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Tuesday, 15 Jun 2021

Written Answers Nos. 134-157

Departmental Websites

Questions (134)

Carol Nolan

Question:

134. Deputy Carol Nolan asked the Taoiseach the details of the expenditure incurred by staff in his Department under the heading of travel and subsistence from 1 January 2020 to date. [30873/21]

View answer

Written answers

My Department incurred expenditure of €215,940.31 on travel and subsistence in 2020 and €26,405.88 to the end of May 2021.

These figures include expenditure on items such as flights, hotel accommodation, rail tickets, bus and taxi fares, and subsistence payments. Detailed information on foreign travel costs for myself, my Advisers and senior officials are published on a monthly basis on my Department's website.

Departmental Reviews

Questions (135)

Carol Nolan

Question:

135. Deputy Carol Nolan asked the Taoiseach the details of each value for money and policy review conducted by his Department from 1 January 2019 to date; if external costs were incurred; and if so, the details of such costs. [30890/21]

View answer

Written answers

My Department has not conducted, nor incurred any expenditure, on value for money and policy reviews from 1 January 2019 to date.

Departmental Websites

Questions (136)

Holly Cairns

Question:

136. Deputy Holly Cairns asked the Taoiseach the way in which his Department and agencies under his remit are meeting the requirement to have a statement on the compliance of their websites and mobile applications with the regulations under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020. [31291/21]

View answer

Written answers

My Department’s website www.taoiseach.gov.ie is hosted on the gov.ie central platform managed by the Office of the Government Chief Information Office ( OGCIO ). This is the main government site with over 122 million pageviews in 2020 and it partially complies with the double-A WCAG 2.1 standards and the 4 principles of accessibility in that it is perceivable, operable, understandable and robust. This is similar to most other government sites across the EU. Accessibility is being improved is by increasing the level of plain English used for services on the site. This allows users of all levels to be able to find and understand information as quickly as possible. The gov.ie team in OGCIO has performed multiple accessibility reviews since the website went live and they engaged with an accessibility expert to outline all accessibility requirements. This is an ongoing process. Following the last accessibility audit, 65 issues were fixed and OGCIO have since released updates to the core code of the site to improve accessibility. An audit of the Merrion Street website is currently underway with a view to enhancing user experience and accessibility.

Departmental Websites

Questions (137)

Holly Cairns

Question:

137. Deputy Holly Cairns asked the Taoiseach the way in which his Department and agencies under his remit are meeting the requirement to subject to Regulation 6, public sector bodies shall, in accordance with Regulation 3, take necessary measures to make their websites and mobile applications more accessible by making them perceivable, operable, understandable and robust under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020. [31309/21]

View answer

Written answers

My Department’s website (www.taoiseach.gov.ie) has a compliant accessibility statement which details the commitments, compliance, and testing details of the website. It contains a commitment to achieve the AA standard under WCAG 2.1 guidelines. The website uses the WCAG level AA guidelines to test how accessible it is. The website Accessibility Conformance Evaluation Methodology (WCAG-EM) approach is used to assess the site. Regular accessibility audits have been carried out with user testing on the site.

Accessibility on the website will be improved by :

- making photo-descriptions mandatory on gov.ie and carrying out regular spot-checks on photos on a quarterly basis.

- Publishing HTML pages instead of less accessible formats like PDF.

- Increased use of plain English to describe services to members of the public.

Complaints about the accessibility of content are managed by my Department's Disability Access Officer.

An audit of the Merrion Street website is currently underway with a view to enhancing user experience and accessibility.

Census of Population

Questions (138, 139, 140)

Richard Boyd Barrett

Question:

138. Deputy Richard Boyd Barrett asked the Taoiseach if he will report on any engagements with the CSO with regard to the rescheduling of Census 2021. [28374/21]

View answer

Paul Murphy

Question:

139. Deputy Paul Murphy asked the Taoiseach if he will report on any engagements with the CSO with regard to the rescheduling of Census 2021. [28376/21]

View answer

Cian O'Callaghan

Question:

140. Deputy Cian O'Callaghan asked the Taoiseach if he will report on engagements he has had with the CSO with regard to the rescheduling of Census 2021. [29708/21]

View answer

Written answers

I propose to take Questions Nos. 138 to 140, inclusive, together.

