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Wednesday, 20 May 2020

Written Answers Nos. 502-526

Direct Provision System

Questions (502)

Cian O'Callaghan

Question:

502. Deputy Cian O'Callaghan asked the Minister for Justice and Equality if safe alternative accommodation will be provided for persons living in direct provision centres; if urgent action will be taken to protect the health and well-being of the residents of the direct provision centre in Cahersiveen, County Kerry; and if he will make a statement on the matter. [6971/20]

View answer

Written answers

I want to assure the Deputy that my Department is doing everything it can to protect the health and welfare of residents and staff in our accommodation centres, as well as that of the wider community. My Department is working closely with the HSE in doing so, and while the HSE advice has evolved over time, we have been assured by both it and the Office of the Chief Medical Officer that our approach is appropriate.

 All centres are following the guidelines for our centres that have been published by the HSE’s Health Protection Surveillance Centre. These are publicly available at its website www.hpsc.ie.  That guidance exists precisely because it is recognised that congregated settings such as Direct Provision centres present specific challenges in this pandemic.

The established procedure across all our centres where a person is suspected of having the virus or is confirmed as having the virus, is that, where advised by Public Health, they are moved to a dedicated off-site self-isolation facility where they are cared for until such time as the HSE decides that they can safely return to their centre. My Department has opened four dedicated self-isolation facilities (in Dublin, Cork, Limerick and Dundalk) with capacity for 299 people. Residents in these facilities have their own bedroom and their own bathroom.

Since the start of the year, over 1,550 permanent and temporary new Direct Provision beds have been procured including the new dedicated centres in Rosslare Harbour, Caherciveen and Tullamore. We have relocated over 600 residents to support social and physical distancing in centres and cocooning measures for the most vulnerable. By doing this, we have ensured that no more than three single people are sharing a room in any centre. We intend to continue this policy after the crisis. All residents over the age of 65 and those advised to the Department as having a serious medical illness have been cocooned. 

More specifically in relation to the Skellig Accommodation Centre in Caherciveen, the Deputy will appreciate that this is a public health situation, the response to which is being led by HSE Public Health, as is appropriate. Where cases of Covid-19 arise in the community, the HSE’s Outbreak Control Team (OCT) manage the response. In addition to health professionals, this OCT for the centre also includes representatives from my Department and from centre management.

In line with the agreed policy with the HSE, anyone from the centre with a positive COVID-19 result has been transferred to an offsite self-isolation facility where they are cared for until such time as the HSE considers that they can safely return to their centre. The advice for the remaining residents in the Skellig Accommodation Centre to quarantine is public health advice, provided by public health authorities.  The HSE has confirmed that there should be no movement into or out of the centre at this time, unless directed by public health. The purpose of this HSE guidance is to protect the health of all residents, staff and the wider community. 

There are currently 69 residents (including 9 children) onsite in the centre, which has capacity for 150 residents, and 56 bedrooms. Residents are a mix of single people and small sized families. All single residents have been offered their own bedroom and all bedrooms in the centre are en suite. Some residents have declined this offer and have indicated that they wish to self-isolate with their roommate as a family unit. We continue to encourage these residents to accept the offer of their own room at this time.

Guidance has been provided by the HSE to centre management on the enhanced cleaning arrangements required at this time including through an onsite visit by a HSE infection control specialist. This applies to bedrooms, corridors, staircases, the dining room, kitchen, laundry room, lift, public toilets and reception and public areas. This is being strictly adhered to by centre management and staff.

My Department is working closely with the HSE and centre management to provide additional supports for residents during this time. There is a HSE Community Development Worker onsite at the Centre seven days a week to monitor the health of residents.  This person is supported by a wider healthcare team.  Additional outdoor space has been opened up with some seating provided and, exercise equipment has been set up in the outdoor area for residents’ use. This outdoor equipment has been installed with the knowledge and support of HSE public health, and will be operated under their direction for safe use.

The residents are currently provided with three meals and snacks daily. However, in line with the overall policy objectives for accommodation centres, the service provider plans to introduce independent living arrangements with cooking facilities for residents in the coming period. In the meantime, the chefs in the centre are working with the residents to find out about preferred meals and staff have been asked to source and provide ethnic snacks for residents. Kettles have been provided in rooms so that residents can make refreshments throughout the day rather than using communal facilities and meals are also being delivered to rooms. The centre has a good Wi-Fi service and phone credit has also been provided for residents so that they can keep in touch with family and friends.

The current restrictions are especially difficult for children. In addition to the upgrades to the outdoor space, toys, puzzles and tablets have been being provided for children and laptops have also been provided for residents’ use. The Tusla official seconded to work with my Department to see what additional supports they need and to discuss any concerns they might have.

Officials from my Department began virtual clinics with residents earlier this week and a telephone support service for residents is also being established with the Jesuit Refugee Service (JRS).

The Deputy can be assured that my Department, the HSE and centre managers will continue to work closely together during this time to protect the health and safety of all residents and staff of accommodation centres as a priority.

