Written Answers 87-112
87. Deputy Carol Nolan asked the Taoiseach the number of external consultant reports commissioned by his Department in each of the years 2019 to 2021 and to date in 2022; the cost of same; the company involved; and the title and publication date of each report in tabular form. [13572/22]
View answerThe table below details the external consultant reports, including external Information Technology (IT) consultancy, commissioned by my Department in each of the years 2019 to 2021 and to date in 2022.
|
Name |
Costs |
Date of Commission |
Date of Publication |
Consultant |
|
Review of Personal Evacuation Plan |
€615 |
2019 |
N/A |
Andrew Doyle Safety Consultants |
|
IT Security Risk Assessment Review and Support |
€6,911 |
2019 |
N/A |
Ward Solutions Ltd |
|
e-Cabinet Security Risk assessment review and penetration testing |
€7,557 |
2020 |
N/A |
Ward Solutions Ltd |
88. Deputy Carol Nolan asked the Taoiseach the cost incurred by his Department for the supply of Covid-19 related face masks and face coverings since March 2019 to date; and the name of the supplier involved. [13900/22]
View answerExpenditure by my Department for the supply of face masks since March 2019 was €2,359.96, with the first purchase in March 2020. These were purchased for the most part under contract with Musgrave Limited, but other suppliers were used on occasion depending on urgency and availability.
89. Deputy Carol Nolan asked the Taoiseach the cost incurred by his Department for the supply of Covid-19 related hand sanitiser since March 2019 to date; and the name of the supplier involved. [13918/22]
View answerExpenditure by my Department for the supply of hand sanitiser products since March 2019 was €10,220.46, with the first purchase in March 2020. These were procured and purchased for the most part from Ecolab Limited but other suppliers were also used on occasion depending on urgency and availability.
90. Deputy Patrick Costello asked the Taoiseach the actions that his Department has taken to implement the relevant recommendations from the Oireachtas Joint Committee report on Key Issues Affecting the Traveller Community issued in November 2021. [14013/22]
View answerThe Government is committed to improving the lives of the Traveller and Roma Communities in Ireland. Across all of Government, a wide range of specific and targeted policy approaches, designed in consultation with Traveller and Roma community representatives, are in place to pursue those improved outcomes and bring about far greater inclusion across all of Irish society
The recommendations contained in the Report of the Special Oireachtas Committee on Key issues affecting the Traveller Community will inform the next iteration of the National Traveller and Roma Inclusion Strategy. The Minister for Children, Equality, Disability, Integration and Youth is leading on this strategy and the support of all Government Departments will be crucial in ensuring the successor strategy will have a more outcomes focused approach.
91. Deputy Carol Nolan asked the Taoiseach if he or officials from his Department have engaged in any form of communication with the World Economic Forum or representatives of the World Economic Forum including by phone call, webinar, email or any event organised by the World Economic Forum from 1 January 2019 to date; and if so, the details of same. [14168/22]
View answerIn January 2019, the then Taoiseach attended the World Economic Forum’s annual event in Davos, Switzerland.
While I have received invitations from the World Economic Forum (WEF) to attend their annual forum in 2021, which was ultimately cancelled, and their planned forum in May this year, I have not personally been in contact with them.
Officials in my Department have been in contact with the WEF, by email and phone, in relation to the then Taoiseach’s 2019 visit; his subsequent cancelled visit in 2020; and invitations to me to the cancelled 2021 annual forum and the planned 2022 Forum.
92. Deputy Ged Nash asked the Taoiseach if the next Secretary General of his Department will be appointed through open public competition and under the Top-Level Appointments Committee process; and, if not, the reasons for the departure from that process. [14801/22]
View answerThe forthcoming vacancy in the position of Secretary General to the Government and Secretary General of the Department of the Taoiseach will be filled following a request for expressions of interest from all suitable officers in the Civil Service.
The post does not come within the remit of TLAC. The appointment will be made by the Government, on my advice.
There is no departure from the process that was followed in respect of this post on previous occasions, most recently in 2011.
93. Deputy Holly Cairns asked the Taoiseach his views on the Central Statistics Office automatically assigning male or female sex to those who choose not to declare on the 2022 census form. [15065/22]
View answerUnder Commission Regulation (EU) 2017/543, the CSO is legally obliged to produce data on sex with response options limited to male and female only in Census 2022. This is reflected in Question 2 on the census form which asks “What is your sex?” with response options of “Male” and “Female”.
