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Thursday, 5 Jul 2018

Written Answers Nos. 172-185

Missing Persons Data

Questions (172)

Bernard Durkan

Question:

172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons reported as missing in each of the past three years to date; the number traced; and if he will make a statement on the matter. [30008/18]

View answer

Written answers

I am informed by An Garda Síochána that the number of persons reported missing in each year, as well as the number of missing persons that remain untraced at the end of each year, is published in An Garda Síochána's annual reports, which are available online.

In addition, the Garda National Missing Persons Bureau maintains a table of statistics by year for the number of persons reported missing, and the number that remain outstanding on the Garda website, and this table is updated on a regular basis.

The following table sets out the number of persons reported missing in each of the last three years, 2015-2017, and the number that remain outstanding:

Year

No. of reports of missing persons

No. of missing persons outstanding

2017

9,522

35

2016

9,819

17

2015

9,969

29

Work Permits Data

Questions (173, 174)

Robert Troy

Question:

173. Deputy Robert Troy asked the Minister for Business, Enterprise and Innovation the number of work permits granted to chefs in each of the years 2011 to 2017. [29739/18]

View answer

Robert Troy

Question:

174. Deputy Robert Troy asked the Minister for Business, Enterprise and Innovation the number of work permits refused to chefs; and the nationalities of same in each of the years 2011 to 2017. [29740/18]

View answer

Written answers

I propose to take Questions Nos. 173 and 174 together.

The information requested by the Deputy regarding the number of employment permits granted to chefs in each of the years 2011 to 2017, as well as the number of employment permits refused to chefs in each of the years 2011 to 2017, and their nationalities, is in the tables.

It should be noted that applications are refused for a number of reasons including a sizeable number for failing to provide the necessary supporting documentation. A significant number of refusals also arise as a result of employers failing to undertake the labour market needs test (LMNT) in line with legislative requirements. i.e. advertise the job vacancy in Ireland and EU in the first instance. For example, in 2016 some 67% of refusals related to a failure to adhere to the LMNT requirement. Many of these applications would have been subsequently re-submitted and awarded.

A Frequently Asked Questions document, and a Checklist document for Chefs, which my officials have developed in order to assist employers and employees with the application process, is available on my Department’s website at www.dbei.gov.ie. Further checklist documents to assist with permit applications will be rolled out by my officials in the coming weeks.

