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Tuesday, 9 Nov 2021

Written Answers Nos. 274-296

Mortgage Interest Rates

Questions (274)

Bernard Durkan

Question:

274. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which home borrowers here can expect to be able to borrow at interest rates that prevail throughout Europe and in accordance with the single market; and if he will make a statement on the matter. [54724/21]

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Written answers

I am aware that the general level of new lending interest rates in Ireland are higher than is the case in many other European countries, though it should also be noted that recent trends indicate that certain mortgage rates have been falling in Ireland. For example, the interest rates on new fixed rate mortgages (excluding renegotiations) have fallen from 4.11% in December 2014 to 2.62% in August 2021.

However, Irish mortgage and other loans can have different characteristics from those offered in other countries. For example, many Irish banks include incentives such as cash back offers, which reduce the effective Irish mortgage interest rate. Also Irish mortgages are also generally not subject to upfront fees which are typically charged by banks in some other EU jurisdictions.

Nevertheless, there are a number of important factors which will likely influence the interest rates charged on Irish mortgages. These include operational costs, certain structural factors as referenced above (such as incentives offered), as well as the fact that pricing will reflect:

- credit risk and capital requirements which in Ireland are elevated due to historical loss experience;

- the level of non-performing loans which is higher in Ireland relative to other European banks (as provisioning and capital requirements are higher for these loans to reflect their higher risk and this in turn results in higher credit and capital costs for the Irish banks);

- higher cost-to-income: growing cost inefficiencies have been a characteristic of the Irish banking sector in recent years;

- there are lower levels of competition in the Irish banking market compared to other jurisdictions (however, it is noted that non-bank lenders are now playing a greater role in the provision of new mortgage credit and are offering long term fixed rate mortgages at competitive interest rates).

The Central Bank has a range of measures to protect consumers who are taking out a mortgage. The consumer protection framework requires lenders to be transparent and fair in all their dealings with borrowers and that borrowers are protected from the beginning to the end of the mortgage life cycle; through protections at the initial marketing/advertising stage, in assessing the affordability and suitability of the mortgage and at a time when borrowers may find themselves in financial difficulties. In particular, the Central Bank introduced of a number of increased protections for variable rate mortgage holders which came into effect in February 2017. The enhanced measures, which are provided for in an Addendum to the Consumer Protection Code 2012, require lenders to explain to borrowers how their variable interest rates have been set, including in the event of an increase. The measures also improve the level of information required to be provided to borrowers on variable rates about other mortgage products their lender provides which could provide savings for the borrower and signpost the borrower to the CCPC’s mortgage switching tool.

The Central Bank also introduced additional changes to the Consumer Protection Code in January 2019 to help consumers make savings on their mortgage repayments, provide additional protections to consumers who are eligible to switch, and facilitate mortgage switching through enhancing the transparency of the mortgage framework. Consumers can reduce average pricing in the mortgage market by availing of switching options to ensure that recent and potential future price reductions through increased competition pass through to the greatest number of customers possible. Indeed the Central Bank advises that a study by it estimated that three in every five ‘eligible’ mortgages for principal dwelling homes stand to save over €1,000 within the first year if they switch and €10,000 over the remain term.

Ultimately, however, the price lenders charge for their loans is a commercial matter for individual lenders. As Minister for Finance I cannot determine the lending policies of individual banks including the interest rates they charge for loans including mortgages. Nevertheless, I will continue to work with the Central Bank and also engage with lenders to encourage, within a framework which seeks to maintain overall financial stability, greater price and other competition in the mortgage market, both for new and existing borrowers.

Brexit Issues

Questions (275)

Bernard Durkan

Question:

275. Deputy Bernard J. Durkan asked the Minister for Finance if he will indicate the ongoing effect of Brexit on the economic performance in Ireland as well as other EU Member States; and if he will make a statement on the matter. [54726/21]

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Written answers

My Department has been to the fore in producing a number of assessments on the economic impact of Brexit. Joint analyses by my Department and the Economic Social Research Institute (ESRI) modelling the macroeconomic impact of Brexit were published in 2016 and 2019. The analyses covered a range of outcomes and possible future relationships between the EU and the UK.

The analyses included a limited Free Trade Agreement based on zero tariffs and zero quotas on the goods side with very little covered in respect of services. Overall this is broadly in line with the Trade and Cooperation Agreement (TCA). Under this Free Trade Agreement scenario, the research found that the level of GDP would be around 2 per cent lower over the medium-term (i.e. 5 years) and around 3 per cent lower over the long-term (i.e. 10 years), compared to a situation where the UK remained in the EU.

In light of the COVID-19 pandemic additional analysis was also jointly undertaken with the ESRI in 2020. The research found that the long term impacts of Brexit were broadly in line with analyses undertaken prior to the pandemic.

