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Wednesday, 17 Apr 2019

Written Answers Nos. 136-160

Work Permits Applications Data

Questions (136)

Billy Kelleher

Question:

136. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the steps being taken to increase the speed at which work permits are being issued; the number of outstanding work permits at the end of each of the past four calendar months, that is, 31 December 2018 to 31 March 2019, that remain to be processed by sector in tabular form. [17968/19]

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Written answers

My officials in the Employment Permits section of my Department inform me that current processing times for employment permits are:

- 3 weeks for Trusted Partner applications (which made up 71% of all applications in 2018).

- 11 weeks for Standard applications (which made up 29% of applications in 2018).

The Department is continuing to take steps to improve these processing times. The main reason for the delays is the current high level of demand for employment permits, due to our economic success, growing labour market and reduced labour surplus. 

During 2018 some 16,800 applications were received which was approx. 30% higher than 2017.  This strong demand has continued into 2019 with a 15% increase in applications received to date (3,755 applications received at end of March).

During 2018 13,398 permits were granted representing an almost 20% increase over last year. Quarter 4 in 2018 saw the highest number of permits issued in any quarter in the previous 10 years.  The high levels of permits being issued has continued into 2019 with a 44% increase in permits issued through Quarter 1 when compared to the same period in 2018.  A total of 3,878 permits have issued by end of March 2019 (which includes a number of permits that were applied for in 2018).

Through a combination of increased resources, staff working overtime and ICT and operational improvements, processing times are reducing with further improvements anticipated for standard applications in the coming weeks.

As well as the short-term measures introduced to date, my officials are currently seeking tenders for a Business Processing Reengineering study to be carried out to identify further efficiencies and identify possible new system requirements including exploring the development of a new IT system which will take advantage of all the new technologies available, including full digitisation.  In parallel with this new development, the Department is determined to continue to reduce processing times and is engaging extensively with stakeholders to ensure that they understand the process and that they comply with the application requirements so that no unnecessary delays occur.

There are currently approximately 1,890 permit applications in the processing queue, down from a peak of 3,230 in September 2018.  All permit applications remain in this queue until reached for processing at which stage the appropriate economic sector is assigned.  Therefore, there is no statistical breakdown by economic sector for applications in the processing queue.  However, please find the overall amount of permit applications in the processing queue that remained to be processed on the dates requested.

Date

Employment Permit applications in processing queue at month end

31st December 2018

2,637

31st January 2019

2,052

28th February 2019

1,975

31st March 2019

1,731

Office of the Director of Corporate Enforcement Reports

Questions (137, 138)

Billy Kelleher

Question:

137. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation if she and her officials explored all possible mechanisms to date in the Houses of the Oireachtas, and-or legal options, to facilitate the publication of the ODCE report into the collapse of a trial of a person (details supplied); and if this cannot be done through the parliamentary or committee system, the other options that can be considered in the Houses of the Oireachtas to achieve this objective in view of the outstanding public interest and transparency for this action. [17969/19]

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Billy Kelleher

Question:

138. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation her views of whether the full report of the trial of a person (details supplied) should be made available to the Members of the Houses of the Oireachtas in order to identify potential legal lacunae and weaknesses that emerged in this case in existing company law and to ensure that Members can input this information into the scrutiny of the draft companies (corporate enforcement authority) Bill which will ultimately produce more robust legislation in the area. [17970/19]

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Written answers

I propose to take Questions Nos. 137 and 138 together.

There has been extensive engagement with the Office of the Attorney General on the publication of the Report of the Director of Corporate Enforcement (ODCE) prepared under section 955(1)(a) of the Companies Act 2014.

Because of section 956 of the Companies Act 2014 the Minister for Business, Enterprise and Innovation is prohibited from publishing reports prepared pursuant to Section 955 of the Act.

The Companies Act 2014 contains strict confidentiality obligations on information in the possession of the Director. This is because there is a public interest in ensuring that ongoing and future investigations are not compromised by the disclosure of details of an individual investigation and the investigative process itself.