CSO launched a public consultation on the content of the Census 2022 questionnaire in late 2017. As part of this consultation, members of the public and interested stakeholders were invited to submit their requests for new questions and revisions to existing questions. To assist the CSO in assessing the submissions, a Census Advisory Group (CAG) was formed. Membership of the CAG was drawn from organisations and groups who regularly use census data. The CAG made recommendations on which new and revised questions should be tested during a Census Pilot survey which was held in September 2018. Following the Pilot, the CAG assisted the CSO in deciding which questions should be recommended to government for inclusion on the census form.
During the consultation process, several submissions were made requesting a new question on gender identity. As gender identity is an emerging area for statistical data collection, the CAG proposed that the CSO should test and develop a new question that would capture robust data on gender identity before it should be considered for inclusion on a census. Subsequent to the consultation, the CSO has introduced a new gender identity question on both a household survey and as part of the new PULSE surveys. The CSO’s view is that the new question has performed well and that it will be recommended for Pilot testing as part of the preparations for the next census. Inclusion of the new gender identity question in the next census will be subject to approval by the CAG and ultimately by government.
The CSO is aware that in the absence of a question on gender identity on the census form, some members of the public may have difficulty in responding to the question on sex as it appears on the census form. In order to make the census as inclusive as possible, the CSO has advised that for people who have such a difficulty, they can mark both male and female boxes.
In order to meet the aforementioned EU regulation, the CSO is legally obliged to categorise the sex of all persons on the census as either male or female. When both response options have been marked on the census form, the CSO will be required to impute a value of either male or female to each digital record. The imputation of these values will reflect the distribution of the sex variable across the population, which is approximately 50/50. The digital data will be used as the basis for census statistical publications and will only be released in aggregated form.
The CSO will not make any amendments to the paper forms returned from the public. Thus, should someone mark both boxes in the sex question on their census form, this paper record will remain unchanged and will be what is made public 100 years after the census in line with Section 35 of the Statistics Act 1993.
Census 2022 also contains a new time capsule section which provides a space on the form where households have the option to write a message of their choosing. Along with the rest of the census forms, these messages will be placed in secure storage until the release of the forms after 100 years. The time capsules provide an opportunity for members of the public to record information not otherwise captured on the census form.
94. Deputy Holly Cairns asked the Taoiseach the options that are available to persons who do not identify as either female or male on the 2022 census form. [15066/22]
View answerUnder Commission Regulation (EU) 2017/543, the CSO is legally obliged to produce data on sex with response options limited to male and female only in Census 2022. This is reflected in Question 2 on the census form which asks “What is your sex?” with response options of “Male” and “Female”.
CSO launched a public consultation on the content of the Census 2022 questionnaire in late 2017. As part of this consultation, members of the public and interested stakeholders were invited to submit their requests for new questions and revisions to existing questions. To assist the CSO in assessing the submissions, a Census Advisory Group (CAG) was formed. Membership of the CAG was drawn from organisations and groups who regularly use census data. The CAG made recommendations on which new and revised questions should be tested during a Census Pilot survey which was held in September 2018. Following the Pilot, the CAG assisted the CSO in deciding which questions should be recommended to government for inclusion on the census form.
During the consultation process, several submissions were made requesting a new question on gender identity. As gender identity is an emerging area for statistical data collection, the CAG proposed that the CSO should test and develop a new question that would capture robust data on gender identity before it should be considered for inclusion on a census. Subsequent to the consultation, the CSO has introduced a new gender identity question on both a household survey and as part of the new PULSE surveys. The CSO’s view is that the new question has performed well and that it will be recommended for Pilot testing as part of the preparations for the next census. Inclusion of the new gender identity question in the next census will be subject to approval by the CAG and ultimately by government.
The CSO is aware that in the absence of a question on gender identity on the census form, some members of the public may have difficulty in responding to the question on sex as it appears on the census form. In order to make the census as inclusive as possible, the CSO has advised that for people who have such a difficulty, they can mark both male and female boxes.
In order to meet the aforementioned EU regulation, the CSO is legally obliged to categorise the sex of all persons on the census as either male or female. When both response options have been marked on the census form, the CSO will be required to impute a value of either male or female to each digital record. The imputation of these values will reflect the distribution of the sex variable across the population, which is approximately 50/50. The digital data will be used as the basis for census statistical publications and will only be released in aggregated form.
The CSO will not make any amendments to the paper forms returned from the public. Thus, should someone mark both boxes in the sex question on their census form, this paper record will remain unchanged and will be what is made public 100 years after the census in line with Section 35 of the Statistics Act 1993.
Census 2022 also contains a new time capsule section which provides a space on the form where households have the option to write a message of their choosing. Along with the rest of the census forms, these messages will be placed in secure storage until the release of the forms after 100 years. The time capsules provide an opportunity for members of the public to record information not otherwise captured on the census form.
95. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to the length of time it is taking his Department to process work permit applications (details supplied); and if he will make a statement on the matter. [14966/22]
View answerThe employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, in circumstances where there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one. The system is managed through the use of lists designating highly skilled and ineligible occupations.
Since March 2020, the Department has implemented Covid-19 contingency arrangements moving employment permit operations seamlessly to a totally remote working environment. Indeed, Ireland was one of the few countries which managed to keep their employment permit system fully operational throughout the crisis.
From the outset of the crisis, in order to assist the HSE and all other medical providers in the State to respond to, and to assist with, the public health response to the threat of Covid-19, all medical employment permits are expedited with immediate effect.
My Department experienced a significant increase in applications for employment permits in the past year. Applications for Employment Permits increased significantly over the course of 2021, impacting on processing times. From the start of January to the end of December 2021, some 27,666 applications were received, representing a 69% increase over the same period in 2020 (16,293) and a 47% increase on 2019 (18,811), which itself represented an 11 year high in applications.
My Department has issued 16,275 employment permits in 2021, and processed a total of 17,968 applications which represents a significant volume of activity.
In addition, the extension of categories of employment permits following the latest Review of the Occupational Lists has increased the availability of employment permits for these roles.
Processing times have been impacted by this increase in demand but also because of the HSE cyber-attack. As a result, employment permit applications associated with the July Doctors rotation (which occurs twice yearly in January and July) had to be submitted either manually or through other nonstandard methods.
My Department recognises the impact delays on the processing times for work permits has for businesses and their workers and has developed a plan of action to reduce processing times built up over the pandemic.
The plan includes both additional staffing and systemic changes. Staffing actions include recruitment of additional permanent and temporary staff. When all recruitment is completed, the team will be three and a quarter times the size it was in early November. There has also been an increase in overtime and the temporary reassignment of staff from other areas of the Department with relevant skills.
These measures have already delivered a considerable increase in processing capacity. As the plan of action is fully implemented it is expected that there will be positive progress achieved in reducing the backlog by the end of Q1 with it substantially reduced by the end of Q2 2022. This should see a return to more normal processing timeframes. Indeed
In addition, further systemic changes have also been introduced. My Department has worked with the Department of Health, the Health Service Executive and the Department of Justice to streamline and extend the time period for General Employment Permits (GEP) issued to doctors. A new two-year multi-site GEP for Medical Doctors in Public hospitals and Public health facilities was introduced in respect of the January 2022 Doctors rotation. This will result in significant benefits for applicants, as well as major efficiencies for the Employment Permits Section, by eliminating the necessity to apply for additional employment permits when moving to a different Public hospital or Public health facility within this two year period.
The Employment Permits Section is currently processing General Employment Permit Trusted Partner applications from 25 November and Standard applications from 26 October.
The Department provides regular updates on its website in relation to processing times and engages directly with key stakeholders including the IDA Ireland, Enterprise Ireland, AmCham, IBEC, representative groups and individual companies, as required.
Applicants can keep track of Employment Permit applications current processing dates at enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates.
96. Deputy Sean Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment if discussions are being held at European Union level to ensure security of supply of steel products from third countries in which no sanctions apply but for which tariffs apply. [15008/22]
View answerAs the Deputy will be aware, the European Union imposed Safeguard Measures on steel imports into the EU in July 2018 in response to the United States applying a 25% tariff on steel imports originating from 3rd Countries, including the European Union. As a result of the US Measures, there was an increased risk of steel originally destined for the US market being diverted to the EU and thereby distorting the EU steel market.
To address this risk, the EU introduced Steel Safeguards Measures in 2018 for an initial period of 3 years. These measures were extended following a review of the mechanism in June 2021. The decision to continue the measures for a minimum period of 2 years was based on a Commission-led review which recommended the prolongation of the measures in order to defend the Single Market against 3rd country steel flooding the market, which could potentially injure EU steel producers across the Union.
The current Safeguard Measures allow for the importation of steel from 3rd Countries by way of quotas, determined in line with traditional volumes of trade in steel before the Safeguard tariff is applied. Thus, traditional trade flows should not be impacted by the ongoing Measures.
Additionally, as of the 1st January of this year a quota-based system on exports of EU steel and aluminium into the US was implemented in place of the 2018 tariffs on all such imports. This system allows all EU Member States to export steel and aluminium products to the US - within traditional trade volumes - without attracting the additional 25% tariff. In response, the EU suspended its rebalancing countermeasures against the US that were imposed in 2018, these rebalancing measures are separate to the Steel Safeguard measures that continue to be applied to third county imports. These joint actions are welcomed but are considered to be incremental steps in finding a permanent solution to the issue of trade in steel and aluminium between the EU and US.