The TCA arrangements were introduced on 1 January 2021 across the EU for imports from the UK. In contrast, the UK has chosen to implement the new procedures on its imports from the EU on a phased basis with full customs checks planned to be introduced from the first quarter of 2022. Given this phased introduction, the full economic impact of Brexit will not be evident for some time

The data so far this year show that Irish goods imports from the UK have declined by almost 20 per cent in annual terms. Exports have, however, increased over the same period, as these grew by 25 per cent. The stark divergence between exports to, and imports from the UK, suggest that the diverging non-tarriff barriers have had an immediate impact on bilateral trade.

Notably, most other EU countries also recorded a decline in imports from the UK in the first half of this year, with the share of imports from the UK well below the pre-Brexit share in most EU member states. Exports for the majority of EU member states to the UK have increased in the first half of 2021, however the share of exports to the UK has declined relative to the pre-Brexit period for most EU member states.

The Department will monitor, and report on, additional data over the course of this year and, more importantly, next year once UK customs checks are fully applied by the UK authorities.

Tax Code

Questions (276)

Bernard Durkan

Question:

276. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which corporation tax changes are likely to impact on this country’s future; and if he will make a statement on the matter. [54727/21]

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Written answers

On 8 October, Ireland was among 136 jurisdictions who joined a two pillar international agreement in October to reform the international tax rules to address the challenges of digitalisation. Pillar One of the agreement will see a reallocation of a proportion of profits to the jurisdiction of the consumer, while Pillar Two will see the adoption of a new global minimum effective tax rate of 15% applying to multinationals with global revenues in excess of €750m. The agreement on Pillar Two allows for the retention of our domestic 12.5% corporation tax rate for the 99% of the companies in Ireland that are out of scope of the agreement.

Joining this agreement is an important decision for the next stage of Ireland’s industrial policy - a decision that will ensure that Ireland is part of the solution in respect to the future international tax framework. It is a sensible and pragmatic decision made by Government in Ireland’s interests and ultimately a decision which will provide the conditions to provide long term certainty for business and investors to the benefit of the many thousands of employees across Ireland.

In making a recommendation to Government that Ireland will join this international agreement, it was important to consider the alternative of staying outside the process:

First, it must be recalled that Ireland is a small open economy which is highly connected including with our fellow EU Member States, the United States, and many of the members of the G20 such as the UK, China, Japan, and Australia. These relationships are important for our business, for trade, and society more broadly, and thus it is essential that Ireland continues to stay in line with key international accords particularly one that has the support of 136 jurisdictions including the EU27 and the members of the G20.

Second, if Ireland is not in the agreement we will lose influence in respect to the critical discussions which will take place in the coming months on the implementation rules.

Third, failure to sign up to an agreement will lead to continued uncertainty for businesses operating in Ireland.

Finally and critically, it should be stressed that the design of the global minimum tax means that a country can apply a top-up tax to the subsidiary of a multi-national enterprise which has been taxed below the minimum effective rate. If Ireland is not to apply the global minimum effective tax rate it means that another jurisdiction will collect those taxes. So, not joining an agreement will result not just in reputational risks, but also economic and fiscal risks.

This has been a difficult and complex decision but I believe it is the right one, and I am confident that Ireland will remain competitive into the future, and we will continue to be an attractive location when multi-nationals look to investment locations.

Covid-19 Pandemic

Questions (277)

Bernard Durkan

Question:

277. Deputy Bernard J. Durkan asked the Minister for Finance if he will indicate the future fiscal measures, if any, required throughout the Eurozone in the context of Covid-19 recovery; and if he will make a statement on the matter. [54728/21]

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Written answers

The exceptional economic circumstances of the past eighteen months have seen a strong consensus on fiscal policy across the EU. Coordinated policy actions at EU and national levels have helped to reduce the economic impact of COVID-19. One of the most important of these actions was the activation of the general escape clause (GEC) of the Stability and Growth Pact in March 2020. The activation of the clause allowed for a temporary suspension of the normal operation of the European fiscal rules. In June of this year, the activation of the clause was extended into 2022. As a consequence, Member States can continue to benefit from the flexibility the clause gives to take the necessary fiscal measures required to deal with the impact of the pandemic on the economy and society in general.

As the Deputy will be aware, the European Commission last month published a Communication which relaunched the review of the fiscal governance framework. I strongly welcome the re-opening of the Commission’s review, as I believe now is the right time to discuss possible reforms to the existing fiscal framework in Europe. The Communication also indicated that in the first quarter of 2022, the Commission will provide guidance for budgetary policy for the period ahead, with the purpose of facilitating the co-ordination of fiscal policies. The guidance will reflect the global economic situation, the specific situation of each Member State and discussions on the governance framework. It is critical that we work together in these matters, to ensure we navigate the path to a full and balanced recovery.

Financial Services

Questions (278)

Bernard Durkan

Question:

278. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he and his Department continue to monitor the activities of investment funds here with particular reference to the need to ensure that their activities are strictly in accordance with their operational licence; and if he will make a statement on the matter. [54729/21]

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Written answers

The Central Bank of Ireland is the independent financial regulator in Ireland and is responsible for the authorisation and supervision of investment funds originating in and fund service providers operating in Ireland. The legislative framework that applies to investment funds includes European and domestic legislation along with Central Bank regulations and guidance.

