Written Answers Nos. 917-936
917. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection if she has considered strengthening Covid-19 emergency legislation in order that an employer will not be allowed to make an employee redundant during the emergency (details supplied). [7626/20]
View answerFirstly, I would like to say that my thoughts are with all workers who are dealing with job losses or facing the prospect of redundancies at this difficult time. I want to assure everybody that my Department is assisting affected workers through its Intreo service to help them in whatever way we can in terms of income supports and job-seeking over the coming weeks and months and will continue to do so.
An all-of-Government approach has been taken to financially support workers and businesses alike during the emergency period. In addition to the existing range of social welfare support schemes, the Government has put in place the ‘National COVID-19 Income Support Scheme’.
This includes-
- the temporary wage subsidy scheme to help affected companies keep paying their employees, maintain the employment relationship and keep businesses viable in order to prevent redundancies;
- the emergency Pandemic Unemployment Payment for both employed and self-employed workers who have suffered a collapse in income.
The emergency legislation which was enacted recently effectively suspends the provisions of Section 12 of the Redundancy Payments Act 1967 (as amended) which relate to the rights of an employee to claim a redundancy entitlement from their employer after temporary periods of lay-off and short-time work during the Covid-19 emergency period. This was done to mitigate against the increased risk of insolvencies in the event of mass redundancies over a short period of time, which would only exacerbate the risk of further permanent job losses and redundancies.
In implementing all of the above the Government has already put in place significant measures which are helping to prevent redundancies.
The proposal to withdraw an employer’s right to make workers redundant could have far reaching and significant unintended consequences, including interfering with individual contracts of employment. Furthermore it cannot be said that all employees will want the redundancy provision removed as is suggested. Employees may have significant service with an employer, and as significant stakeholders in a business be aware that the business is struggling and redundancy may be the better option for some of them. Restricting their right to access a redundancy payment and seek new work opportunities or reskilling opportunities is a very real issue for them.
The proposal could also create a risk to an employee's right to a redundancy payment. The State does not have the power to stop a business closing or to prevent liquidations once the provisions of company law are complied with. Unfortunately the closure of the business will happen in some circumstances and this is a very real concern fir many business right now, including many small businesses endeavouring to stay in business. If the right of the employer to make an employee redundant is taken away this could jeopardise an employee’s right to compensation by way of a redundancy payment while the liquidation of that company is underway.
It is also important to bear in mind why redundancy provisions are used. If a business is in trading and in financial difficulties very often one of the mechanisms used to save that business (which in turn saves some jobs) is redundancy. An employer may downsize their business and reduce their workforce by way of redundancies in order to continue to be viable. If the right of the employer to make employees redundant is removed it could result in more permanent job losses.
Employers have to make decisions on the ongoing viability of their firms in real time and having regard to real circumstances – particularly in circumstances where revenues have collapsed for many firms. Directors of firms have, under company law provisions, very serious and personal responsibilities to ensure that they can continue to trade and not trade whilst insolvent.
Finally and this is important for employees who may be in a position to negotiate a redundancy package with the many genuine employers in our economy - if a company is restricted from making employees redundant and has to retain them on payroll, the assets of that company will dissipate and mean that any negotiated redundancy package has less chance of success.
918. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if Covid-19 payments will be extended to specific industries in relation to the timeframe in which they are permitted to return to work, that is, the live events industry which was the first to close down and will be the last to reopen; if it will be ensured that if the Covid-19 payments become industry specific that the event industry is given recognition for being one of the last industries to return to work in view of the fact it is vital to ensure skill retention in the industry; and if she will make a statement on the matter. [7652/20]
View answer935. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection if she will extend the pandemic unemployment payment; and if so, the length of time the payment will be extended for and the rates for same. [7333/20]
View answer942. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the date the pandemic unemployment payment is due to cease in June 2020; her plans to extend the payment; and if she will make a statement on the matter. [7382/20]
View answer949. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection her plans to modify the short-term work support scheme during the reopening phase; her further plans to increase the rate of the scheme in line with the pandemic unemployment payment of €350; her plans to tailor the scheme in line with the need of specific sectors; and if she will make a statement on the matter. [7482/20]
View answer971. Deputy Chris Andrews asked the Minister for Employment Affairs and Social Protection her plans to extend the pandemic unemployment payment until August 2020 for persons that are not due to return to work until phase 5 of the Roadmap for Reopening Society and Business. [7759/20]
View answerI propose to take Questions Nos. 918, 935, 942, 949 and 971 together.