Year 

Chef Permits Issued

Chef Permits Refused

2017

281

228

2016

281

195

2015

143

131

2014

183

64

2013

138

87

2012

162

157

2011

233

169

Chef Refusals by Nationality

2017

2016

2015

2014

2013

2012

2011

Algeria

0

0

0

0

0

1

1

Afghanistan

0

0

0

0

0

0

0

Argentina

1

0

0

0

0

1

0

Australia

6

2

0

0

1

2

0

Bangladesh

10

4

6

5

10

12

21

Belarus

1

1

0

0

0

0

0

Bolivia

1

0

0

0

0

0

0

Brazil

10

7

3

4

3

1

3

Canada

3

1

0

0

0

1

1

Chile

0

0

1

0

0

0

0

China

52

41

27

15

21

43

33

Egypt

3

2

4

2

1

1

1

Fiji

0

0

0

0

0

1

1

Georgia

1

0

0

0

0

0

0

Hong Kong

0

0

0

0

0

0

0

India

34

24

10

1

7

10

10

Indonesia

1

0

0

0

0

0

0

Israel

1

1

0

0

0

0

0

Japan

1

0

0

1

1

0

1

Jordan

1

0

0

0

0

0

0

Korea, Republic of

7

1

0

1

1

0

1

Kosova

0

0

0

0

0

1

1

Lebannon

0

0

1

0

0

1

0

Malawi

0

0

0

0

0

0

0

Malaysia

28

45

35

15

10

9

15

Mauritania

0

0

0

0

0

2

2

Mauritius

3

16

14

6

18

7

3

Mexico

4

7

2

0

0

1

0

Montenegro

0

0

0

0

0

0

0

Mongolia

0

0

0

0

0

0

2

Morocco

2

2

0

0

1

2

2

Nepal

17

3

4

0

1

2

2

New Zealand

2

2

0

1

0

0

0

Pakistan

15

22

17

6

3

17

22

Philippines

4

3

0

0

4

5

4

Romania

0

0

0

0

0

17

20

Russian Federation

0

0

0

0

0

0

1

South Africa

1

1

1

0

1

0

1

Sri Lanka

5

0

1

2

0

0

2

Syrian Arab Republic

1

0

0

0

0

0

0

Taiwan

1

0

0

0

0

0

0

Thailand

7

1

3

2

3

17

11

Tibet

0

0

0

0

0

1

0

Tunisia

0

0

0

0

0

0

0

Turkey

0

2

0

1

0

0

1

Ukraine

0

0

0

1

0

0

0

United Kingdom

4

0

1

0

0

0

0

United States of America

0

0

0

0

0

1

1

Uruguay

0

1

0

0

0

0

0

Venezuela

1

4

0

0

0

0

0

Vietnam

0

1

1

1

1

0

1

Yogoslavia ( Federal Republic of)

0

0

0

0

0

0

1

Unknown Nationality

0

1

0

0

0

1

4

TOTAL

228

195

131

64

87

157

169

Work Permits Data

Questions (175, 176)

Robert Troy

Question:

175. Deputy Robert Troy asked the Minister for Business, Enterprise and Innovation the number of work permits granted to hospitality workers in each of the years 2011 to 2017. [29741/18]

View answer

Robert Troy

Question:

176. Deputy Robert Troy asked the Minister for Business, Enterprise and Innovation the number of work permits refused to hospitality workers in each of the years 2011 to 2017; and the nationalities of same. [29742/18]

View answer

Written answers

I propose to take Questions Nos. 175 and 176 together.

The information requested by the Deputy regarding the number of employment permits granted to hospitality workers (which includes chefs), in each of the years 2011 to 2017, as well as the number of employment permits refused to hospitality workers in each of the years 2011 to 2017, and their nationalities, is in the tables.

It should be noted that applications are refused for a number of reasons including a sizeable number for failing to provide the necessary supporting documentation. A significant number of refusals also arise as a result of employers failing to undertake the labour market needs test (LMNT) in line with legislative requirements. i.e. advertise the job vacancy in Ireland and EU in the first instance. For example, in 2016 some 67% of refusals related to a failure to adhere to the LMNT requirement. Many of these applications would have been subsequently re-submitted and awarded.

A Frequently Asked Questions document, and a Checklist document for Chefs, which my officials have developed in order to assist employers and employees with the application process, is available on my Department’s website at www.dbei.gov.ie. Further checklist documents to assist with permit applications will be rolled out by my officials in the coming weeks.

