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Tuesday, 4 Oct 2016

Written Answers Nos. 595 - 618

IDA Ireland Supports

Questions (595)

Bríd Smith

Question:

595. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation the general supports client-supported companies can expect from the IDA and any other State agency that fall under her Department's remit. [28049/16]

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Written answers

IDA Ireland’s mission is to attract high-value foreign direct investment (FDI) requiring high skill levels and a sophisticated business environment. To achieve this, the Agency may provide financial assistance to companies wishing to locate or expand their existing operations in Ireland.

These incentives include:

- employment grants;

- capital grants;

- research & development grants; and

- feasibility study grants.

Grant awards are made on the basis of a comprehensive business proposal from the company and only after due diligence has been undertaken by IDA Ireland. They are also subject to regional aid guidelines, which are set by the European Commission.

Enterprise Ireland (EI) works in partnership with Irish businesses to help them start, grow, and expand into global markets. It provides funding and supports for companies – from entrepreneurs with business propositions for a high potential start-up through to large companies expanding their activities, improving efficiency and growing international sales. The availability of all EI supports is communicated in a number of ways:

- The Agency’s website www.enterprise-ireland.com/en/;

- EI’s Development Advisors;

- EI’s regional offices;

- Public calls for applications.

Finally, the Local Enterprise Offices (LEOs) are the first-stop-shop for providing advice and guidance, financial assistance and other supports to those wishing to start or grow their own business. Subject to certain eligibility, the LEOs can offer direct grant aid to microenterprises (10 employees or fewer) in the manufacturing and internationally-traded services sector which, over time, have the potential to develop into strong export entities.

In addition, the LEOs provide a signposting service in relation to other available State supports including, Revenue, the Department of Social Protection, Microfinance Ireland and Education & Training Boards Ireland. For anyone interested in starting or growing a business, the LEOs may be able to offer soft supports in the form of training and mentoring.

In September 2015, a new guide was launched setting out the range of State supports available for the manufacturing sector, which is available on my Department’s website and brings together all these services in a single publication to enable Irish businesses access the support they may not even realise they are eligible for. Details are at: https://www.djei.ie/en/News-And-Events/Department-News/2015/September/14092015.html

In the area of access to finance, a range of initiatives has been introduced - from Microfinance Ireland to the Strategic Banking Corporation of Ireland, and from the Credit Guarantee Scheme to the Ireland Strategic Investment Fund - and continued investment in seed and venture capital through Enterprise Ireland. These initiatives remain available and accessible to business and continue to provide increased access to credit and finance for Irish enterprise.

Manufacturing Sector

Questions (596)

Brendan Smith

Question:

596. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the progress to date to secure a replacement industry following the closure of a manufacturing plant in County Monaghan; if she will ensure that discussions are held with a company (details supplied) that proposes to relocate here with a view to establishing that business in County Monaghan; and if she will make a statement on the matter. [28050/16]

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Written answers

After the announcement of the closure of the BOSE factory, an inter-agency co-ordination group, chaired by Enterprise Ireland, was established. This group was focused on co-ordinating the response from the State in terms of assisting affected staff. The inter-agency group also helped to develop a demographic and skills profile of former staff at the BOSE facility. This was completed by IDA Ireland in partnership with BOSE HR locally. This profile is central to IDA Ireland’s continued marketing of the location.

I understand that the other company referred to does not intend to re-locate to Monaghan at the expiration of the current lease of their facilities in County Louth. However, the IDA will continue to bring the BOSE facility to the attention of other prospective investors. The Agency is also undertaking broader efforts to secure new investment for County Monaghan.

Public Procurement Contracts

Questions (597)

Maureen O'Sullivan

Question:

597. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation the areas of public procurement which have been explicitly excluded from the application of CETA for Canada and for the EU (details supplied); and if she will make a statement on the matter. [28133/16]

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Written answers

The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a comprehensive free trade agreement that will remove tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. CETA represents a modern high standard agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors. CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.

