Wednesday, 19 Jan 2022

Written Answers Nos. 65-84

Social Media

Questions (65)

Seán Sherlock

Question:

65. Deputy Sean Sherlock asked the Taoiseach the amount spent on social media by his Department and agencies under his remit in 2021; and the platforms the monies were spent on in tabular form. [1708/22]

Written answers

The Taoiseach

In 2021 my Department incurred expenditure of €567,890.50 on social media. All expenditure related to advertising campaigns on a range of social media platforms - Twitter, Facebook, LinkedIn, Instagram, Tiktok, Snapchat and Youtube.

€555,598.70 of this spend was on 19 COVID-19 public information campaigns as part of the Government’s coordinated approach to COVID-19 public health communications. Social media expenditure of €12,291.80 was also incurred as part of a promotional campaign to raise public awareness of a formal public consultation process run by the Future of Media Commission.

The National Economic and Social Development Office, under the aegis of the Department of the Taoiseach, recorded no expenditure on social media platforms in 2021.

The table below outlines the expenditure by campaign by my Department on social media in 2021.

Campaign	2021 Social media expenditure
Nationwide Level 5	€9,833.10
#Safe Christmas Phase 1	€15,361.08
#SafeChristmas P3 - Gathering/Dinner	€15,832.92
Stay at home - Do the Right Thing	€17,894.02
Stay the Course - Do the Right Thing	€17,998.34
Reopening of Schools Spring	€15,245.63
How it started	€11,998.54
Avoid the Surge	€9,998.78
30th March Announcement	€13,574.26
Stay Local for April	€19,999.07
Stay Local for April update	€6,875.48
Recovery Plan Summer - May	€30,996.69
Economic Recovery Plan	€23,997.55
Recovery Plan Summer - June	€7,818.85
Recovery Plan Summer - July	€24,751.67
Protect our Progress - August	€9,116.46
Reframing the Challenge - September	€12,727.09
Protect our Progress - October	€7,993.17
#Antiviral	€283,586.00
Future of Media Commission public consultation	€12,291.80

Departmental Contracts

Questions (66)

Seán Sherlock

Question:

66. Deputy Sean Sherlock asked the Taoiseach the amount spent on consultancy services by his Department in 2021; the reason for each consultancy; and the name of the consultancy in tabular form. [1726/22]

Written answers

The Taoiseach

My Department had no expenditure on consultancy services in 2021

Departmental Data

Questions (67)

Catherine Murphy

Question:

67. Deputy Catherine Murphy asked the Taoiseach if he will provide a schedule of all client and or customer-facing and or orientated services that his Department provide via a contracted service provider; the contractor that provides the service; and the cost of same for the past five years to date in 2022. [1808/22]

Written answers

The Taoiseach

While my Department does not generally provide services directly to the public, it has some interaction with the public mainly through correspondence and telephone calls.

In this regard, the main switchboard for telephone calls to the Department is provided by an external contract provider as set out in the table below.

Service	Contractor	2017 - 2021 Expenditure
Telephony Services to the Department	Eir	€537,954.75

Trade Data

Questions (68)

Darren O'Rourke

Question:

68. Deputy Darren O'Rourke asked the Taoiseach the level of trade between Thailand and Ireland in 2019, 2020 and 2021, in tabular form. [1909/22]

Written answers

Minister of State at the Department of the Taoiseach

Goods exports and imports are compiled by the Central Statistics Office within their External Trade division. Data on goods trade with Thailand is shown in the table below.

Data for Q4 2021 will be available in the next Goods Exports and Imports release in February.

