Written Answers Nos. 268-277
268. Deputy Peadar Tóibín asked the Minister for Communications, Energy and Natural Resources the funds allocated under the better energy warmer homes scheme home fitted per category, in tabular form; and any unmet demand each year; and if he will make a statement on the matter. [17564/16]
View answerThe Better Energy Warmer Homes scheme is administered by the Sustainable Energy Authority of Ireland (SEAI) on behalf of my Department. The scheme delivers a range of energy efficiency measures to low income households vulnerable to energy poverty, which meet the defined eligibility criteria. The scheme is delivered through a combination of SEAI appointed Community Based Organisations (CBOs), augmented by a panel of private contractors in order to ensure national coverage. The homes of the scheme beneficiaries are retrofitted free of charge, thus making those homes more energy efficient. The measures available include draught proofing, attic insulation, lagging jackets for hot water tanks, low energy light bulbs and cavity wall insulation.
Since the scheme commenced in 2000, 123,174 homes around the country have received energy efficiency measures at a cost to the Exchequer of €161.75m. €16.5m has been allocated to the scheme for 2016.
Applications for the scheme are dealt with on a first come, first served basis. Once an application is made, contractors operating on behalf of SEAI survey the home to determine what measures are most suitable for that home. Once a survey has been completed, homes are issued to SEAI’s panel of appointed contractors and works typically proceed within a matter of days. The average waiting time from application to service delivery is 92 days, with the longest waiting period being six months. Demand for the scheme remains strong, clearly demonstrating its potential to continue to deliver energy efficiency gains and related benefits, such as reduced energy costs and better health outcomes.
The following table illustrates the number of homes completed in the last five years of the scheme's operation, along with the number of homes completed in the previous ten years of the scheme and the number of homes completed so far in 2016.
|
Better Energy Warmer Homes |
|||||||
|
Pre-2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 ytd |
|
|
Total Number of Homes Completed |
61,412 |
20,388 |
12,175 |
9,803 |
9,056 |
6,867 |
3,473 |
|
Value of grants paid € |
56,700,000 |
21,400,000 |
20,500,000 |
17,553,156 |
20,655,606 |
18,136,198 |
6,800,000 |
The Deputy will note that the average spend per home has increased considerably over the lifetime of the scheme. This is attributable to significant improvements in the building regulations, particularly with regard to draught proofing, that SEAI appointed contractors must meet and an increase in the average depth of renovation per home. Increasing the number of measures the typical home receives adds to the cost of the programme but delivers more energy savings and warmer, more comfortable homes to scheme beneficiaries.
SEAI has also been piloting a limited number of deeper interventions to homes that cannot be treated by some of the typical measures. These cannot be applied for but rather are chosen by SEAI from the pool of existing applicants based on a needs based assessment of the home. SEAI’s surveyors have strict guidelines to follow and the clients identified are those who are at the extreme end of fuel poverty and deprivation. Piloting deeper interventions through the Warmer Homes scheme is necessary to deliver learnings on the impact such interventions can have on those in energy poverty and also to ensure that the skills needed for such works are developed in the Irish construction sector.
269. Deputy Catherine Connolly asked the Minister for Transport, Tourism and Sport ,further to Parliamentary Question No. 64 of 14 June 2016, if the National Transport Authority produced and submitted a written report independent of Galway City Council to Galway City Council following its analysis of the traffic situation in Galway city culminating in the subsequent draft Galway transport strategy. [17406/16]
View answerI understand from the National Transport Authority (NTA) that it did not produce and submit a written report, independent of the Council, to Galway City Council relating to an analysis of the traffic situation in Galway City, which led to the subsequent drafting of the draft Galway Transport Strategy. The draft Galway Transport Strategy is a collaboration between Galway City Council, Galway County Council and the NTA. I am advised that the draft Strategy was recently on display for public consultation and can be viewed at: http://www.galwaycity.ie/news/446/59/Galway-Transport-Strategy/.
270. Deputy Lisa Chambers asked the Minister for Transport, Tourism and Sport the number of occasions in each of the years from 2011 to 2016 to date on which the powers vested in him or any Minister of State in his Department were exercised without any express act of delegation by departmental officials of certain seniority and responsibility, as per the Carltona doctrine. [17478/16]
View answerThe Ministers and Secretaries Act 1924 and Public Service Management Act 1997 outline the statutory responsibility of the Secretary General of my Department. Specific responsibilities are also assigned to officers at Assistant Secretary and Principal Officer level within the overall management framework for the Department in accordance with the Public Service Management Act, 1997. These assignments and other powers vested in me can be carried out by officers of the Department on my behalf unless the function is one which can only be exercised by me personally.
My Department does not keep statistical information in respect of each occasion on which powers vested in me are exercised by my officials pursuant to the Carltona Doctrine.
271. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the status of the 42-tonne restriction being reduced to a 40-tonne weight restriction; and if he will make a statement on the matter. [17545/16]
View answerThe derogation permitting a maximum weight limit of 42 tonnes over 5-axles (2-axle tractor unit and 3-axle semi-trailer combinations) expires on 30 June 2016.
I am currently examining this issue in light of a number of factors including the overarching need to secure a significant decrease in road and bridge infrastructure damage and related costs to the public finances, as well as in terms of the extensive period of time, since 2003, given to the industry to adapt to the ending of the derogation.
