Written Answers Nos. 144-163
144. Deputy Catherine Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 297 of 11 November 2019, the 1977 High Court case that was referred to in which it was established that retired workers are classified with the status of retired rather than worker; and if he will make a statement on the matter. [47291/21]
View answerThe information requested is being collated and will be sent to the Deputy directly.
145. Deputy Brendan Griffin asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will make it possible for persons from outside the EU to come to Ireland on work permits to work in agriculture, particularly in the dairy sector; and if he will make a statement on the matter. [47346/21]
View answerThe employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, in circumstances where there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.
The system is managed through the use of lists designating highly skilled and ineligible occupations. In order to maintain the relevance of these lists of occupations to the needs of the economy and to ensure their ongoing relevance to the State’s human capital requirements, they undergo twice-yearly evidence-based reviews. The reviews are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN), the Skills and the Labour Market Research Unit (SLMRU), SOLAS and involves public/stakeholder consultation. Account is taken of education outputs, sectoral upskilling and training initiatives and known contextual factors such as Brexit and, in the current context, COVID-19 and their impact on the labour market. Consideration is also taken of the views of the Economic Migration Interdepartmental Group, chaired by my Department and of the relevant policy Departments. Officials from the Department of Agriculture, Food and the Marine are represented on the Economic Migration Interdepartmental Group.
In May 2018, my Department introduced a pilot quota-based scheme to remove the occupations of horticulture worker, meat processing operative and dairy farm assistant from the ineligible occupations list. This pilot scheme proved very successful for a range of employers in the sector and 150 permits were made available to the dairy sector. These three quotas created for dairy farm assistant, horticulture worker and meat processing operative have now been filled.
A review of the occupations lists for employment permits is currently well underway with submissions received from a range of sectors - including from the dairy sector - which are under active consideration. It is expected that the review will be finalised in the coming weeks with any changes necessary to deal with verified skills or labour shortages taken at that time.
146. Deputy Robert Troy asked the Minister for the Environment, Climate and Communications if he will address the timeframes given by NBI with regard to the national broadband roll-out; and if his Department is addressing this matter given the current reliance on a dependable broadband infrastructure in addition to the fact that more and more people are working remotely. [47282/21]
View answerThe National Broadband Plan (NBP) State led Intervention will be delivered by National Broadband Ireland (NBI) under a contract to roll out a high speed and future proofed broadband network within the Intervention Area which covers 1.1 million people living and working in the over 544,000 premises, including almost 100,000 businesses and farms along some 699 schools. I appreciate people's frustration when they are living so close to a fibre network but cannot get a connection to that network, particularly given the heightened importance of connectivity during the Covid-19 pandemic. The NBP will ensure that in all such cases a future proofed high speed broadband network will be built to serve these premises and work to deliver on this is underway.
Design work is complete or ongoing in target townlands across every county in Ireland with over 257,000 premises surveyed as of 17 September. This survey work is feeding into detailed designs for each deployment area and premises are now connected in Cork, Cavan, Galway and Monaghan. Retail Service Providers are actively selling on the NBI Network with almost 23,000 premises (across Cavan, Cork, Limerick, Monaghan and Galway) now available for order and pre-order through local broadband service providers
Further details are available on specific areas across the country through the NBI website which provides a facility for any premises within the intervention area to register their interest in being provided with deployment updates through its website www.nbi.ie. Individuals who register with this facility will receive regular updates on progress by NBI on delivering the network and specific updates related to their own premises as works commence. NBI has a dedicated email address, reps@nbi.ie, which can be used by Oireachtas members for specific queries.
In addition to the challenges to the delivery of the NBP due to the Covid-19 pandemic, NBI has faced a range of other challenges due to the sheer scale and complexity of rolling out fibre to the home in a rural environment. These include significant tree trimming to ensure cable can be placed on overhead poles, remediation of ducting that has been in place for many decades, the co-ordination of hundreds of contracting crews and addressing the many issues arising week on week which could not have been foreseen until the build crews commenced work on the ground. My Department has worked closely with NBI to put in place a remedial plan under the Contract. This plan addresses delays experienced by NBI, primarily arising as a result of the Covid-19 pandemic, and re-baselines milestones for 2021. Work is underway to re-baseline milestones for 2022 and beyond. This has resulted in some changes to timeframes for connection for end users.