Chapter nineteen in CETA on Government Procurement will eliminate the asymmetry between the EU and Canada, given that the EU procurement market is already de facto open to Canadians, including at the sub-federal level, while in Canada the access for EU firms is very limited. This will not require any change in practice, and leaves the existing procedural framework as set out in the EU procurement Directives intact.

For the first time, Canadian provinces, territories and municipalities will open their procurement markets to a third country, going well beyond what Canada has offered in the GPA (the multilateral Government Procurement Agreement) or under NAFTA (the North America Free Trade Agreement). Canada’s provincial procurement market is estimated to be double the size of its federal equivalent.

In accordance with the WTO General Agreement on Trade in Services (GATS), sovereign governments have the right to organise public services and institutions as they see fit. CETA preserves the right of the EU and its Member States to maintain existing or adopt, new or more restrictive, measures in the future for the areas or sectors specified in the Annex II reservations of the agreement. These reservations include public monopolies and the exclusive rights of public utilities at all levels of government and public services such as health, education, water supply and public services.

The full text of CETA, including the Annexes and reservations, is publically available on the EU Commission’s website at -

http://eur-lex.europa.eu/search.html?qid=1475148255462&PROC_NUM=0206&DB_INTER_CODE_TYPE=NLE&type=advanced&PROC_ANN=2016&lang=en.

Action Plan for Jobs

Questions (598)

Ruth Coppinger

Question:

598. Deputy Ruth Coppinger asked the Minister for Jobs, Enterprise and Innovation the measures she is taking to increase employment in the Travelling community; and if she will make a statement on the matter. [28175/16]

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Written answers

The Action Plan for Jobs is one of the Government's key instruments to support job creation. Since the launch of the first Plan in 2012, 176,000 more people are in employment, driven by growth in job openings in both the manufacturing and services sectors. Our target under the 2016 Action Plan for Jobs is to add 50,000 new jobs this year. We have made a good start. Over 36,000 new jobs were created in the six months of 2016. According to the CSO the unemployment rate fell to 7.9% in September this year, down from 9.1% in September 2015. The seasonally adjusted number of persons unemployed was 172,900 in September 2016, down from 180,200 when compared to the August 2016 figure and youth unemployment fell to 15.9% in September 2016 from 20.9% in Sept 2015.

The Government's Enterprise 2025 is a whole of enterprise strategy, aimed at delivering opportunities across all regions and across all sectors. It sets the ambition to achieve full employment that is sustainable and resilient over the longer term. A key part of delivering on this ambition is about establishing a vibrant and stimulating ecosystem for entrepreneurship in all sectors and in supporting small businesses to sustain and grow employment.

The Local Enterprise Offices (LEOs) of my Department provide advice guidance and financial assistance and other supports to all people regardless of ethnicity that wish to start their own enterprises. A number of LEOs have undertaken targeted initiatives to engage with prospective entrepreneurs amongst the Traveller and Roma communities as well as other ethnic and minority groups. The best practice in respect of any such specialised initiatives is ensured on a national basis through the LEO Centre of Excellence in Enterprise Ireland.

The main responsibilities for measures to increase employment in the Traveller and Roma community rests with the Minister for Social Protection through the INTREO service as well as with the Minister for Justice and Equality who has overall responsibility for the compilation and implementation of the National Traveller and Roma inclusion Strategy (NTRIS) to which my Department also contributes.

In this regard, Community Employment (CE) has special provision for members of the Travelling Community. Travellers aged 18 or over who are unemployed and in receipt of jobseekers benefit, jobseekers allowance for 1 week or more, or Travellers who are in receipt of one parent family payment for 12 months or longer, are eligible to participate on CE. Declaration of membership of the Travelling Community is up to the individual, and many Travellers are eligible under the other standard CE categories and so do not show under the Traveller eligibility category. The statistics for those Travellers who declared membership of the Travelling Community for August 2016 shows 225 participants.

There are a number of specialist Traveller CE schemes, including Clondalkin Travellers Enterprise, West Cork Traveller and Environmental Project, Northside Travellers Support, Southside Traveller Action Group, Travellers Support Group Blanchardstown, Navan Travellers Workshops, Galway Traveller Movement, and Pavee Point.