As the Deputy will know on the 24 February 2022, the Russian Federation commenced a large scale military invasion of Ukraine. As one element of its response, the European Union implemented an import ban on steel products originating in the Russian Federation and Belarus and this action was taken due to the unacceptable and illegal Russian military aggression against Ukraine.
In light of these developments, the EU Commission recognised that its Safeguard Measures needed to be recalibrated to take into account changed internal market dynamics due to the ban of imports of steel and aluminium products from the Russian Federation and Belarus.
Therefore, the EU Commission proposed to Member States to adjust the functioning of the EU Safeguard measures to ensure that these import bans do not create a shortage of supply in the Union and that Union steel users can continue to source those volumes from other third country sources.
The proposals themselves aimed to proportionately redistribute the quota volumes allocated to both countries among other exporting third countries based on the most recent data available to the EU Commission, the overall share of imports from 2021. This approach by the EU is also in line with the logic of the functioning of the measure, as it preserves traditional trade flows in terms of volumes and origins, adapted to the current exceptional circumstances.
This proposal has been formally adopted by the European Union and came into force as of 16th March 2022.
Officials in my Department continue to engage with Irish industry and representative groups and liaise closely with EU officials regarding the operation of the safeguard measures to ensure that they continue to meet their objective in guarding EU steel producers from the harmful impact of trade diversion of steel while at the same time ensuring that the EU market stays open to fair and sustainable competition where EU importers can secure supply at competitive prices.
As always, steel sourced within the EU is not subject to any such tariffs as part of the Single Market.
97. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the total value of dual-use exports to Israel and Palestine for the period of 2017 to date. [13883/22]
View answer‘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 officials assess all ‘Dual-Use’ export applications on a case-by-case basis, in accordance with the relevant legislation and against the eight assessment criteria set out in Council Common Position 2008/944/CFSP. In assessing such applications the views of the Department of Foreign Affairs is also considered as well as any EU Restrictive Measures in place.
The value of individual ‘Dual-Use’ export licences issued in respect of Israel from 2017 to date is presented below in tabular format. No licences were issued in respect of exports to Palestine over this period.
|
Year |
Total Value of Individual Licences € |
|
2017 |
5,175,210 |
|
2018 |
3,073,005 |
|
2019 |
4,964,796 |
|
2020 |
7,153,410 |
|
2021 |
10,365,643 |
|
2022 to date |
906,039 |
98. Deputy Carol Nolan asked the Tánaiste and Minister for Enterprise, Trade and Employment the cost incurred by his Department for the supply of Covid-19 related face masks and face coverings since March 2019 to date; the name of the supplier involved; and if he will make a statement on the matter. [13889/22]
View answerMy Department responded swiftly and effectively to the COVID-19 pandemic, with the primary focus being on public health. Set out in the table below are the expenditure details by supplier regarding the procurement of face masks and face shields undertaken by the Department and its Offices since February 2020 which is when the pandemic hit Ireland.
The Offices of the Department include the Companies Registration Office (including the Register of Beneficial Owners and the Registry of Friendly Societies), the Intellectual Property Office of Ireland, the Labour Court, the Office of the Director of Corporate Enforcement and the Workplace Relations Commission. The Department and its Offices are spread across 11 locations across the country in Dublin, Carlow, Clare, Cork, Kilkenny and Sligo.
Reusable masks and face shields were provided for staff. Disposable masks were provided for any contractors and visitors when permitted in attendance onsite in accordance with the prevailing Government restrictions and Public Health guidelines.
Where possible, suppliers used were procured utilising existing frameworks in place via the Office of the Government Procurement (OGP). Where no OGP framework was available at a point in time, then every effort was made to request quotes from a minimum of three suppliers and subject to availability of supply.
|
Supplier |
Expenditure inclusive of VAT |
|
Bunzl |
€790.89 |
|
Codex Ltd |
€1,325.45 |
|
DBC Group |
€23,454.90 |
|
Emergency Care Group |
€416.85 |
|
Grosvenor Cleaning Services |
€334.50 |
|
Hunt Office |
€187.78 |
|
Lyreco |
€141.76 |
|
Nisbets |
€47.95 |
|
Opus Print |
€3,509.80 |
|
Q-Flow |
€7,175.24 |
|
Viking Direct |
€126.99 |
|
Total (11 suppliers over two years) |
€37,512.10 |
99. Deputy Carol Nolan asked the Tánaiste and Minister for Enterprise, Trade and Employment the cost incurred by his Department for the supply of Covid-19 related hand sanitiser since March 2019 to date; the name of the supplier involved; and if he will make a statement on the matter. [13907/22]
View answerMy Department responded swiftly and effectively to the COVID-19 pandemic, with the primary focus being on public health. Set out in the table below are the expenditure details by supplier regarding hand sanitiser and related products, including dispensing units, pumps and stands, undertaken by the Department and its Offices since February 2020 which is when the pandemic hit Ireland.