The COVID-19 unemployment payment was introduced as a time limited emergency measure to meet the surge in unemployment which resulted from the effects of the Coronavirus pandemic and the final payment is due to be made on 9th June 2020.
As we gradually move through the phases of reopening our society, we need to now review the nature of the Pandemic Unemployment Payment and how it fits into cross-Government plans to keep Ireland healthy and get the country working again. Any future decisions will be based on our commitment that everyone who needs help will get the most appropriate assistance and also based on the evidence we receive from the reopening of the economy. Arrangements for supports beyond that date will be considered by Government as part of its broad based approach to management of the emergency across all sectors of the economy and society.
I trust this clarifies the position at this time.
922. Deputy Mark Ward asked the Minister for Employment Affairs and Social Protection if there will be legal implications arising from fathers not being able to be added to the birth certificate of their children online in view of the fact they cannot register a birth personally due to Covid-19 restrictions; her plans to allow fathers to register online; and if she will make a statement on the matter. [7955/20]
View answerMy Department introduced new measures in the Emergency Measures in the Public Interest (Covid-19) Act 2020 to ensure that births could continue to be registered during the Covid-19 Pandemic. These measures removed the necessity for a qualified informant (QI) to sign the register of births and to attend before a registrar in order for a birth to be registered.
The QI can use an application form available on the HSE.ie and GOV.ie websites to provide the registration service with the particulars of the birth as required under the Civil Registration Act 2004, as amended. On receipt of these particulars, the birth is entered in the register of births and a birth certificate can subsequently be provided to the parents. The particulars of both parents can be registered via this process.
I hope this clarifies the matter for the Deputy.
923. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if her Department examined proposals aimed at giving a better protection to employees affected by insolvency situations as recommended by a report (details supplied). [8080/20]
View answerThe Duffy Cahill report, which was commissioned by the Government in the aftermath of the Clery’s closure, highlighted how the issues raised by that event and the subsequent legal cases are highly complex.
The Duffy Cahill report was sent to the Company Law Review Group (CLRG) in 2016 for its consideration as part of the work of that group in advising the Minister for Business Enterprise and Innovation on any changes that it considered necessary with respect to the protection of employees and unsecured creditors. (The CLRG is a statutory body comprising members drawn from regulatory, legal, business and employee interests).
The CLRG as part of its deliberations also considered related amendments proposed by Deputy Nash (then Senator Nash) to the Companies (Accounting) Bill in April/May 2017.
The CLRG's report on the Protection of Employees and Unsecured Creditors was presented to the Minister for Business Enterprise and Innovation in June 2017 and published on the website of the CLRG. It did not include the implementation of the Duffy/Cahill report or the Senator Nash proposals in its recommendations.
It is clear that the implementation of the recommendations in the Duffy Cahill report give rise to a host of complex issues and that any proposal to progress them would require further careful consideration involving consultation with many stakeholders.
This may be a matter that the incoming Government will seek to progress.
I trust this clarifies the matter for the Deputy.
925. Deputy Seán Crowe asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to challenges being experienced by couples attending the public registry offices for marriages due to social distancing and other restrictions during the Covid-19 crisis; and if other new proposals are being considered to facilitate these unions. [8253/20]
View answerI am advised that no civil marriage ceremonies are being conducted due to the nationwide closure of civil registration offices and that this is adversely affecting couples seeking to marry. The only exceptions to this are cases involving marriages where one of the parties is at threat of death. Such marriages can be conducted with the prior approval of a superintendent registrar, on a case by case basis.
Couples wishing to marry at a future date, when restrictions have eased, can still submit their notification of intention to marry by postal service and do not need to attend at a local civil registration office in person.