Work Permits Applications

Questions (599)

Bernard Durkan

Question:

599. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation when a work permit will issue in the case of a person (details supplied); and if she will make a statement on the matter. [28197/16]

View answer

Written answers

There is no record in my Department of an Employment Permit Application in respect of the person named by the Deputy.

I should advise the Deputy that my Department has just commenced a new online employment permits application service that will greatly improve the service and delivery times for applicants. This service is available at https://epos.djei.ie/EPOSOnlineportal#/app/welcome.

EU Issues

Questions (600)

Niall Collins

Question:

600. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if she has had any discussions at EU Council level in redistributing EU agencies from the UK after Brexit negotiations are completed; and if she will make a statement on the matter. [28245/16]

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Written answers

I have not had discussions to date at the Council of Ministers on the reassignment of European Union agencies after the UK’s departure from the EU.

While Government will seek to pursue any appropriate opportunities for Ireland arising from the UK’s departure, there are no specific plans at present in relation to EU agencies within the direct responsibility of my Department.

Job Creation

Questions (601)

David Cullinane

Question:

601. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the definition of entrepreneur that is used by her Department when framing legislation and in particular tax relief schemes; and if she will make a statement on the matter. [28271/16]

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Written answers

The goal of this Government is to support the creation of an additional 200,000 jobs by 2020 with 135,000 outside Dublin and to achieve sustainable full employment. This is a whole of Government effort and is delivered through our integrated Action Plan for Jobs. The Action Plan for Jobs process aims to strengthen the enterprise base, in particular through supporting entrepreneurship, start-ups and small and medium sized enterprises.

The terms ‘entrepreneur’ and 'entrepreneurship' can encompass a wide array of activities and individuals. The National Policy Statement on Entrepreneurship identified entrepreneurship with establishing a new firm or venture. Richard Cantillon, an Irish economist of French descent in the early 18th Century is credited with introducing the term 'entrepreneur' as what most people understand as meaning someone who organizes land, labour or capital to produce or supply goods and services and assumes the risk of a business in return for the profits. This definition emphasises the role of the entrepreneur in taking on risk.

In turn, entrepreneurs can be either ‘replicating entrepreneurs’, who establish and organise a business firm to mimic the function and processes of firms already in existence, or ‘innovating entrepreneurs’, who introduce a change or innovation, whether through the invention of a new good or service, introduction of a new method of production, creation of a new market, discovery of a new source of supply, or re-organization of an industry in such a manner as to improve efficiency.

The definition of the entrepreneur as an individual establishing a new firm or enterprise captures the role of the entrepreneur in establishing a new business. The Global Entrepreneurship Monitor (GEM) collects cross-country data on individuals establishing new ventures. The Central Statistics Office (CSO), as part of their Structural Business Statistics, collects data on the legal form of new enterprises, which determines whether a new enterprise is liable for income tax (as an individual proprietor) or to corporation tax (as an incorporated firm).

Self-employment and SME owners are often used as proxies for entrepreneurship, and have the merit of inclusivity and capturing the risk-taking element of entrepreneurship. These are also measurable through surveys carried out by the CSO. In addition, income from self-employment is often subject to different deductions for tax purposes and provision is available for capital allowances in recognition that income from self-employment derives from a trade or profession, while social insurance systems treat self-employed persons differently in terms of contributions and benefits.

The Department of Finance frame legislation in relation to all tax matters. There are a range of tax expenditures provided to entrepreneurs and small and medium-sized enterprises through the tax system. Specifically, for the purpose of availing of the revised CGT Entrepreneur Relief introduced in Budget 2016 and given effect in Finance Act 2015, and which offers a 20% rate of CGT (rather than the standard 33% rate) on qualifying assets disposed of by a qualifying individual, up to a lifetime limit of €1 million in qualifying gains, the following conditions apply:

- A qualifying individual is someone who holds 5% or more of the shares in the company (or is a sole trader or owns the company outright) and has worked as a director or employee of the company for three out of the previous five years

- Qualifying assets are shares in or assets of any company other than those involved in certain excluded activities, including dealing in shares, securities, commodities, land or property.

