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Employment Rights

Dáil Éireann Debate, Wednesday - 10 April 2019

Wednesday, 10 April 2019

Questions (44)

Richard Boyd Barrett

Question:

44. Deputy Richard Boyd Barrett asked the Minister for Culture, Heritage and the Gaeltacht the measures she plans to take to improve income and employment security for workers who work in theatres, films and the arts in general; and if she will make a statement on the matter. [16758/19]

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Written answers

I am aware of the challenges referred to in the question and I am continuing to deliver additional supports to the arts and culture sectors including the film sector in line with Government commitments, as evidenced in Budget 2019. 

Primary support for the arts is delivered through the Arts Council. Funding for the Arts Council has increased in recent years and now stands at €75 million in 2019, and increase of some €6.8m or 10% over 2018. The Arts Council, which is independent in its funding decisions under the Arts Act 2003, operates within a published 10 year strategic framework entitled Making Great Art Work. This strategy prioritises support for artists throughout their careers, by the involvement of many agencies in cultural provision, by the impact of the arts on the creative economy, and by the depth and breadth of people's engagement with the arts. The Arts Council now include as an assessment criterion, an organisation’s policy on the remuneration of artists. This aims to ensure that organisations in receipt of Arts Council funding should offer fair and equitable remuneration to artists.

With regard to legal protections for workers in the arts and film industries, it is important to note that employees in every industry and sector are entitled to all existing legal protections. The Employment (Miscellaneous Provisions) Act 2018, which was passed in December, addresses insecurity and unpredictability of working hours for employees on insecure contracts and those working variable hours. The Act provides for a requirement that employers provide employees with certain terms of employment within a certain period after commencing employment; to impose sanctions for certain offences; to further provide for a minimum payment due to employees in certain circumstances; to prohibit contracts specifying zero as the contract hours in certain circumstances and to provide for the introduction of banded contract hours; to further provide for prohibition of penalisation, and for those purposes to amend the Terms of Employment (Information) Act 1994 and the Organisation of Working Time Act 1997; and to amend the Workplace Relations Act 2015.  

In the case of workers in the film industry, I am pleased that the recently introduced Film Regulations 2019 require applicants for Section 481 tax relief to sign an undertaking that they will provide quality employment, and training and skills development opportunities and that they will comply with all applicable laws. 

In appearing before the Joint Committee for Employment Affairs where issues around false employment were discussed last November, the Department of Employment Affairs and Social Protection spoke of a month-long media campaign on false self-employment and the service provided by that Department. The campaign directed people to a dedicated page on its website (www.welfare.ie/employmentstatus) which includes information on the tests used to determine employment status and how to request a formal determination from the Department as well as information about and contacts for the Workplace Relations Commission and Revenue.

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