Given the scale and complexity of delivery of the new high speed broadband network under the NBP, I am advised that any dates provided by NBI on its website are based on the best available information at the time and may be subject to change. NBI has recently published details of its full deployment schedule on its website, www.nbi.ie , which enables all premises within the intervention area to have an anticipated service activation date range.
Broadband Connection Points (BCPs) are a key element of the NBP providing high speed broadband in every county in advance of the roll out of the fibre to the home network. As of 17 September, 373 BCP sites have been installed by NBI and the high speed broadband service will be switched on in these locations through service provider contracts managed by the Department of Rural and Community Development for publicly accessible sites and the Department of Education for school BCPs. Further details can be found at nbi.ie/bcp-map/.
My Department continues to work with the Department of Education to prioritise schools with no high speed broadband, within the Intervention Area, for connection over the term of the NBP. In this regard, an acceleration of this aspect of the National Broadband Plan was announced in December which will see some 679 primary schools connected to high speed broadband by 2022, well ahead of the original target delivery timeframe of 2026. Further details are available on the NBI website at nbi.ie/primary-schools-list/.
147. Deputy Jennifer Whitmore asked the Minister for the Environment, Climate and Communications the amount of revenue generated from the carbon tax 2021 that has been spent to date funding the national retrofitting programme; the number of homes that have been retrofitted as a result of this funding; and if he will make a statement on the matter. [47241/21]
View answerThe Programme for Government and the Climate Action Plan set ambitious targets to retrofit 500,000 homes to a Building Energy Rating of B2/cost optimal and to install 400,000 heat pumps in existing buildings by end 2030. The development of the national retrofit plan to achieve these targets is well underway. Some €221.5 million in capital funding has been provided this year for SEAI residential and community retrofit programmes, including the Solar PV scheme and the Building Energy Rating programme, of which €113 million is Carbon Tax revenue.
Of the total budget, €109 million is allocated to provide free upgrades for lower income households with the balance of €112.5 million to be spent on expanding existing SEAI residential and community grant schemes and introducing new initiatives.
Of the overall capital allocation for 2021, €48.9 million has been spent as of 16 September and over 5,600 homes have been retrofitted. It is important to note that extensive COVID-19 related restrictions on construction activity between January and mid-April had a significant impact on activity this year. Output has also been negatively impacted by challenges associated with availability and longer lead times for materials. Every effort is being made to maximise output over the coming months.
148. Deputy Jennifer Whitmore asked the Minister for the Environment, Climate and Communications the steps he has taken to mitigate the energy price hike over the past year; the reason for his views that Ireland’s energy security is not currently being threatened by national and international factors; and if he will make a statement on the matter. [47249/21]
View answerI have no role surrounding the regulation of energy prices. This is a matter for the Commission for Regulation of Utilities (the CRU). The majority of the natural gas consumed in Ireland is imported from the UK which has a range of diverse sources including domestic production, pipeline imports and LNG imports. There are no issues with natural gas supply from the UK and gas is continuing to flow and be traded normally in Ireland.
The CRU has statutory responsibility to monitor and take measures necessary to ensure the security of electricity supply in Ireland and has advised of a number of challenges to our electricity supply system.
These challenges include lower than expected availability of some existing power stations; anticipated new power stations not being developed as planned; expected growth in demand for electricity including due to the growth of data centres; and the expected closure of power stations that make up approximately 25% of conventional electricity generation capacity over the coming years.
There is a range of actions being taken by the CRU which they have set out in an information note published yesterday.