The Central Bank, as the independent financial regulator, is committed to effective supervision in keeping with its mandate to safeguard financial stability, protect investors as well as protecting market integrity. In carrying out this mandate in respect of investment funds, I am advised by the Central Bank of the following:

At the authorisation stage of an investment fund, the Central Bank assesses a number of areas when considering whether the asset composition of a proposed fund is appropriate. Since 2019, all funds seeking to undertake atypical strategies, must make a pre-submission to the Central Bank and receive pre-clearance. In terms of ongoing supervision of the activities of funds in relation to their authorisation, the Central Bank is rigorous in its assessment of risks having regard to the evolving market and risk landscape, ensuring that funds can clearly demonstrate their compliance with their legislative and regulatory obligations is integral to this process.

The Central Bank is constantly seeking to evolve and improve its approach to assessing applications. These processes are targeted at mitigating the prevailing key risks for investors and maintaining the integrity of the market. Using this risk-based approach means that the Central Bank is equally focused on the risks that new funds may introduce into the financial system, as well as the quality of disclosure in fund documentation and continuing compliance with regulatory obligations. The Central Bank’s approach is also informed by the evolving regulatory environment for investment funds, particularly at a European level with respect to: the Central Bank’s risk outlook, work underway at the European Securities and Markets Authority (ESMA), and the regulatory practices in place in other EU and international jurisdictions.

There are two main categories of funds authorised by the Central Bank, UCITS (Undertakings for Collective Investment in Transferable Securities) and Alternative Investment Funds (AIFs). In both cases, the Central Bank of Ireland has the power to revoke or withdraw a fund’s authorisation if certain breaches occur.

UCITS are investment funds regulated at EU level, designed with the retail consumer in mind. The Central Bank may revoke the authorisation of a UCITS if it appears to the Central Bank that any of the requirements for the authorisation of the UCITS are no longer satisfied.

Alternative Investment Funds (AIFs) are any funds that are not UCITS. The Alternative Investment Fund Managers Directive (AIFMD), is not a product based regulation, but is instead focused on the supervision of the asset manager. Under the AIF Regulations, the Central Bank may withdraw the authorisation granted to an AIFM where the AIFM breaches certain conditions, including the contravention of any of the regulations. Additionally, an Alternative Investment Fund Manager (AIFM) must notify the Central Bank before implementation of any proposed changes that would materially affect the basis on which the authorisation had been granted to it, or on which the Central Bank has attached any conditions to the authorisation.

In conclusion, I am advised by the Central Bank that it is rigorous in its assessment and monitoring of the activities of investment funds, with particular regard to the evolving market and risk landscape, and ensuring that funds can clearly demonstrate their compliance with their legislative and regulatory obligations is integral to this process.

Question No. 279 answered with Question No. 130.
Question No. 280 answered with Question No. 267.

Economic Growth

Questions (281)

Bernard Durkan

Question:

281. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he expects the economy to recover over the next year after the relaxation of Covid-19 restrictions; and if he will make a statement on the matter. [54732/21]

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Written answers

Due to the success of our vaccination programme restrictions were eased over the course of the second and third quarters, with the domestic economy recovering strongly as a result. In the second quarter, modified Domestic Demand (MDD) – the best measure of domestic economic activity - surpassed the level immediately preceding the pandemic (2019-Q4) for the first time since the start of the crisis. Higher frequency data, including retail sales and tax receipts, point to a continued improvement in domestic economic activity in the third and fourth quarters, with the resumption of contact-intensive services activity at the beginning of the summer an important tailwind for the domestic economy.

Looking forward, the recovery in the domestic economy is expected to continue, albeit at a more modest pace. My Department published macroeconomic forecasts as part of Budget 2022. These projections assume that there are no further public health restrictions over the short-and medium-term. Under this assumption, MDD growth of 6½ per cent is projected for next year. This is expected to be led by personal consumption and a recovery in construction. The economic recovery is also expected to support a recovery in the labour market, with the level of employment expected to exceed the pre-pandemic peak of just over 2.3 million during the first half of next year.

The rapid rebound in domestic economic activity has also been accompanied by rising inflationary pressures. Consumer price inflation is expected to continue to rise over the rest of the fourth quarter and average 2¼ per cent for 2021 as a whole, with a similar rate expected next year. However, the recent rise in the wholesale price of oil and gas means that there could already be some upside to these projections. Rising energy prices alongside the potential of more prolonged global supply chain disruption poses an upside risk to the outlook for consumer prices, with implications for the broader macroeconomic outlook as well.

The potential emergence of vaccine resistant variants also poses a risk to the economic recovery as this could lead to further infection waves and a re-imposition of public health restrictions.

