Written Answers Nos. 291-308
291. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation the progress to date in the determination of a work permit application in the case of a person (details supplied); and if she will make a statement on the matter. [5528/18]
View answerAn application for a General Employment Permit for the person referred to by the Deputy (details above) was received on 20th November, 2017.
A decision was made to refuse the granting of the application on 1st February, 2018, and the applicant has been notified of this decision in writing and of their right to request a review of this decision in line with the provisions of the Employment Permits Acts within 28 days.
This application was refused on the basis that this company does not appear to be trading at present. Also, documentation and information provided with the application appeared to have been in relation to another company.
A refusal to grant an employment permit does not preclude an applicant from submitting another application for an employment permit. Such an application should comply with all of the legislative requirements pertaining to the particular employment permit type.
My officials have been in contact with the prospective employer over the last number of weeks and will assist them with any future queries or applications for employment permits.
292. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of vacant positions in the Office of the Director of Corporate Enforcement; and the length of time each position has been empty. [5552/18]
View answerDetails of the vacancies on positions within the Office of the Director of Corporate Enforcement (ODCE) are set out below in tabular form.
Over recent years, a number of senior-level vacancies have arisen within the ODCE through a combination of retirement, promotion and transfer to other parts of the public service. In that context, the skill sets, competencies, roles and responsibilities associated with each of those posts have been reviewed and reconfigured by the Director to better reflect the organisation’s current needs. That exercise has resulted in two senior-level professional posts of Enforcement Portfolio Manager being created, both of these posts have been recently filled. In the same context, the Department is currently engaging with the Public Appointments Service to fill, through open competition, two currently vacant Forensic Accountant positions as well as a reconfigured senior role of Enforcement Lawyer.
The recruitment campaign for the positions of Enforcement Lawyer and Forensic Accountant (Professional Accountant Grade 1) were advertised on 26/1/2018 with a closing date for applications of 15/2/2018. It is planned that appointments to these posts will be made in May 2018. It is worth noting that this is the third recruitment campaign for Forensic Accountant.
One Higher Executive Officer and one Clerical Officer post have recently become vacant due to retirement and these posts are in the process of being filled. The post of Higher Executive Officer will be filled today, Tuesday 6th February 2018. The Clerical Officer post will be filled in approximately two weeks.
|
Office of the Director for Corporate Enforcement (Vacancies) |
|
|
Post |
Date Vacancy Arose |
|
Corporate Compliance Manager |
14/11/2016 |
|
Enforcement Lawyer |
01/06/2017 |
|
Forensic Accountant |
30/10/2017 |
|
Forensic Accountant |
New Post |
|
Higher Executive Officer |
18/12/2017 |
|
Clerical Officer |
11/11/2017 |
293. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of staff employed by the ODCE at the beginning of 2018; and the number of gardaí assigned to the ODCE. [5553/18]
View answerThe total number of staff employed by the ODCE at the beginning of 2018 was 35 (32.5 full time equivalent). The breakdown by grade is set out in Tabular form below.
|
Title |
Director |
Enforcement Portfolio Manager |
Digital Forensic Specialists |
Legal Adviser |
Solicitor |
Accountant Grade 1 |
Principal Officer |
Assistant Principal Officer |
Higher Executive Officer |
Executive Officer |
Clerical Officer |
Total |
|
No of staff |
1 |
2 |
1 |
1 |
1 |
5 |
1 |
3 |
7 |
6 |
7 |
35 |
|
Full time equivalents. |
1 |
2 |
1 |
1 |
1 |
5 |
1 |
3 |
6.3 |
5.5 |
5.7 |
32.5 |
The number of Gardaí assigned to the ODCE is 7.
294. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the funding allocation to the Office of the Director of Corporate Enforcement in 2017 and 2018. [5554/18]
View answerThe funding allocation for the Office of the Director of Corporate Enforcement (ODCE) in respect of 2017 was €4.895m and €5.057m in respect of 2018.
