Written Answers Nos. 575-596
575. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his views that a statutory instrument, SI , is sufficiently robust to enable the competent authority exercise powers under it without primary legislation or if primary legislation will be needed to implement Regulation (EU) No. 598/2014; and if he will make a statement on the matter. [31989/16]
View answerThe legislative approach being taken to achieve the transposition of the requirements of EU Regulation 598 of 2014 relating to the process to be followed when considering the introduction of noise-related operating restrictions at airports, which I announced on the 22nd of September 2016, was decided following extensive consultation with the Office of the Attorney General.
I am satisfied that the completion of the Statutory Instrument, currently in preparation in consultation with the Office of the Attorney General, will enable effective implementation of the requirements of EU Regulation 598 of 2014. However, as I indicated on 22 September 2016, when announcing the new regulatory approach to airport noise management in Ireland, it may be necessary, subject to the further advice of the Attorney General, to clarify some issues subsequently by way of primary legislation.
576. Deputy Peter Burke asked the Minister for Transport, Tourism and Sport when the sports capital grant application system will open; the supports in place to assist small clubs complete their application; and if he will make a statement on the matter. [32016/16]
View answerAs was confirmed in the 2017 Estimates Statement, a new round of the Sports Capital Programme will be open for applications in January with the announcement of allocations expected later in 2017. I expect to announce more details in regard to the new round shortly.
In relation to the supports available for clubs to complete the application, the new Programme will include a new online portal which will make the process more user-friendly. Other supports will include a comprehensive written guide and video guides. Staff in the relevant section of my Department will also be available to assist clubs by phone and email. Details of the numbers to call with queries for each county are published on http://www.dttas.ie/sport/english/sport-unit-1-sports-capital-programmes-division.
578. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the funding for Fáilte Ireland and Tourism Ireland for 2016 and 2017; and if he will make a statement on the matter. [32030/16]
View answerThe total provision for tourism services in 2016 is available in the 2016 Revised Estimates Volume (REV) for Public Services, which is published by the Department of Public Expenditure and Reform and available on that Department's website. The subheads of relevance are E3, E4, E5 and E6 of the vote of the Department of Transport, Tourism and Sport. When the amount of capital expenditure carried over from 2015 is included, the total allocation for 2016 is €122.215m of which €105.9m is current and €16.315m is capital.
In regard to 2017, the final allocations will be set out in the 2017 Revised Estimates Volume which is due to be published in the coming months.
579. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the status of the recruitment of a new chief executive officer for Fáilte Ireland; if his attention has been drawn to the fact that the recruitment process was not run through the Public Appointments Service; his views on whether this is good practice; and if he will make a statement on the matter. [32068/16]
View answer580. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport when the contract of the current chief executive officer of Fáilte Ireland will conclude; and the details of the retirement package that the chief executive officer will receive upon leaving the role. [32069/16]
View answer584. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the details of the remuneration package of the current chief executive officer of Fáilte Ireland. [32073/16]
View answerI propose to take Questions Nos. 579, 580 and 584 together.
Fáilte Ireland advised that the recruitment process for a new chief executive officer is being carried out by an executive search company, AMROP. The appointment is not yet completed. My Department is currently in discussions with Fáilte Ireland to agree the terms and conditions for this post.
The legislation which governs Fáilte Ireland, the National Tourism Development Authority Act 2003, provides that the Chief Executive shall be appointed by the Authority with the consent of the Minister (section 31(3)). There is no onus on Fáilte Ireland to engage the Public Appointments Service for this recruitment process. The Department of Public Expenditure and Reform stipulated that the appointment be made by open competition.
The contract for the current chief executive officer expires on the 31st December 2016. The information requested by the Deputy in relation to the Chief Executive's remuneration package is available in the Annual Report and Accounts of the Agency. As the 2015 Report is not yet published however I can confirm that the chief executive officer's salary in 2015 was €150,010. No bonus is payable. The chief executive officer is a member of the unfunded (formerly CERT) contributory pension and death benefits plan. I do not have the details of the pension benefits to hand and will forward the details to the Deputy as soon as possible.
581. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the number of times the executive teams of both Fáilte Ireland and Tourism Ireland have met in 2016. [32070/16]
View answer582. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the number of times the executive teams of Fáilte Ireland, the Northern Ireland Tourist Board and Tourism Ireland have met in 2016. [32071/16]
View answerI propose to take Questions Nos. 581 and 582 together.
This is an operational matter for the tourism agencies, Fáilte Ireland and Tourism Ireland.