National LGBTI+ Strategy

Questions (503)

Cian O'Callaghan

Question:

503. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the amount of additional funding that has been made available to LGBTI+ community services for 2020 in line with action 6.2 of the National LGBTI+ Inclusion Strategy 2019–2021 (details supplied); the breakdown of the additional funding provided to each LGBTI+ community service; and if he will make a statement on the matter. [6975/20]

View answer

Written answers

On 9 October 2019, I announced that additional funding for LGBTI+ initiatives of €0.7m over the 2019 provision had been made available in Budget 2020 to support implementation of the LGBTI+ Strategy in 2020.

A Committee is being appointed to oversee the implementation of the Strategy and details of its membership will soon be announced.

In line with the commitments in the National LGBTI+ Inclusion Strategy, my Department has commenced work on a mapping of LGBTI+ community services. A scheme of grants to support the sustainability of LGBTI+ community services is also in preparation. It is hoped to be in a position to launch this scheme this autumn;  the details of the scheme will be published in advance.

National LGBTI+ Strategy

Questions (504)

Cian O'Callaghan

Question:

504. Deputy Cian O'Callaghan asked the Minister for Justice and Equality if a progress report on action 21.1 of the National LGBTI+ Inclusion Strategy 2019–2021 will be provided (details supplied); and if he will make a statement on the matter. [6976/20]

View answer

Written answers

As the Deputy may be aware, my Department is working to update Ireland’s criminal law on both hate speech and hate crime as a priority.

Currently, the Prohibition of Incitement to Hatred Act 1989 prohibits threatening, abusive or insulting conduct that is intended or likely to stir up hatred against a group of persons on account of their sexual orientation, race, colour, nationality, religion, ethnic or national origins, or membership of the travelling community.  In addition, a hate motive may be considered by sentencing judges as an aggravating factor increasing the sentence imposed, where a person has been found guilty of a crime such as assault.

A comprehensive public consultation has been carried out to assist in this process of updating the law in this area.  This has included a public survey and an opportunity for stakeholders to make formal submissions. This consultation has been carried out to ensure that the Department fully understands the lived experience of those impacted by hate speech and hate crime as well as the views of professionals and other stakeholders in the field, so that the laws developed are robust, clearly understood and effective in dealing with unacceptable incidents.

There has been strong engagement by the public with this topic. The Department has received in the region of 3,800 written responses to the consultation, including approximately 175 detailed written submissions.

In parallel, my Department has carried out comparative research on international best practice on hate crime legislation.  This research is currently being finalised and is expected to be published shortly.

My officials are analysing all of these materials, as well as other relevant legal and policy information, to ensure that any legislative proposals which are made are evidence-based, proportionate and effective, while respecting freedom of expression.

There will be a further opportunity for stakeholders to share their views when the legislative proposals on this important issue are published for discussion.

I am confident that the approach being taken - including research and providing the opportunity for experts and members of the public to contribute their expertise and experience - will help to ensure that the legislation will deliver a safer, fairer and more inclusive Ireland for everyone, including members of the LGBTI+ community, now as well as into the future.

More generally, the Deputy may wish to be aware that a Committee is being appointed to oversee the implementation of the Strategy and details of its membership will soon be announced.  In addition and in line with the commitments in the National LGBTI+ Inclusion Strategy, my Department has commenced work on a mapping of LGBTI+ community services. A scheme of grants to support the sustainability of such services is also in preparation.  It is hoped to be in a position to launch this scheme this autumn;  the details of the scheme will be published in advance.

Child Abuse

Questions (505)

Cian O'Callaghan

Question:

505. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the number of child sexual abuse referrals received by An Garda Síochána from Tusla in each of the years 2016 to 2019; the number investigated; the number deemed to be unfounded and if he will make a statement on the matter. [6983/20]

View answer

Written answers

Under Section 26 of the Garda Síochána Act 2005 the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána. In addition, the investigation of suspected crimes is an operational matter within the responsibility of the Commissioner and not for me as Minister.  

The information requested is currently being compiled and I will write to the Deputy directly when it is available.

The following deferred reply was received under Standing Order 50
At the outset, I would like to apologise for the delay in responding to you in relation to Parliamentary Questions (No. 505 of 20 May 2020) where you sought a response to the following:  
“…..the number of child sexual abuse referrals received by An Garda Síochána from Tusla in each of the years 2016 to 2019; the number investigated; the number deemed to be unfounded; the number of prosecutions made….”  
You will recall that my predecessor as Minister, Charlie Flanagan T.D., had sought the information from the Garda authorities and undertook to contact you again when the information was to hand.
 The following table, provided by the Garda authorities, shows the number of formal notifications from Tusla (Child and Family Agency) for incidents of suspected sexual abuse for the period 1st January 2016 to 31st December 2019 inclusive.

Formal   Notification from Tusla – Suspected Sexual Abuse

-

-

-

-

 

Year   Reported

 

2016

 

2017

 

2018

 

2019

 

Count   of Incidents

 

522

 

532

 

741

 

912

 
 *figures as of 15th May 2020  
I hope that this information is of assistance.

