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Thursday, 7 Apr 2022

Written Answers Nos. 1-30

Regional Development

Questions (4)

Carol Nolan

Question:

4. Deputy Carol Nolan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Industrial Development Agency Ireland has specific leads in relation to locating potential clients in counties Laois and Offaly; and if he will make a statement on the matter. [18721/22]

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Written answers

Regional development is at the centre of IDA Ireland's current strategy Driving Recovery & Sustainable Growth 2021-2024, as evidenced by the fact the IDA is targeting half of all investments to regional locations.

The IDA Midlands region includes Longford and Westmeath, as well as Laois and Offaly. There are 49 IDA client companies in the Midlands Region, employing 6,868 people. The Foreign Direct Investment performance in the region has been consistent over the past five years with employment among IDA clients increasing significantly over that time. The region has an impressive range of companies across all industry sectors, with particular strengths in Life Sciences, Technology, Global Business Services, International Financial Services, and Engineering & Industrial Technologies.

As regards County Laois, there are currently 157 people employed across 5 IDA-supported companies. In July 2021 N’Ware Technologies, a Canadian software firm, announced the opening of its new sales and services centre in Mountrath, with the creation of 25 jobs. In July 2020, Greenfield Global officially opened its new €30m EU manufacturing headquarters in Portlaoise, supported by 75 employees.

With regards to County Offaly, there are 1,302 people currently employed in Offaly across 11 IDA-supported companies. In October 2021 Zoetis announced plans to significantly expand its manufacturing capabilities in Tullamore, with the development of a large new plant and the creation of up to 100 jobs. In February 2020 Steris AST announced the official opening of their multimillion expansion of its sterilisation facility located in the IDA’s Business and Technology Park, Tullamore.

The existing FDI base of client companies in the region continues to perform well in terms of their operational sustainability, job retention and ongoing transformation. It is not appropriate for me to comment on specific leads, in view of commercial sensitivities and the fact that not all clients wish to announce investments.

Both Laois and Offaly are also well served by an ever-expanding network of co-working hubs. Their appeal to new name IDA companies is exemplified by the decision of N’Ware to locate in the Bloom HQ hub in Mountrath, Co. Laois.

Questions Nos. 5 to 13, inclusive, answered orally.

Low Pay Commission

Questions (14)

Catherine Connolly

Question:

14. Deputy Catherine Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 33 of 9 February 2022, if he has received the report by the Low Pay Commission and the ESRI of a universal basic income; and if he will make a statement on the matter. [18741/22]

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Awaiting reply from Department.

Small and Medium Enterprises

Questions (15)

James Lawless

Question:

15. Deputy James Lawless asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will be updating company law to reduce the regulatory burden on the SME sector; and if he will make a statement on the matter. [18789/22]

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Written answers

Ireland is well regarded in terms of having a proportionate regulatory burden for businesses. In the Global Business Complexity Index 2021 Ireland scored extremely well and was deemed to be the 4th least complex country in which to do business. This index examines the rules and requirements in 77 jurisdictions throughout the world. The National Competitiveness and Productivity Council (NCPC) 2020 scorecard assessed Ireland’s performance as being within the top 20% of countries in major international competitiveness rankings. Two of the key international indicators for the NCPC when assessing Ireland’s performance are the World Economic Forum Global Competitiveness Report and the IMD Competitiveness Yearbook, which consider a variety of factors including ease of establishment and doing business.

With regard to company law specifically, the Companies Act 2014 is a landmark legislative project which was the result of many years of detailed and comprehensive work. It consolidated, simplified and reformed company law to provide a modern framework for all companies. The Act strikes a balance between simplifying the day to day running of a business, maintaining the necessary protections for those dealing with companies, and putting in place an effective corporate governance regime.

The Act has reduced reporting requirements for micro and small companies. Such companies can for example avail of an exemption from disclosing full financial statements at the CRO. They can also avail of an audit exemption. I am aware that regulation may have a disproportionate effect in terms of compliance cost and administrative burden on SMEs and my Department is leading on the implementation of the SME test across Government.

Covid-19 has added to that burden and this Government’s response to the needs of SMEs has been evident from the onset of the pandemic. In respect of the Companies Act, I have amended it twice and led on two measures to protect viable businesses and preserve employment. The Companies (Rescue Process for Small and Micro Companies) Act 2021 provided for SCARP - the Small Company Administrative Rescue Process. This is a new cost efficient and speedy corporate rescue framework for small and micro companies. The other is the Companies (Miscellaneous Provisions) (Covid 19) Act 2020 which addresses temporary operational issues and alleviates pressure on company liquidity.

