The Report of the Joint Committee was launched on 12 July 2018, shortly after the Government published its Audiovisual Action Plan on 27 June 2018. The Report made 11 Specific Conclusions and Recommendations, many of which reflect or complement the actions set out in the Audiovisual Action Plan which is in train and whose implementation is overseen by a Steering Group comprising representatives from across Government. In May of 2019, the Dáil debated a motion regarding the Report and the Minister set out progress in implementing the recommendations of the JOC Report.
Recommendations 1, 3, 5, and 11 have been addressed under revisions to the section 481 tax incentive.
Recommendation 1 states that “section 481 is a key and central component within the Irish Film Industry". Changes were made to section 481 in the Finance Act 2018, improving administrative processes and to extend the tax credit beyond its 2020 deadline to 2024. The Regional Film Development Uplift was also introduced. This is a short-term, tapered relief providing additional credit, commencing at 5%, for films made in an area designated as an assisted region under the State aid regional guidelines. The regional uplift will be phased out on a tiered basis. Changes made in Budget 2021 mean that the credit is available for an extra year at 5% in 2021, 3% in respect of claims made on or before 31 December 2022, 2% in respect of claims made on or before 31 December 2023, and reducing to 0% from year 2024 on.
Recommendation 3 sought “the reform of training in the sector to ensure that all training has a recognised qualification where possible, has a beginning and an end, and that trainees are not forced to repeat specific training”. The Committee also recommended a wider geographical spread of training courses, the introduction of formal apprenticeships and additional finance to improve this training and development. The Regional Uplift measure outlined above is specifically designed to support the geographic spread of the audio-visual sector and ensure a spread of production activity beyond the current traditional production hubs in Ireland by incentivising the training and development of new, local pools of talent in the film sector in areas outside the current main production hubs. Changes to Section 481 in 2019 has seen a strong focus on life-long learning and a more expansive range of skills development at all levels, including hard skills, soft skills, future skills, technical skills and leadership skills. As part of an application for section 481, many companies are now required to work with Screen Ireland to develop training plans that consider the skills needs of the production, the company, the participant and the sector as a whole and to reflect on how the planned activity will address skills needs across different levels and different departments of the production from new entrants, trainees and crew to above the line talent and company leaders. This is designed to move away from a system where individuals are labelled as trainees and in doing so, addresses the concerns that the Committee flagged. Screen Skills Ireland, the training and skills development division of Screen Ireland, established a Screen Industry Education Forum in November 2018. This event brings together industry stakeholders and education providers on a regular basis to focus on the skills development challenges and opportunities facing the screen sectors in Ireland. Due to COVID-19, it did not prove possible to host the event in 2020 but it is intended to hold the event again in 2021 if the circumstances allow. Screen Skills Ireland frequently collaborates with education providers to develop and deliver accredited/certified programmes for participants in a range of roles and at all stages of their careers, and which emphasise inclusion and progression.
Recommendation 5 outlined that an “international comparative study should be constituted to analyse the strengths and weaknesses of the Section 481 tax credit”. Since the publication of the Report, as part of its work for the Finance Bill 2018, the Department of Finance published its review of the section titled ‘Review IV: Cost Benefit Analysis of Section 481 of the Taxes Consolidation Act 1997 – Film Corporation Tax Credit’. This analysis was the catalyst for the administrative changes to the section 481 application process.
Recommendation 11 called for “Public funding and adherence to employment standards” to be linked. The Film Regulations 2019, introduced to give effect to changes in the section 481 procedures, include a requirement to provide a signed undertaking in respect of quality employment which requires both the producer company and the qualifying company to comply with all obligations in the field of environmental, social and employment law. The producer company and the qualifying company must be responsible for compliance with all statutory requirements of an employer, have in place written policies and procedures in on Grievances, Discipline and Dignity at work (including harassment, bullying and equal opportunity). The companies are also required to provide details of any Work Place Relations Commission decisions aligned with confirmation that any findings against the companies have been followed or an explanation where the finding has not been followed. This also addresses Recommendation 2 of the Report which expressed concerns with regard to working terms and conditions. While matters relating to collective bargaining rights of freelance workers do not fall directly under my remit, my Department has used the opportunities presented by the changes made to the section 481 procedures to improve conditions in the industry particularly in relation to training commitments by producer companies. Recommendation 8 also deals with working conditions and more particularly, calls for state support for “the precarious existence of actors and sustainable pension structures for workers within the Irish film industry”. This comes within the remit of the Department of Social Protection, who passed legislation in the Employment (Miscellaneous Provisions) Act 2018 in December 2018 which addresses insecurity and unpredictability of working hours for employees on insecure contracts and those working variable hours. The Social Welfare Scheme for Self-Employed Artists has also been extended to the wider creative community which means that self-employed artists in receipt of Jobseekers Allowance for the first year that they are out of work will be able to focus on their artistic work and developing their portfolio, rather than having to participate in the normal labour market activation activities. Artists eligible to apply to the scheme include actors, theatre and film directors, dancers, opera singers, set, costume and lighting designers, musicians, composers, choreographers, architects and street performers.