The Offices of the Department include the Companies Registration Office (including the Register of Beneficial Owners and the Registry of Friendly Societies), the Intellectual Property Office of Ireland, the Labour Court, the Office of the Director of Corporate Enforcement and the Workplace Relations Commission. The Department and its Offices are spread across 11 locations across the country in Dublin, Carlow, Cork, Clare, Kilkenny and Sligo.
Hand Sanitiser was, and still is, provided across all of our buildings for the use of staff, contractors and any visitors as allowed in attendance and in accordance with the Government restrictions and Public Health guidelines.
Where possible, suppliers used were procured utilising existing frameworks in place via the Office of the Government Procurement (OGP). Where no OGP framework was available at a point in time, then every effort was made to request quotes from a minimum of three suppliers and subject to availability of supply.
|
Supplier |
Price (inclusive of VAT) |
|
Barrow Cleaning Products |
€176.97 |
|
Bunzl |
€4,840.14 |
|
Codex Ltd |
€3,780.50 |
|
DBC Group |
€1,139.76 |
|
Emergency Care Group |
€547.10 |
|
Grosvenor Cleaning Services |
€8,166.26 |
|
Hunt Office |
€581.32 |
|
James Boylan Safety Ltd |
€431.73 |
|
Jones Business Systems |
€699.90 |
|
Nisbets |
€142.48 |
|
Office Depot |
€410.74 |
|
Soltec |
€810.42 |
|
Viking Direct |
€1,623.20 |
|
Total (across 13 suppliers over two years) |
€23,350.53 |
100. Deputy Sorca Clarke asked the Tánaiste and Minister for Enterprise, Trade and Employment the current schedule for trade missions for 2022; if adjustments will occur considering the ongoing fuel crisis; and if he will make a statement on the matter. [13975/22]
View answerEach year, Enterprise Ireland offers a programme of trade missions and events which support the goal of securing high-level market access for companies based in Ireland who are aiming to grow business overseas and increase domestic employment.
In recent years the majority of Ministerial-led Trade Missions have taken place to the Eurozone, North America and Asia Pacific, which represented the strongest growth opportunities for Irish companies. These Trade Missions focused on promoting the innovative capabilities and competitive offerings of Irish companies to international buyers in sectors including internationally traded services, fintech, high-tech construction, engineering, ICT and lifesciences.
Due to the Covid-19 pandemic, trade missions took place virtually throughout 2020 and during Quarters 1 to 3 of 2021. Physical trade missions took place during Quarter 4 of 2021.
My Department is currently working closely with its agencies on a trade mission schedule for Q2 of 2022 which will maximise opportunities to help Irish companies to access new markets and to increase the levels of foreign direct investment into Ireland. Trade missions are being planned for the the second quarter to the USA, Mexico, European and New Zealand. The trade mission schedule for 2022 is being planned and reviewed on a quarterly basis due to the changing global environment and adjustments will be made where deemed necessary.
101. Deputy Patrick Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment he actions that his Department has taken to implement the relevant recommendations from the Oireachtas Joint Committee report on Key Issues Affecting the Traveller Community issued in November 2021. [14002/22]
View answerThere are no specific recommendations in the report that fall under the remit of my Department. The agencies of my Department, such as Enterprise Ireland and the Local Enterprise Offices, provide a range of supports designed to assist entrepreneurs, sole traders and small and medium enterprises to establish and grow businesses. These supports are available to members of the Travelling Community that are involved in such endeavours.
102. Deputy Carol Nolan asked the Tánaiste and Minister for Enterprise, Trade and Employment if he or officials from his Department have engaged in any form of communication with the World Economic Forum or representatives of the World Economic Forum including by phone call, webinar, email or any event organised by the World Economic Forum from 1 January 2019 to date; if so, the details of same; and if he will make a statement on the matter. [14157/22]
View answerThe Managing Director of the Centre for the New Economy and Society, World Economic Forum, was a key note speaker at the Future Jobs Ireland Summit 2019 organised by my Department in collaboration with the Department of the Taoiseach.
In the period from March 2019 to May 2019, there was correspondence and discussions between officials in the Digital Economy Policy Unit of my Department and World Economic Forum officials regarding the French Artificial Intelligence (AI) strategy and World Economic Forum projects on AI Governance.
In October 2019, officials from my Department attended an online event for the pre-launch of the Global Competitiveness Report 2019. The key findings of the report were presented by a Project Specialist at the World Economic Forum.