Year 

Hospitality Sector Permits Issued 

Hospitality Sector Permits Refused

2017

333

260

2016

290

202

2015

184

146

2014

215

77

2013

190

105

2012

320

218

2011

582

283

Hospitality Sector Refusals by Nationality 

2017

2016

2015

2014

2013

2012

2011

Algeria

0

0

0

0

0

1

1

Argentina

2

0

0

0

0

1

1

Australia

6

2

2

0

2

2

0

Bangladesh

13

4

5

4

10

15

26

Belarus

1

1

0

0

0

0

0

Bolivia

1

0

0

0

0

0

0

Brazil

18

9

4

5

3

6

8

Bulgaria

0

0

0

0

0

0

1

Canada

4

3

0

0

0

0

1

Chile

0

0

1

0

0

0

0

China

53

36

31

16

24

52

49

Costa Rica

0

0

0

0

0

0

1

Croatia

0

0

0

0

0

0

1

Egypt

6

2

4

1

1

4

1

Fiji

0

0

0

0

0

1

1

Georgia

1

0

0

0

0

0

1

India

34

28

16

5

10

19

23

Iran

0

0

0

0

0

0

1

Indonesia

1

0

0

0

0

0

0

Israel

1

1

0

1

0

1

0

Jamaica

0

0

0

0

0

1

1

Japan

1

0

0

1

1

0

1

Jordan

1

0

0

0

0

0

0

Korea, Republic of

8

1

0

1

1

0

1

Kosova

0

0

0

0

0

1

1

Lebannon

0

0

1

0

0

1

0

Malawi

1

0

0

0

0

0

0

Malaysia

27

43

31

17

12

9

20

Mauritius

3

15

18

8

18

8

7

Mexico

6

8

1

0

0

2

0

Moldova

0

0

0

0

2

0

3

Mongolia

0

0

0

0

0

0

2

Montenegro

0

1

0

0

0

0

0

Morocco

3

2

0

0

2

3

2

Myanmar (formerly Burma)

0

0

0

0

0

0

1

Nepal

18

4

4

1

1

2

2

New Zealand

4

2

0

2

0

0

0

Pakistan

16

21

17

8

3

18

23

Philippines

5

4

1

1

6

9

26

Romania

0

0

0

0

0

35

44

Russian Federation

1

1

1

0

0

0

1

South Africa

1

1

2

0

2

1

2

Sri Lanka

4

0

1

0

0

1

3

Syrian Arab Republic

1

0

0

2

0

0

0

Taiwan

1

0

0

0

0

0

0

Thailand

7

2

2

2

3

18

10

Tibet

1

0

0

0

0

0

0

Tunisia

2

0

0

0

0

1

0

Turkey

0

2

0

1

0

0

0

Ukraine

1

0

0

0

2

1

7

United Kingdom

0

0

1

0

0

0

0

United States of America

5

4

2

0

1

2

3

Uruguay

0

1

0

0

0

0

0

Venezuela

2

3

0

0

0

0

0

Vietnam

0

1

1

1

1

0

1

Yogoslavia

0

0

0

0

0

0

1

Unkown Nationality

0

3

5

Total

260

202

146

77

105

218

283

Brexit Negotiations

Questions (177)

Charlie McConalogue

Question:

177. Deputy Charlie McConalogue asked the Minister for Business, Enterprise and Innovation the status of plans by the European Commission to begin talks with trade partners inside the World Trade Organization on the way in which to deal with the European Union’s large food import quotas, that is, tariff rate quotas with other countries after Brexit; if submissions have been made to the Commission in this regard; and her views on the way in which such quotas should be dealt with in a hard or no deal Brexit scenario. [29917/18]

View answer

Written answers

On 26 June 2018, the European Council authorised the European Commission to open formal negotiations within the World Trade Organisation (WTO) on how to divide up existing EU Tariff Rate Quotas (TRQs) between the EU27 Member States and the United Kingdom (UK). The European Commission leads on these matters as under the Treaties competence on trade issues is vested in the Commission under the Common Commercial Policy.

The UK’s withdrawal from the EU has implications beyond the bilateral relationship between the EU and the UK, in particular with regard to their commitments under the Agreement establishing the WTO. When the European Community accepted the WTO Agreement and the Multilateral Trade Agreements in 1994, the schedule of concessions and commitments that was Annexed to the General Agreement on Tariffs and Trade (GATT) 1994 for the European Communities was thereby simultaneously annexed for the UK. As a consequence of the UK’s withdrawal from the EU, the EU’s existing quantitative commitments, notably the TRQs, will require adjustment.

Given the timeframe under which the aforementioned negotiations will need to be conducted, it cannot be excluded that some may not be concluded within the necessary time limits before the UK is no longer covered under the EU’s WTO Schedule. To this end, the European Commission published a proposal for a Regulation - COM (2018) 312 – on 22 May 2018 which seeks to ensure that in the absence of such agreement, the EU can nevertheless proceed with the apportionment of the TRQs by modifying the WTO tariff concessions and that the Commission is given the necessary powers to consequently amend the relevant EU provisions on the opening and implementation of the relevant TRQs.