The distribution of the funding allocations across my Department’s Vote, including that of the Office of the Director of Corporate Enforcement (ODCE), are determined through the annual Revised Estimates Volume (REV) process. Publication of the REV allocations are made by my colleague, the Minister for Public Expenditure and Reform in early December each year.
296. Deputy Maureen O'Sullivan asked the Minister for Business, Enterprise and Innovation the status of an employment permit application by a person (details supplied); and when a decision will be made. [5648/18]
View answerAn application for a General Employment Permit for the person referred to by the Deputy (details above) was received on 12th January, 2018. The Employment Permits Section of my Department is currently processing standard applications received on 14 December 2017 and this application should be processed within the next five weeks.
297. Deputy Clare Daly asked the Minister for Business, Enterprise and Innovation the number of secondees from companies (details supplied) that are working in her Department. [5828/18]
View answerThere are currently no secondees working in my Department from the companies referred to by the Deputy.
My Department does facilitate some secondment arrangements with other Public Service Bodies. These provide good opportunities for the sharing of best practice and the development of different skills and experience. These arrangements are kept under review and my Department is open to working with other sectors to explore the possibility of secondments, where they would be mutually beneficial.
298. Deputy Willie Penrose asked the Minister for Business, Enterprise and Innovation when she plans to bring the Industrial Relations (Amendment) Bill forward as priority legislation; the steps she will take to facilitate access to the State's industrial relations institutions by groups such as the Workplace Relations Commission and the staff representation associations representing the Defence Forces on foot of this proposed legislation; and if she will make a statement on the matter. [5971/18]
View answerFollowing extensive consideration by Government in late 2016 and a commitment to examine issues around providing access by the representative associations of An Garda Síochána to the services of the Workplace Relations Commission and the Labour Court, the Minister for Justice set up an interdepartmental group. This group was chaired by John Murphy to consider various issues, including that of legislation, arising in this context. This led to the publication in July 2017 of the First Report of that group which was considered by Government in September 2017.
In addition to approving the First Report concluded the first phase of the group’s work, Government also approved the heads of a Bill entitled the Industrial Relations (Amendment) Bill 2018 and the Bill is listed on the Government’s priority legislative programme for publication in spring/summer 2018.
The Bill which is currently being drafted in consultation with the office of Parliamentary Counsel with a view to publication in Q1 2018. The Bill is intended to amend the Industrial Relations Act 1990 to allow access to the services of the Workplace Relations Commission (WRC) and the Labour Court by the Garda representative associations.
This legislation is being brought forward and led by my Department given that responsibility for industrial relations policy and legislation resides in my Department. In advance of the legislation being commenced, the Department of Justice and Equality will need to ensure that the internal industrial relations structures within an Garda Síochána are in place and are robust.
Responsibility for proposed changes to the industrial relations structures within An Garda Síochána are strictly matters of policy responsibility for the Minister for Justice and Equality. The work of the interdepartmental group set up by the Minister for Justice and Equality is considerable and is currently undergoing phase II work. This involves consideration of internal garda regulations as well as reviewing the existing internal dispute resolution mechanisms in place and putting in place the structural changes necessary before this Bill can be commenced.
Any decision to seek access to the services of the Workplace Relations Commission (WRC) and the Labour Court by the Defence Forces would be a matter for the Minister for Defence.
299. Deputy Brendan Smith asked the Minister for Business, Enterprise and Innovation the specific programmes that will be introduced to assist enterprises and businesses that are heavily or totally dependent on the British market for exports in view of the challenges that will arise from Brexit; and if she will make a statement on the matter. [5985/18]
View answer300. Deputy Brendan Smith asked the Minister for Business, Enterprise and Innovation the initiatives undertaken by her Department and the State's industrial promotion agencies to support small-scale enterprises to prepare for the challenges that will arise due to Brexit; and if she will make a statement on the matter. [5986/18]
View answerI propose to take Questions Nos. 299 and 300 together.