The Deputy will also be aware of the report of the Arts and Culture Recovery Taskforce, which was a commitment in the Programme for Government, and which was published in 2020. That report outlined ten recommendations, including a proposed mechanism for rolling out of Universal Basic Income (UBI) through the establishment of a pilot project which would last three years. There is already a commitment in the Programme for Government to assess a pilot UBI and one that is informed by a review of previous international models. While my responsibilities as Minister do not encompass a UBI scheme, building on the recommendation of the Taskforce, officials in my Department are engaging on this matter with the relevant Government Departments including the Department of Enterprise, Trade and Employment, the Department of Social Protection and the Department of Finance.
Recommendation 6 called for workers within the craft grades of the industry to have representatives nominated to the Irish Film Board to feed in their perspectives and needs into the industry’s development. However, under the provisions of the Irish Film Board Acts 1980 to 2018, the Board of Screen Ireland as it is now known is not a representative board in the sense of comprising representatives from the various industry sectors: Section 12 of the Act provides that 7 members shall be appointed to the Board by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media with the consent of the Minister for Public Expenditure and Reform. Vacancies arose on the Board in 2020 and were advertised by the Public Appointments Service in October 2020. In the call for expressions of interest, applications were sought from people with a broad range of profiles and skillsets. Appointments to the new board are expected in the coming weeks. Members of all State Boards are required to act on a fully informed basis, in good faith, with due diligence and care, and in the best interest of the State body, and are subject to the Code of Practice for the Governance of State Bodies 2016.
Recommendation 9 sought for the further integration of the film industry on a north/south basis with the creation of formal north/south structures, development plans and investment. While Screen Ireland competes with Northern Ireland Screen in its efforts to attract inward production into the Republic of Ireland, it also regularly cooperates with Northern Ireland Screen in efforts to attract inward production to the island of Ireland.
Recommendation 4 saw the Committee call on the Irish Film Board to constitute the Board’s Film Forum, with an independent Chair, in order to allow all stakeholders within the sector to meet and work together to develop mutually beneficial solutions for the industry while Recommendation 10 called on the unions and the representative organisations to work towards a mutually beneficial and respectful understanding. As my predecessor previously set out to the House, despite efforts made by Screen Ireland in 2019, it did not prove possible to constitute a forum of all stakeholders that would adopt a collaborative approach as suggested by the Report. Instead, it seemed that the forum would simply comprise of the airing of disputes and grievances which are more properly dealt with by the State through other mechanisms such as the Workplace Relations Commission (WRC). In 2020, the WRC published a report following its audit of the Independent Film and Television Drama Production Sector. The audit set out to:
- examine industrial relations generally, employment practices and procedure,
- assess issues arising (if any), and
- make recommendations for their improvement where appropriate.
The WRC received submissions from thirty-four groups and individuals from across the sector and made 4 recommendations.
A key recommendation of the WRC report was that an agreement be negotiated by the principal parties in the sector for their members, addressing pay, terms and conditions such as hours of work, per diems, travel time, overtime, sick leave and pensions, could be adopted as the industry norm. Shortly after the publication of the WRC report came the very welcome announcement in December last by Screen Producers Ireland (SPI) and SIPTU that SIPTU members had approved a new Shooting Crew Agreement. This concluded over 3 years of negotiations between SPI and SIPTU in developing a modernised Crew Agreement which will act as a framework for the industry. Of particular importance is that the agreement implements an industry pension scheme operating under the Construction Workers Pension Scheme (CWPS) and establishes a monitoring structure to oversee the operation of the agreement. It also includes a commitment to developing the first Work/Life Balance policy for the film and television industry. SPI has also delivered a number of workshops on HR best practice. The WRC Report acknowledged the value of continued skills development and work in this regard continues under the auspices of the audiovisual action plan. Screen Skills Ireland are also currently working with the Guilds to support development of competency frameworks. They also offer courses that support the Guilds in other ways and will examine the development of a training module, which was another proposal of the WRC.
My Department will continue to work through the Audiovisual High Level Steering Group to address issues raised in the audiovisual industry, and to support the industry and the people who work in it. Officials continue to engage with stakeholders and through Screen Ireland to address matters arising, including the ongoing COVID19 challenges.
