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Friday, 7 Sep 2018

Written Answers Nos. 1185-1204

Local Authority Finances

Questions (1185)

Eoin Ó Broin

Question:

1185. Deputy Eoin Ó Broin asked the Minister for Rural and Community Development the allocation to each local authority for community development functions in 2017 and 2018. [35417/18]

View answer

Written answers

The information requested is currently being compiled by my Department and will be provided to the Deputy as soon as possible.   

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

Walks Scheme

Questions (1186)

Michael Healy-Rae

Question:

1186. Deputy Michael Healy-Rae asked the Minister for Rural and Community Development if his attention has been drawn to a request by an organisation (details supplied) for increased allocation of funding for the walks scheme, doubling the funding from €2 million to €4 million; and if he will make a statement on the matter. [35763/18]

View answer

Written answers

My Department administers the Walks Scheme which facilitates the development and maintenance of many of Ireland’s walking trails. The scheme involves landholders as key participants in the provision of high quality walking trails, by contracting them to undertake maintenance work on sections of National Waymarked Ways and other priority walks that traverse their lands. The landholders receive modest payments for maintenance work undertaken, in line with agreed work plans.

The scheme currently covers 39 trails, with payments made to approximately 1,900 landholders to maintain those trails.

The Programme for a Partnership Government includes a commitment to double the number of walks included in the scheme, with a consequent increase in funding.

My officials have been looking at how best to expand the scheme and I anticipate that progress will be made by the end of the year in identifying a number of priority walks which might initially be added to the scheme.  Consultation will take place with relevant landholders and other stakeholders in relation to the inclusion of any specific walks in the scheme.

Telecommunications Infrastructure

Questions (1187)

Seán Fleming

Question:

1187. Deputy Sean Fleming asked the Minister for Rural and Community Development the number of local authorities that have been asked to map local blackspots to identify infrastructure that could potentially be used to provide additional coverage on an economical basis in respect of the coverage of mobile phone reception for both the 3G and 4G network; the number of these local authorities that have completed this process; the action being taken on foot of this to improve the service; and if he will make a statement on the matter. [35975/18]

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Written answers

The Mobile Phone and Broadband Taskforce was established in July 2016 to examine broadband and mobile phone coverage deficits in Ireland and identify tangible actions to improve the quality of these services.

The Taskforce Report was published in December 2016, encompassing 40 actions to alleviate barriers to mobile phone reception and broadband access.  An Implementation Group was established in 2017 to oversee the delivery of the actions in the Taskforce’s report.  Progress reports on the delivery of these actions are published on my Department's website on a quarterly basis.

With regard to the specific issue of mobile phone black spots, my officials, in conjunction with the Department of Communications, Climate Action and Environment, are actively engaged with Local Authorities and mobile phone operators to identify priority black spots and take action to address this issue. 

During 2017, officials of both Departments worked with a group of Local Authorities to identify the issues associated with mapping local black spots.  Building on this exercise, a call was issued to all Local Authorities in 2018 to map local black spots and identify infrastructure that could potentially be used to improve telecommunications services.

To date, 17 Local Authorities have provided data on more than 200 black spots, although it should be borne in mind that the number of black spots is constantly changing as new telecommunications infrastructure is rolled out and upgraded.  The black spot information that the Department has received so far is providing data regarding poor coverage in specific rural areas and along national and regional roads. The Department is continuing to work with the telecommunications providers to ensure that new infrastructure is targeted at the areas most in need. 

In addition, I understand that a Focus Group was established earlier this year by the Department of Communications, Climate Action and Environment to provide guidance with respect to categories of location where high quality reliable mobile coverage should be made available as a priority. The report of the Focus Group was published in August 2018 and sets out a ranked list of categories of location where high quality mobile coverage should be available, and recommends the level (in terms of quality and reliability) of coverage needed for these locations with respect to mobile voice and data services.