The products which have TRQs attached are primarily agricultural and fishery products (including specific beef, swine, sheep, poultry, dairy, fruit, vegetables, wheat, maize, rice and fish products), and a small number of industrial products (including specific wood, silicon, glass, flax and fructose products). The methodology applied to apportionment is based on the UK's share of total Union imports under the TRQ over a recent representative three-year period (2013-2015). This usage share is applied to the entire scheduled TRQ volume to arrive at the UK’s share of a given TRQ. The Union’s share then consists of the remainder of the TRQ in question. This means the total volume of a given TRQ is not changed. The full product list including the EU share in quota is contained in the Regulation Annex.

Ireland appreciates the European Commission’s need to act swiftly in this area, against the backdrop of the UK’s planned withdrawal from the Union, and the urgency which was therefore attached to securing the necessary negotiating mandate from Council.

My Department has actively engaged with the discussions to date at EU level. Ireland prioritises the need to minimise disruption to trade as the UK leaves the EU and the importance of maintaining the existing levels of market access, which is the intention of the European Commission. Ireland was one of a number of Member States who sought to enhance the consultation requirements for the European Commission with Member States in the apportionment process and we were successful in that regard. This provides us with assurances that any unintended consequences of the proposed approach, given the fluidity of the overall Brexit process, will be discussed by Member States at the relevant Committee, in particular, the Trade Policy Committee.

As appropriate, my Department will be liaising closely with the Department of Agriculture, Food and the Marine and Department of Foreign Affairs and Trade as the negotiations commence and progress.

Finally, one of the Government’s central objectives for the Brexit negotiations is to minimise the impact on trade and the economy. Research commissioned by my Department demonstrates that a hard Brexit scenario would be most harmful for the Irish economy. This is a scenario we are working to avoid. In this context, it is one of our key negotiating principles to maintain as close a trading relationship with the United Kingdom as possible, post Brexit. In this regard, it is welcome that both the British Government, in Prime Minister Theresa May’s Mansion House Speech on 2 March 2018, and the EU, in its 23 March 2018 Guidelines on the framework for the future relationship, have signalled a desire to maintain zero tariffs and no quantitative restrictions insofar as bilateral EU/UK trade in goods is concerned.

Work Permits Eligibility

Questions (178, 181)

Michael Healy-Rae

Question:

178. Deputy Michael Healy-Rae asked the Minister for Business, Enterprise and Innovation if changes will be implemented to help the home care sector (details supplied); and if she will make a statement on the matter. [29760/18]

View answer

Róisín Shortall

Question:

181. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation if the removal of healthcare assistants from the ineligible categories of employment listing will be considered in view of the staffing shortfall and expected growth in the industry as a result of demographic changes; and if she will make a statement on the matter. [29882/18]

View answer

Written answers

I propose to take Questions Nos. 178 and 181 together.

At my request, my Department is currently conducting a review of economic migration policies underpinning the current employment permits system to ensure that our policies are fully supportive of Ireland’s emerging labour market needs, be they skills or labour shortages in certain sectors. The review is on schedule for completion with a full report due in the coming weeks. Following on from that Report, it is expected that a review of the lists of occupations for employment permits will be conducted in the second half of this year.

Where specific skills prove difficult to source within the State and wider EEA, an employment permit may be sought by an employer to hire a non-EEA national. The employment permits system is managed in part through the operation of the highly skilled and ineligible occupation lists for the purpose of grant of employment permits.

Changes to access to the Irish labour market for specific occupations via the employment permits system are made on the basis of research undertaken by the Expert Group of Future Skills Needs and, coordinated by the National Skills Council, the annual National Skills Bulletin and the annual Vacancy Overview Report in tandem with a public consultation process.