The Health Service Executive (HSE) has responsibility for the conduct of civil marriages and for the marriage notification process. I understand that couples have been contacted and advised of the arrangements that are in place where a marriage was planned over the course of the coming weeks.
As restrictions ease, in line with the Roadmap for Re-opening Society and Business, couples will be advised of the steps to take in arranging a new date for their marriage and for the completion of the legal preliminaries.
The General Register Office, which operates under the aegis of my Department, is liaising with counterparts in the HSE with a view to putting in place local arrangements for the resumption of registration services, in line with the public health guidance.
I trust that this clarifies the matter for the Deputy.
926. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection the provisions in place or which will be put into place to continue the pandemic unemployment payment for those workers currently in receipt of same but that will not be able to return to work if their employer reopens prior to the availability of childcare due to crèches and schools remaining closed. [7061/20]
View answer943. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the changes she plans to make to the Covid-19 payment; if she is considering changes for those returning to work following maternity leave; if she is considering changes for those that have underlying health conditions in which their workplace is open; and if she will make a statement on the matter. [7396/20]
View answer966. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection if a person that is immunosuppressed and is unable to work in view of the fact they are more susceptible to contracting Covid-19 is entitled to apply for the pandemic unemployment payment; and if she will make a statement on the matter. [7704/20]
View answer984. Deputy Claire Kerrane asked the Minister for Employment Affairs and Social Protection the options available to employees that are expected to return to work in cases in which the work cannot be done from home and they cannot access childcare due the fact crèches are closed; and if she will make a statement on the matter. [7898/20]
View answerI propose to take Questions Nos. 926, 943, 966 and 984 together.
The COVID-19 Pandemic Unemployment Payment was introduced in March 2020 as a time limited emergency measure to meet the surge in unemployment in Ireland which resulted from the effects of the Coronavirus Pandemic. If a person has lost their employment and the employer is no longer paying the persons’s wages, they may qualify for the COVID-19 Pandemic UnemploymentPayment.
The Roadmap for Reopening Society and Business, published by the Government on 1 May 2020 sets out a timetable for the phased reopening of society and the economy and envisages a series of steps which will lead to the resumption of various sectors of the economy. As this situation continues to evolve, decisions regarding the COVID 19 Pandemic Unemployment Payment, including eligibility, will be taken having regard to a range of factors including how the public health situation evolves which is being carefully monitored.
The Government has asked employers to be flexible in so far as possible to allow staff time off to look after their children or other members of the family which could include offering compassionate leave, working from home, altering shifts so that someone is available to be at home when a parent is working, rearranging holidays or allowing paid time off which can be worked back at a later time.
Where parents have to continue to work and they are unable to make appropriate compassionate leave arrangements, employees may access some statutory entitlements which include paid Force Majeure Leave, Parents Leave together with Parents Benefit, for each parent where a baby was born after 1st November 2019 or unpaid Parental Leave.
If a person is immune suppressed and is unable to work in view of the fact that they are more susceptible to contracting the COVID-19 virus they may apply for illness benefit which is paid at a maximum weekly personal rate of €203 and increases may also be paid for qualifying adults and children. To apply for this support a person should submit completed illness benefit claim form online or by post together with a medical certificate from their General Practitioner.
Where a person, in any of the circumstances outlined by the Deputies, is experiencing financial hardship they can apply for financial support under the supplementary welfare allowance scheme.
I trust that this clarifies the matter.
928. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection when sections 19, 24, 25 and 26 of the Social Welfare, Pensions and Civil Registration Act 2018 will come into effect; and if she will make a statement on the matter. [7129/20]
View answerThe reports referred to in sections 24, 25 and 26 of the Social Welfare, Pension and Civil Registration Act 2018 were submitted to the Chair of the Joint Committee on Employment Affairs and Social Protection in August 2019 for circulation to the committee. My office will forward these to you for information.
In relation to Section 19, my Department has met with numerous interested stakeholders to hear their views on how indexation might apply to social welfare rates. This was an issue that was also discussed at the Pre-Budget Forum in July 2019 as well as at bilateral meetings with stakeholders.
