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Tuesday, 22 Feb 2022

Written Answers Nos. 99-113

Work Permits

Questions (99)

Violet-Anne Wynne

Question:

99. Deputy Violet-Anne Wynne asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will consider removing the restrictions regarding work permits that limit those in receipt of the permits to only accept work from limited industries given that this limitation is currently preventing persons (details supplied) from taking up work; and if he will make a statement on the matter. [9805/22]

View answer

Written answers

Ireland operates a managed employment permits system which maximises the benefits of economic migration while minimising the risk of disrupting Ireland’s labour market. The system is intended to act as a conduit for key skills which are required to develop enterprise in the State for the benefit of our economy, while simultaneously protecting the balance of the labour market. The system is, by design, vacancy led and driven by the changing needs of the labour market, expanding and contracting in tandem with its inherent fluctuations.

The State’s general policy is to promote the sourcing of labour and skills needs from within the workforce of the State and other EEA states. Where specific skills prove difficult to source within the State and EEA, an employment permit may be sought by an employer to hire a non-EEA national.

All employment permits granted are employer and employee specific and therefore cannot be transferred from one employer to another. This means that if a permit holder ceases employment with a company or is made redundant, they must obtain a new employment permit before entering a new employment.

When an employment permit holder is made redundant from their employment, they are required to notify the Employment Permits Section of the Department of Enterprise, Trade and Employment within 4 weeks of the redundancy date on the prescribed Redundancy Notification form, available on the Department's website.

By Completing the Redundancy Notification Form appropriately, an employment permit holder has up to six months from the date on which their employment ceases to find another job. The new permit application is exempt from certain rules that would otherwise apply including the requirement to complete a Labour Market Needs Test in respect of a new application for a General Employment Permit in respect of a new job offer.

Occupations included on the Ineligible List are occupations where there is evidence that there are more than enough Irish/EEA workers available to fill such vacancies, and therefore an employment permit shall not be granted in Ireland. Every other job in the labour market, where an employer cannot find a worker, may be eligible for an employment permit.

In cases of redundancy, if the permit holder is in an occupation which is now ineligible for the type of employment permit held, and they are offered the same job by a different employer, an employment permit application will still be considered for the same employment permit type.

The redundancy waivers for permit holders who have been made redundant are valid for a period of 6 months from the date of redundancy. Details in relation to permit holders being made redundant can be accessed on the Department’s website through this link:- enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Redundancy/

Information is also provided on the Department’s website in respect of all employment permits including information regarding to each permit type, Checklist documents for a General Employment Permits and an FAQ document which answers the majority of the most common questions, all of which are available through this link – enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/

Information in relation to changing employers is available on the Department’s website and can be accessed through the following link:- enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Changing-Employer/.

Public Services Provision

Questions (100)

Michael Ring

Question:

100. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment if his Department has won any award from a publication (details supplied); if so, when this award was won; and if he will make a statement on the matter. [9830/22]

View answer

Written answers

My Department has not won any award from the publication in question.

Company Law

Questions (101, 102)

Louise O'Reilly

Question:

101. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures that he plans to introduce to clearly define the functions and responsibilities of public interest directors and any directors of incorporated bodies appointed by a Minister, a chief executive of a local authority or by the members of a local authority; and if he will make a statement on the matter. [9940/22]

View answer

Louise O'Reilly

Question:

102. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment the fiduciary responsibilities of persons appointed by a Minister, a chief executive of a local authority or by the members of a local authority to be directors of incorporated bodies; if he is satisfied that the Companies Act 2014 adequately provides for such in respect of these public appointments; if so, if such includes a fiduciary responsibility to the appointing authority; and if he will make a statement on the matter. [9941/22]

View answer

Written answers

I propose to take Questions Nos. 101 and 102 together.

The Companies Act 2014 sets out a comprehensive code of director's duties.

Any director of a company that comes within scope of the Act, regardless of whether or not they are a State appointed director, is subject to the requirements of company law to act in what he or she believes to be in the interests of the company to which they are appointed. These are the director’s fiduciary duties which are owed to the company. Section 228 of the Companies Act 2014 sets out the principal fiduciary duties of directors which are to:

- act in good faith in what the director considers to be the interest of the company;

- act honestly and responsibly in relation to the conduct of the affairs of the company;

- act in accordance with the company’s constitution and exercise his or her powers only for the purposes allowed by law;

- not benefit from or use the company’s property, information or opportunities for his or her own or anyone else’s benefit unless the company’s constitution permits it or a resolution is passed in a general meeting;

- not agree to restrict the director’s power to exercise an independent judgment unless this is expressly permitted by the company’s constitution;

- avoid any conflict between the director’s duties to the company and the director’s other interests unless the director is released from his or her duty to the company in relation to the matter concerned;

- exercise the care, skill and diligence which would be reasonably expected of a person in the same position with similar knowledge and experience as a director.

