Written Answers Nos. 133-154
133. Deputy Seán Canney asked the Taoiseach further to Parliamentary Question No. 4 of 17 February 2021, if it will still be ensured that the 43 weekly newspapers nationwide receive their fair share of the advertising in relation to the national Covid-19 campaigns. [14029/21]
View answerPublic information campaigns in relation to Covid-19 have been advertised across a broad range of media, including national and local newspapers, and this will continue to be the case.
134. Deputy Peadar Tóibín asked the Taoiseach the details of the process through which his Department drafts and produces legislation; if his Department outsources the drafting of legislation; if so, the Bills for which the drafting has been outsourced since he took office; and the costs associated with the drafting of each Bill. [14428/21]
View answerMy Department is very rarely the sponsor of legislation. As was the case with the Autumn and Spring Legislation Programmes, the forthcoming Summer Legislation Programme will include no bills from my own Department.
135. Deputy Alan Kelly asked the Taoiseach the dates on which he spoke to companies (details supplied) about vaccine provision in tabular form. [14592/21]
View answerThe Government has regular and ongoing engagement with companies involved in supplying vaccines for Covid-19, as well as with the European Commission and others involved in the procurement and production of vaccines. For example, the Chief Executive of IDA Ireland is a member of the Taskforce on Covid Vaccination and is in regular contact with the companies concerned, many of which have a presence in Ireland.
In addition to these efforts, I myself have had a number of direct engagements with companies involved in the development and supply of vaccines.
Most recently these engagements have included meetings with AstraZeneca in December 2020 and again with the CEO on 12 March, with Johnson and Johnson on 14 January, 12 March and again on 18 March, and with Moderna on 18 March, as well as number of engagements with Pfizer over the past 6 months, including meetings with their Managing Director for Ireland and their Global CFO and Executive Vice President, Global Supply.
136. Deputy Pauline Tully asked the Taoiseach his plans for the allocation of the shared island fund; and if an application process for this funding will be open to existing cross-Border bodies such as groups (details supplied). [14705/21]
View answerOn 22 October, I set out the Government’s vision and priorities on Shared Island in an online event at Dublin Castle. A Shared Island unit has been established in my Department to coordinate and drive this work as a whole of Government priority.
In Budget 2021, the Government announced the Shared Island Fund, with €500m to be made available out to 2025, ring-fenced for Shared Island projects. The Shared Island Fund provides significant new, multi-annual capital funding for investment on a strategic basis in collaborative North/South projects that will support the commitments and objectives of the Good Friday Agreement.
The Government will work in partnership with the Northern Ireland Executive and with the British Government to progress existing and new cross-border investment projects.
In this context, collaborative proposals from Local Authorities in border regions will be considered, taking account of overall regional development strategy and complementarity with the commitments and objectives on Shared Island that are set out in Programme for Government. The Shared Island unit in my Department, is actively engaging with Local Authorities and the cross-border Local Authority forums.
In December, over €6m in funding from the Shared Island Fund was approved by the Government to launch the delivery of Phase 2 of the Ulster Canal. We are continuing to work in partnership with the Executive and through the North South Ministerial Council on the other cross-border investment projects, which are part of our Shared Island commitments in the Programme for Government. Progressing these projects was a key focus of our discussions at the North South Ministerial Council Plenary in December 2020. I have also had constructive engagement with British Prime Minister, Boris Johnson, on the Government’s Shared Island objectives and commitments, and have made it clear that we are happy also to engage on an East-West basis as we take this work forward.
Other relevant Programme for Government commitments include those to:
Work with the Executive to deliver key cross-border infrastructure initiatives, including the A5 road, the Narrow Water Bridge, and cross-border greenways, in particular the Sligo-Enniskillen greenway.
Work with the Executive and the UK Government to achieve greater connectivity on the island of Ireland.
Work with the Executive and the UK Government to commit to investment and development opportunities in the North West and Border communities, including third level opportunities for young people from across the region at University of Ulster Magee Campus in Derry.
Support a north/south programme of research and innovation, including an all-island research hub.
Continue to deepen north-south health links.
I met with members of the North West Strategic Growth Partnership and the North West Regional Development Group on 18 February. We had a very productive discussion on their views and priorities for the North West City region and the Government’s complementary objectives as part of the Shared Island initiative.
There is also ongoing engagement at Ministerial and Departmental levels with Local Authorities and cross-border Local Authority forums, including the North West Strategic Growth Partnership and Regional Development Group, the East Border Region and the Irish Central Border Area Network (ICBAN).