149. Deputy Jennifer Whitmore asked the Minister for the Environment, Climate and Communications if he has carried out a poverty analysis of the impact that energy price-hikes are having on those most vulnerable; the way that his Department is applying a just transition model to the current situation; and if he will make a statement on the matter. [47250/21]
View answerThe electricity and gas retail markets in Ireland operate within a European Union regulatory regime wherein electricity and gas markets are commercial, liberalised, and competitive. Operating within this overall EU framework, responsibility for the regulation of the electricity and gas markets is solely a matter for the Commission for Regulation of Utilities (CRU). Given that prices are not regulated, they are set by all suppliers as entirely commercial and operational matters by them. The position of successive Governments, for almost twenty years, has been that competitive energy markets result in greater choice for consumers and businesses, in terms of suppliers, products and prices and to support competition to drive down prices. Data from approved price comparison sites shows that consumers can make significant savings by switching energy suppliers and this can mitigate the impact of price rises for consumers. Protections are in place for those falling into difficulty with their energy bills. Under the supplier led voluntary Energy Engage Code, suppliers will not disconnect a customer who is engaging with them. Suppliers must also provide every opportunity to customers to avoid disconnection and must identify customers at risk of disconnection and encourage them to engage with them as early as possible. Suppliers are also obliged to offer a range of payment options, such as a debt-repayment plan for a customer in arrears. Where possible, suppliers must also offer customers with difficulties paying their bills a prepayment meter or budget controller.
Income supports including the Fuel Allowance and the Household Benefits Package are available from the Department of Social Protection (DSP) to help households with the costs of heating their homes. The Fuel Allowance payment, of €28.00 per week for 28 weeks, which is a total of €784 from October to April, will be provided to approximately 370,000 low-income households. The purpose of this payment is to assist these households with their energy costs. In addition, the Minister for Social Protection also provides an electricity or gas allowance under the Household Benefits scheme. This is paid at a rate of €35 per month, 12 months of the year. In addition, DSP also funds an exceptional needs payment, which can include support with fuel bills in some cases.
Improving the energy efficiency of a home can also help to protect households from energy poverty. This year, €221.5 million in capital funding has been allocated to SEAI residential and community retrofit programmes. This represents an 82% increase on the 2020 allocation and is the largest amount ever for the schemes. Of this amount, €109 million is allocated to provide free upgrades for lower income households. An Additional €65 million is allocated to improve the energy efficiency of social housing.
150. Deputy Brendan Smith asked the Minister for the Environment, Climate and Communications if detailed consideration will be given to issues raised in correspondence by a local authority (details supplied); and if he will make a statement on the matter. [47266/21]
View answerI am aware of phone customers in Ireland recently experiencing an escalated level of nuisance scam calls and smishing and that they can cause considerable distress and anxiety, in addition to causing some customers to incur additional charges.
It is not possible, from a telecoms point of view, to assess the level of scam call activity or to quantify it with any accuracy. While operators may notice an upsurge in traffic or change in patterns of traffic, this might not be related to scam calls.
While I understand that it is not possible to identify scam call numbers in advance, which can resemble normal, familiar geographical or international numbers encountered on a daily basis, the Regulator has published information for consumers in relation to this issue, at www.comreg.ie/consumer-information/mobile-phone/scam-calls-2/. This provides advice urging vigilance at all times on the part of consumers and listing suggestions for the proactive steps to be taken by those receiving scam calls, and in particular, advising people not to answer, or to call back any number which they do not recognise or where there is a bland or no voicemail left. The notice also provides a phone number for consumers to contact and the Regulator also offers a text call back service and other facilities to assist consumers.
I understand that An Garda Siochána has also raised public awareness to warn phone users on the need to remain continually alert with respect to calls and text messages
Unfortunately, there is no immediate technical or (telecoms) legislative solution to scam calls, or smishing. I understand that industry operators are actively analysing the position at network level and the matter continues to be monitored by the Regulator.
The advice to the public remains focussed on the importance of being vigilant.
151. Deputy Neale Richmond asked the Minister for the Environment, Climate and Communications the number of premises in each county connected under the National Broadband Plan since the roll-out commenced; the number that remain to be connected; and if he will make a statement on the matter. [47292/21]
View answerThe National Broadband Plan (NBP) State led Intervention will be delivered by National Broadband Ireland (NBI) under a contract to roll out a high speed and future proofed broadband network within the Intervention Area which covers 1.1 million people living and working in the over 544,000 premises, including almost 100,000 businesses and farms along some 699 schools.