On the advice of the Central Statistics Office (CSO), the Government decided on September 15th, to postpone the 2021 Census to 3 April 2022.

The decision to postpone the Census scheduled for 18 April 2021 until 3 April 2022 was not taken lightly and was based on a number of factors. Foremost in the decision making, was the need to ensure the safety of the general public and CSO field staff, coupled with the need to deliver a Census that achieves the highest possible response rate, across all facets of Irish society.

Furthermore, the Census of Population is a major logistical operation and COVID-19 restrictions have prevented or delayed many key planning activities from taking place over recent months.

On consideration of these challenges the Government decided to postpone the 2021 Census until April 2022 to enable the CSO to undertake a comprehensive, inclusive and safe Census in 2022 which will provide valuable and accurate data for our country in the years ahead.

Planning Issues

Questions (141)

Mary Lou McDonald

Question:

141. Deputy Mary Lou McDonald asked the Taoiseach if he is satisfied that his endorsement of several planning applications submitted and yet to be submitted to Dublin City Council by a developer (details supplied) in a press statement issued by the developer on the 1 June 2021 and uploaded onto the company’s website is appropriate in the context of the planning process. [31929/21]

View answer

Written answers

The Government supports initiatives and projects that promote the sustainable and balanced development of the economic, social and cultural infrastructures of the country.

Such development must happen in accordance with all relevant planning legislation, guidelines and processes as determined by the relevant statutory authority who are independent in their decision-making.

I and my Department have no responsibility in the area of planning applications or decisions.

Transfer of Undertakings

Questions (142)

Aodhán Ó Ríordáin

Question:

142. Deputy Aodhán Ó Ríordáin asked the Tánaiste and Minister for Enterprise, Trade and Employment if a bank (details supplied) will be contacted to remind it of its obligations under TUPE legislation. [30559/21]

View answer

Written answers

The Workplace Relations Commission (WRC) hold the role of adjudication in disputes as to applicability of TUPE. The WRC's provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations including those under TUPE.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger.

The main provisions of the Regulations provide that all the rights and obligations of an employer under a contract of employment (including terms inserted by collective agreements), other than pension rights, are transferred to the new employer on the transfer of the business or part thereof. The new employer must also continue to observe the terms and conditions of any collective agreements until they expire or are replaced.

Both the outgoing and incoming employers are obliged to inform their respective employees’ representatives of, inter alia, the reasons for the transfer and the legal, social and economic implications of the transfer.

Complaints relating to alleged contravention of the 2003 Regulations can be brought in the first instance to an Adjudication Officer of the WRC and, on appeal, to the Labour Court. Any such case should be taken within six months of the date on which an employee considers that there has been a contravention of the Transfer of Undertakings Regulations.

Redundancy Payments

Questions (143)

Joe O'Brien

Question:

143. Deputy Joe O'Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to review the temporary changes to redundancy rules during the Covid-19 emergency period in view of the ongoing reopening of the economy; and if he will make a statement on the matter. [30675/21]

View answer

Written answers

Section 12A is the emergency provision of the Redundancy Payments Act 1967 which effectively suspends an employee’s entitlement to claim redundancy from their employer following certain periods of lay-off or short time work due to Covid-19. This suspension has recently been extended to 30th September 2021.

As the public health situation is not yet resolved and restrictions are being eased on a gradual basis, many businesses will continue to be impacted by restrictions for some period of time as the economy reopens.

Reinstating the entitlement for employees to claim redundancy before the end of September 2021 would have a serious impact on the potential for a business to recover and push many into insolvency situations, exacerbate employment losses and delay economic recovery.

This further extension to 30th September 2021 will afford businesses some time to recover and provide them with some breathing space to consider their financial position and assess their future staffing requirements as the economy gradually reopens.

The extension is also important for employees to ensure that they have a continued link to their job and a pathway to return. The Pandemic Unemployment Payment and the Employment Wage Subsidy Scheme have also been extended from the end of June to support affected employees.

All other redundancy provisions remain unchanged and in force. If an employer is going to make an employee redundant, protections such as notice periods for redundancy and the payment of a redundancy lump-sum to the affected employee still apply and the existing suite of employment rights legislation remains in place.