Dormant Accounts Fund Administration

Questions (1188)

Peter Burke

Question:

1188. Deputy Peter Burke asked the Minister for Rural and Community Development the way in which individual clubs can apply for dormant accounts funding through the various departments; and if he will make a statement on the matter. [35461/18]

View answer

Written answers

The 2018 Dormant Accounts Action Plan, which was published in July, approved funding of up to €39.7 million for 45 different measures across ten different Government Departments.

In line with the provisions of the Dormant Accounts Acts, the measures identified in the Action Plan target social, economic and educational disadvantage; and people with a disability. The approved measures will support a wide range of projects and programmes relating to issues such as social inclusion, assisting migrants, support for carers, speech and language therapy, support for dementia sufferers and sports measures. The majority of measures will commence in 2019, subject to voted expenditure being available within each relevant Department. 

With regard to the ways in which individual organisations can apply for funding, it is a matter for each relevant Department as to how they deliver their own measures. Within my own Department the social enterprise measure, which is administered by Pobal, has recently invited applications for capital funding from social enterprises addressing disadvantage and disability through their work. I am also aware that, for example, under the sports related measures delivered through the Department of Transport, Tourism and Sport, Sport Ireland periodically invites applications for possible projects and programmes from the National Governing Bodies, Local Sports Partnerships and other agencies directly involved with disadvantage and disability.

Town and Village Renewal Scheme

Questions (1189)

Fiona O'Loughlin

Question:

1189. Deputy Fiona O'Loughlin asked the Minister for Rural and Community Development the status of town and village renewal scheme applications in County Kildare. [35930/18]

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Written answers

The 2018 Town and Village Renewal Scheme was launched on 27th April last.  The scheme is funded by my Department and administered through the Local Authorities.

Under the scheme, Local Authorities were required to seek expressions of interest from communities for project proposals and were invited to select up to 12 proposals for submission to my Department for consideration.  The closing date for submission of applications to the Department was 30th June 2018.  

My Department received 290 applications in total under the scheme, including 8 applications from Kildare County Council. My officials are currently assessing all applications received and it is anticipated that the successful projects will be announced by the end of September. Projects will be expected to commence by the end of the year and to be completed within a period of up to 18 months.

Over €31.6 million has been approved for more than 450 projects across the country under the Town and Village Renewal Scheme since it was introduced in the second half of 2016. It is anticipated that at a further €15 million in funding will be approved under the 2018 scheme for up to 200 projects.

The Town and Village Renewal Scheme is an important part of the Government's Action Plan for Rural Development.  The Government’s commitment to supporting rural Ireland is further underscored through the new €1 billion Rural Regeneration and Development Fund which was launched recently.  This new Fund will provide an opportunity to deliver more integrated and ambitious projects which will further support the revitalisation of our rural towns and villages in the coming years.

Town and Village Renewal Scheme

Questions (1190)

Fiona O'Loughlin

Question:

1190. Deputy Fiona O'Loughlin asked the Minister for Rural and Community Development the status of town and village renewal scheme applications in County Laois [35931/18]

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Written answers

The 2018 Town and Village Renewal Scheme was launched on 27th April last.  The scheme is funded by my Department and administered through the Local Authorities.

Under the scheme, Local Authorities were required to seek expressions of interest from communities for project proposals and were invited to select up to 12 proposals for submission to my Department for consideration.  The closing date for submission of applications to the Department was 30th June 2018.  

My Department received 290 applications in total under the scheme, including 12 from Laois County Council. My officials are currently assessing all applications received and it is anticipated that the successful projects will be announced by the end of September. Projects will be expected to commence by the end of the year and to be completed within a period of up to 18 months.

Over €31.6 million has been approved for more than 450 projects across the country under the Town and Village Renewal Scheme since it was introduced in the second half of 2016. It is anticipated that at a further €15 million in funding will be approved under the 2018 scheme for up to 200 projects.