Enterprise Ireland (EI) and the Local Enterprise Offices (LEOs) are the primary providers of supports to assist enterprises within the indigenous sector that are facing challenges arising from Brexit. They are working vigorously to enable companies to consolidate market share within the UK and also to become more resilient by broadening their sales to other international markets. My Department provided for additional capital funding in 2017 to enable EI and the LEOs to ramp up its supports in light of Brexit to drive improvements in:
- productivity,
- innovation,
- management capability and leadership skills,
and really driving the ambition of managers to look to other markets around the world.
Maintaining and growing our market share in the UK is still a priority, as there continues to be significant growth opportunities for our exporting base in the UK. Irish companies will have to adjust their competitive proposition for the UK market on the basis of higher productivity, cost savings, innovation/new products and customer service as well as finding new customers and markets.
It is also hugely important to intensify export growth to other markets, to reduce reliance on the UK, re-orienting companies towards the Eurozone, North America, Canada, Asia and the Middle-East, and these markets will also demand a strong competitive proposition. EI is driving competitiveness through a suite of supports that helps clients reduce supply-chain costs and increase efficiencies as a means of improving operating margins, building market share and creating new market opportunities.
In 2017 my Department provided for an increased current expenditure pay provision of €1.7m to enable EI recruit 39 Brexit specific posts to work at home and across the globe in EI’s 33 offices abroad. My Department provided EI with a further €1.3 million in Budget 2018 to recruit approximately 18 additional staff.
Specific programmes introduced during 2017 have included;
- A ‘Prepare for Brexit’ online portal and communications campaign.
- An enhanced programme of trade and investment missions and other trade promotional events.
- An online ‘Brexit SME Scorecard’ to help all Irish businesses self-assess their exposure to Brexit. The Scorecard generates a report on weak areas and suggests some initial next steps. 1,909 companies had used the Scorecard by mid-December of 2017.
- A new Eurozone Strategy to increase exports to Eurozone countries by 50% by 2020. This strategy aims to support companies to broaden their export footprint beyond the UK, and thereby improve economic resilience.
- A new €5k “Be Prepared Grant” that supports the costs of SME clients in preparing a plan to mitigate risks and optimise opportunities arising from Brexit.
- EI is hosting “Prepare for Brexit” breakfast roadshows nationally to engage with companies.
- Three new strategic communications campaigns launched to target separate elements of Brexit preparedness. ‘Global Ambition’ is aimed at encouraging companies to export; ‘PrepareforBrexit’ highlights actions required by companies to improve resilience; and a new ‘Irish Advantage’ campaign will target Eurozone buyers to buy Irish innovation in key Brexit impacted sectors.
This Brexit focus has continued into the 2018 plan. In recent weeks, EI launched its new Market Discovery Fund to help more Irish companies accelerate their market diversification efforts.
In summary, I am committed to support the agencies under my remit to continue to respond to the needs of companies affected by Brexit to protect jobs and build resilience across the country.
The challenge, and the opportunity, is to prime businesses with potential to become global players, resilient to challenges posed by Brexit and other market regulation, through superior quality products and services, management, innovation and marketing capability.
301. Deputy Niamh Smyth asked the Minister for Business, Enterprise and Innovation when the IDA last visited counties Cavan and Monaghan; the number of new jobs that have been created by the IDA in the past 12 months; the steps it is taking to attract companies to counties Cavan and Monaghan; the success it has had with this strategy for counties Cavan and Monaghan, in tabular form; and if she will make a statement on the matter. [6044/18]
View answerRegional development is a key priority of mine and I am focused on doing whatever I can to increase investment all across Ireland. The IDA shares this objective and its results for 2017 show that half of all jobs created last year were for locations outside Dublin.