Goods exports and imports between Ireland and Thailand 2019 to Oct 2021

	Jan-Dec 2019	Jan-Dec 2019	Jan-Dec 2020	Jan-Dec 2020	Jan-Oct 2021	Jan-Oct 2021
Commodity	Exports €000	Imports €000	Exports €000	Imports €000	Exports €000	Imports €000
Food and live animals	26,295	66,156	31,872	54,641	40,683	46,991
Beverages and tobacco	1,077	195	540	102	391	98
Crude materials, inedible, except fuels	2,303	59	3,460	137	7,721	91
Mineral fuels, lubricants and related products	58	0	51		48	0
Animal and vegetable oils, fats and waxes	0	213		163		52
Chemicals and related products nes*	51,492	7,682	54,050	9,918	41,699	11,644
Manufactured goods classified chiefly by material	1,683	14,948	1,619	13,356	10,019	18,949
Machinery & transport equipment	52,452	255,317	9,839	271,214	13,235	301,833
Miscellaneous manufactured articles	30,850	82,292	41,788	58,712	51,858	54,889
Commodities and transactions not classified elsewhere	45	850	85	772	35	1
Total	166,255	427,712	143,303	409,014	165,689	434,547

*nes = not elsewhere specified

Services exports and imports are compiled by the Central Statistics Office within their Balance of Payments division. Data on services trade with Thailand is shown in the table below.

Data for 2021 will be available in the next International Trade in Services release towards the end of the year.

Services exports and imports between Ireland and Thailand 2018 to 2020

Euro Millions	2018	2019	2020
Exports of services	1,285	1,631	1,847
Imports of services	56	122	141

Social Dialogue

Questions (69)

Ruairí Ó Murchú

Question:

69. Deputy Ruairí Ó Murchú asked the Taoiseach if he will report on the work of the social dialogue unit of his Department. [2242/22]

Written answers

The Taoiseach

The Social Dialogue Unit coordinates and supports the Government’s overall approach to social dialogue through a variety of mechanisms.

These mechanisms include LEEF, the Labour Employer Economic Forum, which engages with representatives of employers and trade unions on economic and employment issues insofar as they affect the Labour Market. The LEEF has met regularly to facilitate discussions with Government on issues related to the COVID-19 pandemic and our economic recovery.

Social dialogue, through the LEEF process, played a crucial role in ensuring workplaces are safe during the COVID-19 pandemic including preparing, updating and overseeing a Work Safely Protocol. Under the auspices of LEEF, there has also been significant progress on other issues such as the introduction of statutory sick pay, remote working, and establishment of a High Level Review of Collective Bargaining.

The Social Dialogue Unit also supports my engagements with representatives from the Environmental Pillar, the Community and Voluntary Pillar, and the Farming and Agriculture Pillar. This has included a series of meetings between myself and key Ministers with those groups to discuss how social dialogue can be strengthened, as well as issues of concern to those sectors.

Social dialogue, between Government, trade unions and other representative groups also takes place through structures like the National Economic Dialogue, the National Economic and Social Council, the National Competitiveness and Productivity Council and through many sectoral groups, and with Ministers and Departments directly.

Citizens' Assembly

Questions (70)

Ruairí Ó Murchú

Question:

70. Deputy Ruairí Ó Murchú asked the Taoiseach the proposed running order of the citizens’ assemblies committed to under the Programme for Government. [2471/22]

Written answers

The Taoiseach

Under the Programme for Government, the Government aims to establish Citizens Assemblies to consider:

- the type of directly elected mayor and local government structures best suited for Dublin;

- biodiversity;

- matters relating to drugs use and

- the future of education.

Consideration is being given to the appropriate methodology for future Citizens' Assemblies, and decisions in this regard will be guided by the experience of the Gender Equality Assembly which completed last year and the published report (July 2021) by independent researcher appointed by that Assembly to monitor and record, amongst other things, the perceived deliberative quality of the Assembly. This report will assist in decisions on future Assemblies use of virtual meetings.

Specific timing of each Assembly has yet to be confirmed however it is envisaged that the Citizens’ Assembly on the type of directly elected mayor and local government structures best suited for Dublin will be established in the first instance.

Officials from my department are actively engaging with officials from relevant Departments on the approach to be taken with regard to these Assemblies. However obviously by their very nature, Citizens Assemblies require large gatherings to be truly effective. Therefore there has been an unavoidable delay in the establishment of the next Citizens Assembly due to the public health situation.

Farm Safety

Questions (71)

Holly Cairns

Question:

71. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of accidents and fatalities recorded on farms for 2021; the steps he is taking to reduce these incidents; and if he will make a statement on the matter. [2564/22]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

The Health and Safety Authority (HSA) is the designated state agency with responsibility for workplace safety, including farm safety. The HSA maintains a strong focus on specific high-risk areas, such as agriculture, through inspection and enforcement, ongoing partnerships, and through education and awareness-raising campaigns.