I welcome the North West Regional Development Group’s recently agreed statement of updated regional priorities for the North West region, as well as the publication today of ICBAN’s Framework of Regional Priorities for the Central Border Region and the Dublin Belfast Economic Corridor’s report on Current Profile, Potential in Recovery & Opportunities for Cooperation.
Strengthening social, economic and political links on the island and the promotion of all-island approaches to the strategic challenges facing Ireland, North and South are key objectives for the Government’s Shared Island initiative. The role and contribution of Local Authorities in these areas is being taken account of as part of the research and civic dialogue work that is being progressed by the Shared Island unit in my Department.
137. Deputy Richard Bruton asked the Taoiseach the five most recent significant capital projects in the major functional responsibilities of his Department which require his sanction; the time which elapsed between the initial submission of the proposal for consideration until the construction commenced; the significant elements making up this period; the time spent in assessment prior to approval in the planning process; the time spent in assessment prior to approval in the procurement process of contractors; and the way this duration compared with the targeted time to delivery set out at the outset of the process. [14786/21]
View answerMy Department has no subhead provision for capital expenditure.
138. Deputy John Brady asked the Tánaiste and Minister for Enterprise, Trade and Employment the engagement Ireland had in respect of the position taken by the European Commission at the March 2021 World Trade Organization meeting on the proposed temporary TRIPS waiver on intellectual property in respect of Covid-19 vaccines and technology; if Ireland supported the decision by the European Commission to oppose such a waiver; if he will engage further with the European Commission on this issue in advance of the next World Trade Organization meeting in April 2021; his views on the implications of this matter for global public health and the Covid-19 pandemic; and if he will make a statement on the matter. [15381/21]
View answerInternational Trade is a competence of the EU under the Treaties. In exercising that competence at the WTO, the European Commission engages with Member States, including Ireland, through a variety of Committee and Working Parties/Groups, including on intellectual property.
The EU’s current position on the proposed waiver is that the WTO international agreement on Trade Related Aspects of Intellectual Property Rights (The TRIPS Agreement), allows countries the flexibility to respond to the concerns raised by proposers of the wavier. Specifically, the TRIPS Agreement allows compulsory licensing which is when a government permits an entity to produce the patented product or process without the consent of the patent owner.
The EU continues to be committed to an open and comprehensive dialogue with all WTO members to explore how the multilateral rules-based trading system can best support universal and equitable access to COVID-19 vaccines and treatments.
The EU considers that the COVAX Facility, the international initiative to ensure global supply and access to COVID vaccines, is the mechanism that is best placed to ensure that high-income countries finance the vaccines and support the developing countries to secure their share of global supply.
Ireland has consistently championed collaborative responses to the pandemic, with a focus on ensuring that the needs of the poorest and most vulnerable are served by our collective effort. As a member of the global health community, Ireland continues to play an active role in ensuring fair and equitable access to vaccines for all. This includes supporting the World Health Organisation (WHO), the Global Vaccine Alliance and the Global Fund, to develop, produce and equitably distribute effective technologies in the COVID-19 global response.
139. Deputy David Cullinane asked the Tánaiste and Minister for Enterprise, Trade and Employment if businesses which were non-trading in March 2020 but began or were due to begin trading in 2020 or 2021 during the pandemic will qualify for the Covid-19 business aid scheme; and if he will make a statement on the matter. [13884/21]
View answerI am acutely aware of the difficulties that these necessary ongoing Covid-19 restrictions are putting on all businesses right across the country. Business owners are making sacrifices in order to protect their communities.
With that in mind, I recently announced the new Small Business Assistance Scheme for COVID. This scheme is now open for applications through Local Authorities and will provide a €4,000 grant for businesses for the first quarter of this year. Closing date for Local Authorities to receive applications is 21st April, 2021.
The Scheme is open to companies, self-employed, sole traders or partnerships, with a minimum turnover of €50,000 and are not owned and operated by a public body. The Scheme is open to firms that currently employ less than 250 and with current turnover of less than €25m.
Businesses down 75% or more in turnover among those expected to benefit the scheme. The scheme is available to businesses not eligible for CRSS, the Fáilte Ireland Business Continuity Scheme, or the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media’s Live Performance Support.
The business must operate from a building, or similar fixed physical structure on which business rates are payable (mobile premises, or premises which are not permanently fixed in place, do not meet the definition of business premises nor do premises on which no rates are payable).
Specifically in relation to the time period you reference, the turnover of the business over the claim period can be estimated to be no more than 25% of the average weekly turnover of the business in 2019; or the projected average weekly turnover of the business for 1 January to 31 March 2021, for businesses that commenced trading after 1 November 2019. Businesses which began trading during 2020 are therefore eligible to apply for the scheme if they meet the other qualifying criteria.
