Written Answers Nos. 142-161
142. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40808/20]
View answerMy Department and one of the Offices under the aegis of my Department have been subject to three formal investigations by the Data Protection Commission from 2016 to date.
The investigation relating to my Department has been concluded with no enforcement action taken by the Data Protection Commission.
A notification of the investigation was issued by the Data Protection Commission to my Department on 19 December 2017.
The investigation concerned an alleged failure by my Department to comply in full with a Subject Access Request. I am unable to provide any further details in relation to the details of this investigation as to do so would compromise the confidentiality of the Case and identify the Parties involved.
One of the Offices under the aegis of my Department has also been the subject of two formal investigations by the Data Protection Commission from 2016 to date.
Notifications of the investigations were issued by the Data Protection Commission on 19 December 2017 and 30 May 2018.
The investigations concerned an alleged failure by the Office to comply in full with an access request and the alleged unfair processing by the Office of a certain person’s personal data, respectively. The investigations were amalgamated as they both relate to a single specific Subject Access Request.
The Data Protection Commission concluded its investigation in September 2020, without taking any enforcement action against the Office. I am unable to provide any further details in relation to the details of this investigation as to do so would compromise the confidentiality of the Case and identify the Parties involved.
143. Deputy Paul Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 25 of 25 November 2020, if he will clarify a matter (details supplied); and if he will make a statement on the matter. [40822/20]
View answerIn my response to Parliamentary Question No. 25 of 25 November 2020, I stated that ‘The Micro Enterprise Assistance Fund provided eligible businesses with a voucher of between €500 and €1,000 in respect of vouched expenditure’.
The ‘voucher’ is by way of a grant of between €500 and €1000 and the term ‘Vouched Expenditure’ should be taken to mean supported by a receipt and/or proof of purchase.
Therefore, a business can only avail of the Micro Enterprise Assistance Fund by providing appropriate proof of payment to support their application.
The disbursement of public funds is subject to two key conditions, namely that they are are applied for the purposes for which they are intended and it is possible to verify such expenditure. This is normally achieved by way of a vouched expenditure condition.
144. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment the date on which he was informed that the then Attorney General would apply to the Judicial Appointments Advisory Board for a recommendation for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied); and if he will make a statement on the matter. [40856/20]
View answerThe then Attorney General informed me of his application after he had been recommended by the Judicial Appointments Advisory Board as suitable for appointment to the Supreme Court.
145. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if he was told by the then Attorney General that, although they would apply to the Judicial Appointments Advisory Board for a recommendation for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied) their preference was to stay on in that office under the new Government; and if he will make a statement on the matter. [40857/20]
View answerDiscussions with individuals about their prospects of appointment or reappointment to Cabinet, including the office of Attorney General, are confidential.
146. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment the date on which he was told that the then Attorney General had been recommended by the Judicial Appointments Advisory Board for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied); and if he will make a statement on the matter. [40858/20]
View answerI have no record of the precise date but believe it was sometime in May.
147. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if, having learned that the then Attorney General had been recommended by the Judicial Appointments Advisory Board for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied) he sought or received clarification as to whether the Attorney General was at that stage willing to be nominated for appointment by that Government; and if he will make a statement on the matter. [40859/20]
View answerDiscussions with individuals about their prospects of appointment or re-appointment to Cabinet, including the office of Attorney General, are confidential.
148. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason a recommendation from the Judicial Appointments Advisory Board having been made for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied) no such nomination was made by his Government during the remainder of its term in office; and if he will make a statement on the matter. [40860/20]
View answerIt was decided not to fill any judicial vacancies between the time of the General Election and the election of a new Government on the 27th June 2020 save for that of President of the High Court. The position of President of the High Court is essential for the effective operation of the Court and it was therefore decided that this position needed to be filled without delay. It was not possible to re-appoint the incumbent as he had reached the statutory retirement age.
149. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment the date on which he informed a person (details supplied) that they would not be reappointed to that office by the incoming Taoiseach; and if he will make a statement on the matter. [40861/20]
View answerThe new Government was elected on the 27th June 2020. It was on this morning or the day before that the then Attorney General was informed that the new Taoiseach planned to appoint a new Attorney General.
150. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if and the number of times he discussed or communicated with a person (details supplied) or with them subsequent to their leaving office as Attorney General their future career in the context of them not being reappointed as Attorney General; if in particular the status of their recommendation from the Judicial Appointments Advisory Board for appointment to the Supreme Court vacancy occasioned by the retirement of a person (details supplied) was mentioned in any such discussion or communication; if the possibility of the incoming Government nominating them for appointment to the Supreme Court was mentioned; the nature of any such discussions and communications; and if he will make a statement on the matter. [40862/20]
View answerThe detail of discussions with the Attorney General are confidential.
151. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if and the number of times he discussed or communicated with the previous Minister for Justice matters in relation to the Supreme Court vacancy occasioned by the retirement of a person (details supplied); if the interest of the then Attorney General in being nominated for appointment to that position was mentioned; if the former Attorney General's preference to stay on in office under the new Government was mentioned; if a postponement of the Government’s decision on the nomination was mentioned; and if he will make a statement on the matter. [40863/20]
View answerThe detail of discussions between Ministers on individual public appointments are confidential. The former Minister for Justice had no role in making this appointment as it was a matter for the new Government.
152. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if and the number of times he discussed or communicated with the current Minister for Justice in relation to filling the Supreme Court vacancy occasioned by the retirement of a person (details supplied); if the interest of the former Attorney General in being nominated for appointment to that position was mentioned; if the former Attorney General’s preferences in relation to a nomination being made by the previous Government was mentioned; and if he will make a statement on the matter. [40864/20]
View answerThe details of discussions between Ministers are confidential.
153. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if he was motivated by any sense of loyalty, commitment or obligation, whether personal or related to party or to service together in Government in canvassing support for the nomination of a person (details supplied) for appointment to the Supreme Court; and if he will make a statement on the matter. [40865/20]
View answer154. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if and the number of times he discussed or communicated with the current Taoiseach, before or after his appointment to that office, the filling of the Supreme Court vacancy occasioned by the retirement of a person (details supplied) and the interest of the former Attorney General in appointment to that position; if he indicated his own preference in relation to the matter; if so, if he sought and secured the current Taoiseach’s agreement; the nature of any such discussions or communications; and if he will make a statement on the matter. [40866/20]
View answerAs previously indicated I informed the now Taoiseach and Minister Ryan prior to the formation of the Government that the then Attorney General had been recommended as suitable for appointment to the Supreme Court by the Judicial Appointments Advisory Board.
155. Deputy Alan Kelly asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to communications, either in the course of interparty talks on Government formation or subsequently, and if between public representatives, party officials or special advisers, in relation to the filling by the incoming Government of the Supreme Court vacancy occasioned by the retirement of a person (details supplied) and the interest of the former Attorney General in being nominated for appointment to that position; the nature, according to his knowledge and belief, of any such communications; and if he will make a statement on the matter. [40867/20]
View answerI am not aware of any such communications.
156. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the business related supports and other assistance available from his Department and agencies under his aegis to a person (details supplied) in relation to a business that has suffered due to a lack of uptake of accommodation in the 2020-2021 academic year due to the Covid-19 pandemic; and if he will make a statement on the matter. [40948/20]
View answerThe pandemic has caused untold damage to people's lives and livelihoods. I know that too many businesses have been severely impacted by the restrictions needed to ensure public health safety during the pandemic. Our response to COVID-19 will continue to assist those businesses affected.
My Department and its agencies have been focused on coming up with solutions to help businesses overcome the difficulties caused by COVID-19. Details of the wide range of supports available are on my Department’s website at https://enterprise.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
I understand that Minister Simon Harris T.D. has asked our higher education institutions, where they have accommodation, to try to show flexibility in terms of its use for the coming academic year. I hope that that private providers will show the same flexibility, however it is not within my remit to issue instructions in relation to the private rental market.
To ensure the safety of our students and staff in further and higher education, most tuition is taking place online for this semester and the Government is providing financial assistance through a once off €50 million fund.
This measure is in addition to the July Stimulus of enterprise measures. Budget 2021provides a significant package of tax and expenditure measures to build the resilience of the economy and to help self-employed and vulnerable but viable businesses across all sectors. The measures in the Budget include the Employment Wage Subsidy Scheme, the new CRSS scheme, low cost loans, commercial rates waivers and deferred tax liabilities.
I will continue to work with my colleagues across Government to assist businesses impacted by COVID-19.
157. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment if he received the correspondence mail from a person (details supplied) on 20 November 2020; and if he can or has replied to the correspondence. [41022/20]
View answerThe correspondence referred to was received in the Office of the Tánaiste and Minister for Enterprise, Trade and Employment on 23rd November 2020 and the matter is receiving attention.
158. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of workplace accidents that occurred in meat processing plants in each county between 1 December 2019 and 30 November 2020; the type of accident and injury involved in tabular form; and if he will make a statement on the matter. [41062/20]
View answerThe Health and Safety Authority record statistics based on the NACE code allocated to specific areas within economic sectors - there is no specific NACE sector code for Meat Processing Plants.
The information provided below contains the number of Fatal and Non-Fatal accidents that were notified to the Health and Safety Authority between 1 December 2019 and 30 November 2020 in businesses within NACE codes 1011, 1012 and 1013.
These have a NACE description as follows:
|
NACE Code |
NACE Description |
|
1011 |
Processing and preserving of meat |
|
1012 |
Processing and preserving of poultry meat |
|
1013 |
Production of meat and poultry meat products |
As part of the Health and Safety Authority's statutory function, they investigate all fatalities that are related to work activity.