Design work is complete or ongoing in target townlands across every county in Ireland with over 257,000 premises surveyed as of 17 September. This survey work is feeding into detailed designs for each deployment area and premises are now connected in Cork, Cavan, Galway and Monaghan. Retail Service Providers are actively selling on the NBI Network with almost 23,000 premises (across Cavan, Cork, Limerick, Monaghan and Galway) now available for order and pre-order through local broadband service providers
Further details are available on specific areas across the country through the NBI website which provides a facility for any premises within the intervention area to register their interest in being provided with deployment updates through its website, www.nbi.ie. Individuals who register with this facility will receive regular updates on progress by NBI on delivering the network and specific updates related to their own premises as works commence. NBI has a dedicated email address, reps@nbi.ie, which can be used by Oireachtas members for specific queries.
In addition to the challenges to the delivery of the NBP due to the Covid-19 pandemic, NBI has faced a range of other challenges due to the sheer scale and complexity of rolling out fibre to the home in a rural environment. These include significant tree trimming to ensure cable can be placed on overhead poles, remediation of ducting that has been in place for many decades, the co-ordination of hundreds of contracting crews and addressing the many issues arising week on week which could not have been foreseen until the build crews commenced work on the ground. My Department has worked closely with NBI to put in place a remedial plan under the Contract. This plan addresses delays experienced by NBI, primarily arising as a result of the Covid-19 pandemic, and re-baselines milestones for 2021. Work is underway to re-baseline milestones for 2022 and beyond. This has resulted in some changes to timeframes for connection for end users.
Given the scale and complexity of delivery of the new high speed broadband network under the NBP, I am advised that any dates provided by NBI on its website are based on the best available information at the time and may be subject to change. NBI has recently published details of its full deployment schedule on its website, www.nbi.ie, which enables all premises within the intervention area to have an anticipated service activation date range.
Broadband Connection Points (BCPs) are a key element of the NBP providing high speed broadband in every county in advance of the roll out of the fibre to the home network. As of 17 September, 373 BCP sites have been installed by NBI and the high speed broadband service will be switched on in these locations through service provider contracts managed by the Department of Rural and Community Development for publicly accessible sites and the Department of Education for school BCPs. Further details can be found at nbi.ie/bcp-map/.
My Department continues to work with the Department of Education to prioritise schools with no high speed broadband, within the Intervention Area, for connection over the term of the NBP. In this regard, an acceleration of this aspect of the National Broadband Plan was announced in December which will see some 679 primary schools connected to high speed broadband by 2022, well ahead of the original target delivery timeframe of 2026. Further details are available on the NBI website, at nbi.ie/primary-schools-list/.
152. Deputy Alan Dillon asked the Minister for the Environment, Climate and Communications the supports that are in place for owners of dormer houses that do not qualify for SEAI insulation funding; and if he will make a statement on the matter. [47302/21]
View answerMy Department funds a number of SEAI grant schemes to support homeowners to improve the energy efficiency of their properties. Partial grants are available for individuals that can afford to contribute to the cost of upgrades as well as free energy efficiency retrofits for people at risk of energy poverty.
Since 2000, over 450,000 homeowners have upgraded their homes with support from these schemes, representing nearly one home in four across the country. This has resulted in warmer, healthier and more comfortable homes that are easier and cheaper to heat and light.
Support to upgrade dormer bungalow homes is available under SEAI grant schemes. However, SEAI have advised that the technical requirements to address these homes can be challenging due to the construction style and the follow on insulation and ventilation requirements. Further information on SEAI grants is available at www.seai.ie or by contacting SEAI directly at 1850 927 000.
153. Deputy Niall Collins asked the Minister for the Environment, Climate and Communications the status of a matter (details supplied) regarding governance of semi-State organisations; and if he will make a statement on the matter. [47363/21]
View answerThe question relates to a request submitted to the Department of Public Expenditure and Reform under the European Communities (Access to Information on the Environment) Regulations. I have no role in this process.