Full details of the wide range of COVID-19 schemes are available on my Department’s website at https://enterprise.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
140. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment the redundancy protections in place for women who have had to cut back on their hours or take leave during the Covid-19 pandemic to manage unpaid domestic, childcare and homeschooling demands; and if he will make a statement on the matter. [13896/21]
View answerFrom the outset of Covid-19, many employers have taken the initiative, in line with subsequent requests from the Government, to be as flexible as possible in allowing staff time off to look after their children who are not attending school or crèche. Some of the options to be considered for workers with caring responsibilities may include -
- Allowing employees to work from home,
- Altering shifts, so that employees can coordinate caring between themselves and partners, or another person,
- Allowing employees to rearrange holidays,
- Allowing employees to rearrange parental leave,
- Allowing employees to take paid time off that can be worked back at a later time.
I would encourage any employees affected by the lack of childcare to engage with their employer in the first instance to explore all options available to enable them to continue working. I would encourage employers to be as flexible and supportive as possible with a view to maintaining good employment relationships over the long term.
The existing provisions of the Redundancy Payments Act 1967 continue to apply to employees. A week, or any part of a week, where an employee is actually at work is considered to be reckonable service for the purposes of calculating a redundancy payment. Various types of leave, such as annual leave or parental leave, are also allowable as reckonable service.
Finally the Workplace Relations Commission provides information to employees on employment, equality and industrial relations rights and obligations, and can be contacted at Lo-call 1890 80 80 90 or via its website www.workplacerelations.ie.
141. Deputy Catherine Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment the action taken by his Department with the Competition and Consumer Protection Commission on the need to conduct an investigation into potential mis-selling by Irish agents involved in the French leaseback property scandal; the steps he plans to take on the matter; and if he will make a statement on the matter. [13952/21]
View answerOne of the primary functions of the Competition and Consumer Protection Commission (‘CCPC’) is to enforce consumer protection law in Ireland. For cross border consumer protection issues, the CCPC is part of the European Consumer Protection Co-operation (CPC) Network, which is comprised of national authorities responsible for enforcing EU consumer protection laws. This network protects consumers when conducting transactions across national borders and, allows consumer protection agencies to co-operate to resolve particular consumer issues. The CPC Network is central to addressing this matter, which involved the purchase by consumers of properties in France. These properties were developed, marketed, sold and managed by French traders under a French ‘Residence de Tourisme’ scheme devised by the French Government to provide tourist accommodation in France. Under the European CPC network, the appropriate authorities to conduct an investigation in relation to this matter are the French consumer protection authorities – Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (‘DGCCRF’).
The CCPC has informed my Department it has engaged with the DGCCRF with respect to the issues highlighted by Irish property purchasers. The CCPC received complaints from Irish property purchasers and provided an initial preliminary assessment to the DGCCRF for over 150 complainants. Following consultation with the DGCCRF, the CCPC collated and transferred to the DGCCRF the transactional documentation of over 150 Irish property purchasers. The CCPC has and continues to provide significant time and resources to this matter and to support the DGCCRF investigation. In addition, throughout the period of engagement with the DGCCRF, whenever issues have been raised by Irish property purchasers, the CCPC has passed these on to DGCCRF and taken whatever additional steps requested by DGCCRF.
In order to protect the integrity of the investigation and comply with relevant French criminal procedural codes, the DGCCRF requested that the CCPC refrain from commenting or communicating on the investigation other than providing updates. The CCPC has strictly adhered to this request. In April 2020, the CCPC was advised that due to COVID-19 the DGCCRF investigation had been disrupted and that this had delayed progress on the matter. However, the CCPC has continued to engage with the DGCCRF and to seek updates on progress. Although the COVID-19 crisis has impacted on the investigation, it has been assured that work continues and the matter is being progressed. The CCPC’s priority in relation to this matter is to continue to support the DGCCRF investigation and to ensure that compliance with the legal procedural requirements of the French criminal investigation process.
With regard to the Deputy's question about the need to conduct an investigation into potential mis-selling by Irish agents, I am advised that:
- As the subject matter of Irish complainants relates to the purchase of French property under a French property scheme governed by French property and tax law, the appropriate authorities to conduct an investigation are the DGCCRF.
- French traders were involved in the design, development and marketing of these French resorts/properties and promoted them to consumers. The DGCCRF criminal investigation is ongoing and on that basis it would not be appropriate for the CCPC to comment or communicate on the specifics relating to the investigation. Therefore, it would also not be appropriate at this time to comment on any alleged role Irish agents may have had in the French Leaseback Property Scheme.