Naturalisation Applications

Questions (506)

Cian O'Callaghan

Question:

506. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the number of applications for naturalisation being processed; the number that are over 24 months in process since the application was first submitted; the way in which the statutory requirement that the applicant be of good character differs in substance from the vetting process carried out by An Garda Síochána here; and if he will make a statement on the matter. [6986/20]

View answer

Written answers

I can inform the Deputy  that the number of citizenship applications currently being processed is 17,954 of which 3,629 are 24 months or more in the process i.e. 20% approx.

Any person may apply for Irish citizenship through the naturalisation process, providing they satisfy the statutory conditions for naturalisation.  The Irish Nationality and Citizenship Act 1956 as amended provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation if satisfied the applicant satisfies the statutory conditions which are that the applicant must –

- Be of full age or be a minor born in the State;

- Be of good character;

- Have had a period of 1 year's continuous residency in the State immediately before the date of application and, during the 8 years immediately preceding that period, have had a further total residence in the State amounting to 4 years (5 years in total);

- Intend in good faith to continue to reside in the State after naturalisation; and

- Have made a declaration of fidelity to the nation and loyalty to the State and undertaken to faithfully observe the laws of the State and to respect its democratic values.

All applicants for a certificate of naturalisation aged 16 years and older are subject to a criminal records check carried out by the National Vetting Bureau of An Garda Síochána. This is an essential step in the process. 

An applicant's good character is assessed in a number of ways; including but not limited to:

- An Garda Síochána vetting;

- Home Country Police clearance; and 

- Adherence to the laws and regulations of the State, including regarding revenue matters. social welfare matters and in relation to driving offences.

It should also be noted that everyone’s case is different, for example, many applicants provide dog licences as an indication as to their adherence to the laws of the land, whereas others provide fishing licences and permits. An increasing number of applicants provide tax clearance certificates. In fact, my Department officials and the Revenue Commissioners have collaborated on making this process easier by the provision of a Citizenship e-tax clearance selection within the drop down list on the Revenue website.  Accordingly, the good character assessment cannot be captured in a prescriptive list, rather the entirety of the case will be assessed on its own merits. 

Other applicants, in addition to providing evidence of their adherence to the rules of the State, go further and provide evidence as to their active contribution to their communities. This can take many forms including letters from members of their communities relating to their involvement in their communities, e.g. volunteering on schools committees, local development committees, fund raising, volunteering in charities, faith communities, sports and social organisations, etc. These acts of active Citizenship are to be commended. However, my officials fully understand that everyone’s circumstances are different and applicants may not be in a position to be active in their communities for various reasons.

I’m sure the Deputy would agree that the rich tapestry of a person's interactions with the State and their involvement in community life is unique to the individual and is not something that lends itself to a rigidly prescriptive list.

As the Deputy may be aware, the next scheduled citizenship ceremony due to take place in the INEC in Killarney in July 2020 has unfortunately been postponed due to the current restrictions. I have instructed my officials to examine feasible mechanisms and processes whereby procedures such as citizenship ceremonies can take place while fully complying with the criteria outlined in the Government Roadmap for Reopening Society and Business.

Furthermore, the Deputy may be aware of a challenge taken in the High Court last year by an applicant who was refused a certificate of naturalisation due to his absences from the State during the last year continuous prior to the date of his application. The outcome of this ruling – which was subsequently successfully appealed to the Court of Appeal – resulted in significant delays to the processing of naturalisation applications last year.

The restrictions attendant to the current COVID-19 pandemic have regrettably resulted in significant challenges to the delivery of normal services. As a result of these restrictions, the   Citizenship Division of Immigration Service Delivery, along with many other public and private sector organisations is experiencing significant disruption in delivering its core functions. Working within these restrictions, public safety and the wellbeing of staff are of course both urgent priorities.

I can assure the Deputy that the matter is receiving ongoing attention and as soon as a practical plan is in place for the re-commencement of normal service delivery, notifications will be placed on our website (www.inis.gov.ie).  

Direct Provision System

Questions (507)

Cian O'Callaghan

Question:

507. Deputy Cian O'Callaghan asked the Minister for Justice and Equality when State owned direct provision centres will be converted to independent living centres; and if he will make a statement on the matter. [6994/20]

View answer

Written answers

I can inform the Deputy that the Office of Public Works (OPW) is responsible for all maintenance and improvement works in the seven State-owned accommodation centres for persons seeking International Protection. Independent living has been introduced in one of these centres, in Athlone, which has a capacity of 300 persons.

My Department has been in discussions with the OPW regarding the required works to introduce independent living in the remaining six centres and design works has commenced. My Department in partnership with the OPW will seek to progress these works at the earliest opportunity.

As the Deputy will appreciate, in light of the current situation and the Government restrictions on indoor construction work, it is not currently possible to provide a timetable for these works.

Departmental Contracts

Questions (508)

Cian O'Callaghan

Question:

508. Deputy Cian O'Callaghan asked the Minister for Justice and Equality the amount spent on external consultants by his Department in 2019; the average hourly rate; if caps or limits on such spending are in place; the way in which conflicts of interest are managed; and if he will make a statement on the matter. [7285/20]

View answer

Written answers

I wish to advise the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.