Although farming fatalities declined by over 50% with 9 fatalities recorded in 2021 compared to 20 in 2020, the sector remains one of the most dangerous sectors in which to work in Ireland.

	Agriculture 2021
Accidents Reported	113*
Fatalities	9

* There is significant underreporting of non-fatal work-related incidents in agriculture as most are self-employed sole traders.

In August 2021, the HSA published its Farm Safety Action Plan 2021 – 2024. The aim of the new Farm Safety Action Plan is to reduce fatalities, serious injuries and ill health in the agriculture sector. Five critical areas have been identified for attention - Behaviour, Education and Training; Health and Vulnerable Persons; Tractor; High Risk Machinery; Livestock Handling and Buildings, Work at Height.

The HSA, through its Agricultural Policy Unit, provides practical assistance and support to achieve the goals and objectives contained within the Farm Safety Action Plan. The Farm Safety Partnership Advisory Committee, which is an advisory committee to the Board of the HSA, will monitor the implementation of the action plan over its term.

In November 2021, legislation was introduced (Safety, Health and Welfare at Work (General Application) (Amendment No 2) Regulations 2021 (S.I. No 619 of 2021)) to make use of PPE and undergoing training mandatory for use of All Terrain Vehicles (ATV’s) in the workplace. This was introduced as a result of the number of accidents involving these vehicles, resulting in fatalities and life changing injuries in recent years, particularly in farm settings. These Regulations will come into effect from November 2023 to ensure the necessary training and equipment requirements have been put in place.

In addition to the actions being undertaken by the HSA, the Department of Agriculture, Food and the Marine (DAFM) under the guidance of Minister of State Martin Heydon has a range of measures in place and in the process of being put in place to incentivise and promote the issue of farm safety.

A key element of the DAFM approach is the on-going Targeted Agricultural Modernisation Scheme (TAMS) II scheme. Under the suite of seven TAMS measures, there is a wide range of farm safety-related investments available for grant-aid. As part of the TAMS II schemes, ‘Health and Safety’ guidelines are included in all ‘Building Specifications,’ drawn up by DAFM for the construction of agricultural buildings and structures. Additionally, it is a requirement for all applicants under the TAMS II schemes to complete a half day of farm safety training.

DAFM supports the AgriAware Farm Safe Schools initiative for 2022 which is on a mission to Engage, Educate and Empower children to be farm safety ambassadors.

A further initiative being taken by DAFM, in conjunction with the Department of Finance, is the Accelerated Capital Allowance Scheme for Farm Safety and Disabilities Adaptation Equipment. The scheme provides for accelerated capital allowances at 50% per annum over two years for eligible specified farm safety and adaptive equipment.

State Bodies

Questions (72)

Martin Browne

Question:

72. Deputy Martin Browne asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of full-time staff by job title working in the Competition and Consumer Protection Commission as of 6 December 2021. [62966/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

The information sought by the Deputy is set out in the attached statistical table.