Trade Agreements

Questions (602, 603, 604)

Caoimhghín Ó Caoláin

Question:

602. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if she will provide an assurance that the Government, by signing up to provisional application of CETA, will not open Ireland to ISDS procedures or rulings; and if she will make a statement on the matter. [28349/16]

View answer

Caoimhghín Ó Caoláin

Question:

603. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation the Government’s position regarding the constitutionality of provisional application of CETA in relation to Article 29.5.2 of the Constitution; and if she will make a statement on the matter. [28350/16]

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Maurice Quinlivan

Question:

604. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation her plans to initiate a debate in relation to the agreed text of the Comprehensive Economic Trade Agreement (CETA); when Dáil Éireann will be given the opportunity to vote on the issue; and if she will make a statement on the matter. [28483/16]

View answer

Written answers

I propose to take Questions Nos. 602 to 604, inclusive, together.

The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a comprehensive free trade agreement that will remove tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. CETA represents a modern high standard agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors. I support and welcome CETA and I am looking forward to Irish firms enjoying the benefits and new opportunities as soon as possible.

CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.

Given the position taken by Ireland and other Member States, the EU Commission has submitted CETA to the Council for decision as a mixed agreement, that is, one requiring both EU and individual Member States ratification. Following a decision by the Council with the consent of the European Parliament, it will now be possible to provisionally apply CETA. The EU Commission is currently finalising the text on provisional application of CETA for submission to the Council for a decision on the 18th October 2016. As provisional application will cover only those areas for which the EU has full competence, no constitutional issues arise. It is proposed that provisional application will not apply to investment protection and investment dispute settlement.

In accordance with Article 218(8) of the Treaty on the Functioning of the European Union, the full entering into force of CETA will be subject, in the first instance, to a decision by the EU, through a Council decision with the consent of the Parliament, and secondly by the approval of all Member States through the relevant national ratification procedures. In this regard, Dáil Eireann will be a part of the final decision to ratify CETA in accordance with Article 29.5.2 of the Constitution.

Regional Development Initiatives

Questions (605)

Brendan Smith

Question:

605. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation her proposals to develop and promote a location (details supplied) as a suitable location for inward investment property held by the IDA in County Monaghan; and if she will make a statement on the matter. [28628/16]

View answer

Written answers

IDA Ireland markets County Monaghan as part the North East Region. The property referred to - which comprises 17 hectares of full-serviced land in Knockaconny - forms part of Monaghan’s value proposition and is included in the Agency’s marketing of the area. 7.56 hectares of this land is currently available. IDA Ireland continues to seek opportunities to utilise this land to attract investment to the area.

IDA Ireland is committed to attracting further investors to the North East region. It remains the case, however, that the ultimate decision as to where to locate is always made by the company concerned.

Programme for Government

Questions (606)

Catherine Connolly

Question:

606. Deputy Catherine Connolly asked the Minister for Jobs, Enterprise and Innovation her plans to reflect and deliver on a public duty (details supplied) in her Department's statement of strategy due to be published in October 2016; the way in which her Department is engaging with the programme for a partnership Government commitment to equality and gender proofing in the departmental and budgetary process; and if she will make a statement on the matter. [28649/16]

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Written answers

My Department is currently preparing its 2016-2019 Statement of Strategy as required by the Public Service Management Act 1997. This work is being informed by the priorities set out in the Programme for Partnership Government and by submissions received in response to a stakeholder consultation process. My Department's commitments in the area of human rights and equality are most closely aligned with Ireland's membership of the Human Rights Convention and the Social Charter. The new Statement of Strategy will reflect obligations under the Irish Human Rights and Equality Commission Act, 2014.

The Programme for Government contains a commitment to developing a process of budget and policy proofing as a means of advancing equality, reducing poverty and strengthening economic and social rights. My Department will engage fully with this process.

My Department has a clear commitment to equality in its dealings with staff and stakeholders and these commitments are accessible to the public and to staff through a number of policies and procedures.