154. Deputy David Stanton asked the Minister for Transport the position regarding converting to an Irish driving licence for a person in receipt of an existing ten-year EU driving licence but whose original first licence was issued in Ukraine; if such an EU licence is reckonable as an E- issued licence for the purposes of exchange; and if he will make a statement on the matter. [47278/21]
View answerIrish driver licensing operates within a framework of EU law. This law exists to ensure that people licensed to drive on our roads meet the high standards of safety set out at EU level for passing a driving test. Therefore, a holder of a Member State-issued licence who moves to Ireland can drive on that licence until the licence expires. On expiry, the licence holder can then exchange their licence for an Irish licence.
The exception to this rule is where the licence issued by the other Member State was itself issued in exchange for a licence from a state that is not a Member State, or a state that Ireland does not have a licence exchange agreement with. The Road Traffic (Recognition of Foreign Driving Licences) Order 2007 (SI 527 of 2007) refers.
Ireland currently does not have a licence exchange agreement with Ukraine, though the Road Safety Authority is examining the possibility of such an agreement being made in the future.
When people come to Ireland with a non-exchangeable licence, they are required to go through the process of obtaining an Irish licence. While many may have a safe driving record, we have no way of measuring the standard of the driving test passed to obtain the licence.
People with a full but non-exchangeable licence go through the normal learner driver process, but they can avail of the shorter Essential Driver Training of six lessons, instead of the usual 12, and they do not have to be a learner for the usual minimum of six months before applying to take a driving test.
155. Deputy Sean Sherlock asked the Minister for Transport the status of a safety audit that was carried out at a location (details supplied). [47284/21]
View answerAs Minister for Transport I have responsibility for overall policy and securing exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code Guidelines and the necessary statutory approvals.
In this context, TII is best placed to advise you on the outcome of the Safety Audit on the N73 that you refer to.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
156. Deputy Martin Browne asked the Minister for Transport the reason that there has been no extension to the time period for which IBT training is valid for those whose motor bike driving tests have been delayed by Covid-19 and the resulting backlog in tests; and if he will make a statement on the matter. [47294/21]
View answerThe validity period of Initial Basic Training (IBT) certificates is set out in legislation. Making a change to the validity of an existing certificate requires a change in law.
The Road Safety Authority and the Department of Transport announced a further extension to certificates for motorcycle Initial Basic Training (IBT), in order to take account of the impact of the pandemic.
The extension was made depending on when an IBT cert was issued, for certs issued between 01 March 2018 -30 June 2019 as follows-
(a) an IBT certificate issued during the period beginning on 01 March 2018 and ending on 30 June 2018 is valid until 01 October 2021,
(b) an IBT certificate issued during the period beginning on 01 July 2018 and ending on 31 August 2018 is valid for a period of 3 years and 2 months from the date of issue, and
(c) an IBT certificate issued during the period beginning on 01 September 2018 and ending on 30 June 2019 is valid for a period of 3 years from the date of issue.
No further extensions are being considered at this time.
157. Deputy Cormac Devlin asked the Minister for Transport the new cycling infrastructure projects which have been approved in Dún Laoghaire Rathdown as of September 2021; the progress of the Sutton to Sandycove S2S coastal promenade and cycleway; if the project will be considered as a priority in the NDP; and if he will make a statement on the matter. [47354/21]
View answerAhead of its publication in the near future, I am not in a position to discuss the contents of the upcoming National Development Plan (NDP). I can assure the Deputy, however, that Active Travel and the provision of walking and cycling infrastructure in our cities, towns and villages is and will remain a key priority of Government. This is reflected in the commitment under the Programme for Government which allocates approximately €360 million per annum to walking and cycling on a whole-of-Government basis for the period 2021-2025.
As Minister for Transport, I have responsibility for overall policy and securing exchequer funding for Active Travel projects. The National Transport Authority (NTA) has responsibility for the development, implementation and oversight of public transport and active travel infrastructure, allocating the funding provided by my Department at project level and working in conjunction with the relevant local authorities to ensure that projects are delivered.