- When DGCCRF has completed its investigation it will provide to the CCPC information on any potential concerns or infringements with respect to Irish agents identified during the course of their investigation. At that point, the CCPC will assess the information provided by the DGCCRF in order to determine whether there was any breach of consumer protection legislation by Irish traders.
- Following any such assessment and in accordance with their prioritisation principles, the CCPC will decide what action may be required.
At this time the primary focus of the CCPC is to continue to support the DGCCRF investigation. The CCPC considers this matter as a high priority issue to which they have dedicated considerable resources.
142. Deputy Seán Canney asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans being put in place in the form of a job retention scheme to assist SMEs to take on long-term employees and to encourage persons to return to work post Covid-19; and if he will make a statement on the matter. [14001/21]
View answerI am acutely aware of the difficulties that the necessary ongoing Covid-19 restrictions are putting on businesses and employment right across the country.
The Government has put in place a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), the Small Business Assistance Scheme for COVID (SBASC), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates. Details of the wide range of supports available are on my Department’s website: Government supports for COVID-19 impacted businesses - DETE (enterprise.gov.ie)
Budget 2021 provided a significant package of tax and expenditure measures to build the resilience of the economy and to help vulnerable but viable businesses across all sectors. The Employment Wage Support Scheme was announced as part of Budget 2021 to assist employers in keeping their staff on the payroll. This economy-wide support provides a flat-rate subsidy to qualifying employers.
The level of support now being provided to businesses across all sectors is unprecedented and ahead of that available in other jurisdictions. Our focus is to ensure the safety of our people and guide our economy towards recovery by ensuring that we had an appropriate mix of supports in place to support workers and businesses in moving between the levels of the Resilience and Recovery 2020-2021: Plan for Living with COVID-19.
I will continue to work with my colleagues to monitor the schemes of our Departments and to identify practical actions to protect jobs, help businesses and build their resilience through this unprecedented time. My colleague, Minister Heather Humphreys T.D., Minister for Social Protection may be able to assist you further in relation to job retention schemes.
143. Deputy Seán Canney asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans being developed to entice emigrants to return to Ireland to join the workforce, especially in construction, in which there is a deficit in workers which will impact negatively on the capital programme from 2021 onwards. [14025/21]
View answerAs part of its 2020 work programme, the Expert Group on Future Skills Needs, the independent body that advises the Government on the current and future skills needs of the Irish economy, developed and published Building Future Skills- The Demand for Skills in Ireland’s Built Environment Sector to 2030.
The aim of this study was to identify the nature and quantity of the scale of the skills needs of the Built Environment sector over the next decade, to help support delivery of Government objectives across housing, infrastructural development and climate change mitigation. It was also tasked with development of a suite of recommendations to ensure the sector’s future skills needs are fully addressed by stakeholders through the education and training system and any other relevant sources of skills supply.
A range of industry representative and professional organisations across the Built Environment sector, along with the key public sector stakeholders, inputted into the comprehensive research exercise undertaken in support of this study. They also formed the representative public and private sector steering group that advised on and guided its progress, as well as on the development of suite of recommendations to meet the level of demand for built environment services over the next decade.
In the coming months my officials will be working to establish a public and private sector implementation group to progress the recommendations in the Building Future Skills report, with a view to meeting the demand for skills over the coming decade.
As well as actions focussed on stimulating skills development across the sector and aligning provision with technological and low carbon economy requirements, the report recommended a coordinated campaign, led by industry, with support from education and training providers and Government, to promote careers across Ireland’s Built Environment sector and increase its skills pool.
Actions include a coordinated marketing campaign to promote the sector’s career opportunities, including through the development of a ‘shared identity’ for the sector. This is to be targeted at those of school going age as well as potential career changers and those across other sectors of the economy with skills that are transferable to Built Environment activities.
This campaign is to incorporate existing initiatives to address gender balance within Built Environment activities, as well as industry working with the Department of Social Protection and Education and Training providers to target, recruit and reskill those workers from other sectors finding their job roles becoming redundant due to digitalisation, the transition to a low carbon economy, as well as the impact of Covid-19.
As part of the broader post-pandemic recovery, it is envisaged that this marketing campaign will also encompass the attraction of overseas workers, which already make a significant contribution to the delivery of Ireland’s Built Environment priorities. This is reflected in the representation of EU workers in the Irish workforce, as well as the increased representation of non-EEA workers, following the extension of eligibility for employment permits to a range of Built Environment occupations in 2019.