Total CCPC full time Staff as of 6 December 2021 by Job Title		135
Title	Grade	Count by Position
Director	PO	x 9
Deputy Director	AP1	x 15
Special Advisor - Economics & Policy	AP	x 1
Head of Research & Market Insights	AP	x 1
Head of Consumer Comms & Financial Education	AP	x 1
Head of RAPEX	AP	x 1
Head of Contact Management & Analysis	AP	x 1
Head of Corporate & Stakeholder Communications	AP	x 1
Senior Consumer Protection Mgr	AP	x 1
Senior Legal Advisor	AP	x 4
Head of OD	AP	x 1
Head of Inspections	AP	x 1
Investigator (Assistant Principal)	AP	x 1
Head of Policy	AP	x 1
Head of Unit	AP	x 1
Head of Enforcement & Investigations	AP	x 1
Head of Administration	AP	x 1
Head of ICT	AP	x 1
Head of Finance	AP	x 1
Detective Sergeant	N/A	x 1
Case Officer	Case Officer	x 11
Product Safety Mgr	HEO	x 5
Consumer Protection Mgr	HEO	x 8
International Engagement Mgr	HEO	x 1
Senior Policy Analyst	HEO	x 3
Legal Advisor	HEO	x 3
Media Comms Mgr	HEO	x 1
Marketing Comms Mgr	HEO	X 1
Senior Investigator	HEO	x 4
Financial Ed Programmes Mgr	HEO	x 1
Senior Analyst-Investigator	HEO	x 5
Digital Communications Mgr	HEO	x 1
Consumer Contacts Mgr	HEO	x 3
Finance Mgr	HEO	x 1
Internal & Corporate Comms Specialist	HEO	x 1
Corporate Services Mgr	HEO	x 2
Financial Education Mgr	HEO	x 1
Senior Investigator Analyst	HEO	x 2
OD Mgr	HEO	x 1
ICT Mgr	HEO	x 2
Consumer Media Mgr	HEO	x 1
Market Surveillance Mgr	HEO	x 1
L&D Specialist	AO	x 1
Consumer Protection Exec	EO	x 2
OD Executive	EO	x 1
Product Safety Officer	EO	x 3
ICT Executive	EO	x 1
Digital Content Executive	EO	x 1
Digital Communications Exec	EO	x 1
Corporate Comms Exec	EO	x 1
Analyst Investigator	EO	x 6
Financial Education Executive	EO	x 2
Policy Analyst	EO	x 2
Consumer Credit Exec	EO	x 1
Consumer Contacts Exec	EO	x 2
Corporate Services Exec	EO	x 1
Investigator-Analyst	EO	x 1
Finance Exec	EO	x 1
HR Executive	EO	x 1
Corporate Services Officer	CO	x 2
HR Assistant	CO	x 1

Total CCPC full time Staff as of the Dec 6th by Grade	135
	Total Number of Staff by Grade
Total no. of PO	9
Total no. of AP1	15
Total no. of AP	20
Detective Sergeant	1
Total no. of Case Officer	11
Total no. of HEO	48
Total no. of AO	1
Total no. of EO	27
Total no. of CO	3

Work Permits

Questions (73)

Rose Conway-Walsh

Question:

73. Deputy Rose Conway-Walsh asked the Tánaiste and Minister for Enterprise, Trade and Employment if consideration has been given to providing greater flexibility for persons on work permits who are made redundant as a result of Covid-19 particularly in sectors that have been hard hit by the pandemic such as aviation; and if he will make a statement on the matter. [63011/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

Under the Employment Permit Acts in order to work in the State all non-EEA nationals require a valid Employment Permit or relevant immigration permission from the Minister for Justice which allows them to reside and work in the State without the requirement for an Employment Permit. The Irish State’s general policy is to promote the sourcing of labour and skills needs from within the workforce of the European Union and other EEA states. However, where specific skills prove difficult to source within the EEA, an employment permit may be sought in respect of a non-EEA national who possess those skills.

All Employment Permit applications are processed in line with the Employment Permits Act 2006, as amended and are dependent on a job offer from an Irish registered Employer for an eligible occupation. It should be noted that the State's employment permit system is ordered by the use of occupation lists which determine which employments are highly demanded and which are ineligible for consideration for employment permits at a point in time and these lists are reviewed on a twice-yearly basis.

In March 2020, my Department implemented a contingency plan to ensure that the employment permit regime could continue to operate throughout the COVID-19 crisis. The Department is committed to flexibly dealing with employment permit issues that arise for both employers and employees as a result of the pandemic. The feedback received from enterprise across the board has been universally positive.

In fact, Ireland was one of the few countries that has managed to keep their employment permit system fully operational throughout the pandemic. Full details in relation to the contingency arrangements introduced by the Employment Permits Section in response to the pandemic can be accessed on my Department's website through the following link:enterprise.gov.ie/en/Publications/COVID-19-Employment-Permits-System-Contingency-Arrangements.html.

Where an employment permit holder has been made redundant they must notify the Employment Permits Section of my Department when the employment ceases on the prescribed Redundancy Notification form within 4 weeks of the redundancy. An employment permit holder then has up to six months from the date on which their employment ceases to find further employment. 