The Town and Village Renewal Scheme is an important part of the Government's Action Plan for Rural Development.  The Government’s commitment to supporting rural Ireland is further underscored through the new €1 billion Rural Regeneration and Development Fund which was launched recently.  This new Fund will provide an opportunity to deliver more integrated and ambitious projects which will further support the revitalisation of our rural towns and villages in the coming years.

CLÁR Programme

Questions (1191)

Jackie Cahill

Question:

1191. Deputy Jackie Cahill asked the Minister for Rural and Community Development if funding will be provided for fully adapted transport for an organisation (details supplied) as part of its application for CLÁR funding; and if he will make a statement on the matter. [36234/18]

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Written answers

The aim of CLÁR is to support the sustainable development of designated areas which have suffered significant levels of depopulation in the past, with the aim of encouraging people to continue to live and work in those areas.  The programme has funded a number of measures over the last two years which support this objective.

On the 8th August last, I announced details of a Mobility and Cancer Care Transport measure under the Department’s CLÁR Programme. This new €1.5 million measure will support the purchase of vehicles by voluntary organisations in CLÁR areas that provide:

- transport to/from designated cancer treatment hospitals/centres under the National Cancer Care Programme, or

- transport for people with significant mobility issues to day care or other medical, therapeutic or respite services, including those requiring specialised wheelchair accessible vehicles. 

The measure will support applications of up to €50,000 for a wheelchair accessible vehicle and up to €100,000 for a bus. CLÁR will provide up to 85% of the total cost of such vehicles, including fit-out. Matching funding of at least 15% is required from other sources. The closing date for applications under the measure was 31st August 2018. 

I can confirm that an application was received in respect of the group referred to by the Deputy. My officials are currently assessing all applications received and I hope to be in a position to announce the successful applications in the coming weeks.

Departmental Communications

Questions (1192)

Seán Fleming

Question:

1192. Deputy Sean Fleming asked the Minister for Rural and Community Development the position in his Department and the organisations under its aegis that have arrangements in place for lo-call numbers or 1800, 1850 and 1890 phone numbers for members of the public to contact his Department or organisations under its aegis; the number of these that are completely free to call to persons that use mobile phones and may incur major bills phoning such organisations; if the situation will be reviewed; and if he will make a statement on the matter. [36405/18]

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Written answers

My Department receives ICT and telephony services via an agreement with the Office of the Government Chief Information Officer and as such all Departmental numbers use the 076 prefix, where calls are charged as a national call from landlines or mobiles. My Department has no separate arrangements in place for the use of lo-call or 1800, 1850 and 1890 numbers.

In respect of the agencies under the aegis of my Department, Irish Water Safety (IWS) has an arrangement in place for an 1890 number for callers from fixed line numbers, however there is also a standard 091-area number which mobile phone users can contact at the standard rate charged by their service provider or within their bundled minutes package.

Charities Regulation

Questions (1193)

Thomas P. Broughan

Question:

1193. Deputy Thomas P. Broughan asked the Minister for Rural and Community Development the estimated cost in 2019 if the budget for the Charities Regulatory Authority increased by 12.5%; and if he will make a statement on the matter. [36424/18]

View answer

Written answers

The Charities Regulatory Authority has been allocated €4.552m in 2018. A 12.5% increase in this amount would lead to an allocation of €5.121m. However, the allocations for 2019 for my Department are subject to the ongoing 2019 Estimates discussions and will be agreed upon in due course.

Outdoor Recreation Infrastructure Scheme

Questions (1194)

Tony McLoughlin

Question:

1194. Deputy Tony McLoughlin asked the Minister for Rural and Community Development when funding allocations under measure 2 of the outdoor recreational scheme will be announced; and if he will make a statement on the matter. [36513/18]

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Written answers

The Outdoor Recreation Infrastructure Scheme is part of the Government’s Action Plan for Rural Development and provides funding for the development of new outdoor recreational infrastructure or the necessary maintenance, enhancement or promotion of existing outdoor recreational infrastructure in Ireland.