Where a director of a company acts in breach of his or duty, he or she may be liable to indemnify the company for any loss or damage arising from that breach.

Question No. 102 answered with Question No. 101.

Equal Opportunities Employment

Questions (103)

Bernard Durkan

Question:

103. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent to which he remains satisfied that the public and private sectors in Ireland have adequate access to work opportunities under European Union single market standards; and if he will make a statement on the matter. [9943/22]

View answer

Written answers

Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance.

Ireland’s employment rights legislation protects all employees, including migrant workers, who are legally employed on a contract of service basis. This is specifically set out in Section 20 of the Protection of Employees (Part Time Work) Act 2001.

The evolution of the main elements of labour law in Ireland relating to employment rights, employment protection and non-discrimination, reflects, at the national level, a strong focus on the enactment of legislation based on clearly identified needs, in addition to those arising from wider European Union developments.

A "posted worker" is an employee who is sent by his/ her employer to carry out a service in another EU Member State on a temporary basis. Council Directive 96/71/EC defines a posted worker as a ‘person who, for a limited period of time, carries out his or her work in the territory of an EU Member State other than the State in which he or she normally works’. If an Irish worker is posted to another EEA country they are protected under this directive, which was transposed into Irish Law by the Protection of Employees (Part Time Work Act) 2001.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches.

Departmental Communications

Questions (104)

John Brady

Question:

104. Deputy John Brady asked the Tánaiste and Minister for Enterprise, Trade and Employment if he uses an application on his official Government telephone; if so, if he has the disappearing messages setting activated on the application; and if he will make a statement on the matter. [9957/22]

View answer

Written answers

I do not use WhatsApp on my Department issued mobile phone. I do have WhatsApp on my personal phone but do not use it for Government business.

Departmental Bodies

Questions (105)

Sorca Clarke

Question:

105. Deputy Sorca Clarke asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of vacant positions, by job title, currently in Enterprise Ireland; and when each of the vacancies will be filled, in tabular form. [10069/22]

View answer

Written answers

Enterprise Ireland have the following vacancies. Note that Enterprise Ireland have approximately 846 staff.

Enterprise Ireland Vacancies

Job Title

No of vacant positions

When vacancies will be filled

Ireland Based Posts

Executive Assistant

9.5

Q1/Q2 - 2022

Assistant IT Specialist

2

Q2 - 2022

Administrator - Investment Services

1

Q2 - 2022

Assistant Development Adviser – Entrepreneurship & HPSU Operations

1

Q2 - 2022

Administrator – Business Operations

2

Q2 - 2022

Administrator – Retail, Consumer & Online

1

Q2 - 2022

Executive – Corporate Services

4

Q2 - 2022

HR Specialist - Human Resources

2

Q2 - 2022

Executive - Business Operations

5

Q1/Q2 - 2022

Executive – Climate & Sustainability

1

Q2 - 2022

Legal Executive - Investment Services

1

Q2 - 2022

Senior Investment Adviser - Investment Services

3

Q2 - 2022

Senior Executive - Client Services

1

Q2 - 2022

Senior Executive - Business Operations

2

Q2 - 2022

Senior Development Advisers - Industrial & Lifesciences

2

Q2 - 2022

Senior Executive - Organisation Development

1

Q2 - 2022

Senior Executive - Global Procurement

1

Q2 - 2022

Senior Executive - Research & Innovation

2

Q2 - 2022

Senior Technologist - Lifesciences

1

Q2 - 2022

Senior Executive - Regions & Local Enterprise

1

Q2 - 2022

Senior Executive - Retail, Consumer & Online

1

Q2 - 2022

Department Manager, Retail, Consumer & Online

1

Q1 - 2022

Senior Principal Scientific Officer

1

Q2 - 2022

Overseas based posts

Executive Assistant - Eurozone

1

Q2 - 2022

Market Adviser - Americas

2

Q2 - 2022

Market Adviser - France

1

Q2 - 2022

Market Adviser - UK

1

Q2 - 2022

Senior Market Adviser - Americas

8

Q2 - 2022

Senior Market Adviser - UK

2

Q2 - 2022

Senior Market Adviser - Asia Pacific

1

Q2 - 2022

Senior Market Adviser - Middle East & India

4

Q2 - 2022

Manager, India

1

Q2 - 2022

Manager, Brussels

1

Q2 - 2022

Departmental Bodies

Questions (106)

Sorca Clarke

Question:

106. Deputy Sorca Clarke asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of vacant positions, by job title, currently in IDA Ireland; and when each of the vacancies will be filled, in tabular form. [10070/22]

View answer

Written answers

IDA Ireland have the following vacancies. Note that IDA Ireland have approximately 355 staff.

