Written Answers Nos. 902-916
902. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation when the proposed consumer rights Bill will be brought to Second Stage; and if she will make a statement on the matter. [13422/16]
View answerI am not in a position at this stage to say when the proposed Consumer Rights Bill referred to in the Deputy’s question will be brought to Second Stage. My predecessor published the draft Scheme of a comprehensive, consolidated Consumer Rights Bill for public consultation in May 2015 and indicated that he hoped to submit the draft Scheme to Government for approval in early 2016. In December 2015, however, the European Commission published legislative proposals for Directives on consumer contracts for the supply of digital content and consumer contracts for the online and other distance sale of goods. The Commission’s proposals overlap very substantially with two of the main parts of the draft Scheme of the Consumer Rights Bill. Discussions on the digital content proposal at working party level have proceeded rapidly with a first reading of the proposal completed by April 2016. At its next meeting on 9 June, the Justice and Home Affairs Council is due to have a policy debate on the digital content proposal with a view to approving the common understanding of basic principles identified during the first reading and to endorsing political guidelines for future work on the proposal.
In this situation, I will have to give serious consideration to whether it would be premature and inadvisable to bring forward a legislative proposal to the Oireachtas when a directly related and fully harmonised legislative proposal is proceeding through the European Union legislative process. I will review the matter and consider how best to proceed in the light of the outcome of the policy debate at the forthcoming meeting of the Justice and Home Affairs Council.
903. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the number of alternative dispute resolution bodies which have been approved following the transposition of the European Union directive on alternative dispute resolution in 2015; the actions her Department will take to increase coverage of approved alternative dispute resolution bodies; and if she will make a statement on the matter. [13423/16]
View answerThe Competition and Consumer Protection Commission (CCPC) is the designated competent authority in Ireland for the purposes of EU Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution (ADR) which was transposed into Irish law by S.I. No. 343 of 2015. A dispute resolution entity established in this State which intends to qualify as an ADR entity under regulation 7.1 of S.I. No. 343 of 2015 must first notify the CCPC of the information requirements specified in schedule 1 of the S.I. The CCPC which was established as a statutorily independent body under the Competition and Consumer Protection Act 2014 must process the notification request in accordance with the quality criteria specified in the S.I. for dispute resolution entities seeking to be notified as qualified ADR entities to the EU Commission.
The CCPC also has an advocacy role under the Competition and Consumer Protection Act 2014 as well as regulation 5(4)(a) of the S.I. under which they are tasked to raise awareness about ADR procedures among consumer organisations and professional organisations. The European Consumer Centre Ireland is the designated national Online Dispute Resolution contact point in the State under S.I. No. 500 of 2015 pursuant to EU Council Regulation No. 524 of 2013.
To date, one ADR entity has been successfully notified as a qualified entity under the notification procedures operated by the CCPC and a number of applications are under consideration. With regard to the matter of whether a dispute resolution entity chooses to seek qualification as a notified ADR entity under the legislation, this is a decision proper to an individual organisation and neither the CCPC nor my Department have any statutory function to compel dispute resolution entities to undertake the notification process necessary to achieve statutory notification. However, the CCPC affords assistance to dispute resolution entities who indicate their intention to undertake the notification process.
904. Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation her plans to announce the results of the competitive community enterprise initiative scheme; and if she will make a statement on the matter. [13559/16]
View answerLast year, the Government 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.
905. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation if a grant will issue (details supplied); and if she will make a statement on the matter. [13576/16]
View answerLast year, the Government 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.
906. Deputy Seán Barrett asked the Minister for Jobs, Enterprise and Innovation if she has received correspondence from an organisation (details supplied); if she will consider the views of this organisation regarding regulating and identifying the au pair programme as a cultural exchange programme rather than categorising this programme under domestic workers-employees category; and if she will make a statement on the matter. [13580/16]
View answerI can confirm that correspondence from the organisation concerned was forwarded on to my Office recently.
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 recent WRC decision regarding an individual working as an Au Pair 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.
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.
907. Deputy Ruth Coppinger asked the Minister for Jobs, Enterprise and Innovation the number of agency workers employed in the State for each year since 2008, in tabular form. [13636/16]
View answer908. Deputy Ruth Coppinger asked the Minister for Jobs, Enterprise and Innovation the number and size of employment agencies operating in the State for each year since 2008. [13637/16]
View answerI propose to take Questions Nos. 907 and 908 together.
An “agency worker” means an individual employed by an employment agency under a contract of employment by virtue of which the individual may be assigned to work for, and under the direction and supervision of, a person other than the employment agency. Under the EU Directive on Temporary Agency Work, temporary agency workers have the right to equal treatment in basic working and employment conditions. This Directive was transposed into Irish legislation by the Protection of Employees (Temporary Agency Work) Act 2012.
With effect from 1st October 2015, the activities of the Labour Relations Commission, the National Employment Rights Authority (NERA), the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court were merged into a new Body of First Instance, known as the Workplace Relations Commission (WRC).
The Workplace Relations Commission (formerly NERA), has processed the applications for employment agency licences and issues these licences since 2012.
Employment Agency licences are renewed on an annual basis. The application form is a prescribed form under the Employment Agency Act, 1971. Under the Act, there is a requirement for a licenced employment agency to provide a half yearly return relating to the number of persons who applied to the agency for employment, the number placed in employment and details of persons placed outside the State.
Employment Agency returns are on a manual basis and are usually made at the time of renewal of the licence. The number of agency workers employed in the State for each year since 2008 is not currently available.