On 28th May last, I announced details of €12 million in funding for Outdoor Recreation Infrastructure under three separate measures:

- Measure 1: Small maintenance/promotion of existing infrastructure (maximum grant €20,000)

- Measure 2: Medium scale repair/upgrade and development of new small/medium infrastructure (maximum grant €200,000), and

- Measure 3: Repair/upgrade and development of larger more strategic projects (grant of between €200,001 and €500,000).

The closing date for applications under Measure 1 was Friday 6th July 2018, and for Measures 2 and 3 the closing date was Friday 27th July 2018.  Applications under the scheme are currently being assessed and I hope to announce successful projects under Measure 1 in the coming weeks with similar announcements under Measures 2 and 3 to follow.

Leader Programmes Expenditure

Questions (1195)

Charlie McConalogue

Question:

1195. Deputy Charlie McConalogue asked the Minister for Rural and Community Development the breakdown between total funds expended on administration costs and the total amount on project costs on the Leader programme in each year of the 2014-2020 rural development programme and to date in 2018. [36936/18]

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Written answers

LEADER is a multi-annual programme for the period 2014-2020 and has a total budget of €250 million over that period. Table 1 below details the expenditure incurred in each of the years 2015 to 2017, and to date in 2018. This expenditure relates to:

- the cost incurred by the Local Action Groups (LAGs), who administer the programme, in preparing and developing their Local Development Strategies,

- the administration costs of the LAGs and the costs of their engagement with communities to generate projects; and,

- expenditure incurred on projects. 

The level of project activity under the LEADER programme has increased significantly in recent months, and 1,265 projects have now been approved for funding to a value of almost €38.4 million.  A further 335 project applications with a combined value in excess of €20 million are at various stages in the approval process.

I expect the level of expenditure on projects to increase substantially in the coming months as these projects are implemented and the promoters submit claims for payment.

Table 1: LEADER 2014-2020 Expenditure by year as of 4 th September 2018

Preparatory Support Costs

Administration Costs

Projects

Total Programme Expenditure

2015

€1,251,185.25

€0.00

€0.00

€1,251,185.25

2016

€119,785.45

€1,141,135.09

€0.00

€1,260,920.54

2017

€97,141.59

€11,364,865.35

€661,844.12

€12,123,851.06

2018

€0.00

€6,250,814.56

€4,917,864.15

€11,168,678.71

Total

€1,468,112.29

€18,756,815.00

€5,579,708.27

€25,804,635.56

Rural Development Programme Funding

Questions (1196)

Charlie McConalogue

Question:

1196. Deputy Charlie McConalogue asked the Minister for Rural and Community Development the financial allocations on an annual basis under the 2014-2020 rural development programme as per measure 19 support for Leader local development; the annual amount expended on the programme in each year of the rural development programme; and if he will make a statement on the matter. [36937/18]

View answer

Written answers

LEADER, which is referred to at EU level as Measure 19, forms part of Ireland's Rural Development Programme 2014-2020.  Ireland's LEADER programme has a total budget of €250 million over the period to 2020.  €220 million of this funding has been allocated to the Local Action Groups (LAGs) throughout the country who deliver the LEADER programme. The remaining €30 million is available for schemes which will be delivered at a national level.

The funding which has been allocated to the LAGs is provided for the whole duration of the programme, rather than on an annual basis. This provides greater flexibility to the LAGs in managing their resources.  

Table 1 below details the funding allocations provided to LAGs by county under the 2014-2020 LEADER programme. The LEADER areas are, in the main, aligned with the county boundaries.  However, County Cork includes three LEADER sub-regional areas.

Table 2 details the overall expenditure incurred each year to date under the programme.

Project approvals under LEADER have increased significantly this year and a total of 1,265 projects have now been approved by the LAGs for funding of almost €38.4 million. A further 335 projects with a combined value in excess of €20 million are currently within the approvals process. The level of project expenditure under the programme is therefore expected to increase significantly as payment claims are submitted to my Department through the LAGs in respect of these projects.