Efforts have already been made to attract overseas capacity through the promotion of Ireland’s infrastructure project pipeline at the World Expo and as part of Ireland’s annual trade delegations for St Patrick’s Day. My officials will also engage with the Department of Foreign Affairs as it implements Global Ireland- Ireland’s Diaspora Strategy 2020-2025 in the coming years. The strategy highlights the benefits returning emigrants bring in terms of skills and knowledge gained abroad, which can help develop both the national and local economies. To this end, it commits to improving the provision of information on returning to Ireland as well as the dissemination of information on skills needs.
144. Deputy Marian Harkin asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount businesses have drawn down from the €2 billion Covid-19 credit guarantee scheme launched in 2020; and if a quarterly breakdown of the amounts drawn down will be provided. [14026/21]
View answerThe COVID-19 Credit Guarantee Scheme is the largest loan guarantee scheme in the history of the State. The Scheme provides €2 billion in lending, for terms up to five-and-a-half years and offers a range of lending products between €10,000 and €1 million. It is available to SMEs and small mid-caps (business with less than 500 employees), including primary producers (businesses engaged in the farming and seafood sectors).
This scheme is providing vital access to lending facilities for a wide range of sectors. Businesses which have been most impacted by the effects of the virus are utilising the Scheme. The wholesale and retail sector accounted for nineteen percent of loans drawn, the accommodation and food services sector accounted for fourteen percent of loans drawn, and the primary agriculture and fisheries sector accounted for thirteen percent of loans drawn by value, demonstrating that funding is getting to where it is most needed.
There have been 3,470 loans drawn for a value of €207 million under the Scheme up to 4 March (latest data available from participating lenders). These loans are being drawn from all over the country.
In order to provide the public with relevant data on the performance of the scheme, my Department publishes weekly and monthly reports on its website. These reports provide data on loans drawn under a wide variety of themes and are available at https://enterprise.gov.ie/en/Publications/COVID-19-Credit-Guarantee-Scheme-Performance-Reports.html.
The Scheme is currently available through commercial banks, several non-bank lenders and a number of credit unions. This long-term policy goal of diversification will add competition in the market and ensure a wide range of loan products are available throughout the regions.
145. Deputy Matt Shanahan asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports available under the Covid-19 business aid scheme for those without commercial rates contributions (details supplied); and if he will make a statement on the matter. [14046/21]
View answerI am aware of the difficulties that business owners continue to face and with that in mind the Government has put in place a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), Small Business Assistance Scheme for COVID (SBASC), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates.
I would urge business owners to seek the supports outlined above if they have not already done so. I would also suggest they contact their Local Enterprise Office and they can signpost and advise of supports that maybe available.
The SBASC scheme you refer to does have a payment of rates eligibility requirement. The intention behind this provision is to assist businesses operating from fixed premises to meet some of the ongoing fixed costs of maintaining those premises.
The schemes are there to help meet fixed costs that cannot be avoided and to provide basic weekly income support up to maximum of €350 per week. They are not created to provide compensation for loss of personal income above this level or compensation for loss of profits for any sector.
I want to assure you, however, that I am in consultation with business sectors and am aware of their concerns and I and my colleagues across Government are continuing to keep the range of measures under review.
146. Deputy Sorca Clarke asked the Tánaiste and Minister for Enterprise, Trade and Employment the feasibility studies and engagement that has been carried out to date on the potential to manufacture Covid-19 vaccines in Ireland given the level of pharmaceutical companies and activities here; and if he will make a statement on the matter. [14127/21]
View answer149. Deputy Gino Kenny asked the Tánaiste and Minister for Enterprise, Trade and Employment the person or body negotiating with pharmaceutical companies on behalf of the IDA vis-à-vis the production of vaccine in the Irish pharmaceutical sector; the person or section with which the IDA is liaising in his Department; the proposition being put to the pharmaceutical companies; the companies that have been met; and if he will make a statement on the matter. [14255/21]
View answerI propose to take Questions Nos. 146 and 149 together.
It is well known that Ireland is internationally recognised as a centre of excellence in the pharmaceutical sector and in the broader life sciences sector. In recognition of the critical work of those Irish-based companies, last October I convened a series of short meetings with several of IDA Ireland’s biopharmaceutical client companies to hear about the crucial role they are playing in the public health response to the COVID-19 pandemic and particularly on the work being done in Ireland to assist in the global efforts to combat COVID-19.
However, it was clear from these meetings and IDA Ireland's ongoing mapping of the sector that there is currently no available capacity within these pharmaceutical plants to produce COVID-19 vaccines.
Separate to existing capacity, the COVID-19 Products Scheme was developed jointly by IDA Ireland and Enterprise Ireland under the European Commission Temporary Framework that allows additional aid to be granted by EU Member States to companies that are developing or producing medicinal products used in the fight against COVID-19.