In 2017 there were 12 IDA client companies employing a total of 1,305 people in Cavan and Monaghan. There were 45 new jobs created last year by these companies between the two counties. The Agency is focused, however, on growing these numbers further. The IDA has, for example, a dedicated regional manager for the North East/North West Region and an office in Cavan Innovation and Technology Centre. As part of its strategy to encourage investment to the area the Agency is also focusing on sectors including agri-food, manufacturing, tourism, internationally traded services and cleantech. The Agency regularly engages with key stakeholders on the ground in both Counties, including with local authorities, public bodies, the education sector and firms already present there.
IDA Ireland owns lands in both Cavan and Monaghan that are currently available for investment. The Agency is currently finalising a concept masterplan for the IDA Ireland Business Park in Monaghan and is also progressing with a proposed joint initiative with Monaghan County Council regarding possible planning permission for technology units on the Park to assist with marketing the wider area.
The Agency will continue to highlight the benefits of expanding or locating in the North-East region to its client base and it makes every effort to ensure that FDI is spread as widely as possible across the country as a whole.
The following table outlines the total number of IDA jobs in North-East from 2011 to 2017:
|
IDA Ireland |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
|
|
Cavan |
Total Jobs |
1,172 |
1,128 |
1,135 |
1,136 |
1,165 |
1,203 |
1,155 |
|
Louth |
Total Jobs |
1,511 |
1,881 |
2,568 |
3,029 |
3,217 |
3,574 |
3,702 |
|
Monaghan |
Total Jobs |
352 |
348 |
365 |
275 |
146 |
137 |
150 |
|
Total |
3,035 |
3,357 |
4,068 |
4,440 |
4,528 |
4,914 |
5,007 |
302. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of IDA jobs created per county here in 2017 in tabular form; and if she will make a statement on the matter. [6045/18]
View answerRegional development is a key priority of mine and I am focused on increasing investment in every county in Ireland. The IDA shares this objective and I am pleased that its results for 2017 show that half of all job approvals last year were for locations outside Dublin. There are now over 122,000 people employed across 649 firms in IDA client companies outside of Dublin and I look forward to working closely with the Agency and across Government to attract further foreign direct investment into regional locations in 2018.
The following table provides a detailed breakdown of employment by IDA Ireland client companies for 2017:
|
- |
New Jobs Created (Gross Gains) |
Additional Jobs Created (Net Change) |
Total Jobs |
|
Carlow |
75 |
73 |
875 |
|
Cavan |
31 |
-48 |
1,155 |
|
Clare |
446 |
40 |
6,775 |
|
Cork |
2,388 |
1,417 |
35,248 |
|
Donegal |
375 |
350 |
3,389 |
|
Dublin |
10,956 |
6,393 |
88,318 |
|
Galway |
1,281 |
764 |
17,696 |
|
Kerry |
105 |
89 |
2,186 |
|
Kildare |
275 |
-947 |
9,282 |
|
Kilkenny |
138 |
20 |
782 |
|
Laois |
4 |
4 |
119 |
|
Leitrim |
89 |
86 |
889 |
|
Limerick |
1,028 |
850 |
10,677 |
|
Longford |
77 |
-198 |
474 |
|
Louth |
295 |
109 |
3,702 |
|
Mayo |
272 |
228 |
4,462 |
|
Meath |
71 |
-35 |
1,491 |
|
Monaghan |
14 |
13 |
150 |
|
Offaly |
74 |
26 |
940 |
|
Roscommon |
153 |
143 |
1,128 |
|
Sligo |
63 |
-106 |
2,184 |
|
Tipperary |
341 |
297 |
3665 |
|
Waterford |
682 |
597 |
6,850 |
|
Westmeath |
235 |
221 |
2,794 |
|
Wexford |
284 |
268 |
2,948 |
|
Wicklow |
99 |
30 |
2,264 |
|
Grand Total |
19,851 |
10,684 |
210,443
|
303. Deputy Clare Daly asked the Minister for Business, Enterprise and Innovation the efforts she is making to protect all stable staff involved in horse racing under the Organisation of Working Time Act 1997; and if she will make a statement on the matter. [6069/18]
View answer304. Deputy Clare Daly asked the Minister for Business, Enterprise and Innovation if discussions are expected to reclassify stable staff as agricultural workers further to the recent determination (details supplied) issued by the Labour Court into the classification of stable staff working in horse racing. [6070/18]
View answerI propose to take Questions Nos. 303 and 304 together.