Brexit Issues

Questions (282)

Bernard Durkan

Question:

282. Deputy Bernard J. Durkan asked the Minister for Finance if he has in mind any further Brexit-related economic interventions; and if he will make a statement on the matter. [54733/21]

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Written answers

My Department has been participating in whole of Government preparations for Brexit since before the UK referendum in 2016. This work intensified during 2020 as part of preparations for the end of the transition period, and has continued since then in response to continuing Brexit developments.

Preparations have been accompanied by a range of budgetary interventions from 2017, including financial supports to help business prepare for and mitigate the impacts of Brexit.

Budget 2021, for example, provided €340 million in Brexit funding through the continuation of existing measures and new supports for sectors and enterprises likely to be most affected. This was on top of over €700 million in successive Budgets since 2017. In addition, a Recovery Fund of €3.4 billion was introduced, allowing specific targeted measures should the need arise in response to both Brexit and COVID-19.

The EU Budget’s Brexit Adjustment Reserve (BAR) allocation to Ireland will complement and enhance national supports. Ireland is set to receive almost €1.1 billion from the BAR which, at just over a fifth of the overall €5 billion fund, it is the largest allocation to any Member State.

Budget 2022 provided for around €0.5 billion of the overall BAR allocation to be made available in 2022 as a first tranche of funding. The remaining BAR funding will be available as a second tranche in 2023 for additional proposals and for the continuation of relevant measures. This approach is intended to allow flexibility around the allocation of funding as the impacts of Brexit on sectors become clearer.

The Government remains focused on protecting our economic and financial interests, and will continue to work to minimise the disruption that Brexit will have on the economy and people’s livelihoods to the greatest extent possible.

Question No. 283 answered with Question No. 112.

Tax Code

Questions (284)

Mary Butler

Question:

284. Deputy Mary Butler asked the Minister for Finance if he will address the concerns raised by an organisation (details supplied) in respect of green and glasshouse growers as per correspondence in the context of the carbon tax and Budget 2022; if he is satisfied that the future of this industry has been adequately safeguarded in conjunction with recent budgetary carbon taxation measures, considering the points raised in correspondence; and if he will make a statement on the matter. [54783/21]

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Written answers

Mineral Oil Tax (MOT) applies to minerals oils used for motor or heating purposes in the State. The rate of MOT is comprised of a carbon and non-carbon component.

I am advised by Revenue that Section 98 of Finance Act 1999 provides for a partial relief for MOT for heavy oil and liquefied petroleum gas (LPG) used in horticultural production and the cultivation of mushrooms. Heavy oil refers to diesel, kerosene, and fuel oil, and LPG is defined in MOT legislation as “petroleum gases and other gaseous hydrocarbons falling within CN Codes 2711 12 11 to 2711 19 00”. The relief is operated by way of repayment only. The repayment amount is the difference between the MOT paid and the predetermined rate set out in section 98 for heavy oil/LPG. More information on the operation of the relief is also available on Revenue’s website.

With regard to the 2022 carbon tax rate increase, the Deputy will be aware that this applied to auto fuels with effect from 13th October 2021. However, I delayed the application of the rate increase on all other fuels until May 2022.

The Deputy will be aware that there are support schemes and investment aid available to horticultural producers from the Department of Agriculture, Food and the Marine and Bord Bia. Full details are available at the website addresses below.

www.gov.ie/en/service/d6dde0-commercial-horticulture-investment-aid-scheme-2020/

www.bordbia.ie/farmers-growers/get-involved/how-we-help/

In regard to the conditional planning exemption for biomass installation, I would suggest that this query is raised with my colleague, the Minister For Housing, Planning and Local Government.

Public Sector Staff

Questions (285)

Rose Conway-Walsh

Question:

285. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure and Reform if special consideration will be given to civil servants with disabilities in terms of returning to the office; and if he will make a statement on the matter. [54604/21]

View answer

Written answers

My Department is currently developing a central policy framework for Blended Working in the Civil Service which will be finalised in conjunction with employee representatives over the coming weeks. When this engagement has concluded, and the Framework is agreed by the Civil Service Management Board, it will be rolled out to all civil service organisations for implementation. The framework will inform the development of organisation level blended working policies tailored to the specific requirements of each Government Department/Office, including my own Department, whilst ensuring a consistency of approach across key policy areas.

Requests for a remote/blended working arrangement as a reasonable accommodation for those with a disability should be dealt with under the usual process for seeking reasonable accommodation and not through the Blended Working Policy as employers across the Civil Service continue to provide reasonable accommodations to staff who have a disability so they can participate and advance in their employment.

Project Ireland 2040

Questions (286)

Bernard Durkan

Question:

286. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform his views and vision for the upgrading of basic infrastructure here in order to better cater for the increased population; and if he will make a statement on the matter. [54725/21]

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Written answers

Project Ireland 2040 sets out the Government's vision for the upgrading of basic infrastructure here in order to better cater for the increased population.

Achieving a high quality stock of infrastructure throughout Ireland will require sustained and elevated levels of investment over the long-term. This level of investment cannot happen overnight or even within one ten year plan. While it is guided and co-ordinated at a national and regional level, it must be delivered at a local and sectoral level.