If the permit holder secures another job within the six month period of the redundancy they will be exempted from certain rules that otherwise would apply i.e. the requirement to complete a Labour Market Needs Test and the eligibility criteria in relation to the job. In addition, if an employment permit holder was made redundant from an occupation that subsequently was deemed ineligible for a permit, but had been offered the same role by a different employer, then an employment permit application will be considered.

Information regarding employment permit holders who are made redundant from their employment is available on my Department’s website and can be accessed through this link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Redundancy/.

Covid-19 Pandemic Supports

Questions (74)

Pádraig O'Sullivan

Question:

74. Deputy Pádraig O'Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 31 of 3 March 2021, the current position in relation to whether the period of time an employee who has been on the temporary wage subsidy scheme or the pandemic unemployment payment will be taken into consideration as part of their tenure for redundancy packages; and if he will make a statement on the matter. [63120/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

Where an employee is laid off for periods during their last three years of employment, those periods do not constitute reckonable service for the purposes of redundancy calculations. In light of the extensive periods of lay-off some people will have experienced during the pandemic emergency period, this may have a significant impact on their redundancy entitlement if they are made redundant within the next three years.

Time spent on the Employment Wage Subsidy Scheme is not considered to be a lay-off period and therefore does not affect an employee's redundancy entitlement..

On 27th October, Government approved the drafting of a Bill to enable an exceptional additional payment to be made from the Social Insurance Fund to employees who were laid off as a result of pandemic-related restrictions and are subsequently made redundant. The General Scheme of the Bill underwent pre-legislative scrutiny on the 1st of December, and the Bill will be advanced in the first quarter of 2022.

The Department of Social Protection is working on the necessary administrative systems to provide for the application and payment processes, and is liaising closely with officials in my Department.

Work Permits

Questions (75)

Peadar Tóibín

Question:

75. Deputy Peadar Tóibín asked the Tánaiste and Minister for Enterprise, Trade and Employment if the work permit exemption is still in place for international contracted circus artists working for Irish traditional circuses greater than 90 days in the State in cases in which they fall outside the criteria of the atypical working scheme; and if he will make a statement on the matter. [63192/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

Under the Employment Permits Acts, in order to work in the State, all non-EEA nationals require a valid employment permit or relevant immigration permission from the Minister for Justice which allows them to reside and work in the State without the requirement for an employment permit. 

The employment permits legislation sets out various criteria that must be met when considering an application for each of the permit types available, including establishing that there is evidence of a lack of suitable labour within the domestic labour market, a contract of employment exists between the employer and the employee, minimum annual remuneration and duration of proposed employment.  Circus performers and artists are not currently included on the Ineligible Occupations List and may be considered as eligible to apply for a General Employment Permit, subject to all the relevant criteria and requirements necessary. 

My colleague, the Minister for Justice has responsibility for the administration of the Immigration Act 2004. Arrangements for circus performers providing a service to an Irish based circus without an employee relationship have been in place since 2007 and will continue to operate in 2022.   Immigration permission to enter the state under these arrangements is a matter for the immigration authorities.

Industrial Development

Questions (76)

Niamh Smyth

Question:

76. Deputy Niamh Smyth asked the Tánaiste and Minister for Enterprise, Trade and Employment the most recent occasion on which the IDA visited counties Cavan, Monaghan and Meath; the number of new jobs that have been created by the IDA in the past 12 months; the steps it is taking to attract companies to the counties; the success it has had with the strategy for the counties; and if he will make a statement on the matter. [63230/21]

Written answers

Tánaiste and Minister for Enterprise, Trade and Employment

IDA Ireland reported a record-breaking year for Foreign Direct Investment (FDI) employment in 2021, with total employment in IDA client companies now standing at 275,384, up from 258,558 last year. Growth in the regions was particularly buoyant with 53% - 133 projects of the 249 investments won going to regional locations and employment growth recorded in every region of the country.

Job losses remained at a relatively modest level relative to the size of the overall portfolio resulting in an extremely strong net employment growth, with a 16,826 net increase.