Noting the above position, I have referred the Deputy's specific query in relation to cycling infrastructure projects in Dún Laoghaire Rathdown and the progress of the Sutton to Sandycove cycleway to the NTA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.
158. Deputy Cormac Devlin asked the Minister for Transport the progress of the Programme for Government commitments to prioritise plans for the delivery of MetroLink, Luas and other light rail expansion, DART expansion and interconnector and BusConnects; if the projects will be considered as a priority in the National Development Plan 2017-2028; and if he will make a statement on the matter. [47355/21]
View answerSince the publication of the Programme for Government - Our Shared Future last year much progress has been made on the investment programme for public transport. The Preliminary Business Cases for the MetroLink, BusConnects and DART+ were submitted to my Department for review earlier this year and I expect to bring all three to Government for approval in line with the requirements set out in the Public Spending Code.
Next year applications for railway orders for MetroLink and the DART+ West project will be submitted to An Bord Pleanála, as will the planning applications for the BusConnects Core Bus Corridors.
The roll out of the BusConnects Network Redesign began this year with the first phase - the H-Spine - launched in June and the second – the C-Spine – scheduled for Q4.
This year also saw the completion of the Luas Green Line Capacity Enhancement project which, through the addition of new trams and the lengthening of existing ones, added approximately 30% capacity to the Green Line.
In April this year I issued approval under the Public Spending Code’s Decision Gate 0 (Strategic Assessment) to Luas Finglas and that means the project is continuing its development progress with a further public consultation to be held on the Preferred Route, probably in Q4 this year.
Work is also underway on the Cork Light Rail Transit project, while the forthcoming public consultation process on the draft Transport Strategy for the Greater Dublin Area will have a range of supporting analyses into heavy rail and light rail proposals in the GDA.
I am sure the Deputy will agree that significant progress has been made and with the publication of the revised National Development Plan next week I am confident that this progress will continue apace over the next few years.
159. Deputy Cormac Devlin asked the Minister for Transport the status of plans to expand 24 hour bus routes and services to support the Programme for Government commitment to create a night-time economy; and if he will make a statement on the matter. [47356/21]
View answer160. Deputy Cormac Devlin asked the Minister for Transport the status of the resumption of the Nitelink bus service in Dublin; if the service will resume to support the night-time economy as Ireland enters the next phase of the easing of Covid-19 restrictions as expected on 22 October 2021; and if he will make a statement on the matter. [47357/21]
View answerI propose to take Questions Nos. 159 and 160 together.
As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. However, I am not involved in the operations of public transport.
The National Transport Authority (NTA) has statutory responsibility for securing the provision of public passenger transport services nationally and for the scheduling of these services in conjunction with the relevant transport operators.
I have, therefore, forwarded the Deputy's questions to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
161. Deputy Éamon Ó Cuív asked the Minister for Transport the steps he plans to take to assist the haulage industry in view of the difficulties posed by Brexit and the rapid rise in fuel costs; if he plans to amend the rules in relation to hours worked by drivers and the maximum loads allowed on HGVs; and if he will make a statement on the matter. [47398/21]
View answerThe Programme for Government includes a commitment to publish and implement a 10-year Haulage Strategy focused on improving efficiencies, standards, and helping the sector move to a low-carbon future. A consultation document was published in April 2021. Over 40 submissions have been received in response to the public consultation. The intention is to finalise the Strategy before the end of the year.
This is an important Programme for Government commitment, reflecting the importance the haulage sector plays in ensuring the State's supply lines, both nationally and internationally, operate effectively.
Rising costs are an issue across the economy. The latest Consumer Price Index release from the CSO published the CPI figures for August 2021. Prices on average, as measured by the CPI, were 2.8% higher in August 2021 compared with August 2020. This is the largest annual change in prices in almost 10 years.
Notable changes were increases in Transport (+10.2%) and Housing, Water, Electricity, Gas & Other Fuels (+7.3%).