Company law is dynamic and having established a world-class company law code in the Companies Act we keep it under regular review. In this regard the Company Law Review Group (CLRG) plays a central role in advising me on the Act. The CLRG is a statutory advisory body with membership made up of a wide range of stakeholders including ISME and SFA. In the CLRG my Department has access to a deep reservoir of knowledge and on the ground experience.

Future legislative proposals to be developed will be mindful of any potential impact on SMEs. Preparations are being made for a third updating of the Act through a Companies (Miscellaneous Provisions) Bill. My officials are considering provisions in the areas of corporate supervision and enforcement; the recent CLRG report concerning the consequences of certain corporate liquidations and restructuring practices; and other matters including rebalancing the provisions regarding audit exemptions for small companies.

Enterprise Support Services

Questions (16)

Niamh Smyth

Question:

16. Deputy Niamh Smyth asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports that are being provided in 2022 to local enterprise offices in counties Cavan, Monaghan and Meath; and if he will make a statement on the matter. [18736/22]

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Written answers

The Local Enterprise Offices in Cavan, Monaghan and Meath have been integral in the LEO mission to promote entrepreneurship, foster business start-ups and develop existing micro and small businesses to drive job creation and to provide accessible high quality supports for business ideas.

The Local Enterprise Offices act as a ‘First Stop Shop’ for providing advice and guidance, financial assistance, and a ‘signposting’ service for all government supports available to entrepreneurs and business owners.

The Local Enterprise Offices can offer direct grant aid to microenterprises in the manufacturing and internationally traded services sectors and who meet the eligibility criteria which, over time, have the potential to develop into strong export entities.

This financial assistance includes feasibility grants to develop new products or services; priming grants for start-ups; business expansion grants to help thriving businesses to grow; and technical assistance for micro exporters to help micro enterprises to explore potential overseas markets. Furthermore, the Local Enterprise Offices provide trading online vouchers to assist many businesses in developing their e-commerce capability.

The LEO network also offers an extensive range of high-quality training supports which are open to all business sectors and can assist entrepreneurs in developing the skills and knowledge to maximise their potential.

The LEO mentoring programme is designed to match up the knowledge, skills, insights and entrepreneurial capability of experienced business practitioners with small business owner/ managers who need practical and strategic one to one advice and guidance.

LEAN for Micro provides insights to make businesses more efficient, and Green for Micro, which addresses the issues of decarbonisation and greening of businesses, provide the business owners with expert consultation and advice on the measures to undertake to achieve their goals.

As many businesses face challenges because of the war in Ukraine, as well as the aftermath of Covid and Brexit and the disruption both have brought, the Local Enterprise Offices across these counties and the rest of the country, will continue to assist business owners and new entrepreneurs to develop and scale their business ideas into successful enterprises and develop their export potential.

Corporate Governance

Questions (17)

Maurice Quinlivan

Question:

17. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Enterprise, Trade and Employment the estimated impact the delay in establishing the corporate enforcement authority is having on the Companies Registration Office and its ability to pursue potentially bogus and fake companies; and if he will make a statement on the matter. [18617/22]

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Written answers

Company law is primarily concerned with providing the legislative framework for the structure and operation of companies incorporated in Ireland, whether domestic or foreign, and does not regulate or supervise the actual activities of companies.

Such activities are governed by other legislation including for example in the areas of consumer protection, competition, taxation, anti-money laundering and fraud. Compliance matters in these areas come within the remit of the relevant statutory bodies.

While it is not the role of the Companies Registration Office to question the motivation for incorporating a company, the office takes seriously allegations of suspicious or bogus activity. In this regard, the CRO has set up an integrity checking function and put in place various measures to identify and, as appropriate, follow-up on potentially suspicious activity relating to the incorporation of companies and the filing of other submissions.

The provision of false information is a criminal offence under section 876 of the Companies Act 2014 and when the CRO has concerns in this regard, such matters are referred to the Office of the Director of Corporate Enforcement. Since mid 2021, the CRO has made 89 referrals to the ODCE involving some 191 companies.