With the new National Development Plan (NDP) published on 4th October, 2021, the Government is taking another major step in ensuring that Ireland maintains and further develops its infrastructure stock to the highest standard throughout the country.

Project Ireland 2040 (PI2040) includes the National Planning Framework (NPF), which sets the overarching spatial strategy for the next twenty years, along with the NDP, which sets out the ten year investment strategy. Ensuring close alignment between the two is necessary in order to accommodate a projected one million additional people by 2040.

PI2040 provides an opportunity to successfully accommodate that growth by investment in our rural towns and villages, and by ensuring the cities of Cork, Galway, Limerick and Waterford grow at twice the pace of Dublin through sustained investment.

By delivering compact growth within our rural villages, our towns and our cities, it will become possible to deliver more public infrastructure to more people, e.g. public transport, broadband, housing, health and a broad range of social, cultural, sporting and community services.

The NDP sets out funding to underpin key Government priorities. Specifically, allocations will support the realisation of critical goals laid out in Housing for All and will enable a step-change in investment to ameliorate the effects of climate change. In addition to physical infrastructure, a significant element of the investment set out in the NDP will support enterprise development, research, innovation and science. This investment will be crucial to support the additional 660,000 jobs projected for 2040.

In addition, the impact of Covid-19 and other crises have demonstrated the vulnerability of society and the economy to external shocks. In this context, national security is a fundamental policy goal for the Government. This includes the key components of defence, foreign policy and justice. Other policy goals, whether social, economic or environmental, cannot be achieved without the stability achieved through effective security and defence policies supported with appropriate capital resources.

Finally, as part of Phase 1 of the review of the National Development Plan, an analysis of alignment with the NDP and NPF was carried out by the National Investment office in the Department of Public Expenditure and Reform. This paper was published in April 2021 and can be found on gov.ie/2040.

Public Sector Staff

Questions (287)

Joe Carey

Question:

287. Deputy Joe Carey asked the Minister for Public Expenditure and Reform the mileage rate for public servants using a hybrid car; the way in which it was calculated when it was introduced; and if he will make a statement on the matter. [53955/21]

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Written answers

The mileage rates applying to recoupment of motoring costs incurred by civil and public servants are agreed through the Conciliation and Arbitration Scheme. The rates are calculated according to an agreed method and are designed to provide for the reimbursement to officers of costs incurred while using their own vehicles in the course of official duties. They are not considered a source of emolument or profit.

In arriving at the rates in use, consideration is taken of a range of contributory costs including the cost of fuel, insurance, depreciation, maintenance, and certain other replacement costs. Officers may claim the rates according to the engine size (CC capacity) of the engine – see table 1. The rates in use are based on petrol/diesel fuelled cars and no distinction is made for hybrid cars. Hybrid cars typically have a smaller engine size in tandem with an electric motor. Officials using a hybrid vehicle may claim reimbursement according to the engine size.

Vehicles powered exclusively by electric motors are currently reimbursed at the rate for cars with the smallest engine capacity of up to 1200 CC. The development of rates for electric powered vehicles is under consideration with a view to establishing a dedicated rate for electric vehicles.

Table 1 – Mileage Rates

Rates - € Per Kilometre

Engine Capacity

up to 1200cc

Engine Capacity 1201cc to 1500cc

Engine Capacity 1501cc and over

Up to 1,500 km

37.95 c

39.86 c

44.79 c

1,500 – 5,500 km

70.00 c

73.21 c

83.53 c

5,500 – 25,000 km

27.55 c

29.03 c

32.21 c

25,000 km and over

21.36 c

22.23 c

25.85 c

Departmental Schemes

Questions (288)

Catherine Murphy

Question:

288. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if a new scheme will be developed to facilitate e-scooters that operates like the bike to work scheme. [54014/21]

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Written answers

As the Deputy will be aware the Cycle to Work Scheme is a matter for my colleague the Minister for Finance.

At the current time there is no basis to provide for e-scooters as a means of transport. My colleague the Minister for Transport is currently advancing the Road Traffic and Roads Bill which includes provision for measures to provide for the legal use of powered personal transporters, including e-scooters.

Public Sector Staff

Questions (289)

Catherine Murphy

Question:

289. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he is satisfied that the pregnancy-related aspect of the sick leave scheme is being consistently applied for public servants (details supplied); and the steps a public servant can take to enforce compliance in cases in which they are being denied their entitlement. [54023/21]

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Written answers

The legal basis and Ministerial power for the making of regulations for public service sick leave is founded in the Public Service Management (Recruitment and Appointments) (Amendment) Act of 2013 (No. 47 of 2013).

The responsibility for the application and implementation of those regulations, in this case S.I. No. 124/2014 - Public Service Management (Sick Leave) Regulations 2014 and SI 384/2015 Public Service Management (Sick Leave) (Amendment) Regulations 2015, lies with each public service sector employer. When considering the process of assessing access to paid sick leave the regulations, as laid out in SI 124/2014, must be viewed as interconnected rather than individual regulations in isolation.