My Department’s Customer Action Plan 2014 - 2016, which is available on the Department’s website, commits to ensuring that the rights to equal treatment established by equality legislation are met and that diversity is accommodated so as to contribute to equality for the groups covered by the equality legislation (under the grounds of gender, marital status, family status, sexual orientation, religious belief, age, disability, race and membership of the Traveller Community).

The Customer Action Plan also commits to identifying and working to eliminate barriers to access to services for people experiencing poverty and social exclusion, and for those facing geographic barriers to services and to providing clean, accessible public offices that ensure privacy, comply with occupational and safety standards and, as part of this, facilitate access for people with disabilities and others with specific needs.

The Civil Service Code of Standards and Behaviour, which forms part of every Civil Servant's Contract of Employment, commits all staff to conducting themselves impartially and having regard to equality of treatment towards all stakeholders and clients.

The Department is an equal opportunities employer and has a range of policies in place for staff in respect of dignity at work, equality and on the Civil Service Code of Practice on the Employment of People with a Disability.

There are also other 'central' government policies which my Department implements, such as the 40% target for gender equality on State Boards.

Departmental Staff Data

Questions (607)

Michael Fitzmaurice

Question:

607. Deputy Michael Fitzmaurice asked the Minister for Jobs, Enterprise and Innovation the number of retired public sector employees in her Department, including bodies under its aegis, who are in receipt of a public sector pension that have been re-employed either part-time or full-time, temporary or otherwise by the public sector; and if she will make a statement on the matter. [28982/16]

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Written answers

There are currently two former public sector staff employed as Civilian Drivers to myself and the Minister for Employment and Small Business. Their appointments commenced in 2016 and are co-terminous with Ministerial periods in office. In both cases they are employed on an abatement of pension basis.

I have asked all Agencies under the aegis of my Department to advise me of the details of their staff in this regard, and I will arrange for a coordinated parliamentary question response to be provided as soon as possible by my Department for the Official Report of the Debates.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Departmental Staff Data

Questions (608)

Brian Stanley

Question:

608. Deputy Brian Stanley asked the Minister for Jobs, Enterprise and Innovation the number of staff employed by her Department or seconded to her Department; and if she will make a statement on the matter. [28995/16]

View answer

Written answers

The number of staff currently employed in my Department (in a full-time and work-share capacity, including 6 staff seconded in) is 867. This is the equivalent of 813.67 full-time posts.

Preschool Services

Questions (609)

Pearse Doherty

Question:

609. Deputy Pearse Doherty asked the Minister for Children and Youth Affairs the changes that will be made to present funding mechanisms for allocations to preschool providers, including under the early childhood care and education programme; if her attention has been drawn to the increasing financial difficulties which many preschool providers and those employed in the sector are experiencing in order to provide preschool education; and if she will make a statement on the matter. [28191/16]

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Written answers

From the beginning of the 2016/2017 Programme year, the processing of payments for ECCE is being managed by Pobal. The Department is mindful that service providers need to manage cash flow and, therefore, the ECCE payment schedule was posted on the Programme Implementation Platform (PIP) on 1st September 2016. Providers can now also check payments on PIP for themselves.

The Department is conscious of the administration and eligibility changes for the childcare sector this year, and so is keen to minimise any further change from a provider's perspective as a result of this transfer of payments to Pobal; by retaining the status quo, with the exception that all payment queries will now be dealt with by Pobal via their online support.

It is important to stress that the funding provided for the delivery of childcare programmes is understood by the Department to include the whole cost of delivering these programmes.

The Department accepts that the sector is under cost pressure, and will make submissions as part of the estimates process aimed at securing increased capitation for the sector. This could then be used to deliver CPD; to fund non-contact time, etc.

The Programme for Government commits to conducting and publishing an independent review of the cost of providing quality childcare. This commitment aligns closely with work on the design and development of a new Single Affordable Childcare Scheme and is currently being progressed in that context.