Table 1: LEADER 2014-2020 Allocations per County

County

Programme Allocation (€)

Carlow

6,416,803.43

Cavan

8,522,285.84

Clare

8,920,224.65

Cork

13,938,823.22

Donegal

12,913,877.86

Dublin

6,370,438.43

Galway

12,195,883.61

Kerry

10,219,868.29

Kildare

5,261,600.01

Kilkenny

7,791,572.91

Laois

7,124,586.86

Leitrim

5,998,474.74

Limerick

9,276,593.96

Longford

7,597,623.07

Louth

6,101,862.01

Mayo

11,121,431.88

Meath

6,903,123.57

Monaghan

7,592,719.51

Offaly

8,036,763.90

Roscommon

8,852,659.22

Sligo

7,655,647.81

Tipperary

10,103,443.28

Waterford

7,522,796.18

Westmeath

7,384,206.22

Wexford

9,840,140.56

Wicklow

6,336,549.00

TOTAL

€220,000,000

       

Table 2: LEADER 2014-2020 Expenditure broken down per year  

Total Programme Expenditure

2015

€1,251,185.25

2016

€1,260,920.54

2017

€12,123,851.06

2018

€11,168,678.71

Total

€25,804,635.56

Departmental Expenditure

Questions (1197)

Charlie McConalogue

Question:

1197. Deputy Charlie McConalogue asked the Minister for Rural and Community Development the amount allocated by current and capital expenditure in 2018 to schemes (details supplied). [36938/18]

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Written answers

My Department operates a suite of programmes designed to support rural communities. These include the Town and Village Renewal Scheme, the Outdoor Recreation Infrastructure Scheme, the CLÁR programme, the Local Improvement Scheme and the Walks Scheme.

Table 1 below provides details of the current and capital allocations announced under these programmes to date in 2018.  In the case of schemes for which announcements are pending, the projected indicative allocation is provided.

In most cases, projects supported under these programmes run over a 12-18 month period from the time the funding is approved.  Expenditure under the 2018 programmes will therefore be incurred over the 2018 and 2019 financial years.

However, projects under the Local Improvement Scheme are expected to be completed in 2018, while the Walks Scheme provides annual funding for the maintenance of sections of 39 trails that traverse private lands.

Table 1 – Rural programmes, 2018 allocations

Programme

Current Expenditure allocation  

Capital Expenditure allocation  

Total allocation  

Town and Village Renewal scheme  

-

€15m*

€15m

Outdoor Recreation Infrastructure Scheme  

-

€14.2m**

€14.2m

CLÁR programme  

-

€10.4m

€10.4m

Local Improvement Scheme  

-

€10.84m

€10.84m

Walks Scheme  

€2m

--

€2m

* Indicative allocation.  Successful projects to be announced by end-September.

** Includes €2.2m allocated in January 2018 in respect of the 2017 programme call, and an indicative 2018 programme allocation of €12m.

Back to School Clothing and Footwear Allowance Scheme Data

Questions (1198, 1199, 1200, 1228, 1254)

Kathleen Funchion

Question:

1198. Deputy Kathleen Funchion asked the Minister for Employment Affairs and Social Protection the number of persons that did not receive an automatic payment of the back to school clothing and footwear allowance and that had to reapply in each of the years 2009 to 2017 and to date in 2018. [35937/18]

View answer

Kathleen Funchion

Question:

1199. Deputy Kathleen Funchion asked the Minister for Employment Affairs and Social Protection the reason those entitled to automatic payment of the back to school clothing and footwear allowance that may have to reapply are not informed of this prior to the release of the payment; and if she will make a statement on the matter. [35938/18]

View answer

Kathleen Funchion

Question:

1200. Deputy Kathleen Funchion asked the Minister for Employment Affairs and Social Protection the number of back to school clothing and footwear allowance payments made on the assigned date of issue; and the number of persons that received it after this date. [35939/18]

View answer

Fiona O'Loughlin

Question:

1228. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of the back to school clothing and footwear allowance; and if she will make a statement on the matter. [35959/18]

View answer

John Brady

Question:

1254. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the reason for the delay in processing the back to school clothing and footwear allowance; the wait time for same; the number of applications to be processed; the date on which all applications will be processed; and if she will make a statement on the matter. [36259/18]

View answer

Written answers

I propose to take Questions Nos. 1198 to 1200, inclusive, and 1228 and 1254 together.