However, while it is not possible to publish the report itself, an account of the investigative shortcomings identified by Judge Aylmer, in so far as they relate directly to the role of the ODCE, was published on 4 December 2018 on the website of my Department. The account sets out the factors which led to the investigative shortcomings identified by the Judge, including the need for a broader skills base, a greater range and depth of knowledge and experience of criminal prosecutions within the Office and a greater appreciation of the necessity to employ appropriate procedures and manage risk.

Now that we know the factors that led to the shortcomings, our focus has shifted to ensuring we use the lessons of this investigation, note the steps already taken to address them and identify further measures to enhance the capacity of the ODCE to tackle corporate wrongdoing.

Since the time of the investigation, the Director has implemented multiple reforms within the ODCE, including staffing and procedural reforms that address many of the issues that led to the investigative shortcomings outlined by Judge Aylmer. Further measures to be taken include the establishment, as announced by Government in November 2017, of the Office of the Director of Corporate Enforcement as a stand-alone agency, to provide it with greater autonomy in relation to staffing resources and ensure it is better equipped to investigate increasingly complex breaches of company law.

In his judgment, Judge Aylmer did not point to any deficiencies in the company law framework. Nevertheless, as part of the process of preparing legislation to establish the ODCE as an Agency, any further powers that are identified as a requirement for carrying out the functions of the Agency will be conferred under statute as appropriate.

The General Scheme of a Bill to establish the ODCE as an Agency was published on my Department’s website on 4 December 2018 and is currently subject to pre-legislative scrutiny by the Oireachtas Joint Committee on Business, Enterprise and Innovation. The General Scheme proposes new, or develops existing powers and investigative tools for the Agency, including:

Enhanced search and entry powers;

Admissibility of statements;

Access to telecom records;

Power to oblige liquidators to provide evidence that they are qualified to act as liquidators;

New grounds to apply to the Courts for an Order to restrict a person from acting as a director in winding-up situations.

With regard to the procedures pertaining to the parliamentary or committee system, such procedures are a matter for the Houses of the Oireachtas.

Skills Development

Questions (139)

Billy Kelleher

Question:

139. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the funding allocated to the expert group on future skills needs in each of the years 2016 to 2018; the 2019 funding allocation between current and capital funding; the annual costs incurred and allocations made in each of the years 2016 to 2018; the number of part and full-time civil servants attached to the expert group; and the associated annual staff costs in tabular form. [17973/19]

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Written answers

The Expert Group on Future Skills Needs is an independent body that advises the Government on the current and future skills needs of the Irish economy. It is served by a Secretariat that is based in my Department.

The Expert Group on Future Skills Needs is funded through the National Training Fund. The information below details:

Funding allocated to the EGFSN from 2016 to 2018;

Current and capital funding allocated for 2019;

Annual costs incurred from 2016 to 2018;

The number of civil servants (part and full-time) attached to the Group and their costs

1. Budget Allocations 2016-2018

Allocation 2016 (€) 

Allocation 2017 (€) 

Allocation 2018 (€)

€490,000 

€380,000 

€460,000 

2. 2019 Allocation

Allocation 2019 (€) 

Pay (€) 

Non Pay (€) 

€507,000

€317,000 

€190,000 

3. Actual Expenditure 2016-2018

Expenditure 2016 (€) 

Expenditure 2017 (€) 

Expenditure 2018 (€) 

€278,044

€342,502 

€460,000 

4. Civil Servant Numbers 

In 2019, there is 1 Principal Officer, 3 Assistant Principal Officers, 1 Administrative Officer and 1 Executive Officer involved in EGFSN activity.

Company Law

Questions (140, 141)

Billy Kelleher

Question:

140. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation her views on requiring large accountancy firms to separate audit functions from non-audit business; and if an impact analysis has been carried out by her Department in this regard. [18005/19]

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Billy Kelleher

Question:

141. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation her views on proposals (details supplied); and if an impact analysis has been carried out by her Department in this regard. [18006/19]

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Written answers

I propose to take Questions Nos. 140 and 141 together.