In the period from October 2020 to May 2021, my office received a number of email communications from representatives of the WEF regarding invitations to attend WEF events including:
- 'The Great Reset' dialogue, December 2020
- Global tech governance summit, April 2021
- Special annual meeting, Singapore, August 2021 (this event was subsequently deferred until 2022)
Due to other commitments, I did not attend these events.
In November and December 2021, my office was in correspondence with World Economic Forum representatives regarding my planned attendance at the World Economic Forum Annual Meeting in Davos, which had been scheduled for January 2022. In November, one of my special advisers had a call with the WEF’s Deputy Head of Europe and Eurasia to discuss my participation in this event. The event was subsequently deferred until May 2022 due to the Covid-19 situation and I have received an updated invitation from the WEF.
103. Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 165 of 15 September 2021, if his Department has completed its review of the public consultation submissions on furniture fire safety regulations; when he expects further recommendations on revised regulations to be issued; the next steps in the process; and if he will make a statement on the matter. [14199/22]
View answerIn the area of furniture fire safety, there are no harmonised EU standards. The Irish standard (I.S. 419:2011) and regulations (SI No. 316/1995) were introduced to protect consumers by preventing the rapid spread of a fire started on or near furniture. The Irish Regulations set out a more robust safety standard than applies in other EU Member States in order to provide a higher level of safety in this area.
Due to competing priorities as a result of the Covid-19 pandemic, progress on the assessment of submissions was delayed, however analysis of the submissions has resumed again at pace. There have been a number of reports comparing mortality rates due to fires in the EU and the United States along with reports looking at the causes of domestic fires and these reports are being taken into account by my officials, where relevant.
I hope to have recommendations on any revised regulations on foot of that evaluation process in the later in the year.
104. Deputy Seán Canney asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps that can be taken against employers that did not give the 18 March bank holiday to staff; if his attention has been drawn to such instances; and if he will make a statement on the matter. [14217/22]
View answerThe Government has agreed to have a once-off public holiday on Friday 18th March 2022 in recognition of the efforts of the general public and Ireland’s frontline workers during the Covid-19 pandemic and in remembrance of people who lost their lives due to the Covid-19 pandemic.
From next year there will be a new permanent public holiday established in celebration of Imbolc/St. Brigid’s day. This will be the first Monday in every February, except where St. Brigid’s day, the 1st day of February, happens to fall on a Friday, in which case that Friday 1st February will be a public holiday. The Government want to ensure that the new public holiday provides for a long weekend for people. The first St. Brigid’s day public holiday will be Monday 6th February 2023.
The legislation which provides for public holidays is the Organisation of Working Time Act 1997. Section 21 of the Act provides that:
(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—
(a) a paid day off on that day,
(b) a paid day off within a month of that day,
(c) an additional day of annual leave,
(d) an additional day’s pay:
Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance.
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. Complaints can be made on a single online complaint form available at the WRC’s website www.workplacerelations.ie .
105. Deputy Claire Kerrane asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps that can be taken in cases in which a State funded organisation (details supplied) ignores a recommendation from the Workplace Relations Commission given that the organisation relies on the State for funding; and if he will make a statement on the matter. [14256/22]
View answerAt the outset, I would point out that the funding of any State funded organisation is a matter for the Minister with policy responsibility for the area in question.
Regarding enforcement of recommendations from the Workplace Relations Commission; it is well established that the system of industrial relations in Ireland is essentially voluntary in nature.
A complaint may be submitted for adjudication under the Industrial Relations legislation, where a “trade dispute” (other than a dispute connected with rates of pay, or hours or times of work or annual holidays of, a body of workers) exists.
The procedure followed in investigating a trade dispute by an Adjudication Officer is substantially different to that used in cases involving legal rights and results in a “Recommendation” rather than a “Decision” from the Adjudication Officer.
“Its recommendation has no strictly legal effect but rather relies upon the moral authority of the expert statutory body from which it emanates. It does not give rise to justiciable rights such as would permit the applicants to seek judicial review” – (Noonan J in Mullally and ors v Labour Court [2015] IEHC 351)
Therefore, the state cannot compel a party to comply with a “recommendation” issuing from the WRC.
While I would strongly encourage the parties to comply with the recommendation of the WRC, the ultimate responsibility for the resolution of industrial disputes between employers and workers, rests with the employer, the workers and their representatives.
106. Deputy Niamh Smyth asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the opening of a factory (details supplied); and if he will make a statement on the matter. [14335/22]
View answerThe factory in Carrickmacross was officially opened in November 2019 when the fit out of the facility was completed. As a proposed manufacturer of infant formula supplying the Chinese market, the company is required to have their facility fully audited and approved for operations prior to the commencement of any production.