Under anti-money laundering legislation, companies are also required to register certain information in respect of their beneficial owners with the Central Register of Beneficial Ownership of Companies and Industrial and Provident Societies (RBO). The RBO follows up with companies who do not make the required filings and I understand that the Registrar is considering taking prosecutions in a number of cases.

The Companies (Corporate Enforcement Authority) Act 2021 provides for the establishment of the Corporate Enforcement Authority. An amendment was required to address a cross referencing error before bringing the Act into effect. This has been done and work can now proceed on the required Orders to commence provisions of the Act and provide for an establishment day for the Authority. My intention is that establishment will take place once all the legal, operational, and resourcing matters integral to the CEA’s successful establishment, are finalised to my satisfaction.

Among the provisions of the Companies (Corporate Enforcement Authority) Act 2021 is a requirement that company directors provide PPS numbers to the CRO. This will be a significant enhancement to the current regime and will assist the CRO in verifying the authenticity of directors. The CRO is currently making the necessary changes to IT systems and related procedures and expects to be in a position to implement the requirement in January 2023, after the end year filing peak.

Regional Development

Questions (18)

Joe Flaherty

Question:

18. Deputy Joe Flaherty asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the IDA commitment to deliver an advanced building solution in Longford town; and if he will make a statement on the matter. [18635/22]

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Written answers

Regional development is at the centre of IDA Ireland's current strategy “Driving Recovery & Sustainable Growth 2021-2024”. Under this Strategy, the IDA is targeting half of all investments to regional locations which aligns with the objectives of the Programme for Government.

Specifically, the IDA is targeting 25 investments for the Midlands region, which includes Longford, in the period 2021 to 2024. Longford is already home to 6 IDA Ireland client companies directly employing more than 1,310 people and has an impressive range of companies across all industry sectors, with strengths in Life Sciences, Technology, Global Business Services, International Financial Services, and Engineering & Industrial Technologies.

The timely provision of appropriate, innovative, and cost-effective property and infrastructure solutions that meet the needs of Multi-National Companies remains essential to winning Foreign Direct Investment. In a competitive and uncertain global environment IDA’s regional property programme, supported by my Department, ensures the supply of land, buildings and infrastructure in regional locations as required by current and prospective clients of both IDA and EI.

Over the course of IDA Ireland’s current strategy, the Agency will deliver 19 Advanced Building Solutions across the country, including in Athlone, Longford and Mullingar. The planned building solutions have a geographical spread in line with the National Planning Framework, and also a particular emphasis on the Border and Midlands regions, reflecting IDA's strategic focus on supporting the necessary conditions to attract Foreign Direct Investment into regions of significant economic need.

With regard to the building in Longford, IDA Ireland have advised me that the site selection process is ongoing, and they continue to liaise with Longford County Council and wider stakeholders to seek a suitable site for the proposed Advance Building Solution.

European Union

Questions (19)

Jim O'Callaghan

Question:

19. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the proposal for a European Union directive on corporate sustainability, due diligence and amending directive 2019/1937; and if he will make a statement on the matter. [18477/22]

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Written answers

A proposal for a Directive on Corporate Sustainability Due Diligence was published by the European Commission on 23rd February 2022. The proposal, which had previously been referred to as the Sustainable Corporate Governance Directive aims to reduce the adverse environmental and human rights impacts of companies by introducing new obligations on companies.

The proposal will apply to large companies, both EU and non-EU - SMEs are not directly within scope but may be indirectly impacted under the proposal – for example, if they are part of a large company’s supply chain. Such companies will be required to conduct human rights and environmental due diligence to identify actual or potential adverse impacts and prevent, mitigate, or minimise the extent of such impacts within their own operations, their subsidiaries and their value chains. The effectiveness of the due diligence measures must be assessed at least annually.

Larger companies will be required to adopt a plan to ensure that their business model and strategy is compatible with the transition to a sustainable economy and the limiting of global warming to 1.5 °C, in line with the Paris Agreement.

Directors, when fulfilling their duty to act in the best interest of the company, will be required to take into account the consequences of their decisions on sustainability matters, including, where applicable, human rights, climate change and environmental consequences - in the short, medium and long term.

The proposed Directive requires companies to establish procedures to handle complaints from those adversely affected by company operations and from other key stakeholders. The Directive would also provide for the designation of supervisory authorities at national level and a civil liability regime in relation to companies who fail to meet their obligations.