The EU completed a significant reform of the rules governing statutory audit with the adoption of two new instruments in April 2014. The resulting Audit Directive (2014/56/EU) and Regulation ((EU)(537/2014)) updated existing EU law. The package contained new legislative requirements including in relation to the independence regime between the audited entity and audit firm and auditor reporting.

The Audit Directive and Regulation were given effect in S.I. 312 of 2016 and elevated to primary legislation in the Companies (Statutory Audits) Act 2018. The Regulatory Impact Analyses for S.I. 312 of 2016 and the Companies (Statutory Audits) Act 2018 are each published on my Department’s website with details of the Member State options exercised in the transposition.

The new framework for statutory audit enhances independence requirements on all statutory auditors and audit firms such as the requirement to maintain professional scepticism and to assess possible threats to their independence in advance of taking up an audit engagement. The EU Regulation also introduced new obligations specifically addressed to the auditors of public interest entities i.e. credit institutions, insurance undertakings and listed entities. The main requirements on auditors and public interest entities in respect of independence are:

- The prohibition of the provision of certain non-audit services to the audited entity and the provision of other non-audit services subject to certain conditions.

- A cap on fees from non-audit services of 70% of audit fees, based on the average of the three preceding years audit fees.

- A requirement to change auditor at least every ten years and to change the key audit partner every five years.

In relation to auditor communication, the content of all audit reports now includes requirements to describe the scope of the statutory audit and to provide a statement on any material uncertainty that cast significant doubt about the entity’s ability to continue as a going concern. The EU Regulation also imposed additional obligations in respect of the audit report of public interest entities such as providing a description of the most significant assessed risks of material misstatement including assessed risks of material misstatement due to fraud and the auditor’s response to those risks.

There are no plans to change the current requirements which have been in place since 2016 but, as with all areas of policy and law, their impact will be kept under review.

Medical Aids and Appliances Provision

Questions (142)

Seán Sherlock

Question:

142. Deputy Sean Sherlock asked the Minister for Health when a person (details supplied) in County Kildare will receive a medical chair. [17853/19]

View answer

Written answers

As this is a service matter it has been referred to the HSE for attention and direct reply to the Deputy.

National Treatment Purchase Fund Eligibility

Questions (143)

Eamon Scanlon

Question:

143. Deputy Eamon Scanlon asked the Minister for Health the way in which persons are selected for treatment via the National Treatment Purchase Fund, NTPF, to be sent to private hospitals for treatment; if there is a minimum waiting time a person must be on a public waiting list; and if he will make a statement on the matter. [17863/19]

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Written answers

Reducing waiting time for patients for hospital operations and procedures is a key priority for Government. Budget 2019 announced that the Government has further increased investment in tackling waiting lists, with funding to the National Treatment Purchase Fund (NTPF) increasing from €55 million in 2018 to €75 million in 2019.

The joint Department of Health/HSE/NTPF Scheduled Care Access Plan 2019 was published recently and sets out measures to improve care for patients waiting for scheduled care in 2019 by reducing waiting times for inpatient/day case treatment and outpatient appointments. The plan will place a strong focus on a number of high-volume procedures. When combined with HSE activity, it is projected that the NTPF will be in a position to offer treatment to all clinically suitable patients waiting more than 6 months for one of these procedures.

The NTPF works with public hospitals, as opposed to with patients directly, to offer and provide the funding for treatment to clinically suitable long waiting patients who are on an inpatient/day case waiting list for surgery, having been referred on to such a list following clinical assessment by a consultant/specialist at an outpatient clinic.

The key criteria of the NTPF is the prioritisation of the longest waiting patients first. While the NTPF identifies patients eligible for NTPF treatment, it is solely on the basis of their time spent on the Inpatient/Daycase Waiting List. The clinical suitability of the patient to avail of NTPF funded treatment is determined by the public hospital.

National Children's Hospital Expenditure

Questions (144)

Mick Wallace

Question:

144. Deputy Mick Wallace asked the Minister for Health the value of fees paid to a company (details supplied) for the national children’s hospital since 2013 to date; and if he will make a statement on the matter. [17864/19]

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Written answers

The National Paediatric Hospital Development Board (NPHDB) has statutory responsibility for planning, designing, building and equipping the new children's hospital.  I have referred your question to the NPHDB for direct reply.