As the Deputy may be aware, this process includes approval by the Department of Agriculture, Food and the Marine (DAFM) and also inspection and approval by the Chinese authorities. However, delays to this mandatory regulatory approval process were encountered due to the effects of the Covid-19 pandemic and associated travel restrictions.
Whilst DAFM approved the site for production in mid-2021, Chinese approval is still outstanding.
Officials from DAFM are in the process of liaising with their Chinese counterparts in order to determine whether Irish officials can undertake this approvals process on their behalf. In that regard, DAFM hopes to be able to undertake this work later this year.
I understand that there are currently 7 workers employed on site, across business development, finance and engineering functions, with an expectation to grow employment as the business builds.
My Department’s Agency, Enterprise Ireland, continues to build their relationship with the company and are actively supporting them to look at wider business opportunities across the nutritional powders market.
107. Deputy Dessie Ellis asked the Tánaiste and Minister for Enterprise, Trade and Employment if there are plans to engage with various professions, sectors and employers to ascertain if the qualifications of Ukrainian nationals are acceptable here to create employment opportunities; if so, if they can be rapidly facilitated to work, particularly in sectors in which Ireland currently has shortages in the economy, such as the hospitality sector; if he will engage with ministerial colleagues in this regard; if he will consider putting in place a mechanism to identify employment vacancies in local areas to simplify and facilitate the rapid employment of Ukrainian refugees; and if he will make a statement on the matter. [14521/22]
View answerThe Government is committed to providing emergency support to meet the immediate needs of those fleeing the Russian invasion of Ukraine. My Department will be working alongside the Department of Social Protection and other relevant Departments in facilitating full access to the labour market for those arriving from Ukraine, as guaranteed under the EU’s Temporary Protection Directive.
I discussed some of these issues with businesses at a meeting of the Enterprise Forum last week. We will consider further how we can ensure those arriving can take up appropriate employment as soon as possible and that businesses are adequately informed.
As well as full labour market access, the Temporary Protection Directive guarantees rights and supports for those arriving in Ireland, including:
- Permission to reside in Ireland for a period of 1 year. This permission may be further extended after this year has elapsed.
- Social welfare income supports
- Access to education
- Access to medical care
In addition to a support centre established in Dublin Airport, three new city centre hubs to support Ukrainian nationals have been established by the Government, in Dublin, Cork and Limerick. These ‘Ukraine supports centres’, as well as a number of Intreo Centres, will assist Ukrainians in obtaining PPS numbers, in availing of social welfare income supports and receiving referrals to other State services.
The Intreo employment services are available to assist those arriving from Ukraine as they seek employment in the Irish labour market, including through skills audits and CV preparation.
A dedicated section on the Department of Social Protection’s free recruitment platform, www.jobsireland.ie , is also being developed to provide information to newly arrived Ukrainians; this will include a document of Frequently Asked Questions which will be available in English, Ukrainian and Russian. This will be advertised through social media and at the Ukraine Support Centres, while the Employment Services Officers of the Department of Social Protection will also be available to Ukrainians seeking assistance.
Employers who wish to support Ukrainians through provision of employment opportunities, which should be compliant with employment law and good practice and offer market rates of pay, should register on www.jobsireland.ie . This will enable Employment Services Officers to match the skills of those seeking employment with available work opportunities. Ukrainians seeking employment will also be able to access the service directly, to upload details of their skills and experience for matching with available employment opportunities.
It should be remembered that many of those newly arrived are traumatised and that while some have a good level of English, many others have little or none. The aim will be to match those in a position to work with jobs for which they have recognised qualifications and the language skills necessary to undertake the work.
The Department of Social Protection will be working with the Department of Further and Higher Education, Research, Innovation and Science and its agencies to support Ukrainian jobseekers in acquiring English language and other skillsets as necessary. My Department will also be making available enterprise supports, to facilitate those with entrepreneurial experience in re-establishing where possible businesses in Ireland.
108. Deputy Dessie Ellis asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans that are in place to engage with the various unions with regard to Ukrainian refugees to agree on their employment conditions to ensure they are not exploited when employed; and if he will make a statement on the matter. [14522/22]
View answerIn Ireland, there is a robust suite of employment protections in place. I wish to confirm to the Deputy that migrant workers benefit from the same statutory employment protections as their Irish and EEA resident counterparts.
Along with the Government, our State Agencies, Trade Unions and employer representative organisations are committed to ensuring that every Ukrainian person who arrives in Ireland is welcomed and provided with all the supports and protections they require to make them feel safe and integrated into our communities right across the country.