IDA Ireland and Enterprise Ireland are supporting a range of companies with product and process solutions of relevance to the ongoing global response to tackling Covid-19. This includes some projects in the area of vaccines as well as many other projects in areas such as PPE production, medical devices, sanitisers & sanitising equipment and diagnostic tests, all of which remain important responses to the Covid-19 challenge.
In the area of vaccine production, Enterprise Ireland has identified Irish companies that can offer solutions to the bottleneck of vaccine production, including those in the areas of germ-free eggs for vaccine manufacture and avian transgenics, software services underpinning vaccine manufacturing and related laboratory works etc. Enterprise Ireland is currently working with client companies in these areas to deliver on their proposals under the COVID-19 Products Scheme.
147. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the data which show that 46% of inspections in meat processing plants between 2015 and 2020 uncovered breaches of employment law; the number of workplace inspectors the Workplace Relations Commission has; and his further views on whether this is sufficient for it to successfully investigate and uncover breaches of employment law in the meat processing sector and other sectors. [14201/21]
View answerThe Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.
Table 1 sets out that in the period 2015 to 2020, WRC Inspectors found breaches of employment law in 48% of inspections undertaken in the meat processing sector. Table 2 sets out the type of breaches identified.
Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers. Almost €184,000 in outstanding wages were recovered by the WRC for workers in the meat processing sector in the period 2015 to 2020.
Where an employer fails to comply, the inspector can use a range of statutory enforcement measures. These are:
- Fixed Penalty Notice: An employer may be required to pay a fixed amount in respect of breaches of employment law (e.g., €1,500 in relation to failure to provide payslips)
- Compliance Notice: These require employers to take specific action to remedy contraventions over a range of employment law and failure to comply with the notice could result in a prosecution
- Prosecution: Employers can be prosecuted in relation to a range of contraventions, including failure to pay statutory national minimum wage rate, employment of foreign nationals without permission to work and failure to keep employment records as prescribed in law.
The WRC Inspectorate is staffed by civil servants of my Department. WRC inspectors are ranked at Executive Officer (EO) and Higher Executive Officer (HEO) level. As of 19 March 2021, there are a total of 53 WRC Inspectors, 48 at EO level and 5 at HEO. My Department, in conjunction with the Public Appointments Service (PAS) has recruitment campaigns in train to recruit WRC inspectors at both EO and HEO level.
Inspectors from both the Health and Safety Authority and the Department of Agriculture are active in this sector. Between the 18th of May 2020 and the 12th of March 2021, the Health and Safety Authority completed 297 inspections of meat processing facilities, which include those connected with COVID-19 outbreaks. In addition, Agriculture inspectors from the Department of Agriculture , Food and the Marine have undertaken over 741 COVID-19 related inspections at meat processing facilities since the 18th of May 2020.
In October last year, I wrote to the Director General of the Workplace Relations Commission expressing my concern regarding the inspection figures relating to the meat processing sector; querying whether the oversight of employment rights in this sector was sufficient; and if it was time for a renewed focus by the WRC on meat processing plants.
My Department is committed to ensuring that adequate resourcing is provided to the WRC. In 2021, the WRC has been allocated funding of €12,556,000 in respect of pay and €2,614,000 in respect of non-pay, and I am satisfied that the resources provided to the WRC are sufficient to enable it deliver on its important mandate.
Table 1:
Breakdown of Meat Processing Inspections by the WRC Inspectorate:
|
Year |
No. of Inspection Cases |
Cases in Breach |
|
2015 |
4 |
4 |
|
2016 |
9 |
6 |
|
2017 |
11 |
7 |
|
2018 |
11 |
6 |
|
2019 |
15 |
1 |
|
2020 |
11 |
5 |
|
Total |
61 |
29 |
|
% |
100 |
48 % |
Note: The quoted figure of 46% non-compliance was based on draft figures for 2020, the revised figure for the full period 2015-2020 is 48%.
Table 2:
Breakdown of breaches of employment law:
|
Employment Law |
Details of breaches 2015-2020 |
|
National Minimum Wage Act |
Failure to pay National Minimum Wage (8) |
|
Organisation of Working Time Act (incl. records) |
Lack of full statutory employment records (11), Annual Leave (3), Public Holidays (4) |
|
Employment Permits Acts |
Illegal employment of foreign national (10) |
|
Payment of Wages Act |
Payslips (2), Unauthorised deduction from wages (3) |
|
Terms of Employment (Information) Act |
Failure to provide terms of employment (1). |
|
Protection of Young Persons (Employment) Act |
No abstract of Act displayed (1), Statutory Breaks (1) |
Note: There may be more than one breach of a particular piece of legislation detected during the course of an inspection case.