Enterprise Policy

Questions (144)

Darren O'Rourke

Question:

144. Deputy Darren O'Rourke asked the Tánaiste and Minister for Enterprise, Trade and Employment if Enterprise Ireland plans to open a new office in Vancouver, Canada. [30715/21]

View answer

Written answers

My department, through Enterprise Ireland (EI), helps companies to start, scale and succeed in international markets. Canada is a key destination for Irish exports, with €365 million of exports to Canada reported by EI’s clients in 2019.

Marketplace services for Irish companies targeting Canada are delivered via two offices, Toronto and Montreal. My department assists Irish companies targeting the Canadian market through EI’s network of pathfinders to support companies. Enterprise Ireland, working in close collaboration with Team Ireland in Canada, has six market advisers dedicated to the support of client companies targeting the Canadian market.

Enterprise Ireland regularly undertakes reviews of it overseas presences to ensure that the agency is supporting Irish companies based on client demand. I have been advised that there are currently no plans to open an EI office in Vancouver. There will be continued monitoring of market conditions and client demand in Canada to ensure delivery of marketplace services for Irish companies exporting to western Canada, including Vancouver.

Transfer of Undertakings

Questions (145)

Bríd Smith

Question:

145. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment if the transfer of undertakings obligation on employers will apply to the proposed closure and transfer of business by a bank (details supplied); and if he will make a statement on the matter. [30805/21]

View answer

Written answers

The Tánaiste cannot provide interpretation or comment on whether TUPE regulations would apply in the event of any specific sale/transfer. The Workplace Relations Commission (WRC) hold the role of adjudication in disputes as to applicability of TUPE.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger.

The main provisions of the Regulations provide that all the rights and obligations of an employer under a contract of employment (including terms inserted by collective agreements), other than pension rights , are transferred to the new employer on the transfer of the business or part thereof. The new employer must also continue to observe the terms and conditions of any collective agreements until they expire or are replaced.

Both the outgoing and incoming employers are obliged to inform their respective employees’ representatives of, inter alia, the reasons for the transfer and the legal, social and economic implications of the transfer.

Complaints relating to alleged contravention of the 2003 Regulations can be brought in the first instance to an Adjudication Officer of the WRC and, on appeal, to the Labour Court. Any such case should be taken within six months of the date on which an employee considers that there has been a contravention of the Transfer of Undertakings Regulations.

Immigration Policy

Questions (146)

Catherine Murphy

Question:

146. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the date on which the review of Economic Migration – Review of the Occupational Lists being undertaken by his Department will be completed and published; his plans to enhance the occupational lists to include physiotherapists in view of the fact that there is a shortfall of physiotherapists, particularly in private physiotherapy practices which is contributing to lengthening waiting lists for treatment as highlighted in the submission to his Department by an organisation (details supplied); and if he will include a provision in order to recruit physiotherapists from outside the EU. [30819/21]

View answer

Written answers

On 14 June, following a comprehensive review of the employmernt permit occupation lists, I announced that I have decided to make changes to the employment permit system, with immediate effect, to address skills and labour shortages in the healthcare and nursing home sector.

The occupations of Healthcare Assistants, Social Workers, Occupational Therapists, Physiotherapists, and Speech and Language Therapists are now eligible for an Employment Permit and Dieticians can apply for Critical Skills Employment Permit.

I decided to remove the occupation of Physiotherapist, as well as Health Care Assistant, Social Worker, Occupational Therapist and Speech and Language Therapist from the ineligible list following consideration of evidence establishing the difficulties the sector is having in recruitment, exacerbated by Covid-19 as well as the significant planned expansion in HSE recruitment.

Employment Rights

Questions (147)

Holly Cairns

Question:

147. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on a report by organisations (details supplied) concerning employment conditions in Ireland; and if he will make a statement on the matter. [30843/21]

View answer

Written answers

I welcome the publication of the report ‘Monitoring Decent Work in Ireland’ from the Irish Human Rights and Equality Commission and the Economic and Social Research Institute. Research in this area is highly valuable for informing policy development. I take positives from this report such as employment rates growing for many of these groups over the period 2014 to 2019 as an indicator of a pre-pandemic baseline. I also note that there is still progress to be made in relation to challenges which young workers, people with disabilities, ethnic minorities, lone parents and those with lower educational attainment face when trying to access decent work, when compared to the general population.