Covid-19 Pandemic

Questions (509)

Niall Collins

Question:

509. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation when a dog grooming business from home can resume (details supplied); and if she will make a statement on the matter. [5565/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th. This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.  

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.  

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html  

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie.

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to flex the plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Covid-19 Pandemic

Questions (510)

Michael Fitzmaurice

Question:

510. Deputy Michael Fitzmaurice asked the Minister for Business, Enterprise and Innovation if consideration will be given to allow cinemas to reopen on 3 July 2020 as part of phase 3 (details supplied). [5652/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th. This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.   

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html   

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country.  I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amend its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Covid-19 Pandemic

Questions (511)

Jennifer Whitmore

Question:

511. Deputy Jennifer Whitmore asked the Minister for Business, Enterprise and Innovation the phase in the Roadmap for Reopening Society and Business in which dog grooming businesses would be allowed to reopen. [5790/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th . This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.  

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.  

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html 

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .

 In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to flex the plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Covid-19 Pandemic

Questions (512)

Frankie Feighan

Question:

512. Deputy Frankie Feighan asked the Minister for Business, Enterprise and Innovation if she will examine proposals (details supplied); and if consideration will be given to allowing cinemas reopen sooner under the proposals. [5809/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th. This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.

I have not had direct discussions with cinemas. However, I have regular engagement with the various business representative groups through my Department’s Enterprise Forum on Covid-19 and the Retail Consultation Forum both of which I Chair. I will continue to maintain that dialogue with stakeholders so that we can work towards getting people back to work safely.

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.   

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html   

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country. I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amend its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Covid-19 Pandemic

Questions (513)

Jim O'Callaghan

Question:

513. Deputy Jim O'Callaghan asked the Minister for Business, Enterprise and Innovation if consideration will be given to expediting the opening dates for hairdressers that can implement a safety protocol to protect their customers and staff from the spread of Covid-19 [5818/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th . This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.  

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.  

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html  

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .  

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to flex the plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Covid-19 Pandemic

Questions (514)

Anne Rabbitte

Question:

514. Deputy Anne Rabbitte asked the Minister for Business, Enterprise and Innovation her plans to ensure couples do not lose deposits if a wedding is cancelled due to restrictions; if hotels must refund couples amounts paid or expected if weddings are cancelled as a result of restrictions; and if she will make a statement on the matter. [5823/20]

View answer

Written answers

The restrictions introduced to limit the spread of Covid-19 have led to the cancellation or deferral of many events and services, including wedding receptions. In many cases where it is not possible to proceed with a wedding reception due to these restrictions, the couple and the hotel will be able to agree on an alternative date and the question of a refund will not arise. 

Where a couple have placed a deposit with a hotel or other wedding venue, they have entered into a contract with the hotel or venue concerned. Whether a couple are entitled to a refund of their deposit where it is not possible to reschedule the wedding will depend in the first instance on the terms and conditions of their contract.  Couples who find themselves in this situation should first check the terms and conditions of their contract with the hotel or venue, and in particular the terms relating to cancellations and the refund of deposits and other pre-payments. If a term of the contract provides for the refund of deposits in the event of a cancellation, the business may not subsequently change that term without the consumer’s agreement.  While I fully appreciate that hotels are facing severe financial pressures at present, they should deal fairly with consumers who find it necessary to cancel contracts for weddings or other functions and are seeking a refund of their deposits. 

The terms of standard form contracts of the kind that typically govern weddings and other functions are subject to assessment for unfairness under the Regulations on unfair terms in consumer contracts.  The aim of the Regulations is to protect consumers against the abuse of power by sellers and suppliers, in particular by means of one-sided contract terms. The Regulations provide for example that among the terms that may be regarded as unfair are terms that permit sellers or suppliers to retain sums paid by the consumer where the latter decides not to perform the contract without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract.  The Competition and Consumer Protection Commission (CCPC) is responsible for the enforcement of the provisions of the Regulations on the control of unfair terms in standard form consumer contracts.  Information on matters relating to consumer contracts, including on cancellations and refunds for wedding and other contracts, can be accessed on the CCPC website at https://www.ccpc.ie/consumers/covid-19/consumer-contracts/ .

The enormous disruption to commercial activity caused by Covid-19 has thrown up many difficult situations for consumers and businesses. If current consumer law proves not to have provided adequate protection for consumers in these situations, I will consider and, where justified, bring forward proposals to strengthen that law where I can do so without contravening EU consumer protection legislation. Later this year I will publish the Scheme of a comprehensive, consolidated Consumer Rights Bill that will set out rights and remedies for consumer contracts for goods, services, digital content and will include proposals to strengthen the existing provisions on unfair terms in consumer contracts. This Bill will provide an opportunity to address any gaps in consumer protection revealed by the application by businesses of the terms of consumer contracts in cases arising from Covid-19.