IDA Ireland Vacancies

Job Title

No of vacant positions

When it is expected that vacancies will be filled

Technologist

1

Qtr 2, 2022

Project Executive

1

Qtr 1, 2022

Project Executive

1

Qtr 1, 2022

Regional Business Development Manager

1

Qtr 2, 2022

Regional Business Development Manager

1

Qtr 2, 2022

Sales & Marketing Executive

1

Qtr 2, 2022

Project Executive

1

Qtr 1, 2022

Technologist

1

Qtr 1, 2022

Sales & Marketing Executive

1

awaiting sanction

Assistant Project Executive

1

Qtr 1, 2022

Overseas Territory Director

1

Qtr 1, 2022

Property Executive

1

Qtr 1, 2022

Property Manager

1

Qtr 1, 2022

Network Administrator

1

Qtr 1, 2022

Executive Assistant

1

Qtr 1, 2022

Strategic Policy Manager

1

Qtr 1, 2022

IT Security Manager

1

Qtr 2, 2022

Project Manager

1

Qtr 1, 2022

Assistant Project Executive

1

Qtr 1, 2022

Sales & Marketing Executive

1

awaiting sanction

Sales & Marketing Executive

1

awaiting sanction

Market Analyst

1

awaiting sanction

Assistant Project Executive

1

Qtr 1, 2022

Assistant Project Executive

1

Qtr 1, 2022

Sales & Marketing Executive

1

awaiting sanction

Sales & Marketing Executive

1

awaiting sanction

IT Manager

1

Qtr 1, 2022

Assistant Project Executive

1

Qtr 1, 2022

EU Directives

Questions (107)

Eoin Ó Broin

Question:

107. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications the status of the European Commission enforcement case (2012) 4028 regarding Ireland's alleged failure to transpose and apply the access to justice provisions of Directives 2010/75/EU and 2011/92/EU; and if he will include a report on the origins of the case and the most recent correspondence with the European Commission on the matter [9845/22]

View answer

Written answers

The European Commission issued a Letter of Formal Notice (Case 2012/4228) on 31 May 2012. This infringement remains open, but has not been escalated to reasoned opinion stage by the Commission. The most recent written correspondence from the Commission relating to this infringement was dated 6 February 2019, to which Ireland responded on 26 April 2019. The infringement was also discussed with the Commission in November last year at a Package Meeting chaired by the Department of Housing, Planning and Local Government.

EU Directives

Questions (108)

Seán Sherlock

Question:

108. Deputy Sean Sherlock asked the Minister for the Environment, Climate and Communications the timeline for an amendment to the Building Control Acts to allow for the transposition into law of Article 8 of the Broadband Cost Reduction Directive; and if he will make a statement on the matter. [9887/22]

View answer

Written answers

My Department is engaging with the Department of Housing, Local Government and Heritage on the necessary measures to transpose this outstanding provision, in order that they can be finalised as a matter of urgency.

Litter Pollution

Questions (109)

John Brady

Question:

109. Deputy John Brady asked the Minister for the Environment, Climate and Communications the number of litter fines that have been issued for each local authority in each of the years 2015 to 2021 and to date in 2022; and the number of fines that have been paid in each local authority in each of the years 2015 to 2021 and to date in 2022, in tabular form. [9922/22]

View answer

Written answers

My Department is responsible for setting the policy and legislative framework within which local authorities discharge their functions under the Litter Pollution and Waste Management Acts.

Questions in relation to the number of litter fines imposed, revenues raised through the imposition of litter fines for specific offences and prosecutions taken by individual local authorities should be directed towards those specific authorities.

Litter Pollution

Questions (110)

John Brady

Question:

110. Deputy John Brady asked the Minister for the Environment, Climate and Communications the number of fines that have been issued for dog littering in each local authority in each of the years 2015 to 2021 and to date in 2022; and the number of fines that have been paid in tabular form. [9923/22]

View answer

Written answers

Enforcement actions against illegal waste and littering activity, including dog littering,  are a matter for local authorities.

Questions in relation to the number of litter fines imposed, and revenues raised through the imposition of litter fines for littering offences in individual authorities can be directed towards those specific authorities.