Ireland is supportive of the objective of the proposed Directive which should promote responsible business conduct and we will seek to ensure that the proposals strike the right balance by providing effective protections whilst ensuring that the measures to be implemented by companies are clear, proportionate, and enforceable. It is important that measures such as those proposed are on a cross EU basis in recognition of the complex, international nature of many supply chains and to ensure harmonisation, promote policy coherence, and avoid the risk of fragmentation within the EU single market.

Consideration of the proposals is at an early stage and is ongoing across EU Member States. My Department is engaging at EU working party level to clarify the practical implications for stakeholders. Giving the complexity of the issues being addressed, negotiations at EU level may well continue through the remainder of this year and into 2023. My Department has begun a process of engagement with key stakeholders and intends conducting a public consultation on the proposals in due course.

Official Travel

Questions (20)

Catherine Connolly

Question:

20. Deputy Catherine Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment if he raised the ongoing war in Yemen with his Saudi Arabian counterparts during his trade mission to Saudi Arabia in November 2021; and if he will make a statement on the matter. [18741/22]

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Written answers

I visited Saudi Arabia from 12 – 15 November 2021 as part of an Enterprise Ireland-led trade mission to the Gulf region. The trade mission was organised by Enterprise Ireland and had the participation of 60 Irish companies and organisations. Irish business-to-business interests are growing in the Gulf region. Exports by Irish companies to the UAE and Saudi Arabia in 2020, even against the backdrop of a global pandemic, increased by 12% and 6% respectively, signifying the interest by Irish companies and the continued strong opportunities that exist in this rapidly growing market.

The primary focus of all trade missions and associated meetings is to encourage business-to-business links, to maximise opportunities to help Irish companies to access new markets and to increase the levels of foreign direct investment into Ireland which in turn creates employment opportunities.

While in Saudi Arabia, I held meetings with the President of the Saudi General Authority of Civil Aviation, the Governor and Board of the Saudi Central Bank, the Saudi Minister for Commerce, the Saudi Minister for Investment, and the Saudi Minister for Transport. These meetings were arranged as part of the trade mission to further our trade and investment promotion objectives in Saudi Arabia. I also had discussions on the social and economic transformation which is underway, as part of the Saudi government’s Vision 2030. This aims to diversify the Saudi economy, encourage greater personal freedoms, and deepen Saudi Arabia’s engagement with regional and international partners which include the European Union.

To be effective in raising human rights issues with other countries we must do it in an appropriate way and at the right opportunity, so that our concerns are taken seriously and acted upon. Ireland has always been at the forefront internationally in raising human rights issues through bilateral contacts and especially through the European Union and the United Nations.

I am deeply concerned by the high number of civilian casualties as a result of the Yemen conflict. The EU has been consistently clear that all parties to the conflict have an obligation to uphold International Humanitarian Law. Protecting and promoting human rights is a cornerstone of Ireland’s foreign policy, as it is for the European Union. Ireland is committed to all aspects of human rights, and encourages adherence to the Universal Declaration of Human Rights in both bilateral dialogues, and in appropriate international fora.

The Minister for Foreign Affairs has also been very clear in his engagement with Saudi Arabia, UAE and others in the region that there can be no military solution to the conflict in Yemen and all parties must engage with the UN Special Envoy Hans Grundberg to bring about a peaceful and sustainable solution to this conflict.

Renewable Energy Generation

Questions (21)

Steven Matthews

Question:

21. Deputy Steven Matthews asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding engagements his Department has had with the renewable energy sector; the potential for job creation identified; the initiatives proposed to ensure adequate supply of staff for these sectors; and if he will make a statement on the matter. [18302/22]

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Written answers

My Department is actively engaging with the renewable energy sector, both directly and through our agencies.

Enterprise Ireland continues to identify and work with the key Irish companies with the capability to support the offshore wind industry’s growth through the Offshore Wind Industry Cluster. The Enterprise Ireland Offshore Wind Showcase Event will be held this summer, convening delegates from across the Irish and UK offshore wind industry. For its part, the IDA is involved in facilitating and promoting links between large energy users, including data centres, and the renewable energy sector to help them align with and contribute towards emissions targets and future network needs.

The Expert Group on Future Skills Needs (EGFSN), the Secretariat for which is based in my Department, is an independent body tasked with advising the Government on the current and future skills needs of the Irish economy. The EGFSN undertook a study on the nature and quantity of skills required between now and 2030 to deliver on some of the key enabling measures in the Climate Action Plan.