Covid-19 Pandemic Supports

Questions (515, 527)

Aindrias Moynihan

Question:

515. Deputy Aindrias Moynihan asked the Minister for Business, Enterprise and Innovation the measures in place for employees in receipt of the wage subsidy scheme in which an employer is not topping up pay and employees are being instructed to work full-time for a reduced take home pay which results in a payment below the minimum wage; and if she will make a statement on the matter. [5869/20]

View answer

Aindrias Moynihan

Question:

527. Deputy Aindrias Moynihan asked the Minister for Business, Enterprise and Innovation the measures in place for employees in receipt of the wage subsidy scheme in cases in which the employer is not topping up their pay and they are being instructed to work full-time for reduced take home pay which could result in them receiving payment below the minimum wage; and if she will make a statement on the matter. [6659/20]

View answer

Written answers

I propose to take Questions Nos. 515 and 527 together.

The National Minimum Wage Act 2000 is a policy matter for the Department of Employment Affairs and Social Protection. The Workplace Relations Commission (WRC), an independent statutory office under the aegis of my Department, is responsible for the enforcement of, inter alia, compliance with minimum rates of remuneration in workplaces.

Except for the employment of close relatives and registered industrial apprentices, the National Minimum Wage Act applies to all individuals engaged under a contract of employment.  Failure to pay the national minimum hourly rate of pay is a criminal offence, punishable upon summary conviction, by a fine not exceeding €2,500 or imprisonment not exceeding 6 months or both.

An individual who considers that they are not being paid in accordance with the National Minimum Wage Act 2000 may refer the matter to a WRC inspector for investigation. Inspectors are authorised to inspect records and to ensure compliance by employers with the provisions of the National Minimum Wage Act 2000.

Separately, an employee not in receipt of the national minimum hourly rate of pay may also refer a complaint for investigation to a WRC Adjudication Officer.  The complaint form for referral of a complaint is available on the WRC website www.workplacerelations.ie .

Further information for both employers and employees is available from the WRC Information and Customer Services telephone service (Tel 1890 80 80 90) open 9.30 am to 05.00 pm - Monday to Friday.

Covid-19 Pandemic

Questions (516)

Matt Carthy

Question:

516. Deputy Matt Carthy asked the Minister for Business, Enterprise and Innovation if she will meet with representatives of cinema operators to ensure that reopening of cinemas occurs at the right time and with the right procedures. [6044/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th . This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.

I have not met with the representatives of cinema operators. However, I have regular engagement with the various business representative groups through my Department’s Enterprise Forum on Covid-19 and the Retail Consultation Forum both of which I Chair. I will continue to maintain that dialogue with stakeholders so that we can work towards getting people back to work safely.

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate. 

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html  

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amend its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Future Growth Loan Scheme

Questions (517)

Louise O'Reilly

Question:

517. Deputy Louise O'Reilly asked the Minister for Business, Enterprise and Innovation her plans to roll out additional funds for the SBCI future growth loan scheme in view of the fact it is maxed out through the pillar banks; and if she will make a statement on the matter. [6055/20]

View answer

Written answers

The Future Growth Loan Scheme currently makes up to €300 million of loans available with a term of 8-10 years and is operated by the Strategic Banking Corporation of Ireland (SBCI) though participating lenders. We have seen strong demand for the scheme since its launch in April 2019, resulting in a rapid take up of the scheme. Funding made available by the scheme facilitates long-term, strategic investment.

The scheme is open to eligible SMEs and small mid-caps (businesses of up to 499 employees), including those in the primary agriculture and seafood sectors. Loans under the scheme range from €100,000 (€50,000 for farmers) to €3m per eligible business, with loans of up to €500,000 available unsecured. The initial maximum interest rate is capped at 4.5% for loans up to €249,999 and 3.5% for loans more than or equal to €250,000 for the first six months.

As at 11 May 2020, the scheme has received 3,502 eligibility applications, with 3,327 approved, 160 currently in process and 16 deemed ineligible. The initial €300m funding for the Future Growth Loan Scheme has been almost fully subscribed, supporting a significant level of strategic investment by businesses. One of the participating finance providers lenders has remaining lending capacity and businesses seeking loan approval under the scheme are being directed towards this lender.

On 8 April 2020, I announced that the Future Growth Loan Scheme would be significantly expanded by a further €200m to facilitate longer-term lending to Covid-19-impacted businesses.

Officials of my Department are engaging with the Department of Agriculture, Food and the Marine, the Department of Finance and the SBCI, as well as the European Investment Fund, to bring this funding to market as soon as possible, as I am conscious that Covid-19 has been a significant disruption for many businesses.

Future Growth Loan Scheme

Questions (518)

Louise O'Reilly

Question:

518. Deputy Louise O'Reilly asked the Minister for Business, Enterprise and Innovation if legislation is needed in order for the pillar banks to issue loans under the SBCI future growth loan scheme. [6056/20]

View answer

Written answers

The Future Growth Loan Scheme (FGLS) was launched in April of 2019 and makes available a fund of up to €300m to eligible Irish businesses to fund strategic, long-term investment. The scheme was developed by my Department in cooperation with the Department of Agriculture, Food and the Marine. It leverages a guarantee from the European Investment Fund (EIF) and is operated by the Strategic Banking Corporation of Ireland (SBCI) through participating finance providers.