The strong growth in regional investment was supported by IDA Ireland’s property programme. A robust property and infrastructure ecosystem can be the key differentiator in winning FDI projects, as evidenced by the record regional results achieved under IDA’s Winning 2015-2019 strategy.

The 2021 figures show a pattern of sustained, robust growth in FDI investment and FDI-related employment over a continuous period of more than ten-years. The results in 2021 represent a strong start to IDA’s new 2021-2024 strategy, Driving Recovery and Sustainable Growth, which seeks to further enhance FDI’s place at the centre of a resilient, sustainable, and inclusive Irish economy. 

The number of new jobs that have been created by the IDA in 2020 and 2021 is shown below:

County		2020	2021
Cavan	IDA Client companies	8	8
	New Jobs Created (Gross Gains)	30	94
Monaghan	IDA Client companies	8	8
	New Jobs Created (Gross Gains)	92	30
Meath	IDA Client companies	16	16
	New Jobs Created (Gross Gains)	212	130

In response to Covid-19 IDA Ireland developed a suite of digital content and has put in place an E-Site Visit experience for potential investors. For 2021 up to end Q3 there was one E-site visit each in Cavan and Monaghan.

Company Registration

Questions (77)

Michael Moynihan

Question:

77. Deputy Michael Moynihan asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will review the loss of the audit exemption on late filing by the Companies Registration Office which is placing a significant financial burden on small businesses; and if he will make a statement on the matter. [63302/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

In recognition of the burdens on small business, company law was amended in 1999 to provide audit exemption for those companies who meet their filing obligations. These long-standing provisions have been, and continue to be, of significant benefit to compliant companies. There is a considerable incentive on companies and their advisers to ensure timely filing of annual returns, thereby safeguarding the audit exemption and avoiding late filing penalties and possible prosecution.

Against this background, there has been a very significant increase in the compliance rate for the filing of annual returns, moving from a widespread culture of non-compliance up to the 1990s to a situation, in recent years, where in the region of 90 - 95% of companies meet their filing obligations on time.

The question has been raised about the potentially disproportionate effect that the loss of audit exemption may have, particularly in relation to SMEs, as a consequence of late filing (due to the costs associated with providing two years of audited financial statements). My Department keeps company law under review on an ongoing basis and is considering what changes might be appropriate to the current regime to ensure that the consequences of late filing do not unduly penalise small business while also maintaining the incentive to file annual returns in a timely manner.

Research and Development

Questions (78)

Rose Conway-Walsh

Question:

78. Deputy Rose Conway-Walsh asked the Tánaiste and Minister for Enterprise, Trade and Employment when calculating the business spend on research and development for the purposes of the research and development budget, if this includes expenditure on research and development carried out outside of the State; if his Department measures the level of research and development activity carried out inside the State; and if he will make a statement on the matter. [63377/21]

Written answers

Tánaiste and Minister for Enterprise, Trade and Employment

My Department no longer prepares the Government's R&D Budget; responsibility for the R&D Budget is now with the Department of Further and Higher Education, Research, Innovation and Science (D/FHERIS). The Government's latest R&D Budget was published by D/FHERIS on 16th December 2021 and is available at the following link: gov.ie - Research and Development Budget: 2020 to 2021 (www.gov.ie).

Outsourced R&D performed either inside or outside the State is not captured in the R&D Budget. However, the Central Statistics Office (CSO) does include questions on outsourced R&D in its biennial survey of Business Expenditure on Research and Development (BERD) . The CSO has provided the most recent data available. Total outsourced R&D in Ireland was €17.104 billion in 2019, of which €1.899 billion was performed in Ireland and €15.206 billion was performed abroad. A breakdown of these figures by research performer (i.e. companies, colleges or private research institutes etc.) is attached.