My department supports this implementation across the public service by providing information and guidance to sectors on policy and regulatory issues that may arise.

Any public servant can approach their employer in relation to their entitlements under the Public Service Sick Leave Scheme including entitlements in relation to pregnancy related sick leave.

The need to protect women during pregnancy and ensure that they are not discriminated against is reflected in the design of the Public Service Sick Leave Scheme. These protections are set out in Appendix 1, set out below.

In summary these protections are:

The following extra protections are afforded to a female worker in respect of pregnancy related illnesses which would not apply if she or a male colleague were absent for a non- pregnancy related illness:

(i) An employee who is absent for a pregnancy related illness will receive a minimum of half pay during the pregnancy related illness, regardless of whether she has exhausted her ordinary entitlement to paid sick leave. This means that a female employee will not be taken off pay while on pregnancy related sick leave.

(ii) If a period of sick leave occurs subsequent to the pregnancy, the sick leave pay calculated at the half rate which the employee received during the pregnancy related illness will be discounted for the purpose of calculating entitlement to ordinary sick leave after the pregnancy, subject to the overall sick leave limits.

(iii) The Critical Illness Protocol, which allows for an increase of the upper limits for entitlement to sick leave at full or half pay provides specifically for pregnancy-related illness. Where a pregnancy related illness is serious it will also be covered by the CIP. One of the criteria for awarding of CIP more generally is 2 consecutive weeks of hospitalisation, however, this requirement is reduced to 2 days for pregnancy related illness.

In these ways, the Public Service Management Sick Leave recognise the distinct position of the pregnant worker and make provision for the protection of the health and welfare of such workers. The Regulations implement the principles of European law in relation to non-discrimination against pregnant workers.

Appendix 1

Sick leave during pregnancy

Relevant regulations:

1. S.I. No. 124/2014 - Public Service Management (Sick Leave) Regulations 2014.

1. www.irishstatutebook.ie/eli/2014/si/124/made/en/print

2. S.I. No. 384/2015 - Public Service Management (Sick Leave) (Amendment) Regulations 2015.

www.irishstatutebook.ie/eli/2015/si/384/made/en/print

Pregnancy related sick leave is treated differently to other types of sick leave and provides extra protections in respect of a pregnancy related illnesses. This is provided for in the Public Service Sick Leave regulations, specifically regulations 19 and 20 (see below). The employee must be medically certified as unfit for work due to a pregnancy related illness.

Regulation 19 is intended to deal with a situation where an individual is absent because of a pregnancy-related illness and has exhausted the limits for sick leave on half pay. In such a case, Regulation 19 provides that she will have access to an extended period of sick pay at the half rate for the duration of her pregnancy-related illness.

It also provides that the extended period of sick pay at the half rate will not be used in calculating how much sick leave she has taken i.e. it will not be reckoned in calculating her sick leave record. If the employee has a certified pregnancy related illness they can access sick leave in the normal way and will have the same allowance as normal.

If the employee exhausts all their sick leave on full and half pay before going on maternity leave they may get a special extension of paid sick leave at half pay. This extended period of certified pregnancy related sick leave at half pay is not counted on the sick leave record. Therefore, when on certified pregnancy related sick leave a woman will never receive less than half pay.

Regulation 20 provides that a woman who has exhausted her access to paid sick leave due to pregnancy-related sick leave in the previous 4 years may have access to additional non-pregnancy-related sick leave at the half rate of pay. However the number of additional days allowed is limited under the following conditions:

- They will be the equivalent number of days taken on pregnancy-related sick leave in the 4 years;

- They must not exceed normal sick leave limits (i.e. 183 days/365 for CIP) for non-pregnancy-related sick leave (when counted with other non-pregnancy-related sick leave in the previous 4 years).

Sick leave post maternity leave

After maternity leave, if an individual has gone over normal paid sick leave/CIP thresholds there is access, at half pay, to the equivalent number of days taken on pregnancy related sick leave subject to the four year sick leave threshold.

This does not include the “extended” period of certified pregnancy related sick leave at half pay as this is not counted on your sick leave record.

Once Maternity Leave has ended any further sick leave will not be recorded as pregnancy related sick leave. Absences that occur after maternity leave has concluded are generally treated under regular sick leave protocols and are subject to the appropriate thresholds.

Covid-19 Pandemic

Questions (290)

Alan Kelly

Question:

290. Deputy Alan Kelly asked the Minister for Public Expenditure and Reform if his Department distributed return to the workplace packs; if so, the individual items contained in each pack; the country of origin of each individual item and the cost of each of item; the number of packs distributed as of 1 November 2021; and the overall cost as of 1 November 2021. [54089/21]

View answer

Written answers

As part of my Department’s commitment to the health and safety of its employees, return to the workplace packs have been made available to those employees who have returned to the office. The information requested by the Deputy in respect of these packs is set out in the table below.