The following table shows the number of licences issued in each year from 2008 to 27th May 2016.
|
Year |
Number of Licences Issued |
|
2008 |
588 |
|
2009 |
422 |
|
2010 |
445 |
|
2011 |
447 |
|
2012 |
463 |
|
2013 |
381 |
|
2014 |
522 |
|
2015 |
593 |
|
2016 |
252 (To 27/5/2016) |
There were 582 licences in force on 27th May 2016.
A complete list of all licences in force is available on
https://www.workplacerelations.ie/en/What_You_Should_Know/Employment_Agencies/Agencies.html
909. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the estimated full-year savings for 2017 by reducing spending on professional fees by 10% in her Department; and if she will make a statement on the matter. [14113/16]
View answerThe estimated expenditure provision for professional fees, including but not limited to legal, IT-related, accountancy, and other advisory and consultancy costs for 2016 for my Department is €5.3 million. It is important to recognise the uncertain nature of legal fees which can vary from year-to-year, and will be dependent on caseload, complexity, duration and outcome.
The €5.3 million includes an amount of €784,000, which relates to the Forfás consultancy budget which is now part of the Department’s budget following Forfás integration into the Department in mid-2014.
The indicative saving in 2017 if the expenditure provision on professional fees was to be reduced by 10% would be in the region of €530,000.
My Department keeps the overall position on all expenditure, including professional fees, under close review. Where a decision is taken to engage external providers, this is, and will continue to be done in the context of the options open to my Department at that time and with a view to best value for money.
Where the use of external services is considered necessary, this is subject to normal public procurement procedures. All expenditure incurred by the Department is subject to annual audit by the Comptroller and Auditor General as well as the Department’s Internal Audit Unit. On occasion the Revenue Commissioners will also conduct audits on departmental expenditure to ensure compliance with tax requirements.
910. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the estimated full-year saving for 2017 by reducing spending on travel by 10% in her Department; and if she will make a statement on the matter. [14129/16]
View answerThe total Travel and Subsistence costs incurred by the Department and its offices in 2015 was €1,451,940.18. This includes all national and international travel expenditure incurred by Ministers, their staff, and the staff of the Department and its Offices which include:
- Companies Registration Office
- Employment Appeals Tribunal
- Office of the Director of Corporate Enforcement
- Low Pay Commission
- Patents Office
- Workplace Relations Commission.
There has been no change to the Travel expenditure provisions in the Department’s 2016 Estimate when compared to the 2015 travel provision.
The quantum of travel expenditure incurred during 2016 will ultimately depend on the volume of official travel undertaken by Ministers, their staff and officials of the Department and its Offices in servicing the wide range of activities across the Department’s remit, nationally and internationally.
Based on the 2015 level of travel expenditure incurred, a 10% reduction on travel expenditure would therefore give rise to €145,194.
911. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the reduction in funding to anti-domestic violence support organisations and refuges for women and their children in each of the years 2009 to 2016 to date. [12566/16]
View answerThe information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.
912. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the funding she has allocated to anti-domestic violence support organisations and refuges for women and their children; and the names of the organisations that have received funding. [12567/16]
View answerThe information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.
913. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the cost of restoring funding to Rape Crisis Centres to 2005, 2007, 2011 and 2015 levels. [12568/16]
View answerThe information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.
914. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the cost of restoring funding to Women’s Aid to 2005, 2007, 2011 and 2015 levels. [12569/16]
View answerThe information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.
915. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs her plans to resource age-appropriate bail programmes and effective bail supports. [12652/16]
View answerA contract was awarded by my Department to Extern, a leading social justice charity operating across Ireland to progress a Bail Supervision Scheme for young offenders in April 2016. I am advised that based on evidence elsewhere in this area, an intensive bail supervision scheme for young people should impact on trends for the remand of young people in custody by offering courts a new option ‘bail with supervision’ (as an alternative to a remand in custody to detention) following an assessment of suitability. This alternative option should also help a young person to moderate their chaotic circumstances and promote greater stability and pro-social behaviour during the period of bail.
This proposal is in line with actions outlined in the current Youth Justice Action Plan 2014-2018. It is envisaged that this scheme will ensure that detention as a last resort is possible and judges will have available to them information on how a young person is progressing on compliance with bail conditions laid down by the court. The scheme will provide support through the use of intensive therapeutic supports to assist the young person to desist from anti-social behaviour and support families during the period of a remand on bail in the community.
I have asked my Department to finalise the contract to operate the new scheme as soon as possible this year. The scheme will operate initially on a pilot basis in the Dublin area. It will be available at the discretion of the presiding Judge and will have a prescribed reporting system back to the courts through the Probation Service, An Garda Síochána and the Oberstown Children Detention Campus. The detailed procedures and responsibilities for each partner agency are currently being developed and this will also involve consultation with the Judiciary. An Inter-Agency Implementation Team chaired by the Irish Youth Justice Service will monitor the scheme.
916. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the guidelines in place for the single separation of children in detention. [12653/16]
View answerI assume the Deputy is referring to single separation of children as it applies to children detained in the Oberstown children detention campus, Lusk, Co Dublin.
A range of policies relating to the provision of safe and secure custody for children in Oberstown is in place. These policies have been approved by the Oberstown board of management over a number of years and can be viewed on the website of the Irish Youth Justice Service at www.iyjs.ie.
A "Separation policy for children detention schools" has been in place since September 2012 and this is available on the website. I have asked my Department to forward a copy to the Deputy.