The study, “Skills for Zero Carbon: The Demand for Renewable Energy, Residential Retrofit and Electric Vehicle Deployment Skills to 2030”, was published on the 24th November. The analysis found that in order to deliver on the Climate Action Plan's 2030 targets, employment in wind and solar energy developments will have to quickly increase to 8,000, from a 3,000 baseline in 2020, within a number of years, and ultimately stand at 9,000 by 2030. This will mainly consist of workers in roles including Construction and Installation, Technicians and Technical Professionals, Engineering, Transport and Logistics, and Legal and Professional Services.

The Government is committed to delivering on the Climate Action Plan 2021 targets and is providing a range of upskilling, reskilling and apprenticeship supports to ensure any skills needs are met.

For example, through the Green Tech Skillnet network, more than 3,700 participants have already received renewable energy training across a range of professions and areas including turbine technicians, high-voltage operators, PV and microgrid installers, policy and energy markets. Three bespoke programmes address skills gaps in the workforce to meet the Climate Action Plan’s targets including Near Zero Energy Building design and BER Assessors certification, Wind Turbine Technicians and the Wind industry jobs (graduate level) programme.

My Department is working with the Department of the Environment, Climate and Communications to establish the Cross-Departmental Offshore Renewable Energy Team and will also continue to work with the Department of Further and Higher Education and its agencies to follow through on the initiatives required to build our workforce for the renewable energy sector.

Employment Rights

Questions (22)

Alan Farrell

Question:

22. Deputy Alan Farrell asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide details for the implementation of statutory sick pay for all employees; and if he will make a statement on the matter. [18815/22]

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Written answers

The Government is committed to introducing a statutory sick pay scheme. The Sick Leave Bill is intended to provide a level of protection to workers who may have no company sick pay schemes and cannot afford to miss work.

The Bill has been published and is available on my Department’s website.

Taking account of the current economic climate the initial period covered by employers will be modest, but this will increase incrementally up to 10 days. It’s being phased in to help employers, particularly small businesses, to plan ahead and manage the additional cost.

The legislation will provide for a replacement rate of 70% of gross salary for a duration of 3 working days in a calendar year for the first year, which effectively removes the gap in coverage known as waiting days before the State's Illness Benefit kicks in for eligible applicants. We have taken a balanced approach, to support both worker and employer.

There will be a daily earnings cut-off point of €110 which will ensure that employers do not face excessive costs and that jobs are not jeopardised. Section 10 of the Bill provides for those businesses who are genuinely unable to pay.

In relation to entitlement to a payment, any day taken as sick leave under the Act will require a medical cert from a registered medical practitioner.

Pre-legislative scrutiny has been completed. I have reviewed the Joint Oireachtas Committee's recommendations and I brought forward some amendments arising from its Report. I am presenting the Bill for second stage debate in the Dáil on Thursday April 7th and I hope to progress the Bill through all stages as soon as possible thereafter.

Departmental Programmes

Questions (23)

Alan Farrell

Question:

23. Deputy Alan Farrell asked the Tánaiste and Minister for Enterprise, Trade and Employment if an update will be provided on the Irish Innovation Seed Fund Programme which aims to support start-ups in Ireland; and if he will make a statement on the matter. [18814/22]

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Written answers

On February 9th, Minister Paschal Donohoe and I attended the launch of the Irish Innovation Seed Fund Programme in Tangent on the TCD campus.

The programme will provide vital venture capital to innovative Irish companies at seed stage and is an important step in developing and growing the Irish equity ecosystem.

Totalling €90 million, the programme is made up of a €30 million contribution from the Department of Enterprise, Trade & Employment, whilst the European Investment Fund will match this investment by providing a further €30 million. The Irish Strategic Investment Fund will co-invest a further €30 million.

The programme is targeted at the early stages of external funding for innovative, high growth, scalable sectors including:–

- Lifesciences;

- Healthcare & Pharma;

- Food and Agritech;

- Technology & Digitalisation; and

- Climate and Sustainability.

The programme is a fund of funds, which is a pool of funding from multiple investors that creates capital for specialist fund managers, who will in turn then seek to invest in SMEs with strong potential for a commercial return on investment.

It is envisaged that the programme will focus on supporting key priorities such as female entrepreneurship, regional development, and sustainability.

The first call for expressions of interest from experienced fund managers was issued in February and will remain open until the end of April.