The scheme has been well received, and as at 8 May there have been 3,502 applications for eligibility under the scheme, of which 3,327 have been approved. The strong uptake of the scheme has meant that the initial funding of €300m has now been almost fully subscribed. To date, 1,045 applicants have progressed to sanction under the scheme.

On 8 April, I announced a €200 million expansion to the scheme.

The FGLS is underpinned by a 64% counter-guarantee from the European Investment Fund. This counter-guarantee provides significant risk protection to the Exchequer against potential losses from the loan guarantee scheme.  The FGLS was established using the European Investment Fund Agreement Act 2018. This Act allows for the Minister for Business, Enterprise and Innovation and the Minister for Agriculture, Food and the Marine to enter into agreements with the European Investment Fund (EIF) to facilitate access to finance for qualifying enterprises.

There is a limit of €75 million set out in the Act on the total value of agreements (for First Loss payments) that the relevant Ministers can enter into with the EIF. Capacity currently remains within the aggregate limit set out in the Act to allow for an agreement with the EIF in relation to the planned €200m expansion of the FGLS. Officials of my Department, the Department of Agriculture, Food and the Marine, the Department of Finance, and the SBCI are working to ensure this is available as soon as possible. 

However, the European Investment Bank (EIB) Group recently announced, as part of the European Union response to COVID-19, that it would be providing €25 billion in guarantees to underpin €200 billion in funding for member States to mitigate against COVID-19. For Ireland to be able to enter into additional agreements with the EIF, so as to leverage these EIB guarantees, will require an amendment to the aggregate limit set out in the European Investment Fund Agreement Act 2018.

So, while there is no legislation required to allow the pillar banks to issue loans under the Future Growth Loan Scheme, legislation changes would be required for further expansions of the FGLS beyond that which I have already announced.

Officials of my Department have been working urgently alongside the Office of Parliamentary Counsel on the drafting of legislation to amend the aggregate limit for agreements within the European Investment Fund Agreement Act 2018. The intention is that it will be progressed through the Oireachtas as a matter of urgency once a new Government is formed.

Future Growth Loan Scheme

Questions (519)

Louise O'Reilly

Question:

519. Deputy Louise O'Reilly asked the Minister for Business, Enterprise and Innovation if she, in partnership with the European Union European Fund for Strategic Investments and the SBCI, will further guarantee bank loans to SMEs under the future growth loan scheme; if this requires legislation to provide additional guarantees; and if so, the estimated timeline for same. [6057/20]

View answer

Written answers

The Future Growth Loan Scheme currently makes up to €300 million of loans available with a term of 8-10 years and is operated by the Strategic Banking Corporation of Ireland (SBCI) though participating lenders. Funding made available by the scheme facilitates long-term, strategic investment.

As at 8 May 2020, the scheme has received 3,502 eligibility applications, with 3,327 approved, 160 currently in process and 16 deemed ineligible. The scheme has seen significant uptake and the initial €300m funding has been almost fully subscribed, supporting a significant level of strategic investment by businesses. On 2 May, I announced an expansion to the Future Growth Loan Scheme of €200m. Officials of my Department, the Department of Agriculture, Food and the Marine, the Department of Finance, and the SBCI are working to ensure this is available as soon as possible. 

The scheme is underpinned by a 64% counter-guarantee from the European Investment Fund. This counter-guarantee provides significant risk protection to the Exchequer against potential losses from the loan guarantee scheme.  The FGLS was established using the European Investment Fund Agreement Act 2018. This Act allows for the Minister for Business, Enterprise and Innovation and the Minister for Agriculture, Food and the Marine to enter into agreements with the European Investment Fund (EIF) to facilitate access to finance for qualifying enterprises.

There is a limit of €75 million set out in the Act on the total value of agreements (for First Loss payments) that the relevant Ministers can enter into with the EIF. Capacity currently remains within the aggregate limit set out in the Act to allow for an agreement with the EIF in relation to the planned €200m expansion of the FGLS.

However, the European Investment Bank (EIB) Group recently announced, as part of the European Union response to COVID-19, that it would be providing €25 billion in guarantees to underpin €200 billion in funding for member States to mitigate the impact of COVID-19. For Ireland to be able to enter into additional agreements with the EIF, so as to leverage these EIB guarantees, will require an amendment to the aggregate limit set out in the European Investment Fund Agreement Act 2018.

Officials of my Department have been working urgently alongside the Office of Parliamentary Counsel on the drafting of legislation to amend the aggregate limit for agreements within the European Investment Fund Agreement Act 2018. The intention is that it will be progressed through the Oireachtas as a matter of urgency once a new Government is formed.