Waste Management

Questions (111)

Jackie Cahill

Question:

111. Deputy Jackie Cahill asked the Minister for the Environment, Climate and Communications when he plans to notify local authorities of the extension to the granting of permits to burn green waste on farms, given that Tipperary County Council is yet to receive this notice, in order to allow farmers to avail of this; and if he will make a statement on the matter. [9046/22]

View answer

Written answers

Statutory Instrument No. 51 of 2022 -Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022- was published on 11th February. The Regulations extend the exemption to the prohibition on the burning of domestic waste and allows farmers, as a last resort, to dispose by burning of waste generated by agricultural practice. This is the fifth extension to the exemption and will run until 1 January 2023. Discussions will shortly commence between officials from my Department and the Department of Agriculture, Food and the Marine to come up with alternatives to this practice and I therefore anticipate that this will be the final extension of the exemption.  

All Local Authorities were notified of the extension of the exemption by circular letter on 15th February.

Waste Management

Questions (112)

Peter Burke

Question:

112. Deputy Peter Burke asked the Minister for the Environment, Climate and Communications if there are regulations in place which stop farmers removing waste from buildings (details supplied); and if he will make a statement on the matter. [9086/22]

View answer

Written answers

The Waste Management Act states that a person may not: - Cause or facilitate the abandonment, dumping or unauthorised management or treatment of waste, or

- Hold, transport, recover or dispose of waste, or treat waste, in a manner that causes or is likely to cause environmental pollution.

The enforcement of waste legislation is a statutory function of local authorities.  Under section 60(3) of the Waste Management Act, the Department of Environment, Climate & Communications is precluded from the exercise of any power or control in relation to the performance in particular circumstances of the statutory functions of a local authority, therefore I would suggest that the Deputy contact the local authority concerned in this case.

Broadband Infrastructure

Questions (113)

Michael McNamara

Question:

113. Deputy Michael McNamara asked the Minister for the Environment, Climate and Communications the status of the provision of fibre broadband to a property (details supplied); and if he will make a statement on the matter. [9127/22]

View answer

Written answers

The Question refers to a premises located in the AMBER area on the National Broadband Plan (NBP) High Speed Broadband Map which is available on my Department's website, www.broadband.gov.ie. The AMBER area represents the area to be served by the network to be deployed under the NBP State led intervention.

I appreciate people’s frustration when they are living close to a fibre network, owned by a commercial operator, but cannot get a connection to that network. The NBP will ensure that in all such cases a future proofed high speed broadband network will be built to serve these premises and work to deliver on this is underway. 

With regard to the commercial operator referred to in the Question, the provision of telecommunication services is a matter for the relevant service providers operating in a fully liberalised market regulated by the Commission for Communication Regulation (ComReg), as independent Regulator. As set out in the Programme for Government, ensuring access to high-quality internet connections for people across Ireland is essential to the development of all parts of our country, socially and economically. Facilitating remote working and innovation opportunities is essential for addressing climate change, adapting in an evolving economy, and competing internationally. A combination of commercial investment and the State led National Broadband Plan intervention will ensure access to high speed broadband in every part of the country no matter how remote.

I am advised by National Broadband Ireland (NBI) that, as of 11 February, over 300,000 have been surveyed or have survey underway, with over 157,000 premises constructed or under construction across all counties. NBI has also advised that premises are connected in 16 counties; Carlow, Cavan, Clare, Cork, Galway, Kerry, Kildare, Laois, Limerick, Louth, Monaghan, Roscommon, Sligo, Tipperary, Wexford and Wicklow and over 54,500 premises are available to order and pre-order across 21 counties.  In County Clare surveying is complete in the Deployment Areas of Feakle and Corofin, which includes the premises referred to in the question, and main works are underway in the Deployment Area of Kilkishen. To date almost 8,000 premises in County Clare have been surveyed, with over 3,500 premises under construction and over 1,500 premises now available to order or pre-order. 

Further details are available on specific areas within County Clare through the NBI website which provides a facility for any premises within the intervention area to register their interest in being provided with deployment updates through its website, www.nbi.ie. Individuals who register with this facility will receive regular updates on progress by NBI on delivering the network and specific updates related to their own premises as works commence. NBI has a dedicated email address, reps@nbi.ie, which can be used by Oireachtas members for specific queries.

Broadband Connection Points (BCPs) are a key element of the NBP providing high speed broadband in every county in advance of the roll out of the fibre to the home network. As of 11 February 2022, 486 BCP sites have been installed by NBI and the high speed broadband service will be switched on in these locations through service provider contracts managed by the Department of Rural and Community Development for publicly accessible sites and the Department of Education for school BCPs. In County Clare 7 BCP’s have been installed to date, including Obair Family Centre which is approximately 14.3km from the premises referred to. Further details can be found at nbi.ie/bcp-locations/.

In County Clare 12 schools have been installed by NBI to date for educational access. My Department continues to work with the Department of Education to prioritise schools with no high speed broadband, within the Intervention Area. Further details of schools in scope are available on the NBI website at nbi.ie/primary-schools-list/.

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