109. Deputy Seán Haughey asked the Tánaiste and Minister for Enterprise, Trade and Employment if his Department is being kept informed regarding the proposed closure of a factory (details supplied); when production at this plant will cease; if any activity will continue on this site; if the social protection protocol has been activated in this case in order that employees can be assisted in claiming benefits and undertaking retraining; if employees are expected to receive a redundancy package in excess of the statutory redundancy level; and if he will make a statement on the matter. [14615/22]
View answerMy Department is in ongoing consultation with the IDA regarding the factory closure at Tosara Pharma Ltd. in Baldoyle.
Tosara has informed my Department, through IDA Ireland, that it is on track to cease activity in the plant in November 2022 and the facility will be decommissioned in Q1 2023. From my understanding, Tosara intends to sell the site as is and marketing materials will be released in due course by its Agent to both IDA Ireland and Enterprise Ireland to assist in promoting the facility across its network.
The Department of Social Protection is aware of the situation, and it will ensure all necessary provisions are in place to support the over 100 affected employees when the closure happens. These supports will include welfare entitlements, help with job search and educational/upskilling opportunities.
I have also been made aware that Teva facilitated an educational programme which included diplomas, degrees, and green/yellow belt training, all conducted by Skillnet via a budget from Teva. This support is ongoing as Teva plan to roll out outplacement services in July 2022, providing support for employees for interviews and CV writing.
Tosara have confirmed to the IDA that the redundancy packaged being offered to its staff is above statutory levels. The package has been discussed with all staff, with the terms of the redundancy being part of negotiations over the past number of months.
110. Deputy Jackie Cahill asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Ukrainian refugees arriving in Ireland will be provided with work permits in cases in which it is suitable and appropriate to do so; and if he will make a statement on the matter. [14619/22]
View answerAs part of the response to the displacement of persons in Ukraine, temporary protection has been granted to Ukrainian citizens in accordance with Section 60 of the International Protection Act, the Temporary Protection Directive (2001/55/EC) and Council Implementing Decision (EU) 2022/382 of 4 March 2022. The implementing decision applies from 24 February to those who have fled Ukraine as a result of the war following the Russian invasion.
The operation of the Temporary Protection Directive is the responsibility of the Department of Justice.
This temporary protection permission will allow individuals covered to reside in Ireland for a period of 1 year, with the possibility of such permission being extended for further periods. The granting of temporary protection will include a range of entitlements individuals may wish to avail of, including the entitlement to seek employment or self-employment and vocational training education activities in Ireland.
Individuals covered by the Temporary Protection Directive will not be subject to the employment permits legislation and criteria and will not be required to secure an employment permit in order to take up employment.
The Department of Justice have provided a FAQ document which provides the most up to date arrangements for Ukrainian Citizens and their Family members wishing to travel to Ireland which will be updated by the Department of Justice on an ongoing basis as the arrangements and developments change: www.irishimmigration.ie/faqs-for-ukraine-nationals-and-residents-of-ukraine/.
111. Deputy James Lawless asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 203 of 28 September 2021, if he will address this issue by way of legislation or statutory instrument; if so, the envisioned timeline for such action to ensure that the provisions of European works councils dispute resolution processes under the Transnational Information and Consultation of Employees Act 1996 are brought up to date; and if he will make a statement on the matter. [14731/22]
View answer112. Deputy James Lawless asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 203 of 28 September 2021, if there has been any progress or developments on the matter raised; if his Department is ready to address this issue by way of legislation or statutory instrument; the envisioned timeline for such action to ensure that the provisions on European works councils dispute resolution processes under the Transnational Information and Consultation of Employees Act 1996 are brought up to date; and if he will make a statement on the matter. [14746/22]
View answerI propose to take Questions Nos. 111 and 112 together.
Further to Parliamentary Question No. 203 of 28 September 2021; the European Commission raised a query on foot of a complaint it had received alleging non-conformity of Irish legislation with Directive 2009/38/EC on European Works Councils. My Department has replied to the queries raised. However, as the process is incomplete it is not appropriate for me to comment further at this time.
A European Works Council (a “EWC”) is a body that facilitates information and consultation with European employees on transnational issues. EWC are subject to the law of the Member State in which they are located. They derive from Directive 1994/45/EC (the “EWC Directive”) as transposed into Irish law by the Transnational Information and Consultation of Employees Act 1996. A recast by Directive 2009/38/EC was given effect by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011).
The purpose of the recast Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings.
The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully providing mechanisms for dispute resolution. There is no caselaw to support an assertion that the provisions of the Regulation are insufficient.
My Department are satisfied that the Transnational Information and Consultation of Employees Act, 1996 as amended fully and correctly transposes Directive 2009/38/EC into national law. However, should any inadequacies be identified, they will be addressed in due course.