Driver hours regulations set important social and road safety standards and are set at EU level. They can only be temporarily relaxed at a Member State level in justified circumstances, such as weather events.
The rules around maximum loads on HGVs are also safety related and help minimise the repair and maintenance costs associated with the operation of heavier trucks on our roads. There are currently no plans to increase the applicable weight limits for internal combustion engine (ICE) vehicles.
162. Deputy Bernard J. Durkan asked the Minister for Finance when criteria for obtaining primary medical certificates as recommended by the Supreme Court will be implemented; and if he will make a statement on the matter. [47195/21]
View answerTo qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the following medical criteria, in order to obtain a Primary Medical Certificate:
- be wholly or almost wholly without the use of both legs;
- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;
- be without both hands or without both arms;
- be without one or both legs;
- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;
- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.
The medical criteria were included in the Finance Act 2020, by way of amendment to Section 92 of the Finance Act 1989. This amendment arises from legal advice in light of the June 2020 Supreme Court judgement that the medical criteria in secondary legislation was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989 (primary legislation).
163. Deputy Louise O'Reilly asked the Minister for Finance if his attention has been drawn to the situation facing many cardiac patients, who are no longer able to access insurance products as a result of their medical condition, particularly after Brexit, given many insurance providers no longer offer services to the Irish market; and if he will make a statement on the matter. [47239/21]
View answerI understand that the Deputy is referring to life and mortgage protection insurance products in her question. At the outset, it is important to note that neither I, nor the Central Bank of Ireland, can intervene in the provision or pricing of insurance products or have the power to direct insurance companies as to what terms and conditions apply in relation to the provision of cover to specific individuals or businesses. This position is reinforced by the EU framework for insurance (the Solvency II Directive).
It is my understanding that generally, insurers use a combination of rating factors in making their individual decisions on whether to offer such insurance products and what terms to apply. These can include age; health; family medical history; occupation; and lifestyle. In addition, these may be determined or linked to the policy duration. In the case of mortgage protection policies, these tend to be over the lifetime of the repayment schedule. In addition, my understanding is that different insurers do not use the same combination of rating factors. Accordingly, prices and availability of cover varies across the market, and will be priced in accordance with firms’ prior claims experience.
With regard to the specific situation of cardiac patients, my officials contacted Insurance Ireland to get a view. It noted that life insurance products are designed to provide financial support to customers in the event of death or ill-health and insurers are keen to ensure that cover is available where it is needed. They set out that it is not standard practice to automatically decline cover for any cohort of applicants, including those with cardiac conditions. They noted that an insurer is obliged to assess the risk involved as part of any application for a life insurance policy and this will be specific to the individual applicant, and that the availability of this product depends on a number of factors. In this regard, applicants are asked questions about various conditions, like asthma, bronchitis, strokes and any specific cardiac conditions in order for the insurers to assess the risk involved. They concluded that all applicants are assessed against the same criteria, and if higher risk is identified as a result of this assessment then the policy will be adjusted accordingly, and that cover may be declined if the applicant poses a risk beyond the insurer’s threshold.
With regard to the points made in relation to the withdrawal of the UK from the EU, as the Deputy will be aware it is no longer part of the Single Market, including for insurance. As part of the extensive preparations for the end of the withdrawal transition period, European and domestic regulatory authorities, including the Central Bank of Ireland, instructed relevant UK/Gibraltar firms to make and implement contingency plans to ensure that they could continue to provide services to their EU customers post-Brexit. I understand from the Central Bank that a significant majority of these undertakings implemented such measures. Therefore, these insurers should be able to continue to offer insurance business to Irish customers. Insurance Ireland also informed my officials that it is unaware of any insurer selling life insurance in Ireland that has exited due to Brexit.
Finally, where somebody feels they have been treated unfairly by a particular insurance provider, they have the option of making a complaint to the Financial Services and Pensions Ombudsman (FSPO). The FSPO acts as an independent arbiter of disputes which consumers may have with their insurance company or other financial service provider. The FSPO can be contacted either by email at info@fspo.ie or by telephone at 01-567-7000.