148. Deputy Paul Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to reopen applications for work permits for dairy farm assistants in early 2021; and if he will make a statement on the matter. [14209/21]
View answerThe employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, however, this objective must be balanced by the need to ensure that there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.
Earlier this year, Minister of State Damien English TD engaged with the Irish Farmers Association and Producers on matters relating to employment in the agri-food sector in Ireland.
In order to ensure that the employment permits system is responsive to changes in economic circumstances and labour market conditions, it is managed through the operation of the critical skills and the ineligible occupations lists which determine employments that are either in high demand or are ineligible for consideration for an employment permit. The lists are subject to twice yearly reviews which are evidence based and are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN) and the Skills and the Labour Market Research Unit (SLMRU) in SOLAS, a public consultation process, input from the relevant policy Departments and the Economic Migration Inter-Departmental Group, chaired by the Department. Account is also taken of contextual factors such as Brexit and, in the current context, COVID 19 and their impact on the labour market.
The pilot quota-based scheme introduced in May 2018 following consideration of a detailed business case submitted by the sector, provided a quota of 150 general employment permits for the occupation of Dairy Farm Assistant. This pilot scheme has proved very successful for a range of employers in the sector and the quota of 150 employment permits is now exhausted.
Consideration of the submissions received to the current occupations lists review is underway, including from the farming sector, and scheduled to be finalised in March.
150. Deputy Paul McAuliffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the grants available for online businesses in cases in which they are not entitled to the Covid restriction support scheme and Covid business aid scheme payments; the alternatives available to them; and if he will make a statement on the matter. [14387/21]
View answerThe challenges presented by the COVID-19 pandemic have illustrated just how vital an online trading presence can be to the survival of our SMEs and microenterprises. Those businesses that have embraced the digital marketplace are now reaping the rewards.
The Trading Online Voucher scheme, administered, on behalf on my Department, by the Local Enterprise Office network aims to assist our micro-enterprises to realise the potential of online trading. This Scheme offers eligible micro-enterprises a voucher of up to €2,500 (50% co-funded by the recipient) to help them develop their online capacity. This includes training sessions that cover various topics, such as developing a website, digital marketing, social media for business and search engine optimisation.
The COVID-19 Online Retail Scheme, administered by Enterprise Ireland through funding provided by my Department, is helping indigenous Irish retailers enhance their digital capability and to build a more resilient business for both the domestic and global marketplace.
Companies whether trading on-line or not have access to all of the COVID-19 business Schemes once the relevant eligibility criteria are fulfilled.
I recently announced the new Small Business Assistance Scheme for COVID. This scheme is now open for applications through Local Authorities and will provide a €4,000 grant for businesses for the first quarter of this year. Closing date for Local Authorities to receive applications is 21st April, 2021. A decision on the second quarter of this year will be made in due course.
The Government has introduced a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates.
I would urge business owner to seek the supports outlined above if they have not already done so. I would also suggest that a business owner should contact their Local Enterprise Office and they can signpost and advise on supports that maybe available.
The schemes are there to help meet fixed costs that cannot be avoided and to provide basic weekly income support up to maximum of €350 per week. They are not created to provide compensation for loss of personal income above this level or compensation for loss of profits for any sector.
Full details of the wide range of COVID-19 schemes are available on my Department’s website at https://enterprise.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
I want to assure you that I and my colleagues across Government will continue to keep the range of measures under review.
151. Deputy Paul McAuliffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the financial supports available for mobile businesses that are not entitled to the Covid restriction support scheme and Covid business aid scheme payments and do not pay commercial rates; if he is considering supports for these businesses; and if he will make a statement on the matter. [14388/21]
View answerI am acutely aware of the difficulties that the necessary ongoing Covid-19 restrictions are putting on businesses right across the country.
With this in mind the Government has put in place a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), the Small Business Assistance Scheme for COVID (SBASC), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates. Details of the wide range of supports available are on my Department’s website: Government supports for COVID-19 impacted businesses - DETE (enterprise.gov.ie)
Budget 2021 provided a significant package of tax and expenditure measures to build the resilience of the economy and to help vulnerable but viable businesses across all sectors.
I would urge business owners to seek the supports outlined above if they have not already done so. I would also suggest they contact their Local Enterprise Office who can signpost them and advise them of supports that may be available for their business.
The Government is very much open to proposals as to how we can help businesses further. However, our schemes are there to help meet fixed costs that cannot be avoided and to provide basic weekly income support up to maximum of €350 per week. We are not providing compensation for loss of personal income above this level or compensation for loss of profits for any sector.