My Department has considered the results of the consultation process and, in conjunction with the Department of Public Expenditure and Reform, is developing options to implement the commitment in the Roadmap for Pensions Reform to examine and develop proposals to institute a process whereby future changes in pension rates of payment are explicitly linked to changes in consumer prices and average wages.
929. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the status of the public services card in addition to the action of the Data Protection Commissioner on same; and if she will make a statement on the matter. [7137/20]
View answerOn 6th December 2019, my Department received enforcement proceedings from the DPC in respect of the August 2019 Report of the Commission on the Public Services Card.
The Department filed an appeal against the Enforcement Notice within the timeframe provided to do so.
As the matter is now before the Courts, it would be inappropriate to make any further comment.
I trust this clarifies the matter for the Deputy.
930. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the status of the interdepartmental review into community employment schemes; and if she will make a statement on the matter. [7138/20]
View answerIn early 2019, the Government agreed to establish an Interdepartmental Group (IDG) to explore how social inclusion schemes might be organised going forward.
A series of meetings of the IDG have taken place and a number of follow-up meetings were undertaken with the relevant Departments. There was also a stakeholder consultation process which resulted in a number of submissions that were included in the wider review.
The final Interdepartmental Group report is currently with my Department for consideration and will be submitted to Government in due course.
The priority for my Department is to ensure that all employment and activation programmes have the best outcomes for participants. The Government is very mindful of the large number of work programme places involved in service delivery and other valuable services to individuals and communities across Ireland.
932. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if employees (details supplied) qualify for the pandemic unemployment payment in view of the fact they are being forced to reduce their working hours as a direct result of Covid-19; and if she will make a statement on the matter. [7198/20]
View answerThe COVID 19 Pandemic Unemployment Payment was introduced in March 2020 as a time-limited emergency measure to meet the surge in unemployment which resulted from the effects of the Coronavirus pandemic. This emergency payment is payable to people of working age between 18 and up to 66 years old, who were in employment immediately prior to the 13th March 2020 and have lost their employment and their income due to the impact of the pandemic. If these conditions are satisfied, the COVID 19 Pandemic Unemployment Payment is payable.
Where an employee has had their hours of work reduced and is unemployed for 4 days or more in a week they can apply for the social-insurance based jobseekers benefit. If they have been put on a short time working week on a temporary basis due to a reduction in business for any reason, including the effects of the COVID 19 pandemic, they can apply for short time work support. If they do not qualify for these social insurance supports they may be eligible for the means tested jobseekers allowance scheme. Further details on the supports available are provided on www.gov.ie.
I trust that this clarifies the matter.
933. Deputy Emer Higgins asked the Minister for Employment Affairs and Social Protection the supports available to help workers (details supplied) in south western areas of Dublin that are facing redundancy; and if she will make a statement on the matter. [7201/20]
View answerFirstly, I would like to say that my thoughts are with all Debenhams workers who are dealing with job losses at this difficult time. As deputies are well aware, with the exception of grocery outlets, the retail sector has been particularly affected by the economic turmoil caused by Covid-19. Having come through a number of turbulent years and an examinership process, it is regrettable that the Debenhams workers now face redundancy.
I want to assure everybody that the my Department is assisting the affected workers through its Intreo service to help them in whatever way we can in terms of income supports and job-seeking over the coming weeks and months. Indeed over the past number of weeks officials from my Department have engaged with both officials from Mandate and with the Human Resource management team in Debenhams to ensure that all workers have received their due entitlements from my Department.
My officials are also available to assist these workers in the job search efforts over the period ahead and with advice on further education and training options that will help them to find work within their sector or in other sectors where work opportunities will become available as the economy improves over the period ahead.
Furthermore, the redundancy and insolvency section of my Department has already engaged with the liquidators appointed to Debenhams and is continuing to work with them to ensure that all claims in respect of employees are dealt with expeditiously.
Specifically, in relation to income supports, the Covid-19 Pandemic Unemployment Payment was available to the employees when they were initially temporarily laid off and continues to be paid to them while the emergency payment is in operation. In some cases, where it was more advantageous, employees will have been awarded a Jobseeker’s Benefit or Jobseeker’s Allowance payment depending on their family composition and circumstances.