This initiative is aligned with my Department’s overall Health and Wellbeing Strategy, which was launched in November 2020 and strongly affirms our commitment to workplace health and wellbeing. The strategy is designed to create a working environment in which employees are valued as individuals, are supported in maintaining good health and safety, are treated with dignity and respect and are encouraged to participate in a positive work environment.

Information requested on return to the workplace packs

Number of packs distributed to DPER staff

368 as of 1 November 2021

Number of items contained in each pack

5

Country of origin of each item

All items were procured from Irish suppliers

Cost of each item

Hand Sanitiser: €4.69

Two Reusable Face Coverings: €8.60

Two Packs of Tissues: €1.84

One Pack of Disinfecting Wipes: €3.50

Stylus Pen: €1.80

Overall cost of the packs distributed to-date

€7,518

Flexible Work Practices

Questions (291)

Patrick Costello

Question:

291. Deputy Patrick Costello asked the Minister for Public Expenditure and Reform the official policy of his Department regarding the acceptance of requests by civil service workers who wish to remain working from home to prevent exposed health risks entailed by the return to the office; and if he will make a statement on the matter. [54265/21]

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Written answers

Decisions in relation to those who are required to attend the workplace during COVID-19 are a matter for individual employers.

In order to assist civil and public service organisations with their work-related obligations during COVID-19, the Civil Service HR Policy Division within my Department regularly issues Guidance and FAQs for Public Service Employers during Covid-19, which can be found here; www.gov.ie/en/news/092fff-update-on-working-arrangements-and-leave-associated-with-covid-19-fo/. The most recent update was released on the 29th September 2021. Section 1.1 of this document, which is based on public health advice and the Resilience and Recovery Plan 2021, provides guidance for employers in relation to who should attend the work premise during the pandemic. In line with public health advice, a cautious and careful return to workplaces should take into account appropriate attendance levels, with the use of staggered arrangements such as non-fulltime attendance and flexible working hours, and that attendance is for specific business requirements.

Additionally, the LEEF Consultative Group has published a Guidance Note on the Work Safely Protocol for returning safely to the workplace, which can be found here; www.enterprise.gov.ie/en/Publications/Work-Safely-Protocol.html

The LEEF guidance note outlines that, on 19th October, the Government, taking into account the latest developments with regards to the incidence and behaviour of COVID-19, and progress in the roll out of vaccinations, announced further steps in reopening, to take effect from 22 October. A key element of Reframing the Challenge: Continuing our Recovery and Reconnecting, is the facilitation of a phased and staggered return to the workplace for specific business requirements.

Budget 2022

Questions (292)

Róisín Shortall

Question:

292. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the way in which the demographic costs for disability for 2022 were calculated in Budget 2022; the details of the allocations to specific areas of disability, that is, residential, therapies, respite and so on that are meant to meet demographic costs; and the way these relate to the demographic evidence outlined in the Disability Capacity Review to 2032 A Review of Social Care Demand and Capacity Requirements to 2032. [54285/21]

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Written answers

The demographic costs for the full Health Service were subject to discussion and agreement between the Department of Health and the Department of Public Expenditure and Reform during the course of the Budget negotiations. This was then reflected in the Existing Level of Service allocation to that Department. The proportion of that allocation for the disability services and the way these relate to the demographic evidence outlined in the Disability Capacity Review to 2032 is a matter for the Department of Health.

Covid-19 Pandemic

Questions (293)

Emer Higgins

Question:

293. Deputy Emer Higgins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if indoor games such as darts, pool, snooker and so on are now permitted in an indoor hospitality setting; and if she will make a statement on the matter. [53958/21]

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Written answers

Indoor sporting event spectator capacity is now 100% for adults with a COVID-19 certificate and separate provisions apply for accompanied and unaccompanied minors. It is of course essential that all such events adhere to best practice in relation to infection prevention control procedures and practices. However, any events, sporting or otherwise, that are held on licensed premises are subject to the applicable requirements and guidance for live entertainment and indoor hospitality.

COVID-19-related sectoral guidelines for a range of tourism and hospitality businesses are published on the Fáilte Ireland website. These guidelines assist such businesses to operate as safely as possible through the ongoing pandemic and their development has been overseen collaboratively by my Department and the Department of Enterprise, Trade and Employment given how the hospitality sector has both tourism and enterprise aspects.

With specific regard to those guidelines covering the types of tourism and hospitality businesses (e.g. pubs) that might provide access for customers to indoor games such as darts, pool and snooker, the relevant guidelines require that customers remain seated at their table except when using the toilet, paying, arriving and departing, or ordering food or drink from a bar counter that can meet the requirements to provide for an appropriate, physically distanced queuing system. Accordingly the playing of darts, pool or snooker, as games that are played while standing, is not permitted in an indoor hospitality setting under these guidelines.

I acknowledge that the ongoing public health restrictions continue to be challenging for tourism and hospitality businesses. However in the ongoing pandemic – and particularly in light of the current epidemiological situation – the Government’s aim is to allow as many businesses as possible reopen and continue operating in the safest possible way. Accordingly it is important that we continue to adhere to COVID-19-related guidelines and public health advice in order to minimise opportunities for the transmission of the virus.