These investigations enable the HSA to:
- fully understand what happened and why;
- learn from and prevent similar accidents from happening in the future;
- determine whether any organisation or individual has failed in their duties; and
- determine whether any action should be taken, including enforcement or legal action including prosecution.
All accidents notifications received by the Health and Safety Authority are recorded electronically and are prioritised in the following manner.
- Accident reports will receive a High, Medium or Low priority depending on the severity of the injury arising from the accident.
- All fatal accidents are categorised as high and an investigation will be initiated by the Authority in all such cases.
- Accidents which receive a medium priority may be assigned for investigation or follow-up inspection depending on the detail contained on the accident notification form.
In the period between the 1 December 2019 and the 30 November 2020, the HSA received over 7,200 accident notifications across all sectors and all counties.
The number of accidents reported in meat processing plants (as identified by the three NACE codes above) by county is provided in Table 1. The total number of accidents in meat processing plants reported to the Health and Safety Authority is 176 which includes one fatal accident (see Table 2 below). By way of further information, there were 234 reported in 2018 and 225 reported in 2019.
Table 1: Number of accidents in meat processing plants by County, 1 December 2019 to 30 November 2020.
|
County |
Number of Accidents |
% of Total |
|
Cavan |
48 |
26% |
|
Mayo |
17 |
10% |
|
Kilkenny |
16 |
9% |
|
Cork |
13 |
7% |
|
Laois |
10 |
6% |
|
Meath |
9 |
5% |
|
Westmeath |
8 |
5% |
|
Longford |
7 |
4% |
|
Waterford |
7 |
4% |
|
Wexford |
7 |
4% |
|
Donegal |
6 |
3% |
|
Limerick |
6 |
3% |
|
Kildare |
5 |
3% |
|
Offaly |
5 |
3% |
|
Monaghan |
3 |
2% |
|
Tipperary |
3 |
2% |
|
Wicklow |
3 |
2% |
|
Carlow |
2 |
1% |
|
Galway |
2 |
1% |
|
Louth |
1 |
1% |
|
Total |
176 |
100% |
Table 2: Number of accidents in meat processing plants by type of injury, 1st December 2019 to 30th November 2020.
|
Type of Injury |
Number of accidents |
% of total |
|
Sprains and Strains |
72 |
41% |
|
Superficial Injuries |
39 |
22% |
|
Open wounds |
32 |
18% |
|
Closed fractures |
17 |
10% |
|
Injury type unknown |
8 |
5% |
|
Amputation |
3 |
2% |
|
Concussion and internal injuries |
2 |
1% |
|
Dislocations |
2 |
1% |
|
Multiple Injuries |
1 |
1% |
|
Total |
176 |
100% |
159. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment the mechanism in place to ensure that Irish, EU and non-EU employees are employed under the same conditions for comparable roles in meat plants here; and if he will make a statement on the matter. [41063/20]
View answerIreland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees, including posted and migrant workers, who are legally employed on a contract of service basis. This is specifically set out in Section 20 of the Protection of Employment (Part Time Work) Act 2001.
I am very much aware of the concerns raised about meat plants and I've written to the WRC about the importance of these factories adhering to both employment law and COVID-19 requirements.
Where an individual believes they are being deprived of employment rights applicable to employees, they may refer a complaint to the WRC. The matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches.
The WRC can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie and complaints can be made on a single online complaint form.
My Department monitors existing employment rights legislation to ensure that it continues to be relevant and fit for purpose and is updated to reflect international developments at European Union, European Court of Justice and International Labour Organisation level.
160. Deputy Charles Flanagan asked the Minister for the Environment, Climate and Communications if an adequate programme of consultation with land owners, occupiers, farmers and farm organisations prior to the commencement of re-wetting in relation current proposals in respect of the re-wetting of peat lands in the midlands and with particular reference to County Offaly will be ensured; and if he will make a statement on the matter. [40850/20]
View answerGovernment approval last week of funding of up-to €108million for the Bord Na Móna Enhanced Decommissioning, Rehabilitation and Restoration Scheme (EDRRS) reaffirms our commitment to addressing the climate and biodiversity crisis' we are facing and to ensuring a just transition in the midlands region. The scheme will protect the storage of 100 million tonnes of carbon, sequester 3.2 million tonnes of carbon out to 2050, enhance biodiversity, create jobs and will contribute to Ireland’s target of being carbon-neutral by 2050. Bord an Móna must submit a plan for each bog to both the National Parks and Wildlife Services in respect of this scheme and to the Environmental Protection Agency in respect of works required to meet their IPC licence obligations. As part of this process, Bord Na Móna will consult with affected stakeholders, including those that are based in County Offaly.
161. Deputy Alan Kelly asked the Minister for the Environment, Climate and Communications if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40809/20]
View answerMy Department has not been the subject of any investigation by the Data Protection Commission to date.