152. Deputy Peadar Tóibín asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of the process through which his Department drafts and produces legislation; if his Department outsources the drafting of legislation; if so, the Bills for which the drafting was outsourced since he took office; and the costs associated with the drafting of each Bill. [14417/21]
View answerMy Department drafts and produces primary legislation through the process set out in the Cabinet Handbook. This process includes carrying out appropriate consultations with, and/or, where a constitutional issue or issues involving legal policy are likely to be involved, seeking advice from the Office of the Attorney General and seeking Government approval in respect of any principle of the policy to be legislated for which approval has not been already obtained.
The Department prepares a General Scheme in respect of the proposed Bill, made up of individual numbered heads which will set out drafting instructions and a note explaining these instructions. Once this Scheme is prepared, it is circulated to the Department of Finance and any other Department which may be concerned, along with the Office of the Attorney General, for observations. A Regulatory Impact Analysis must also be carried out in line with the Cabinet Handbook. Following these steps, permission to draft the relevant legislation in line with the General Scheme is sought from Government. Legislative proposals are submitted to Oireachtas Committees, as appropriate.
The preparation of legislative text is arranged by the Attorney General on the request of the Department, on foot of Government authority to draft. Parliamentary Counsel, in the Office of Parliamentary Counsel to the Government (“OPC”), is assigned to the Bill and is responsible for drafting same on foot of policy instructions provided by the Department. Where any additional/novel policy issue arises during the drafting stage, which it is intended will be provided for in the Bill, further Government approval is obtained in respect of such policy. Further Government approval is required in advance of publication of Heads of Bill. Once the drafting of the Bill has been completed Government approval of the text and authority to present the Bill to the Dáil or Seanad is sought. Communications regarding the drafting of amendments after the initiation of the Bill in either House will be sent to the Parliamentary Counsel to the Government, and no substantive amendments should be finally accepted at Committee or Report Stage without prior consultation with Parliamentary Counsel to ensure that no unintended consequences will arise.
In respect of the drafting of secondary legislation, the OPC also plays a role in drafting or settling instruments which commence primary legislation, amend primary legislation, instruments which are to be made by the Government, and those to be made by some other body where so requested by a Minister of Government or Minister of State operating relevant the statutory function for approval of the draft instrument.
Since I took office in June 2020, there has been one instance where my Department outsourced the drafting of legislation to an external barrister. This related to drafting of the Employment Permits (No.2) Regulations 2020. The cost of this contract was €453.75.
153. Deputy Pearse Doherty asked the Tánaiste and Minister for Enterprise, Trade and Employment if businesses with no rateable premises will be denied access to the Covid-19 business aid scheme; if funding will be made available to cover this cohort of businesses; and if he will make a statement on the matter. [14488/21]
View answerI am aware of the difficulties that business owners continue to face and with that in mind the Government has put in place a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), Small Business Assistance Scheme for COVID (SBASC), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates.
I would urge business owners to seek the supports outlined above if they have not already done so. I would also suggest they contact their Local Enterprise Office and they can signpost and advise of supports that maybe available.
The SBASC scheme you refer to does have a payment of rates eligibility requirement. The intention behind this provision is to assist businesses operating from fixed premises to meet some of the ongoing fixed costs of maintaining those premises.
The schemes are there to help meet fixed costs that cannot be avoided and to provide basic weekly income support up to maximum of €350 per week. They are not created to provide compensation for loss of personal income above this level or compensation for loss of profits for any sector.
I want to assure you, however, that I am in consultation with business sectors and am aware of their concerns and I and my colleagues across Government are continuing to keep the range of measures under review.
Full details of the wide range of COVID-19 schemes are available on my Department’s website at https://enterprise.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
154. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the engagement he or bodies under his aegis had in respect of redundancies at a company (details supplied); if he will encourage the company to negotiate an enhanced redundancy payment in respect of those impacted; his plans to review and report on the reason for the company making these redundancies; and if he will make a statement on the matter. [14621/21]
View answerThe announcement of 150 redundancies in this company is very regrettable and I extend my sympathies to the workers who have lost their jobs and to the families affected. I understand that the manufacturing and production operations will not be impacted. As a client of Enterprise Ireland, the Agency has had discussions with the senior management team of the company on their proposals and will be working to maintain the maximum number of jobs in Ireland. I have asked my officials to keep me updated on developments and to see if we can be of assistance.
Negotiations on enhanced redundancy are a voluntary matter between a company and its employees. Our Agencies will continue to work in a coordinated way to support those who have lost their jobs with welfare entitlements, job-search assistance and upskilling opportunities available to all impacted workers as they assess their options.