Department officials are reviewing previous published research and analysis on the cost of childcare provision, are assessing available data sources and are scoping the precise requirements for the independent review. It is suggested that the review would have to consider (1) the total average cost of quality childcare provision, (2) variation in cost and the reasons for same, (3) the link between cost and quality, (4) the cost of providing childcare services in disadvantaged communities and (5) the likely impact of future cost pressures, including the ongoing professionalisation of the sector.

It is envisaged that the Department will tender for independent expertise to conduct the review in the autumn with a view to ensuring that the review is commenced later this year.

Child Care Services Data

Questions (610)

Joe Carey

Question:

610. Deputy Joe Carey asked the Minister for Children and Youth Affairs if an analysis of the change in documentation requirements associated with the running and management by the voluntary sector of child care facilities has been carried out in view of changes to work practice as a result of media exposés and interdepartmental and agency initiatives; and the impact this might have regarding contact time between staff and child; and if she will make a statement on the matter. [28573/16]

View answer

Written answers

I assume the Deputy is referring to the Child Care Act 1991 (Early Years Services) Regulations 2016 which commenced on 30th June last. The new Regulations replace the Pre-School Service Regulations 2006.

The new Regulations contain a number of new requirements that must be satisfied by the providers of pre-school service, both private and community/not-for-profit, including a minimum qualification requirement for staff working directly with children. The Regulations also require that new pre-school services must register with Tusla, the Child and Family Agency, prior to opening.

Some of the new requirements have associated documentary elements. For example, service providers must now have a complaints procedure in place under which all complaints received by the service must be dealt with appropriately and in a timely manner in accordance with the service’s complaints policy. A record of the complaint, including the nature of the complaint and the manner in which the complaint was dealt with, must be retained by the service.

A pre-school service provider is also now required to review the quality and safety of the care provided to the children in the service, including a review of the service’s policies and procedures, on an annual basis, and retain a record of the review.

While I accept that some of the new requirements contained in the Regulations will place some administrative burden on service providers (both private and community), I believe that all of the measures detailed in the Regulations are necessary to protect the health and safety and promote the development of the children attending the service.

The Deputy may wish to note that Tusla is currently working on a Quality and Regulatory Framework that will set out in some detail what will be expected of a service provider in the course of inspection. This Framework will be the subject of significant consultation with the sector before it is implemented, and training and information sessions will also be provided nationally to ensure that all service providers are familiar with the requirements and what will be expected of them.

Children in Care

Questions (611)

Clare Daly

Question:

611. Deputy Clare Daly asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 963 of 27 September 2016, if Tusla will refer children for assessment to centres that are not registered as residential centres with Tusla. [28578/16]

View answer

Written answers

I wish to reassure the Deputy that Tusla, the Child and Family Agency, has not made any agreement with the company referred to in her previous question, to utilise the assessment service described. I must also stress that Tusla does not place children who have been received into care in residential centres that are not registered.

The requirements for placing a child in a children's residential centre, and for the running of these centres are laid out in the Child Care (Placement of Children in Residential Care) Regulations 1995. All residential centres are inspected against national standards, with statutory centres inspected by the Health Information and Quality Authority and private or voluntary centres inspected and registered by Tusla.

Social Workers Recruitment

Questions (612)

Róisín Shortall

Question:

612. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the number of whole time equivalent social worker posts within each Tusla local area office, in tabular form; the number of posts that are currently filled; the number of posts that are on leave; and if she will make a statement on the matter. [28594/16]

View answer

Written answers

The information requested is not readily available in my Department. My officials have requested the information from Tusla and I will forward the reply to the Deputy once I have been furnished with it.

Departmental Staff Data

Questions (613)

Catherine Connolly

Question:

613. Deputy Catherine Connolly asked the Minister for Children and Youth Affairs her plans to reflect and deliver on a public duty (details supplied) in her Department's statement of strategy due to be published in October 2016; the way in which her Department is engaging with the programme for a partnership Government commitment to equality and gender proofing in the departmental and budgetary process; and if she will make a statement on the matter. [28647/16]

View answer

Written answers

It is important that every effort is made by public bodies to meet their obligations to promote equality, prevent discrimination and protect the human rights of their employees and everyone affected by their functions and services. For my Department, this has a particular resonance in the context of our dealings with children and young people and the many and varied levels of engagement on issues affecting them.