The Organisation of Working Time Act 1997 (OWTA) provides for statutory rights for employees in relation to rest, maximum working time and holidays and derives from a European Union Directive dating from 1993.
I would like to draw the deputy's attention to the fact that since September 2017, policy responsibility for employment rights legislation generally, including the OWTA, transferred to the Minister for Employment Affairs and Social Protection so that any proposal to amend the legislation, or the Regulations thereunder, will be a matter for consideration by that Minister.
The Workplace Relations Commission (WRC) is an independent statutory body under the remit of my Department which has responsibility for the enforcement of employment rights, including the OWTA. In 2017, as part of its work programme, the WRC carried out a targeted campaign to investigate compliance with employment law generally in the equine sector.
In the specific case to which the deputy refers, I understand that compliance notices were served by the WRC on the employer for breaches of the OWT Act. This was subsequently appealed to the Labour Court and that Court upheld the actions taken by the WRC in issuing the working time compliance notices.
The Labour Court is an independent adjudicative body operating under my Department and as Minister, it is not appropriate for me to comment on the outcome of any matter before that Court. It is my understanding that the Labour Court decision in this instance is being appealed to the Circuit Court.
I am aware that the issues before the Labour Court involved consideration as to whether workers in the equine sector should come within scope of the definition of "agriculture" in the context of the OWTA Act and Regulations as that sector can avail of certain exemptions under the legislation.
As I have indicated, any discussions or proposals of this nature involving the OWT Act and Regulations of this nature now comes within the policy responsibility of the Minister for Employment Affairs and Social Protection and will be a matter to be examined by that Department. The WRC and the Labour Court, will enforce employment law as it applies at a particular point in time.
305. Deputy Fiona O'Loughlin asked the Minister for Health if a situation relating to transport for a person (details supplied) in County Kildare will be investigated. [6081/18]
View answerThe Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.
The provision of transport to adults with a disability attending HSE-funded day services is not a core health service, and the HSE endeavours to ensure that all service users access public transport, including rural transport services, if possible. This is in keeping with the principle of mainstreaming with a clear focus on ensuring persons with a disability have access to the normal range of services and participate in community life as far as possible. In general, day service users are in receipt of disability allowance and are automatically entitled to the Free Travel Pass.
However when all other options are exhausted, and a person cannot avail of a day service because they do not have transport to attend, some transport is provided by disability service providers on a case by case basis as resources allow. Service providers are continuously reviewing their transport arrangements to ensure that they are used as effectively and equitably as possible within available resources. This may result in the provision of a reduced quantum of service to the service user, and the HSE does its best to provide transport in certain cases without reducing services.
The HSE intends to liaise with the National Transport Authority and disability service providers to explore ways in which the Authority’s services could assist people with disabilities. The National Transport Authority has a total of 17 Transport co-ordinating units called Local Link which provide safe secure and reliable Public Transport services in local and rural areas of Ireland through a combination of scheduled Public Transport services and door to door services. The HSE plans to explore the opportunities these units may provide to people with disabilities to access day services and participate in the social, educational and economic life of their local communities. However, as the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.
306. Deputy Clare Daly asked the Minister for Health the reason his Department has not recommended a suspension of the use of transvaginal mesh in hospitals pending the completion of the Chief Medical Officer's report on the matter in view of the fact that evidence of the long-term efficacy of these devices is inadequate in quality and quantity and the available alternative therapies for pelvic organ prolapse repair are equally effective but have fewer and less severe side effects. [6212/18]
View answer454. Deputy Louise O'Reilly asked the Minister for Health further to the reports on the side effects of the use of transvaginal mesh, if he will meet with women affected and their representatives; his plans to limit or ban the use of mesh as other countries have; the areas the report into the use of mesh is focusing on; the length of time it will take; and if he will make a statement on the matter. [6067/18]
View answerI propose to take Questions Nos. 306 and 454 together.