One of the key lessons highlighted in the report is in relation to the need for robust and widespread disaggregated data in order to better understand equality in Ireland. There has been other recent work in this space with the publication of the report ‘Ireland's UN SDGs – Goal 8 Decent Work and Economic Growth, 2021’ which is the 8th in a series of publications from the Central Statistics Office monitoring how Ireland is progressing towards meeting its targets under the 17 Sustainable Development Goals (SDGs) from the United Nations. This report was done in collaboration with my Department and provides indicators in relation to decent work, employment rights and policies, economic growth and infrastructure. Together with the work from the Irish Human Rights and Equality Commission and ESRI report it will allow for better ongoing monitoring of Ireland’s current position on decent work.

My Department also continues to work to promote decent work by strengthening employment rights. Ireland has a comprehensive body of employment, equality and industrial relations legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees who are legally employed on an employer-employee basis. Therefore, once it is clear that a person is working under a contract of service, on a full-time or part-time basis, that person has the same protection under employment law as other employees. Employment rights legislation was strengthened by the addition of the Employment (Miscellaneous Provisions) Act 2018 which prohibited zero-hour contracts except in the following circumstances:

- Where the work is of a casual nature;

- Where the work is done in emergency circumstances; or

- Short-term relief work to cover routine absences for the employer

My Department will continue to work on multiple aspects of decent work such as those outlined in the ESRI report: access to work; adequate earnings; employee voice; security and stability of work; equality of opportunity and treatment in employment; and health and safety. The Deputy will also be aware of Government commitments to progress a living wage and a statutory sick pay scheme.

Departmental Expenditure

Questions (148)

Carol Nolan

Question:

148. Deputy Carol Nolan asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of the expenditure incurred by staff in his Department under the heading of travel and subsistence from 1 January 2020 to date; and if he will make a statement on the matter. [30863/21]

View answer

Written answers

The total expenditure incurred by staff of my Department and its offices under the heading of travel and subsistence from 1 January 2020 to date (end May 2021) was €747,036.

Travel and Subsistence expenditure has been significantly curtailed since March 2020 due to the impact of the Covid-19 pandemic on travel.

Despite restrictions, essential travel has still been required, particularly for inspection activities in the areas of workplace safety and employment rights.

Departmental Reviews

Questions (149)

Carol Nolan

Question:

149. Deputy Carol Nolan asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of each value for money and policy review conducted by his Department from 1 January 2019 to date; if external costs were incurred; if so, the details of such costs; and if he will make a statement on the matter. [30880/21]

View answer

Written answers

Details of value for money and policy reviews conducted by my Department during the period in question are set out in the table below.

Details of Value for Money/Policy Review

External ContractYes/No

Cost of External Contract

Review of SME and Entrepreneurship policies

Yes

The total budget was €300,000 of which €200,000 was paid in 2018 with the remaining €100,000 paid in June 2019.

Review of the Microenterprise Loan Fund Scheme

Yes

€84,616

Evaluation of the Enterprise Ireland Research, Development and Innovation Programme

Yes

€79,825

Spending Review of the Disruptive Technologies Innovation Fund (published October 2020)

No

n/a

Review of Industrial and Provident Societies Acts 1893-2018 to inform preparation of a Co-operative Societies Bill

No

n/a

Review of the Brexit Loan Scheme and COVID-19 Working Capital Scheme

No

n/a

Review of first Restart Grant programme

No

n/a

Review of first phase of Small Business Assistance Scheme for Covid

No

n/a

Capital Expenditure Review: 2006 -2018

No

n/a

Spending Review 2020: Review of the Disruptive Technologies Innovation Fund

No

n/a

Spending Review 2019: Focused Policy Assessment of Capital, Employment and Training Supports

No

n/a

2020 ex-ante appraisal of DETE supported loan schemes

No

n/a

Small and Medium Enterprises

Questions (150)

Michael Fitzmaurice

Question:

150. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports available for small businesses who are struggling to reopen in the weeks ahead with a turnover of less than €50,000 and who are not eligible for the business grants available due to their size; and if he will make a statement on the matter. [30906/21]

View answer

Written answers

The Small Business Assistance Scheme for COVID was introduced to help businesses not eligible for the Government’s COVID Restrictions Support Scheme (CRSS) and the Fáilte Ireland Business Continuity grant or other direct sectoral grant schemes. The 2nd and expanded phase of this scheme is now open for applications through Local Authorities.