Accordingly, I have referred the Deputy's question to both Fáilte Ireland and Tourism Ireland for direct reply. Please contact my private office if you have not received a response within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
583. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the details of all events sponsored by Fáilte Ireland over a monetary value of €1,000 for each of the years 2011 to 2016 to date. [32072/16]
View answerMy Department's role in relation to tourism lies primarily in the area of national tourism policy. It is not directly involved in the development or management of individual tourism projects or tourism related funding programmes. These are operational matters for the Board and Management of Fáilte Ireland.
Accordingly, I have referred the Deputy's Question to Fáilte Ireland for consideration and direct reply. Please advise my private office if you do not receive a reply within ten working days.
585. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport for details of the remuneration package of the current chief executive officer of Tourism Ireland. [32074/16]
View answerThe information requested by the Deputy in relation to the remuneration package of the chief executive officer is always available in the Annual Report and Accounts of the Agency. However as the Annual Report for 2015 is yet to be published I can confirm that the chief executive officers salary in 2015 was €150,758, he is a member of the Company's pension scheme, no bonus is payable and his salary has been amended in accordance with the Financial Emergency Measures in the Public Interest Act 2009. The salary is also subject to a Public Service Pension Levy of 9.0% and a new Core Scheme pension contribution of 7.35%
586. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the frequency that officials from his Department has met jointly with both Fáilte Ireland and Tourism Ireland in 2016; and the topics discussed. [32075/16]
View answerOfficials from my Department and the two tourism agencies meet on a regular basis in a range of different fora.
With regard to formal meetings between my Department and the tourism agencies, four bilateral liaison meetings are held each year with Fáilte Ireland to examine and discuss a range of policy and operational matters, including budgets, business plans, performance against targets, staffing and other matters relating to Fáilte Ireland's work and overall tourism development. Three such bilaterals have been held so far this year, with a fourth scheduled for December.
As regards Tourism Ireland, my Department together with the Department for the Economy in Northern Ireland meet Tourism Ireland four times a year, where a range of policy and operational issues are discussed including budgets and staffing issues, performance monitoring and investment plans. Three such trilateral meetings have taken place to date in 2016, with a fourth scheduled for December.
587. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the number of times he has met with the chairperson of Fáilte Ireland in 2016; and the topics discussed. [32076/16]
View answerThough I have met with a number of Chairs of the State Bodies under the responsibility of my Department since taking office, I have not yet met with Mr Michael Cawley, Chair of Fáilte Ireland. I am hoping to meet him shortly.
588. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport the preparations his Department has made to date to protect the Irish tourism industry following the Brexit vote. [32077/16]
View answerSince the UK referendum on EU membership, all Government departments, including my Department, have been considering the potential implications of the UK's exit from the EU. Consideration is being given to the "Brexit" challenge in the context of various fora, including Senior Officials Groups, Cabinet Committees, and other work groups.
While there has been a significant devaluation in sterling, and a consequent negative impact on consumer confidence in the UK, all of the details of the UK's exit cannot be known until the conclusion of the EU/UK negotiations. Of particular interest to tourism will be the implications for the border, for the Common Travel Area, for trade, and for the peace process. Currently, all of the implications of Brexit are not yet known.
With regard to tourism, expert forecasting has highlighted the strong likelihood of a significant reduction in the number of GB residents expected to travel abroad on holidays, including a reduction in the number of GB residents expected to travel to Ireland.
My Department has been engaging with the tourism agencies on how best to plan to respond to the known implications. Importantly, Budget 2017 retained the 9% VAT rate which has been very beneficial to the tourism sector, in order to provide stability to the industry. Additionally, Tourism Ireland will be finalising its plans for overseas marketing for 2017 shortly and is expected to maximise value for money by diversifying towards high value markets that could offset the anticipated reduction in visitors from GB. Other initiatives, under the Tourism Action Plan, are either underway or in various stages of development and are aimed at growing tourism to reach ambitious targets by 2025.
589. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which other transatlantic trade agreements are contemplated or approved excluding TTIP; and if she will make a statement on the matter. [32094/16]
View answer590. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the progress in respect of any other transatlantic trade agreements with the EU; and if she will make a statement on the matter. [32095/16]
View answerI propose to take Questions Nos. 589 and 590 together.
The EU has successfully concluded a number of important trade agreements with trading partners and is in the process of negotiating or upgrading its agreements with many more. Free Trade Agreements are designed to create opportunities by opening new markets for goods and services thereby increasing export and investment opportunities.
The EU-Canada Comprehensive Economic and Trade Agreement (CETA) has been concluded and is awaiting a decision by the Council and the European Parliament for its entry into force.
In addition the EU is negotiating with Mercosur, encompassing Argentina, Brazil, Paraguay, and Uruguay.
In 1997, Mexico was the first Latin American country to conclude an Economic Partnership, Political Coordination and Cooperation Agreement with the EU. The Agreement included trade provisions as part of it. In January 2013, Mexico and the EU began exploring the options for a comprehensive and ambitious modernisation of the trade pillar of the EU-Mexico Agreement. The EU and Mexico began negotiations to modernise their trade agreement in June 2016.