Care workers are currently included on the Ineligible Categories of Employment List (ICEL). In order to remove a skill from this list, there would need to be a clear demonstration that recruitment difficulties are solely due to shortages across the EEA and not to other factors such as salary and/or employment conditions. Organisations in the sector would need to provide the necessary data to substantiate their claims. A detailed evidence-based case for removal of care workers from the ineligible list, based on this detailed data would then need to be put forward by the Department of Health, as the lead Department for the sector, to my Department for review and consideration.

I am aware that my colleague, Minister of State Daly, with special responsibility for Older People, has had various meetings with the nursing home sector and this matter has been discussed. I understand Minister Daly is willing to work with the industry on this important issue to ensure continuity of service in the best interests of residents.

Departmental Staff Training

Questions (179)

Micheál Martin

Question:

179. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation the training her Department and agencies under its aegis will receive on General Data Protection Regulation legislation; when it will be completed; and if she will make a statement on the matter. [29840/18]

View answer

Written answers

To date in 2018, 77 staff from across my Department and its Offices have attended specific targeted training on Data Protection and the General Data Protection Regulation (GDPR). Heads of Business Units were asked to identify key staff requiring this training to ensure that it was targeted effectively. There are two further one-day GDPR training courses scheduled for Autumn 2018.

Further training and awareness will take place in the coming months through Lunchtime Learning presentations and information awareness sessions. These sessions are being delivered by our Data Protection Officer (DPO) who has been assigned on a fulltime basis at Assistant Principal Officer level for my Department and its Offices. In addition, several presentations have been made by the DPO at Divisional Days, and to Business Units across my Department and its Offices who are responsible for specific functions that are particularly involved in the processing of personal data, including Employment Permits, Human Resources Unit, the Company Registration Office and the Patents Office. The DPO will continue to make presentations on the GDPR at management meetings and to Agency Liaison Units in the weeks ahead. The DPO will also continue to work actively with Business Units across my Department and its Offices to support them to ensure compliance with the GDPR, and to assist them with queries through providing assistance and practical advice.

Furthermore, the Department for Public Expenditure and Reform as the Contracting Authority has issued a request for tenders in relation to the award of a contract for the provision of service to deliver training for DPOs within the civil service and bodies across the public sector. The submitted tenders have been assessed and the winning tenderer will be notified shortly.

The provision of GDPR training in my Department's agencies is a matter for those agencies.

Energy Prices

Questions (180)

Micheál Martin

Question:

180. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation her views on the recent announcement that electricity prices will increase by 6.5%; the impact this will have on bills for homes and the small and medium enterprise sector; the steps she will take on same; and if she will make a statement on the matter. [29862/18]

View answer

Written answers

Competitively priced supply of energy is vital for business and its ability to compete successfully in domestic and international markets. The openness of our economy and the high dependence on imported fossil fuels makes Ireland’s energy prices vulnerable to substantial oil price fluctuations.

Addressing Ireland’s cost competitiveness remains a key economic priority for my Department and we continue to monitor Ireland's cost competitiveness on a regular basis. The Ireland’s Competitiveness Scorecard 2018 Report, which will be published shortly by the National Completeness Council, finds that average electricity and gas prices for business increased in the second half of 2017. Higher energy costs increase firms' input costs, thereby reducing profitability, all else being equal. At the household level, higher energy prices result in higher consumer prices.

There are limits to the extent to which policymakers or regulators can, or indeed should, intervene to influence prices in competitive markets. In terms of ensuring our cost competitiveness, there is a role for both the public and private sectors alike to proactively manage the controllable portion of their respective cost bases, drive efficiency and continue to take action to address unnecessarily high costs. Such actions will ensure that improvements in relative cost competitiveness are more sustainable, leaving Ireland better positioned to cope with external shocks.

Question No. 181 answered with Question No. 178.

