicated that it is reviewing the position to establish what, if anything can be done to progress payments to individuals in these situations.
897. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the status of an application for a work permit by a person (details supplied); and if she will make a statement on the matter. [13185/16]
View answerThe application referred to by the Deputy was refused on 4 May 2016 as, amongst other things, the requirements of the Labour Market Needs Test were not met.
The applicant sought a review of this decision and this request was received in my Department on 13 May 2016. My Department is currently examining review requests received on the week commencing 18 April 2016 and this request will be dealt within the next three weeks.
898. Deputy Eugene Murphy asked the Minister for Jobs, Enterprise and Innovation if she is actively seeking a replacement business to take up the vacant 45 acre former Glanbia site in Rooskey, County Roscommon. [13356/16]
View answerI am informed that Enterprise Ireland understands, following the fire at the Glanbia factory in Rooskey in 2007, that the factory and site was sold to a private company. Enterprise Ireland held discussions with the promoters of a new project for the site in 2013 and provided some mentor expertise. However the project did not subsequently proceed. Should a relevant opportunity be identified for the site in Rooskey, it will be pursued by Enterprise Ireland.
IDA Ireland promotes County Roscommon as part of the overall West Region and continues to market as appropriate available land and buildings to potential investors.
The West Action Plan for Jobs was launched last November and covers the counties of Galway, Mayo and Roscommon. The primary objective of the Plan is to deliver an extra 25,000 jobs in the Region by 2020. This target will be achieved by enhanced cooperation and collaboration between various public bodies, agencies and the private sector to deliver on the 194 actions included in the Plan.
899. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation her plans to bring forward legislation in 2016 on zero-hour contracts and underemployment; if such legislation is already in draft form; the timeframe for such legislation; and if she will make a statement on the matter. [13381/16]
View answerSince 2012, the Action Plan for Jobs (APJ) has put in place a comprehensive set of measures agreed by Government to promote job opportunities and employment growth in all parts of the country. 155,000 more people are at work since the launch of the first Plan in 2012. This increase has been in full-time jobs rather than casual or temporary jobs, with full time jobs accounting for most of the jobs growth. The CSO data for April 2016 indicates that in the year to April 2016 the number of casual and part-time workers decreased by 8.3%, while part time under-employment has also fallen year on year – from 114,800 in Q1 2015 to 99,100 in Q1 2016.
While the latest CSO jobs figures and the trends in those figures are very encouraging, I am committed to considering an appropriate policy response to the report of the University of Limerick of their study of zero hour contracts and low hour contracts in the Irish economy.
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.
901. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation when she expects to receive the report of the Low Pay Commission with regard to the review of the sub-minimum rates of the minimum wage; and if she will make a statement on the matter. [13421/16]
View answerThe Low Pay Commission which is independent in the performance of its functions was established on a statutory basis in July 2015. Its principal function is to annually examine and make recommendations, which are evidence based, on the national minimum hourly rate of pay.
As well as making recommendations to me regarding the national minimum hourly rate of pay, by 19 July 2016, the Commission has also been requested to examine the appropriateness of the sub-minima rates as currently provided for in the National Minimum Wage Acts with regard in particular to their impact on youth unemployment rates and participation in education. This report was due by the end of February 2016, but an extension to the end of October 2016 was sought and has been granted to the Commission. This is to allow the Commission avail of new data due to come on stream over the coming months as a result of an additional question added to the Q2 2016 QNHS on a pilot basis.
The Commission has also been requested to examine the issues surrounding the preponderance of women on the NMW and report its views in relation to the underlying causes (report due by end October 2016).