In June 2012 the EU signed an ambitious and comprehensive Trade Agreement with Colombia and Peru. In July 2014 negotiations were concluded for the accession of Ecuador to the Trade Agreement with Colombia and Peru.
591. Deputy Pat Deering asked the Minister for Jobs, Enterprise and Innovation if she will provide a progress report on the advance facility for County Carlow; and if it is on course to be completed in the next calendar year. [31709/16]
View answerIn February 2015, the Government announced, as part of the regional Action Plan for Jobs, a five year €250m investment strategy aimed at accelerating the jobs recovery in every part of the country. The plan includes the delivery of a €150 million IDA Ireland property investment programme to attract foreign direct investment into different parts of Ireland and is targeted at ensuring the ready availability of an adequate supply of marketable serviced land, office and industrial/manufacturing buildings in advance of demand by both existing and potential client companies.
Advance facilities were constructed and completed in Letterkenny, Athlone and Waterford in 2014 and early 2015. Under the property investment programme, the Agency plans to deliver a further nine facilities across the country, including one in Carlow.
IDA Ireland has advised me that the concept and site selection evaluation is ongoing in respect of the planned Carlow facility, and the Agency is currently projecting a completion date of Q4 2018.
592. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation further to her reply to Parliamentary Question No. 92 of 12 October 2016, if she will provide immediate clarification of the nature of the charge upon public funds envisaged; the basis for her determination that this constitutional provision is appropriate; if the State intends to rely on Article 29.8 of the Constitution in view of the fact that it will not involve a decision of Seanad Éireann (details supplied); and if she will make a statement on the matter. [31742/16]
View answer597. Deputy Seán Crowe asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 92 of 12 October 2016 (details supplied), if she will provide clarification of the nature of the charge upon public funds envisaged in the Comprehensive Economic and Trade Agreement, CETA; the basis for her determination that this constitutional provision is appropriate for ratifying CETA in view of the fact that it will not involve a decision of Seanad Éireann; and her plans to rely on Article 29.8 of Bunreacht na hÉireann with regard to CETA. [31875/16]
View answerI propose to take Questions Nos. 592 and 597 together.
As requested by the Deputies, I will provide further information on the Constitutional requirements in relation to the ratification of the EU – Canada Comprehensive Economic and Trade Agreement (CETA). Article 29.8, which states that the State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law, does not appear to be relevant in the context of CETA.
CETA is an international agreement that will not be part of the domestic law of the State. Notwithstanding this, the Constitution sets down a number of substantial and procedural requirements that must be strictly followed whenever an international agreement is being concluded. In accordance with Article 29.4.1 of the Constitution, the conclusion of CETA is an exercise of the executive power of the State in connection with its external relations and is therefore concluded by, or on the authority of, the Government.
Article 29.5.1 provides that every international agreement to which the State becomes a party shall be laid before Dáil Eireann. Article 29.5.2 provides that the State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement have been approved by Dáil Eireann. CETA is an international agreement between Canada, the EU and the EU Member States. Consequently, the provisions of Article 29.5 of the Constitution apply to CETA. Article 29.5 does not provide any role for Seanad Eireann in this process.
As the Deputies will be aware, the Council Decision provides that the provisions in CETA in relation to investment protection and investment dispute resolution will be excluded from provisional application. However, upon full entry into force, involving the approval of all 28 Member States, CETA provides for the establishment of a permanent Tribunal of fifteen Members to hear claims for violation of the investment protection standards established in the Agreement. The operation of this Tribunal could give rise to a possible charge on public funds as part of the EU Budget.
593. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the number of workplace inspections by sector in 2015 and in the latest period in 2016 for which figures are available; the total amount of wages recovered by sector in these periods; and if she will make a statement on the matter. [31743/16]
View answerThe Workplace Relations Commission (WRC) was established on 1st October 2015 under the Workplace Relations Act 2015. The WRC assumed the roles and functions previously carried out by the Labour Relations Commission (LRC), Rights Commissioner Service (RCS), Equality Tribunal (ET), the National Employment Rights Authority (NERA) and the first instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT).
The role of the Workplace Relations Commission (WRC) inspection services is to secure better compliance with employment rights legislation through the provision of information, by means of monitoring and inspections and, where necessary, by prosecutions. The work of the WRC is essential in protecting and ensuring a level playing pitch for business and in ensuring that employees receive their statutory entitlements and are not exploited.
The WRC will continue to strive for enhanced compliance with employment law through proactive education and awareness programmes underpinned by focused and risk-based inspection and enforcement.