Workplace Safety

Questions (520, 584, 585, 586)

Barry Cowen

Question:

520. Deputy Barry Cowen asked the Minister for Business, Enterprise and Innovation the guidance published to date in relation to workplace health and safety standards specifically in relation to Covid-19; if the guidance will be updated prior to 18 May 2020 when many businesses are set to reopen; if the guidance is legally enforceable; if not, if it takes the form of recommendations; the protections being proposed for workers that may be forced to work in an inappropriate manner; and if she will make a statement on the matter. [6089/20]

View answer

Barry Cowen

Question:

584. Deputy Barry Cowen asked the Minister for Business, Enterprise and Innovation the guidance published to date from the Health and Safety Authority or the National Standards Authority of Ireland in relation to workplace health and safety standards specifically in relation to Covid-19; if the guidance will be updated prior to 18 May 2020 when many businesses are set to reopen; if the guidance is legally enforceable; if not, if it will take the form of recommendations; the protections being proposed for workers that may be forced to work in an inappropriate manner; and if she will make a statement on the matter. [6090/20]

View answer

Barry Cowen

Question:

585. Deputy Barry Cowen asked the Minister for Business, Enterprise and Innovation if the Health and Safety Authority or the National Standards Authority of Ireland will be conducting reviews, inspections or certifications for businesses reopening once certain Covid-19 restrictions will be lifted; the legal protections there will be for both employees and customers if recommendations from the HSA and the NSAI are not adhered to; and if she will make a statement on the matter. [6091/20]

View answer

Barry Cowen

Question:

586. Deputy Barry Cowen asked the Minister for Business, Enterprise and Innovation if primary legislation will be required to place Covid-19 guidance from the HSA and the NSAI on a legal footing; if the recommendations as published are legally enforceable for employers that fail to comply with same; and if she will make a statement on the matter. [6092/20]

View answer

Written answers

I propose to take Questions Nos. 520 and 584 to 586, inclusive, together.

As the Deputy will be aware, I launched the national “Return to Work Safely Protocol” Saturday, 9 May 2020. The Protocol was drafted in close consultation with the social partners under the auspices of the Labour and Employer Economic Forum and agreed with them.

The Protocol sets out a clear compliance framework designed for all places of work which will ensure that businesses can reopen safely and that workers can feel safe returning to work. The Protocol is a living document which will evolve with changing  with Public Health advice.

Under the Health, Safety and Welfare at Work Act, 2005, the HSA has full powers to oversee compliance with the health, safety and wellbeing of workers in their place of work.  While COVID-19 is a public health issue, the infectious nature of the virus and the way in which it is easily transmitted through human contact, makes it a workplace health and safety issue as well as a general health matter.  Neither health, safety nor welfare are narrowly defined in the 2005 Act, so the HSA has all of the powers that it needs.

Section 27 of the Safety, Health and Welfare at Work Act, 2005 prohibits an employer from penalising or threatening to penalise an employee with respect to any terms or condition of his/her employment, where the employee is exercising any right under safety and health legislation. The enforcement of the Section 27 of the Health and Safety Act is a matter for the Workplace Relations Commission.

In relation to the National Standards Authority of Ireland (NSAI) this body does not have legal enforcement powers in relation to occupational safety and health. However, the NSAI has developed very useful guidance for businesses in the context of operating safely taking account of the range of COVID-19 public health measures. The NSAI has published three guidance documents;

- COVID-19 Workplace Protection and Improvement Guide

- COVID-19 Retail Protection and Improvement Guide

- Guidance on Manufacturing and Importing PPE and Medical Devices

Further sectoral guidance will be considered as the Roadmap progresses. Separately, the Health and Safety Authority is currently preparing to publish a range of follow-on supports for businesses/employers as well as workers/worker representatives. These include:

- Checklist for Employers with details on control measures, induction etc.

- Checklist for workers

- Checklist for Worker Representative

- Templates for Return to Work Form/Covid Response Plan

Phase 1 of the reopening of the economy began on Monday last and, the HSA and other inspectors are out there advising and guiding employers on how to respect the Protocol.  Helping businesses to comply is the overall goal of the HSA.  However if, following an inspection, the inspector forms the opinion that further action is required, the appropriate action, up to and including the closure of a workplace, will be taken using the relevant powers. Where relevant, the public health authorities will be involved

Tattooing and Body Piercing Regulation

Questions (521)

Mark Ward

Question:

521. Deputy Mark Ward asked the Minister for Business, Enterprise and Innovation if she has had contact with the tattoo industry in relation to when it can reopen under Covid-19 restrictions; and if she will make a statement on the matter. [6111/20]

View answer

Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th . This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.

I have not met with the tattoo industry. However, I have regular engagement with the various business representative groups through my Department’s Enterprise Forum on Covid-19 and the Retail Consultation Forum both of which I Chair. I will continue to maintain that dialogue with stakeholders so that we can work towards getting people back to work safely.

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.  

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html  

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .  

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amend its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Health and Safety Inspections

Questions (522)

Brian Stanley

Question:

522. Deputy Brian Stanley asked the Minister for Business, Enterprise and Innovation if the HSA will carry out inspections of all meat plants here. [6188/20]

View answer

Written answers

The inspection of workplaces and any actions arising from inspections are, in the first instance, an operational matter for the Health and Safety Authority. In deciding to carry out a workplace inspection, the Health and Safety Authority consider a number of factors, including receipt of complaints in relation to practices at a place of work.