I recognise that there were some businesses that didn't meet the eligibility criteria for SBASC and that is why earlier this month the Government agreed to expand the SBASC scheme which will now take into account businesses who do not pay rates and also businesses that have a turnover below €50,000.

Businesses who do not pay rates will now be able to apply for a grant of €4,000 and businesses who have a turnover of between €20,000 and €49,999 will be able to apply for a grant of €1,000. The purpose of this scheme is to help businesses with fixed costs associated with running a business. The closing date for receipt of applications to Local Authorities is 21st July.

Further details of the scheme including all eligibility criteria is available on my Department's website www.enterprise.gov.ie and on Local Authority websites.

Covid-19 Pandemic

Questions (151)

Neale Richmond

Question:

151. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if restrictions on time limits for dining will be altered as the Covid-19 vaccination process moves forward; and if he will make a statement on the matter. [30916/21]

View answer

Written answers

The Government has approved measures, based on public health advice, allowing for a planned reopening of the economy and society. Any amendments to restrictions as the roll out of the vaccination programme progresses over the coming months will be based on public health advice.

Enterprise Policy

Questions (152)

David Stanton

Question:

152. Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment when the review by his Department of the casual and occasional trading licensing legislation commenced; if this review has been completed; if so, if the outcome of the review has been published; and if he will make a statement on the matter. [31090/21]

View answer

Written answers

The Casual Trading Act 1995 provides for a control and regulatory system for people trading in public places and involves the issuing of licenses to traders by local authorities who administer the regime in their own respective areas.

In August 2018, the then Minister for Business, Enterprise and Innovation, Minister Humphreys, launched a public consultation process for the Casual Trading Act 1995 to determine its continued fitness for purpose. The legislation has been on the statute book for a number of years and given the changes in retail and trading environments, it was considered an opportune time to review the legislation. The consultation sought the views of interested parties, including local authorities, on matters relating to the Act.

My Department engaged a legal researcher to examine the submissions received to the public consultation exercise and to prepare an options paper which would provide the basis for a policy review of the legislation. While this was completed last year, unfortunately it has not been possible to progress the review of the Act any further due to the necessity of pursuing other priorities and responding to demands arising in the context of Brexit and COVID-19. It is envisaged that the review of the Act will continue when time and resources allow.

In the meantime, local authorities continue to operate the provisions of the Casual Trading Act 1995 as before.

Workplace Relations Commission

Questions (153)

Martin Browne

Question:

153. Deputy Martin Browne asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Tipperary. [31135/21]

View answer

Written answers

The 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.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.

Every breach is followed up on by the WRC and appropriate action taken to ensure workers’ rights are protected.

Table 1 sets out the breakdown of breaches by sector and type in County Tipperary for 2019 and 2020.

https://data.oireachtas.ie/ie/oireachtas/debates/questions/supportingDocumentation/2021-06-15_pq153_en.docx

Workplace Relations Commission

Questions (154)

Mick Barry

Question:

154. Deputy Mick Barry asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of unannounced inspections by the Workplace Relations Commission of fishing vessels eligible for the atypical work permit scheme for non-EEA fishers that have taken place in the past 12 months; the number of instances of non-compliance that were detected on these inspections; the categories of non-compliance that were detected; the consequences for the vessel owners; and if he will make a statement on the matter. [31188/21]

View answer

Written answers

The Workplace Relations Commission (WRC) contributes to multi-agency efforts to enforce the Atypical Worker Permission Scheme for Non-EEA Workers engaged on certain Irish-registered whitefish fishing vessels which was introduced by the Department of Justice and Equality in February, 2016 . Some 180 fishing vessels come within the scope of that Scheme.

Arising from the Covid-19 pandemic and in line with the Health Services Executive (HSE) and Government advice regarding non-essential services at the time, on-site employment-rights related inspection activity by WRC inspectors was suspended for a period with effect from 13 March, 2020. From early-June 2020, in addition to their statutory functions, all WRC Inspectors have been deployed in support of the Health and Safety Authority in ensuring that Covid-19 Return to Work Safety Protocols are being observed in specified sectors. To the period June 2020 to end May this year WRC inspectors completed almost 6,800 such Covid-19 visits which were carried out alongside the WRC broader remit. All such visits and inspections must be carried out in a manner that does not place the WRC staff or the management and/or employees at hazard in the context of Covid-19.