I am aware of the safety concerns that have been raised surrounding the use of Transvaginal mesh procedures. As Minister for Health, I want to ensure that both the current use of mesh implants in uro-gynaecological procedures in Ireland, and the on-going clinical management of women who have had these procedures in the past, are in line with international best practice and emerging evidence. At my request, the Chief Medical Officer is preparing a report on the many clinical and technical issues involved, including the issues raised at Leader’s Questions and in previous Parliamentary Questions on this topic. I am informed that this work involves engagement with national and international bodies, the professional colleges and others. This work is underway and will take a number of months to complete and I would ask the Deputy to await the outcome of that work.
I would have no objection to meeting with women affected and their representatives once this report to me is completed.
The Health Products Regulatory Authority (HPRA) advises that they are not aware of scientific evidence which concludes these devices are unsafe when used in line with their intended use. The HPRA continues to liaise closely with European Competent Authorities, the European Commission and with International regulatory agencies in relation to the international evidence relating to these devices. No regulatory action has been taken to date by Competent Authorities in any European country in respect of these devices.
The HPRA has also consulted with a number of clinical experts in this field. The advice of Dr. Suzanne O’Sullivan, President Continence Foundation of Ireland (www.continence.ie) and Consultant Obstetrician and Urogynaecologist in Cork University Maternity Hospital is that “The MUS [mid-urethral sling] has become the operation of choice in Europe, Asia, North and South America and Australasia for treatment of stress urinary incontinence with several million procedures performed worldwide. Whilst each patient differs in terms of symptoms, background medical history, optimal treatment approaches may differ. Relative to other procedures mid urethral slings have been shown, in large studies from all over the world, to be no less safe (and usually more safe) than other procedures and with improved short, medium and longterm outcomes. These mesh slings have major advantages of shorter operating and admission times, and a quicker return to normal activities together with lower rates of complications”.
The safety of surgical meshes used in urogynecological surgery has also been reviewed in Europe by the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR). SCENIHR was requested to provide a scientific Opinion on the safety of surgical meshes used in contemporary pelvic surgery. The Opinion of the SCENIHR was approved in December 2015 and is available, together with a summary of the outcome, on the website of the European Commission http://ec.europa.eu/health/scientific_committees/consultations/public_consultations/scenihr_consultation_27_en.
The SCENIHR summary outlines that ‘clinical outcome following mesh implantation is influenced by material properties, product design, overall mesh size, route of implantation, patient characteristics, associated procedures (e.g. hysterectomy) and the surgeon’s experience’.
SCENIHR states that ‘synthetic sling SUI surgery is an accepted procedure with proven efficacy and safety in the majority of patients with moderate to severe SUI, when used by an experienced and appropriately trained surgeon. Therefore, the SCENIHR supports continuing synthetic sling use for SUI, but emphasises the importance of appropriately trained surgeons and detailed counselling of patients about the associated risk/benefits’. SCENIHR also highlights that “the implantation of any mesh for the treatment of POP via the vaginal route should only be considered in complex cases, in particular, after failed primary repair surgery”.
The Department strongly advises that any woman who experiences or suspects that she has experienced a complication associated with TVMI surgery should discuss this with her GP or with the hospital from which she received the implant. The Department also advises that women considering surgery involving TVMIs should thoroughly discuss with their doctors the indications, alternatives (surgical and non-surgical), benefits and risks involved in their personal circumstances.
307. Deputy Michael Healy-Rae asked the Minister for Health the status of extra care for a person (details supplied); and if he will make a statement on the matter. [5299/18]
View answerAs this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
308. Deputy Dara Calleary asked the Minister for Health when repairs will be complete in the operating theatre of Merlin Park hospital, Galway to allow the theatre to reopen. [5304/18]
View answerIn response to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.