I understand that under the Road Traffic (Construction and Use) Regulations 2003 - S.I. No. 5 of 2003 an upper weight limit of 40 tonnes was set for such vehicles, with a five year derogation incorporated into the Regulations permitting these vehicles to operate at 42 tonnes until the end of 2008. However, since then, the derogation has been extended seven times.
272. Deputy Jim Daly asked the Minister for Transport, Tourism and Sport if he will arrange for a response to be issued from Córas Iompair Éireann to a query submitted to its agency (details supplied). [17559/16]
View answerThe issue raised is a matter for Córas Iompair Éireann (CIÉ) and I have forwarded the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a response within ten working days.
273. Deputy Noel Rock asked the Minister for Transport, Tourism and Sport to intervene in Athletics Ireland's decision to exclude a person (details supplied) from the three-man marathon team to represent Ireland at the Olympic Games in Rio de Janeiro, Brazil, despite his having one of the top three fastest times for the marathon in Ireland. [17565/16]
View answerThe selection of team members to represent Ireland in athletics events at the Olympic Games is a matter for Athletics Ireland as the National Governing Body for Athletics. All National Governing Bodies of Sport are independent, autonomous bodies and are responsible for their own governance procedures and competition rules for their sports. I have no role in relation to team selection by Athletics Ireland or any of the sporting bodies and it would be inappropriate for me to intervene in this matter.
274. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the status of hackney licences (details supplied); and if he will make a statement on the matter. [17619/16]
View answerThe regulation of the small public service vehicle industry, including the requirements for Hackney Licences, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013.
I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.
275. Deputy Jackie Cahill asked the Minister for Jobs, Enterprise and Innovation if she will instruct the Industrial Development Agency to request a report from the receivers of a company (details supplied) as to the circumstances surrounding the closure of this plant earlier in 2016 with the loss of all jobs; and if she will make a statement on the matter. [17571/16]
View answerThe recent High Court appointment of a provisional liquidator to this company involved a very specific legal process. I do not consider that it would be appropriate for either my Department or IDA Ireland to engage with the liquidator on the issue referred to in the question.
My focus and that of the IDA is on finding a new potential investor for this premises and thereby to pursue employment opportunities for the Suir Pharma employees. IDA Ireland are fully engaging with the liquidator in relation to pursuing new investment opportunities for this site.
276. Deputy Lisa Chambers asked the Minister for Jobs, Enterprise and Innovation the number of occasions in each of the years from 2011 to 2016 to date on which the powers vested in her or any Minister of State in her Department were exercised, without any express act of delegation, by departmental officials of certain seniority and responsibility, as per the Carltona doctrine. [17473/16]
View answerThe Public Service Management Act 1997 states that a Minister is responsible for the performance of functions assigned to his/her Department and that the Secretary General of a Department has the authority to assign responsibility for functions performed on behalf of the Minister to appropriate officials within the Department. Under the terms of the Public Service Management Act “Assignment of Functions” arrangements are in place under which clear lines of authority for certain areas of work are assigned to each Assistant Secretary who in turn reposes certain authority in each of his or her Principal Officers. These arrangements are captured on www.whodoeswhat.gov.ie.
The Carltona Doctrine, which permits a function of the Minister to be carried out by an appropriate official on behalf of the Minister, without any express act of delegation, unless the context makes it clear that this is something that can only be done by the Minister personally, is a general principle that underpins the operation of Government Departments. The legal principle underlying this practice was formally established by the UK Courts in 1943 and was ultimately recognised by the Irish Supreme Court in Tang v Minister for Justice [1996] 2 ILRM 46 and Devanney v Shields [1998] 2 IR 130. The Carltona Doctrine principle is applied in the day-to-day workings of all Government Departments.
As Minister, I have ultimate responsibility for the performance of all the functions of my Department, ranging from significant political decision making on major policy issues to routine administrative responsibilities discharged on my behalf by Departmental officials. Responsibility for certain functions assigned to my Department is currently being delegated to the new Ministers of State, Deputies Pat Breen and John Halligan.
Finally, certain officers of my Department exercise statutory functions in their own right such as the Director of Corporate Enforcement, the Registrar of Companies, the Director General of the Workplace Relations Commission and so on where such functions are set out in legislation.
277. Deputy Josepha Madigan asked the Minister for Jobs, Enterprise and Innovation if she will urgently consider a legislative framework for au pairs (details supplied); and if she will make a statement on the matter. [17543/16]
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.
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.
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. I have 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. My 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.
Finally, under the National Minimum Wage Act 2000, certain reckonable components may be taken into account for all workers to determine an employee’s average hourly rate. In this context, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay (the term ‘full board’ means an entitlement to meals during the day) as follows:
- €54.13 for board and lodgings per week, or €7.73 per day;
- €32.14 for board only per week, or €4.60 per day;
- €21.85 for lodgings only per week, or €3.14 per day.
The inclusion of this provision in the National Minimum Wage legislation was recommended by the Inter-Departmental Group on Implementation of a National Minimum Wage. It was the view of the Inter-Departmental Group that the monetary value of the allowances for the purpose of the National Minimum Wage would not be set at market value but rather would be similar to the amount provided for in Employment Regulation Orders.
The National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) provided for the amounts specified. There are currently no plans to make changes to these provisions. However, I am very conscious of the passage of time since these rates were set and I will keep this in mind in my consideration of this issue.