Outsourced Business Expenditure on R&D in Ireland, 2019

Within Republic of Ireland
R&D expenditure paid to:	Sum (€000's)
Related companies	€60,820
Non-related companies	€1,429,510
Government research companies	€1,510
Higher education institutes	€401,559
Private R&D Institutes	€3,204
Other	€2,559
Total	€1,899,163
Outside Republic of Ireland
Related companies	€13,346,669
Non-related companies	€387,945
Government research companies	€24
Higher education institutes	€26,042
Private R&D Institutes	€5,160
Other	€1,439,828
Total	€15,205,667
Overall total	€17,104,830

Public Sector Pensions

Questions (79)

Martin Browne

Question:

79. Deputy Martin Browne asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 3 of 15 December 2021, the timeline for the public consultation on the matters raised during consideration of the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021. [63417/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

I will launch the public consultation into certain matters raised during consideration of the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021 as soon as practicable this year.  This consultation will include engagement with organisations representing retired workers.

Export Controls

Questions (80, 81, 82)

Patrick Costello

Question:

80. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the assessment criteria in relation to site inspections referenced on page 10 of the 2020 Report under the Control of Exports Act 2008; the extra security provisions for virtual inspections; the number of total inspections that took place; the number of inspections passed and failed; and if he will make a statement on the matter. [63429/21]

Patrick Costello

Question:

81. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the breakdown of the referrals to the Revenue Commissioners on page 10 of the 2020 Report under the Control of Exports Act 2008 by producer, country of destination; the rejection rate of these referrals; and the breakdown of the reasons for rejection. [63430/21]

Patrick Costello

Question:

82. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the projected timeline for the completion of the review of terms and conditions for categories of export licences begun by his Department in 2020. [63431/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

I propose to take Questions Nos. 80, 81 and 82 together.

The Department actively supports and participates in EU and global efforts to prevent the proliferation of weapons of mass destruction, to support regional security, to prevent terrorism and to protect human rights. It is the National Competent Authority in respect of Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The Department operates the highest standards of Export Controls, in accordance with EU law and international best practice.

‘Dual-use’ items are products and components, including software and technology, that can be used for both civil and military applications. The list of ‘Dual-use’ items subject to Export Control is set out in Annex 1 to Regulation (EU) 2021/821 . The bulk of ‘Dual-use’ exports from Ireland are mainstream business ICT products, both hardware and software, (networking, data storage, cybersecurity etc). They are categorised as ‘Dual-use’ items as a consequence of fact that they make use of strong encryption for data protection purposes.

My Department is also the National Competent Authority in respect of the Trade elements of EU Restrictive Measures i.e. trade sanctions.

The Programme for Government contains a clear commitment to the promotion of Human Rights through business practices and in particular, to rigorously scrutinise all applications for export licences for Dual-use items and Military equipment.

My Department administers controls on the export of Military equipment from Ireland, in accordance with the European Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment. The list of Military equipment subject to these controls is set out in the Common Military List of the European Union .

In keeping with the commitment in the Programme for Government, all applications for export licences are rigorously scrutinised by my officials, on a case-by-case basis, in accordance with the relevant legislation. Each application is reviewed against the eight assessment criteria set out in Council Common Position 2008/944/CFSP. Applications also reviewed against any EU Restrictive Measures, such as trade sanctions or arms embargoes, that may be in place in respect of the destination country.

The Department of Foreign Affairs has responsibility for Ireland’s international relations and global human rights. In this context, my officials seek the views of the Department of Foreign Affairs on all applications for ‘Dual-use’ and Military export licences.

Where appropriate, the Department also consults with Competent Authorities in other Member States.

The Office of the Revenue Commissioners may refer pending exports to the Department for a number of reasons: to clarify the details of an export licence presented with the goods as part of the export documentation; to verify that a licence has been properly authorised; or to confirm that a licence is not required.

The classification codes for ‘Dual-use’ items in the EU Regulation do not translate well to the Combined Nomenclature (CN) classification for goods, which underpins the operation of the harmonised Customs Union. A single CN code can apply to both controlled and uncontrolled goods. This can give rise to uncertainty as to whether goods presented at the point of departure from the Customs Union fall within the scope of Export Controls.

Revenue may also refer exports to known sensitive third countries for confirmation that the exports would not be in breach of EU trade sanctions.