Please see the table below containing the information requested.
|
- |
2016 (To 30 September) |
2015 |
||
|
SECTOR |
Cases |
Unpaid Wages |
Cases |
Unpaid Wages |
|
AGRICULTURE |
42 |
28,614 |
91 |
17,395 |
|
CONSTRUCTION |
58 |
24,573 |
151 |
12,452 |
|
CONTRACT CLEANING |
16 |
7,573 |
31 |
6,808 |
|
DOMESTIC WORKER |
15 |
3,714 |
49 |
2,227 |
|
ELECTRICAL |
2 |
0 |
8 |
10,141 |
|
FISHERIES |
5 |
0 |
0 |
0 |
|
FOOD & DRINK |
1,878 |
261,793 |
2,714 |
404,396 |
|
HAIR AND BEAUTY |
136 |
18,282 |
183 |
17,562 |
|
HEALTH NURSING AND CHILDCARE |
67 |
78,087 |
88 |
67,043 |
|
HOTEL |
143 |
57,047 |
162 |
51,961 |
|
MANUFACTURING |
44 |
25,385 |
85 |
95,132 |
|
OTHER |
306 |
217,557 |
438 |
145,936 |
|
PROFESSIONAL SERVICES |
96 |
3,086 |
145 |
77,943 |
|
SECURITY |
19 |
42,546 |
24 |
4,593 |
|
TRANSPORT |
43 |
15,563 |
72 |
30,287 |
|
WHOLESALE AND RETAIL |
701 |
271,773 |
944 |
467,693 |
|
TOTALS |
3,571 |
1,055,593 |
5,185 |
1,411,569 |
594. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the penalties applying to employers for the non-payment of wages; and if she will make a statement on the matter. [31744/16]
View answerThe Payment of Wages Act 1991 and the National Minimum Wage Act 2000 provide protections for employees in relation to the payment of wages. In addition, the Workplace Relations Act 2015 introduced provisions on Fixed Payment Notices and Compliance Notices covering certain breaches of legislation, including breaches of certain sections of the above-mentioned 1991 and 2000 Acts.
There are a range of provisions which can apply in circumstances where the appropriate wages have not been made to an employee. For example, an employee can make a complaint to the Workplace Relations Commission (WRC) under the 1991 Act for the hearing of a case by a WRC Adjudication Officer who can award compensation for the non-payment of wages. A WRC Inspector can also issue a Compliance Notice where an employer has failed to pay the appropriate wages under the 1991 Act, and non-compliance with the Compliance Notice is an offence.
An individual who considers that they are not being paid in accordance with the National Minimum Wage Act 2000 may refer the matter to a WRC Inspector for investigation or, alternatively, may refer a complaint to the WRC for adjudication by an Adjudication Officer and the awarding of redress. The 2000 Act also provides for a number of criminal offences, ranging from the failure to pay the statutory rate to the obstruction of Inspectors in the exercise of their functions.
If the Deputy has more specific questions or has a particular case in mind, I would refer her to the WRC who are mandated to secure compliance with employment rights legislation. The WRC's Customer Service Section provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations. The WRC's Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or 059-9178990. The website www.workplacerelations.ie also provides extensive information on employment rights.
595. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation her views on the large number of females on the national minimum wage; and if she will make a statement on the matter. [31867/16]
View answerThe Deputy will be aware that the Low Pay Commission submitted its second report on the national minimum wage in July and its recommendation that the minimum wage be increased by 10 cents an hour was accepted by Government on October 11th. On October 13th I signed the Order to effect the increase which will come into effect on 1st January next. (S.I. 516 of 2016).
In its report the Commission found that just over 74% of those workers earning the minimum wage are women.
The preponderance of women on the national minimum wage was also highlighted in the Commission's 2015 report. In order to obtain a better understanding of the composition and profile of this group and the underlying causality, the Low Pay Commission was asked, as part of its 2016 work programme, to examine this issue and report its views as to the underlying reasons for this position and make any recommendations it considers appropriate. The Commission is due to submit its report to me by end of this month.
596. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the status of the investigation report by the Office of the Director of Corporate Enforcement into the closure of a company (details supplied); and if she will make a statement on the matter. [31868/16]
View answerOn the establishment of the Office of the Director of Corporate Enforcement (ODCE) in 2001, the existing functions of the Minister relating to the enforcement of the Companies Acts transferred to the Director of Corporate Enforcement. These functions included the investigation of suspected offences under the Companies Acts and prosecuting detected breaches of the Acts. I, therefore, have no investigative function under the Acts.
The liquidators of Clerys have confirmed that they have submitted a report to the Office of the Director of Corporate Enforcement in accordance with their statutory duties. The Director of Corporate Enforcement is independent in the exercise of his statutory functions.