I can inform the Deputy that officials from the Irish Human Rights and Equality Commission (IHREC) have been in contact with officials in my Department in relation to the Public Sector Duty arising under Section 42 of the IHREC Act 2014 in the context of the preparation of my Department's draft Statement of Strategy. My Department is reflecting on the obligations arising from this legislative requirement and intends to avail of the assistance and guidance offered by the IHREC on this important issue.

As regards the budgetary process and the Programme for Government commitments, the Deputy will be aware that my Department funds a range of programmes and services for children and young people that are provided on an equal status and gender neutral basis across society. My Department also funds certain targeted schemes which aim to assist particular needs of vulnerable groups. Examples of such targeted schemes include the Access and Inclusion Model (AIM) to improve participation of children with disabilities in the ECCE scheme and certain Childcare Supports that aim in particular to support mothers to participate in employment.

Departmental Staff Data

Questions (614)

Michael Fitzmaurice

Question:

614. Deputy Michael Fitzmaurice asked the Minister for Children and Youth Affairs the number of retired public sector employees in her Department, including bodies under its aegis, who are in receipt of a public sector pension that have been re-employed either part-time or full-time, temporary or otherwise by the public sector; and if she will make a statement on the matter. [28975/16]

View answer

Written answers

I am not aware of any retired civil servant from my Department who is in receipt of a civil service pension and has been re-employed in the public sector. Where an employee retires from this Department and is re-employed in another public sector body, it is the responsibility of that body to inform the relevant authority.

I have requested the required information from bodies under the aegis of this Department and my officials will revert as soon as the information becomes available.

The following deferred reply was received under Standing Order 42A.

I refer to your written parliamentary question (ref: 28975/16 of 4 October 2016) requesting information in respect of the number of retired public sector employees in my Department including bodies under it's aegis who are in receipt of a public sector pension that have been re-employed either part time or full time, temporary or otherwise by the public sector.

As advised in my earlier answer, the information in respect of agencies was being compiled and was not available at that time. I now enclose the information as supplied by agencies under the remit of my Department.

Adoption Authority of Ireland

This agency has returned a ‘Nil’ response.

Oberstown Children Detention Campus

This agency stated that they have no employees who are retired and who may have been re-employed either full-time or part-time in the public sector as far as it is aware.

Ombudsman for Children Office

The Ombudsman for Children’s Office stated that, as far as it is aware, no retired member of staff who is in receipt of a public sector pension has been re-employed in the public sector.

Tusla

Tusla stated that at this time, one Tusla employee who left due to retirement has been re-employed.

Departmental Staff Data

Questions (615)

Brian Stanley

Question:

615. Deputy Brian Stanley asked the Minister for Children and Youth Affairs the number of staff employed by her Department or seconded to her Department; and if she will make a statement on the matter. [28987/16]

View answer

Written answers

At end September 2016, there were 184 people employed by my Department, equating to a whole time equivalent number of 171.76 members of staff. This figure includes staff seconded to the Department at that date as well as Temporary Clerical Officers employed by my Department at that date.

Departmental Strategy Statements

Questions (616)

Thomas Pringle

Question:

616. Deputy Thomas Pringle asked the Taoiseach and Minister for Defence his plans to reflect and deliver on a public duty (details supplied) in his Department's statement of strategy due to be published in October 2016; the way in which his Department is engaging with the programme for a partnership Government commitment to equality and gender proofing in the departmental and budgetary process. [28406/16]

View answer

Written answers

My Department is currently preparing a draft Strategy Statement 2016 - 2019 for the Department of Defence and the Defence Forces. This will reflect the requirement to include an assessment of relevant human rights and equality issues, in accordance with the Irish Human Rights and Equality Commission Act 2014.

The Programme for Partnership Government contains a number of commitments that have been assigned to the Department of Defence. These include specific commitments aimed at increasing levels of female participation in the Defence Forces and work is ongoing in this regard. While my Department does not have responsibility in the first instance for delivery of the commitment in relation to supporting equality and gender proofing, any necessary measures arising from implementation of this commitment will be progressed, as appropriate, by my Department.