The back to school clothing and footwear allowance (BSCFA) scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The Government has provided €49.5 million for the scheme in 2018.

The payment rates are €125 for eligible children aged 4 to 11 years and €250 for children aged over 12 years and attending secondary school.

Each year since 2010 in excess of 100,000 customers can be identified from the Department's computer system as having an automatic entitlement to the allowance so they are notified of their entitlement and there is no requirement for them to make an application. In addition, approximately 55,000 customers may have an entitlement but need to apply to have this entitlement assessed.

Similar to arrangements in previous years, the majority of this year’s BSCFA payments for 104,461 families in respect of approximately 190,308 children were fully automated and parents were not required to make an application to the Department. The total amount paid to families with an automatic entitlement was €33.45m and these payments were made during the week commencing 9th July 2018.

In order to qualify for an automated payment the parent of the child must have been in receipt of a qualifying payment that included an increase in respect of a qualified child at the commencement of the scheme and the Department were satisfied that the household satisfied the means test for the scheme. The scheme commenced from the 1st June 2018 with the entitlement created based on the preceding week's entitlement.

The Back to School Clothing and Footwear Allowance is a means-tested allowance. Qualifying for the allowance in a previous year does not in any way guarantee the customer will receive it in the current year and many customers, especially those who have had a change in their means or circumstance, will need to make an application for the payment for this year in order to have their entitlement validated. Customers with children aged 18 years or over will also need to apply and provide confirmation that they are in full-time second-level education. Therefore it is not possible prior to the release of the automatic payments to inform customers that they have no automatic entitlement to the payment.

Customers who may have received BSCFA in previous years and did not receive written confirmation of entitlement for this year by end June will need to make an application. Applications for Back to School Clothing and Footwear Allowance are open until 30 September and application forms are available to download from www.welfare.ie/forms or at local Intreo Centres. To request a form by post, the customer should text BSCFA1 followed by their name and address to 51909.

To date (5 September 2018) 130,339 families have been awarded the allowance, 5,642 have been refused and 10,470 are awaiting a decision. Up to 400 applications are being received on a daily basis. Expenditure to date on the scheme is €42.8m.

The BSCFA Area continues to experience delays in processing the Back to School Clothing and Footwear Allowance (BSCFA). The delays have arisen as a result of a combination of technical issues, and a very high volume of new applications received since the beginning of July. However, I can assure you that all outstanding claims are being dealt with expeditiously.

Customers who are experiencing particular difficulties with back to school costs and have yet to receive the allowance can contact their local Community Welfare Service (CWS) to seek financial assistance by way of a basic Supplementary Welfare Allowance (SWA) which is fully recoupable from the BSCFA due.

The number of customers who received an automatic payment and those who were paid on foot of submitting an application in the years 2011 to date are set out in the attached tabular statement. All payments prior to 2011 were on foot of an application being submitted.

Year

Auto payments made in July

Manual payments

Total payments

2009

N/A

N/A

139,000

2010

N/A

N/A

162,000

2011

127,000

69,000

196,000

2012

115,000

70,000

185,000

2013

115,000

66,000

181,000

2014

113,000

54,000

167,000

2015

105,000

48,000

153,000

2016

109,000

45,000

154,000

2017

107,000

44,000

151,000

2018

104,000

26,000*

130,000*

*provisional

Employment Rights

Questions (1201)

John Lahart

Question:

1201. Deputy John Lahart asked the Minister for Employment Affairs and Social Protection if the ratification of the International Labour Organisation's convention concerning decent work for domestic workers in August 2014 was the catalyst for the subsequent changes in the interpretation of the status of au pairs; if not, the point at which the status of an au pair was changed to be considered an employee; and if she will make a statement on the matter. [36146/18]