Disabilities Assessments

Questions (145)

Kevin O'Keeffe

Question:

145. Deputy Kevin O'Keeffe asked the Minister for Health if his attention has been drawn to the fact that no child assessments are being carried out at a facility (details supplied) due to a vacant position not being filled; and if his attention has been further drawn to the fact that a substantial number of children are awaiting assessment that cannot access further education. [17867/19]

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Written answers

The 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. 

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.

Primary Care Centres Provision

Questions (146)

Michael Moynihan

Question:

146. Deputy Michael Moynihan asked the Minister for Health his plans to establish a primary medical centre in Millstreet, County Cork; and if he will make a statement on the matter. [17872/19]

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Written answers

As the HSE has responsibility for the provision, along with the maintenance and operation of Primary Care Centres and other Primary Care facilities, the Executive has been asked to reply directly to the Deputy.

Speech and Language Therapy Provision

Questions (147, 148, 149, 150, 151, 152, 153, 154, 155)

Mattie McGrath

Question:

147. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 1 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17878/19]

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Mattie McGrath

Question:

148. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 2 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17879/19]

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Mattie McGrath

Question:

149. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 3 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17880/19]

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Mattie McGrath

Question:

150. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 4 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17881/19]

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Mattie McGrath

Question:

151. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 5 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17882/19]

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Mattie McGrath

Question:

152. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 6 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17883/19]

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Mattie McGrath

Question:

153. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 7 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17884/19]

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Mattie McGrath

Question:

154. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 8 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17885/19]

View answer

Mattie McGrath

Question:

155. Deputy Mattie McGrath asked the Minister for Health if it is policy in CHO area 9 that access to speech and language therapy for children is not age dependent and that in cases in which a child is assessed as having potential for further improvement that intervention can and will be provided; and if he will make a statement on the matter. [17886/19]

View answer

Written answers

I propose to take Questions Nos. 147 to 155, inclusive, together.

As these questions relate to service matters, I have arranged for the questions to be referred to the Health Service Executive (HSE) for direct reply.

Services for People with Disabilities

Questions (156, 157, 158)

Mick Wallace

Question:

156. Deputy Mick Wallace asked the Minister for Health further to Parliamentary Question No. 152 of 7 February 2019, his plans to fulfil the identified assessed needs of the 64 adults with an intellectual disability in County Wexford on the waiting list for residential care; and if he will make a statement on the matter. [17891/19]

View answer

Mick Wallace

Question:

157. Deputy Mick Wallace asked the Minister for Health further to Parliamentary Question No. 152 of 7 February 2019, the number of the 19 adults with an intellectual disability in County Wexford on the waiting list for residential care in 2010 that were also on the waiting list for residential care in 2018 and therefore were included in the number of 64 on the waiting list for 2018. [17892/19]

View answer

Mick Wallace

Question:

158. Deputy Mick Wallace asked the Minister for Health further to Parliamentary Question No. 152 of 7 February 2019, the number of the 19 adults with an intellectual disability in County Wexford on the waiting list for residential care in 2010 that have since accessed residential care; and the number no longer on the waiting list for other reasons of those that have not accessed residential care. [17893/19]

View answer

Written answers

I propose to take Questions Nos. 156 to 158, inclusive, together.

The 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. 

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.

Disabilities Data

Questions (159)

Mick Wallace

Question:

159. Deputy Mick Wallace asked the Minister for Health the number of adults with intellectual disabilities in residential care in County Wexford. [17894/19]

View answer

Written answers

The 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.

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.

Disabilities Data

Questions (160)

Mick Wallace

Question:

160. Deputy Mick Wallace asked the Minister for Health the number of adults with an intellectual disability in County Wexford who will be placed in appropriate needs based residential care settings by the end of 2019 and 2020, respectively; and if he will make a statement on the matter. [17895/19]

View answer

Written answers

The 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. 

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.

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