Departmental Staff Data

Questions (617)

Michael Fitzmaurice

Question:

617. Deputy Michael Fitzmaurice asked the Taoiseach and Minister for Defence the number of retired public sector employees in his Department, including bodies under its aegis, who are in receipt of a public sector pension that have been re-employed either part-time or full-time, temporary or otherwise by the public sector; and if he will make a statement on the matter. [28977/16]

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Written answers

The Defence Organisation includes military personnel and civilian employees attached to military installations and civil servants. Information is not available in relation to the numbers of public sector pensioners re-employed in the public sector prior to 1 November 2012. Prior 1 November 2012, holders of public sector pensions who were subsequently re-employed in the public sector were not required to inform their previous or new employer of any employment, public sector or otherwise, obtained by them subsequent to leaving the public sector. Such obligations were introduced by the Public Service Pensions (Single Scheme and other Provisions) Act 2012.

The Public Service Pensions (Single Scheme and other Provisions) Act 2012 provides that any person who takes up employment in a public service body on or after 1 November 2012 and

- has an existing entitlement to retirement (including preserved) benefits under any public service pension scheme,

- has received, or is in receipt of, retirement benefits under any public service pension scheme, or

- applies for a benefit from a public service pension scheme,

is obliged to declare such matters to the public service employer with whom they are taking up further employment. This applies regardless of whether the pension holder is being re-employed on a full-time, part-time, seasonal or other basis. 

In tandem with that measure, section 52 of the 2012 Act provides that where a retired public servant who is in receipt of a public service pension resumes employment in the public service on or after 1 November 2012 their pension is liable to abatement, that is, cessation or reduction as appropriate. Abatement basically means that the combined amount of his/her earnings from their current public service job plus their existing public service pension, cannot exceed the up-rated (current) pensionable pay from their old job. Essentially this means that from 1 November 2012, a public servant retiring on pension who at some later point re-enters any public service employment must make a declaration and will be subject to abatement and may, depending on his/her overall earnings, have their public service pension reduced or suspended for as long as they are in that new job.

Prior to 1 November 2012, this abatement principle operated as a standard feature of public service pension schemes generally, but only within individual sectors/bodies where a public service pensioner resumed working in his or her former occupation, e.g. Defence Forces, Garda, Civil Service etc. The 2012 Act extends the abatement principle across and between all sectors without exception. The extended pension abatement measure applies only where a public service pensioner takes up another public service post/position on or after 1 November 2012.  A public service pensioner already in public service employment immediately before that date will not be affected by the change while he or she remains in that post/position. The change does not apply in relation to employment with the commercial semi-State bodies.

Since the enactment of the Public Service Pensions (Single Scheme and other Provisions) Act 2012, eleven individuals who are in receipt of a public sector pension have been employed as civilian employees attached to military installations and my Department has engaged two retired public servants as civilian drivers to the Minister of State, Mr. Paul Kehoe T.D. These appointments are to temporary unestablished positions in the Civil Service on a fixed term contract basis. A retired public servant was also appointed by the President on the recommendation of the Government to the Office of Ombudsman for the Defence Forces.

There are currently thirty two former members of the Defence Forces in receipt of military pensions where my Department has been notified that they were re-employed in the public service and whose pensions are subject to abatement under Section 52 of the Public Service Pensions (Single Scheme and other Provisions) Act 2012.  It should be noted that nine of these are re-employed within the Defence area and are included in the preceding paragraph. The other twenty three may be included in replies given by the relevant Minister with responsibility for the public service body where they have been re-employed.

Departmental Staff Data

Questions (618)

Brian Stanley

Question:

618. Deputy Brian Stanley asked the Taoiseach and Minister for Defence the number of staff employed by his Department or seconded to his Department; and if he will make a statement on the matter. [28989/16]

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Written answers

The number of staff employed by my Department at 30 September 2016 is 357 and the number seconded to my Department on the same date is 5.

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