View answer

Written answers

Ireland's ratification of the ILO Convention No. 189 on Decent Work for Domestic Workers (the Domestic Workers Convention) in 2014 did not require any changes to our domestic legislation, as the existing body of employment rights legislation was fully compliant with the Convention.  Therefore, ratification did not change anything in existing employment legislation or its interpretation. However, ratification presented an opportunity to raise awareness of the rights of domestic workers, and, to this end, the then National Employment Rights Authority (NERA) - which has since become part of the Workplace Relations Commission (WRC) - published a booklet on the employment rights of domestic workers in Ireland  to coincide with ratification.  The Migrant Rights Centre of Ireland (MRCI) also used the opportunity to raise awareness of domestic workers' rights.  

A “domestic worker” is defined in the Domestic Workers Convention as “any person engaged in domestic work within an employment relationship”. Domestic work may involve a range of tasks, including cooking, cleaning a house, washing and ironing laundry, general housework, looking after children, the elderly or persons with disabilities, and maintaining gardens.

There is no legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them.  Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees.  For example, the National Minimum Wage Act 2000 requires that any persons working under a contract of employment be paid the statutory National Minimum Wage.  For the purposes of this Act, this means a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.

Where the WRC receive a complaint involving somebody described as an au pair, they will investigate with a view to establishing whether a person has statutory entitlements under employment law. The question as to whether a person is an employee or not is generally established by reference to the provisions of existing employment legislation and established contract law, regardless of any title or designation given to the individual.  Complaints involving "au pairs" are considered on a case-by-case basis, in the light of the facts of each case.

Free Travel Scheme Eligibility

Questions (1202)

James Lawless

Question:

1202. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection if a travel pass for a person (details supplied) can be reinstated in view of recent policy changes to the free travel scheme; and if she will make a statement on the matter. [36707/18]

View answer

Written answers

The current free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are currently approximately 914,000 customers with direct eligibility with an annual allocation of €90 million.

Persons resident in Ireland who are over 66 and persons in receipt of certain social welfare payments are eligible for the scheme.  The social welfare payments that allow persons aged under 66 to a free travel pass include disability allowance, invalidity pension, carer’s allowance and partial capacity benefit. 

The “Make Work Pay” Initiative allows people with long term disability payment who move off the payment to get a job retain their Free Travel Card for a period of five years, providing all other qualifying conditions for the free travel scheme are satisfied.

The initiative came into effect from the 6th April 2017.  Therefore only people who move off long term disability payment to get a job from this date can retain their Free Travel Card for a period of five years.  

Any decision to amend this policy can only be considered in the context of overall budgetary negotiations.

I hope this clarifies the matter for the Deputy.

Job Losses

Questions (1203)

Billy Kelleher

Question:

1203. Deputy Billy Kelleher asked the Minister for Employment Affairs and Social Protection the actions she has taken to protect jobs at a company (details supplied) and put supports in place for employees that will be made redundant; if she has spoken with the management of the company regarding these job losses; and if she will make a statement on the matter. [36923/18]

View answer

Written answers

I understand that the company in question has indicated it will phase out its operations in Sligo over the next few years.  It has indicated that there will be no job losses this year and that the majority of its workers will remain in employment until 2020.  Nevertheless, my Department has already taken steps to contact the company with a view to advising its workers of their social welfare entitlements if they are made redundant and the various employment supports that are available.

I trust that this clarifies the matter for the Deputy.

Invalidity Pension Appeals

Questions (1204)

Bernard Durkan

Question:

1204. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the progress to date in the determination of an appeal for an invalidity pension in the case of a person (details supplied); if an oral hearing can be facilitated in this case; and if she will make a statement on the matter. [35431/18]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th July 2018.  It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.  When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I hope this clarifies the matter for the Deputy.

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