I understand that a Health Service Executive led National Outbreak Control Team for COVID-19 outbreaks in meat processing plants is in place and it reports to the Health Protection Surveillance Centre. This national outbreak control team has input from professionals in public health, environmental health, occupational health, health & safety and animal health. To date the Health and Safety Authority has participated in two National OCT meetings. The Health and Safety Authority, based on their engagements, with the National OCT are preparing to prioritise and inspect some meat factories based on the information made available by the Public Health experts regarding COVID-19 outbreaks in meat factories.

In general the Health and Safety Authority carries out a mix of unannounced inspections, along with providing advice and information through the HSA Workplace Contact Unit email and phoneline. Any concerns about potential breaches of occupational safety and health legislation at a specific place of work and/or in regard to adherence with the provisions of the national Return to Work Safely Protocol should be brought to the attention of the Health and Safety Authority by contacting its Workplace Contact Unit at wcu@hsa.ie and Tel: 1890 289 389.

Insurance Industry

Questions (523)

Sean Fleming

Question:

523. Deputy Sean Fleming asked the Minister for Business, Enterprise and Innovation if she will address a matter regarding support for credit insurance companies (details supplied); and if she will make a statement on the matter. [6448/20]

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Written answers

I am aware of the impact that the COVID-19 pandemic has had on all businesses and this includes the private trade credit insurance market.

As a result of the significant economic shock, there is increased uncertainty regarding the financial performance of many companies in our economy.  I understand that the trade credit insurance companies have had to adjust their coverage in response to this adverse economic environment.

In response the Government has already introduced a range of measures and supports to the economy in order to sustain and over time facilitate a return to a more normal trading environment.  This in turn should permit the trade credit market to reconsider the risk environment and adjust their coverage as appropriate.     

My Department continues to consider further options for appropriate and effective assistance to businesses and this includes the possibility of supports to ensure the continued provision of credit insurance and the appropriate mechanism to do so.

My officials are engaging with the private trade credit insurance providers to determine whether specific support can be provided to this market and how this could complement other general supports provided by the Government. 

This support will be considered as part of the range of measures provided to businesses.

This is an ongoing process.

Podiatry Services

Questions (524)

Joe Flaherty

Question:

524. Deputy Joe Flaherty asked the Minister for Business, Enterprise and Innovation when podiatry and chiropody services will be fully resumed [6475/20]

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Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th . This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.  

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.  

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html  

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .  

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to flex the plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

Covid-19 Pandemic Supports

Questions (525)

Michael McGrath

Question:

525. Deputy Michael McGrath asked the Minister for Business, Enterprise and Innovation if businesses in arrears for local authority rates for 2019 will be able to avail of the grant by way of the rebate of rates; the way in which the grant will work; the person or body that will administer the grant; the qualifying conditions for same; and if she will make a statement on the matter. [6618/20]

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Written answers

On Friday, May 15th 2020 the Government agreed details of the new €250m Restart Grant, which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures.

The Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers.

The grants will be equivalent to the rates bill of the business in 2019, or a minimum payment of €2,000, whichever is the higher, and a maximum payment of €10,000. Those businesses with outstanding rates bills are also eligible to make an application if they meet the criteria.

Applications for the Restart Grant can be made online to local authorities from Friday 22nd May. Processing of applications and payment of the Restart Grant will depend on the initial surge of applications but, as far as is feasible, will be prioritised according to scheduled re-opening dates in the national Roadmap.

To avail of the Restart Grant, a business must be in the Local Authorities Commercial Rates Payment System and:  

have an annual turnover of less than €5m and employ between 1 to 50 people;

have closed and/or suffered a projected 25%+ loss in turnover to end June 2020;  

commit to remain open or to reopen if it was closed;

declare the intention to retaining employees that are on The Temporary Wage Subsidy Scheme (TWSS) and to reemploy staff on the Pandemic Unemployment Payment where applicable.

The grant can be used to defray ongoing fixed costs, for replenishing stock and for measures needed to ensure employee and customer safety.

This direct grant support is part of the wider €12bn package of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities, all of which will help to improve cashflow amongst SMEs.

Covid-19 Pandemic

Questions (526)

Róisín Shortall

Question:

526. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation the reason cinemas are scheduled to reopen in phase 5 which is later than cafés, restaurants, museums and galleries; if she has had direct discussions with cinemas in relation to the reopening date of same; the measures they can implement to ensure safe social distancing; and if she will make a statement on the matter. [6632/20]

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Written answers

The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.

On 15th May the Government announced that we would move to Phase 1 of the Roadmap from Monday May 18th . This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can re-open under Phase 1 are available on the Government’s website gov.ie.

I have not had direct discussions with cinemas. However, I have regular engagement with the various business representative groups through my Department’s Enterprise Forum on Covid-19 and the Retail Consultation Forum both of which I Chair. I will continue to maintain that dialogue with stakeholders so that we can work towards getting people back to work safely.

Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures.  Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures.  It is not necessary for businesses to seek official authorisation to reopen.

The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.  

The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html  

The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace.  If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .

In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/ .

On 8th May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant will be available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30th June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.

I recognise the impact that this pandemic is having on businesses right across the country, I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to change its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

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