In 2020 the Department received 165 referrals from Revenue with respect to exports to the following countries: Belarus, Russia, Zimbabwe, Libya, South Korea, United States, Syria, Myanmar, Yemen, Brazil, Pakistan, Sudan, Singapore, Zambia, Brazil, United Arab Emirates, Turkey & Canada. After investigation, all shipments were released. It is the long-standing policy of the Department not to release exporters’ details in order to respect exporters' commercial confidentiality and protect their security.

The purpose of a site inspection is to assess an exporter’s implementation of an Internal Compliance Programme (ICP). That is, its internal policies and procedures to ensure compliance with export controls and with the terms and conditions of licences. The assessment is carried out having regard to Commission Recommendation (EU) 2019/1318 on internal compliance programmes for dual-use trade controls This Recommendation identifies and sets out the core elements essential for an effective ICP.

EU Regulations require that exporters seeking an export authorisation implement an ICP in most circumstances. However, the Regulations do not provide for the certification of ICPs by Member States’ competent authorities, but rather require them to take into consideration the implementation of an ICP by the exporter when assessing licence applications. Therefore, the Department’s assessment of an exporter’s ICP during an inspection will inform the risk assessment for subsequent licence application by the exporter.

Virtual visits are conducted using industry standard, secure remote conferencing systems, which incorporate encryption and other security measures.

In 2020 Authorised Officers of the Department conducted 20 physical site visits and 25 virtual ones. Authorised Officers of the Department also conducted 35 outreach engagements in 2020.

The Department issues a range of export licences, pursuant to EU Regulations and the Control of Exports Act 2008. Licenses are issued subject to a set of Terms and Conditions regarding exports made under the licence. In 2020, the Department initiated a review the Terms and Conditions to ensure that they remain fit for purpose and are appropriate for the prevailing global security and human rights situation, and current business models (supply-chains, distribution channels etc). Following this review, in 2021 the Department introduced a new Global ‘Dual-use’ Licence with strengthened Terms and Conditions.

Work is underway within the Department to give the Terms and Conditions statutory footing and will bring forward legislation this year to provide an overarching legal framework for the introduction and revision of Terms and Conditions, along with robust powers of enforcement. The drafting of the Bill by the OPC is well advanced and it is my intention that the Bill will be published in Q1 2022, and my hope that it will be enacted before the end of 2022.

Question No. 81 answered with Question No. 80.

Question No. 82 answered with Question No. 80.

Departmental Schemes

Questions (83)

Brendan Griffin

Question:

83. Deputy Brendan Griffin asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 203 of 21 April 2021, the status of the review of the eligibility for the insolvency payment scheme; and if he will make a statement on the matter. [63448/21]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

As previously advised, responsibility for the legislation governing the Insolvency Payments Scheme transferred to the Department of Enterprise, Trade & Employment from the Department of Social Protection in October 2020.

Officials in my Department are continuing to work on developing a mechanism through which a competent authority may determine that a state of insolvency arises, without requiring a formal wind-up process, and that monies due to employees may be claimed by them from the Social Insurance Fund.

The Deputy will appreciate there are complex cross-cutting issues involved and legislative amendments will be necessary. I assure you resolving this issue is a priority for the Department. 

Company Liquidations

Questions (84)

Mick Barry

Question:

84. Deputy Mick Barry asked the Tánaiste and Minister for Enterprise, Trade and Employment the date that his Department was informed of the liquidation of a company (details supplied) in 2020; and if he will make a statement on the matter. [63572/21]

Written answers

Tánaiste and Minister for Enterprise, Trade and Employment

The Protection of Employment Act 1977 imposes an obligation on employers who are proposing collective redundancies to notify the Minister for Enterprise Trade and Employment, of the proposed collective redundancies.  I can confirm that the notification regarding proposed collective redundancies at Debenhams was received by the Minister for Employment Affairs and Social Protection, who at the time had responsibility for the Act, on the 14th of April, 2020.

The notification indicated that the company was insolvent and that a liquidator would be appointed.

On the 5th of May, 2020 a letter was received by the Minister for Employment Affairs and Social Protection from the joint liquidator confirming his appointment as liquidator on the 30th of April, 2020, following on from his appointment as provisional liquidator on the 16th of April, 2020.

Responsibility for employment rights policy, redundancy/insolvency policy and the relevant associated legislation transferred to me in October 2020.