Where on-site inspection activity was not advisable in current circumstances, the WRC undertook remote inspections of employment law compliance across all sectors in 2020 and to date this year by means of interviews with employers and employees by way voice or video call and examination of records and documentation made available to the WRC through a secure share file facility. In terms of fisher activity, some 36 inspections which included one on-board inspection were completed in the fisheries sector in the 12-month period 1st June 2020 to 31st May 2021, covering some 40 vessels coming within the scope of the Atypical Scheme. Some 454 fisheries inspections have now been undertaken by WRC Inspectors since the introduction of the Atypical Scheme.

43 contraventions of employment rights or employment permits legislation were detected in the fisheries sector in the 12-month period to 31st May, 2021. This brings to 323 the number of contraventions detected by WRC Inspectors since the introduction of the Atypical Scheme. These 43 contraventions can be categorised as follows:

- Failure to grant Annual Leave and Public Holiday entitlements (11)

- Unauthorised deductions from wages (3)

- Failure to cooperate and/or comply with a lawful direction (9)

- Failure to pay the National Minimum Hourly rate of pay (3)

- Employment of fishers without permission (5)

- Contraventions of Atypical Worker Scheme (3)

- Contraventions of Working Time Regulations (referred to Department of Transport) (8)

- Contravention of safety training regulations (referred to Department of Transport) (1)

Fishing vessel owners who do not effect compliance on a voluntary basis, following the issue of a Contravention Notice, will, depending on the legislation involved, be issued with a Compliance Notice or Fixed Payment Notice or face prosecution. Current policy provides for the initiation of prosecution proceedings in relation to the offence of employing a non-EEA national without a valid permission to work.

54 fisheries investigations/cases were closed during the 12-month period to end May 2021. Currently, there are open investigations in a further 51 cases, in 7 of which legal proceedings have been issued while Contravention Notices have issued in 11 cases. Investigations are on-going in the remaining 36 cases.

Workplace Relations Commission

Questions (155)

Mick Barry

Question:

155. Deputy Mick Barry asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress the Workplace Relations Commission has made into its enquiries regarding the report made to it by an organisation (details supplied) regarding the employment of three Egyptian nationals outside the terms of the atypical work permit scheme for non-EEA fishers on the FV Ellie Adhamh; and if he will make a statement on the matter. [31189/21]

View answer

Written answers

At the outset I should emphasise that the Workplace Relations Commission inspectorate service is independent in its functions and does not comment on any ongoing investigations.

I understand that the Workplace Relations Commission (WRC) received a communication on 18th April this year from this organisation concerning two Egyptian nationals who survived the sinking of this fishing vessel and a third Egyptian national, who, it was claimed, was also employed on, but was not on board, that vessel when it sunk. The organisation claimed that these three fishers were undocumented and did not have the required permission to work under the Atypical Worker Permission Scheme for fishers.

I understand that the Department of Justice has confirmed that two of the three fishers hold a Stamp 1 permission.

The WRC has advised that it is following up on any issues raised in the organisation’s communication which fall within the Commission’s areas of responsibility and the organisation concerned will be informed of the outcome as complainant.

Workplace Relations Commission

Questions (156)

Imelda Munster

Question:

156. Deputy Imelda Munster asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Louth. [31201/21]

View answer

Written answers

The 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.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.

Every breach is followed up on by the WRC and appropriate action taken to ensure workers’ rights are protected.

Table 1 sets out the breakdown of breaches by sector and type in County Louth for 2019 and 2020.

Table

Workplace Relations Commission

Questions (157)

Imelda Munster

Question:

157. Deputy Imelda Munster asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 1 June 2021, the breakdown by sector and type of breach detected by the Workplace Relations Commission investigations in relation to the list of employment law breaches for County Meath. [31202/21]

View answer

Written answers

The 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.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. Table 1 sets out the breakdown of breaches by sector and type in County Meath for 2019 and 2020.

Table

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