Covid-19 Pandemic

Questions (294)

Mark Ward

Question:

294. Deputy Mark Ward asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if darts is permitted to return as an indoor sport during current Government guidelines; and if she will make a statement on the matter. [54387/21]

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Written answers

Indoor sports such as dartsare permitted in line with current Government guidelines It is of course essential that all such events adhere to best practice in relation to infection prevention control procedures and practices.

Sport Ireland has published a guidance note on the recent changes relating to the return to sport and physical activity, which is available at www.sportireland.ie/covid19/return-to-sport-and-physical-activity.

Any events, sporting or otherwise, that are held on licensed premises are subject to the applicable requirements and guidance for live entertainment and indoor hospitality.

The guidance for indoor hospitality is available on the Fáilte Ireland website at www.covid19.failteireland.ie/guidance-indoor-hospitality/ and is predicted on all patrons remaining seated except in specifically prescribed situations such as entering and leaving the premises and queueing at a bar counter for service. The guidance for Nightlife and Live Entertainment, which does allow for standing patrons, is at www.gov.ie/en/publications/updated-guidelines-for-nightlife-and-live-entertainment-sector/

Covid-19 Pandemic

Questions (295, 299, 300, 302, 306)

Emer Higgins

Question:

295. Deputy Emer Higgins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if clarification will be provided in relation to the recent Sport Ireland guidelines that exclude persons under 18 years of age who are unvaccinated against Covid-19 from participating in basketball training and or games; her views on these guidelines given that the Covid-19 vaccine is not available to those under 12 years of age; and if she will make a statement on the matter. [53957/21]

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Richard O'Donoghue

Question:

299. Deputy Richard O'Donoghue asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the reason persons under 18 years of age are unable to play basketball if they are unvaccinated. [53993/21]

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Peadar Tóibín

Question:

300. Deputy Peadar Tóibín asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her attention has been drawn to sports clubs or organisations which are excluding children from certain activities or restricting their participation on the basis of their vaccination status or that of their parents; and if this is in line with her Department’s policy for children’s participation in sport. [54016/21]

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Willie O'Dea

Question:

302. Deputy Willie O'Dea asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the reason only persons with a valid Covid-19 vaccination certificate are allowed to take part in any basketball competitions and games; the reason she has allowed children to miss out on their preferred sport due to a discriminatory policy in relation to the vaccine status of a child; if she will issue a clarification on the issue and ensure that all children are treated the same regardless of their vaccine status; and if she will make a statement on the matter. [54111/21]

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Mattie McGrath

Question:

306. Deputy Mattie McGrath asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the position relating to the requirement for Covid-19 vaccination passports for participation in underage team sports; if he will direct all national sporting organisations to ensure that no child is discriminated against and prevented from participating in their chosen sport; and if she will make a statement on the matter. [54189/21]

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Written answers

I propose to take Questions Nos. 295, 299, 300, 302 and 306 together.

I am pleased to inform the Deputy that Government agreed last week to widen the range of sporting opportunities for young people which enables under 18 indoor sports games and competitions in sports such as basketball to go ahead. On foot of this, updated guidance has been provided by Sport Ireland to sporting organisations to allow children under 18 years of age to participate in indoor games and competition activities according to the ordinary rules and limits of the sport concerned. The full guidance can be accessed on the Sport Ireland website at:

www.sportireland.ie/covid19/return-to-sport-and-physical-activity

Departmental Funding

Questions (296, 297, 298)

Ivana Bacik

Question:

296. Deputy Ivana Bacik asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the total allocation of funding for the National Concert Hall in Budget 2022. [53984/21]

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Ivana Bacik

Question:

297. Deputy Ivana Bacik asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the total allocation of funding for the National Symphony Orchestra including the funding for the transfer of the orchestra from RTÉ to the remit of the National Concert Hall in Budget 2022. [53985/21]

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Ivana Bacik

Question:

298. Deputy Ivana Bacik asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if the €8 million allocated in Budget 2021 for the transfer of the National Symphony Orchestra to the National Concert Hall from RTÉ was fully spent; and if she will provide a timeline for the completion of the transfer. [53986/21]

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Written answers

I propose to take Questions Nos. 296 to 298, inclusive, together.

A total amount of €12.254 million, of which €8 million relates to funding for the National Symphony Orchestra, has been allocated to the National Concert Hall in Budget 2022.

My Department is liaising with the National Symphony Orchestra, the National Concert Hall and RTÉ on a daily basis to finalise the necessary arrangements for the transfer which is scheduled to be completed in 2021. The full cost for 2021 will be finalised in the context of the transfer, over the coming weeks.

I am delighted to have secured this funding for the National Concert Hall in Budget 2022. This support will ensure that the National Concert Hall, together with the National Symphony Orchestra, will be able to continue to present a robust programme of events in 2022.

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