Workplace Relations Commission

Questions (182, 183, 184, 185)

Maurice Quinlivan

Question:

182. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of workplace relations inspectors employed in each of the years 2015 to 2017 and to date in 2018; and if she will make a statement on the matter. [29886/18]

View answer

Maurice Quinlivan

Question:

183. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of staff employed by the Workplace Relations Commission in each of the years 2015 to 2017 and to date in 2018; and if she will make a statement on the matter. [29887/18]

View answer

Maurice Quinlivan

Question:

184. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of workplace inspections by WRC inspectors that took place in each of the years 2015 to 2017 and to date in 2018; and if she will make a statement on the matter. [29888/18]

View answer

Maurice Quinlivan

Question:

185. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the budget of the Workplace Relations Commission in each of the years 2015 to 2017 and to date in 2018; and if she will make a statement on the matter. [29889/18]

View answer

Written answers

I propose to take Questions Nos. 182 to 185, inclusive, together.

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of the Department of Business, Enterprise and Innovation, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC assumed the roles and functions previously carried out by the National Employment Rights Authority (NERA), the Equality Tribunal (ET), the Labour Relations Commission (LRC) and the first-instance functions of the Employment Appeals Tribunal (EAT).

The WRC’s core functions include the carrying out of inspections of employer records in relation to employment rights compliance, the provision of information, adjudicating on complaints under employment rights, equality and industrial relations legislation and the provision of mediation, conciliation and advisory services.

The inspection and enforcement services of the WRC endeavour to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records. In instances where employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees these cases are referred for prosecution.

Table 1: The number of workplace relations inspectors employed at the end of 2015, 2016, 2017 and to date in 2018 is as follows:

Number of Inspectors in WRC

2015

2016

2017

To date in 2018

Administrative Officer Team Managers

1

1

1

1

HEO Inspection Team Managers

6

6

6

5

Executive Officer Inspectors:

48

48

51

54

The WRC is staffed by civil servants who are part of the overall staffing of my Department. The details at table 2 set out the number of staff employed in the WRC at end of 2015, 2016, 2017 and to date in 2018.

Table 2: The number of staff employed by the WRC at the end of 2015, 2016, 2017 and to date in 2018 is as follows:

Number of staff in the WRC

2015

2016

2017

To date in 2018

Headcount

168

162

173

186

Full time equivalents

159.96

154.36

165.09

179.33

The WRC carries out inspections of employer records with a view to determining compliance with employment rights legislation. These inspections arise

- In response to complaints received of alleged non-compliance with relevant employment rights legislation;

- As part of targeted campaigns which focus on compliance in specific sectors or specific pieces of legislation, or

- As routine inspections, which act as a control measure.

Table 3: The number of workplace inspections by WRC inspectors in 2015, 2016, 2017 and to date in 2018 is as follows:

Year

Number of Inspections

2015

5,185

2016

4,830

2017

4,750

2018 (to 30 June)

2,911

As the WRC was established late in the 2015 fiscal year, the budgets of the individual workplace relations bodies,(which were amalgamated to form the WRC), remained unchanged until the following year. The pay/non-pay budget allocations of the various workplace relations bodies in 2015 were as follows:

Table 4: Pay and non-pay budget allocation for Workplace Relations Bodies 2015.

2015

Non- pay€000

Pay €000

Total€000

National Employment Rights Authority (NERA)

862

5,183

6,045

Labour Relations Commission (LRC)

814

4,130

4,944

Employment Appeals Tribunal (EAT)

422

2,960

3,382

Equality Tribunal (ET)

239

1,460

1,699

The budget allocation for the WRC is made up of pay and non-pay elements in support of the work activities of the Commission. Officials of my Department work closely with the WRC during the annual estimates process to ensure that adequate funding is provided to enable the WRC to fulfil its mandate. Details of the WRC’s funding in terms of pay and non-pay for 2016, 2017 and 2018 are set out at table 5.

Table 5: The WRC budget allocation for pay and non-pay in 2016, 2017 and 2018.

Workplace Relations Commission (WRC)

Non- pay€000

Pay €000

Total €000

2016

2,489

10,081

12,570

2017

2,314

11,065

13,379

2018

2,314

11,700

14,014

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