In addition to the immediate income supports the Dublin Mid Leinster Division of my Department organised and hosted an online information session on 15/5/2020 for Debenhams employees. The purpose of this online session was to give support to the employees during this difficult time and to provide reassurance that there is a variety of organisations and services available to them to with the ultimate aim of supporting them back to employment. The supports and advice outlined included initial income supports, job searching, training/education options, help with CVs and/or interview preparation as well as advice on self-employment and personal finances.
Information was presented by representatives of the Department of Employment Affairs and Social Protection, the Education and Training Boards, Jobs Clubs, the Local Enterprise Office and the Money Advice and Budgeting Service.
An invitation to the online information session was facilitated to employees through the Mandate Trade Union and Debenhams. Approximately 230 employees viewed the information session. Follow up information and contact details are currently being issued to any employees seeking further information or support on the options outlined.
With regard to redundancy supports, entitlement to a redundancy payment is defined under the Redundancy Payments Act. It is the employer’s responsibility to pay statutory redundancy payments to eligible employees. In situations where an employer is unable to pay these entitlements due to financial difficulties or insolvency an application for payment under the Redundancy Payments Scheme may be submitted to the Department. The Department is engaging with the liquidator with a view to progressing these redundancy applications.
I trust that this clarifies the matter for the Deputy.
934. Deputy Cian O'Callaghan asked the Minister for Employment Affairs and Social Protection the steps she is taking to provide supports for those returning here from working abroad due to the Covid-19 pandemic due to the fact that they may have lost their job abroad or need to take care of sick relatives; and if she will make a statement on the matter. [7269/20]
View answerThe COVID-19 Pandemic Unemployment Payment has been introduced as an emergency measure so that payments can be made as quickly as possible to the large number of people in the state who have become fully unemployed due to the pandemic. The payment is not available to people living abroad and who have returned to Ireland as outlined by the Deputy. In the first instance they should apply for unemployment benefit in the country they last worked which may then be transferred to Ireland.
Where a person is experiencing financial hardship they can apply for financial support through the supplementary welfare allowance scheme.
I trust that this clarifies the matter for the Deputy.
936. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection if proposals are being examined to establish a Covid-19 household debt resolution process to help families that may accumulate debt during this period. [7334/20]
View answerThe negative economic impact of the Covid-19 crisis is likely to be severe and will require our personal insolvency system to be as robust and efficient as possible. The State has a comprehensive insolvency system and a network of experienced insolvency practitioners in place to quickly advise those people who may inevitably find themselves in financial difficulty.
Debt resolution is one of the services that the Insolvency Service of Ireland (ISI) provides. The ISI was established in 2013 to deal with personal insolvency and is under the remit of the Department of Justice and Equality. The ISI aims to return people to solvency and full participation in social and economic activity. It offers a range of debt solutions, including a regulated network of qualified professionals, that can help a person to reach a permanent debt solution with their creditor(s).
The ISI encourages anyone with serious debt issues, including those impacted by the Covid-19 crisis to visit its dedicated website backontrack.ie.
The Money Advice and Budgeting Service (MABS), under the aegis of the Citizens Information Board, provides assistance to people, in particular those on low incomes or living on social welfare payments, who are over-indebted and need help and advice with debt problems. As part of its free, confidential and independent service, MABS also provides help and advice to those in mortgage arrears.
During the COVID 19 pandemic, MABS continues to offer money and debt advice service, including the Dedicated Mortgage Arrears service, to existing and new clients who may need assistance in dealing with household debt accumulated during this period.
MABS is providing its services by phone, email, post and by videoconferencing where face to face engagement is necessary. The MABS Helpline is open Monday to Friday, 9am to 8pm on 0761 07 2000.
A Covid-19 live feed has been created on the MABS website to host important financial developments and how they may affect the public. A new call back and instant messaging service is also now available on the MABS.ie website where the public can request a call back from a MABS advisor.
I hope this clarifies the matter for the Deputy.