Work Permits

Questions (24, 81)

Pauline Tully

Question:

24. Deputy Pauline Tully asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will request his Department to place therapy staff on the critical skills list; and if he will make a statement on the matter. [18786/22]

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Pauline Tully

Question:

81. Deputy Pauline Tully asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to place therapy staff on the critical skills list in view of the fact that children's disability network teams are currently well below their 100% staffing levels; and if he will make a statement on the matter. [18785/22]

View answer

Written answers

I propose to take Questions Nos. 24 and 81 together.

Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The system is managed through the operation of the Critical Skills and Ineligible Occupations Lists which determine employments that are either in high demand or are ineligible for an employment permit where there is a surplus of those skills in the domestic and EEA labour market.

In order to maintain the relevance of these lists of occupations to the needs of the economy and to ensure the employment permits system is aligned with current labour market intelligence, these lists undergo regular, evidence-based reviews which are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN), the Skills and the Labour Market Research Unit (SLMRU), SOLAS and involves public/stakeholder consultation. Consideration is also taken of the views of the Economic Migration Interdepartmental Group, chaired by my Department and of the relevant policy Departments, in this case the Department of Health.

Occupations on the critical skills list are eligible for the Critical Skills Employment Permit which attracts a remuneration threshold of €32,000 per annum where the non-EEA national holds a degree, and €64,000 per annum where the non-EEA national has the relevant experience.

A number of therapy professionals are currently listed on the Ineligible Occupations List and therefore not eligible for the grant of an employment permit.

Occupations not appearing on the ineligible occupations list may be eligible for the General Employment Permit which is the primary vehicle used by the State to attract third country nationals in occupations with minimum annual remuneration thresholds of generally €30,000 but with some lower rates as exceptions for certain sectors. The General Employment Permit is also subject to a Labour Market Needs Test, demonstrating that the employer was unable to fill the position from the Irish and EEA labour market.

My Department will continue to review the employment permits system on a bi-annual basis in light of changing labour market circumstances and intends to launch the next review of the Occupations List shortly.

Redundancy Payments

Questions (25, 67, 74)

Alan Dillon

Question:

25. Deputy Alan Dillon asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the receivership process with a company (details supplied); the efforts that have been undertaken to protect payments owed to employees; and if he will make a statement on the matter. [18746/22]

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Louise O'Reilly

Question:

67. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if his Department has engaged with the employees and subcontractors of a company (details supplied) regarding the company going into receivership. [18625/22]

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Rose Conway-Walsh

Question:

74. Deputy Rose Conway-Walsh asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps his Department has taken to protect employees, subcontractors and suppliers effected a company (details supplied) entering receivership; and if he will make a statement on the matter. [18680/22]

View answer

Written answers

I propose to take Questions Nos. 25, 67 and 74 together.

My officials have been monitoring the situation carefully and have been working closely with the Department of Social Protection in order to assist affected employees during this difficult time and we will continue to be as responsive as we can to the issues as they unfold.

During this period of uncertainty, I am glad to report that employees have received assurances from the Receiver regarding their redundancy entitlements and access to income supports.

Following joint engagement with my Department and the Department of Social Protection, the Receiver has confirmed to employees that there is no statutory restriction on them taking up additional employment during a statutory redundancy consultation period, in circumstances where they are not expected to attend the workplace. Provided that they do not resign from their current employment, there should be no obstacle to retaining their statutory redundancy entitlements.

Officials of the Department of Social Protection have already met with both the Receiver and employee representatives to provide information and assurances regarding measures taken to accept online applications for income support as quickly as possible. My Government colleague, Heather Humphreys TD, Minister for Social Protection, has encouraged individuals now seeking jobseekers payments to apply on line so that her Department can process their claims as quickly as possible.

The Department of Social Protection will provide all relevant supports through the local Intreo Offices and will proactively help employees to access opportunities available for employment or appropriate training and development.

Enterprise Ireland has been in regular contact with the company and officials have had discussions with the Acting CEO to investigate whether any Roadbridge contracts can be fulfilled by other operators in the market. This, however, will be challenging given the current economic climate and inflationary pressures.

Enterprise Ireland has met with some employees in relation to advice about starting their own businesses. Following initial assessment, these calls have recommended contact with the Local Employment Office, as they continue to formulate their plans and projections.

Some competitors of Roadbridge have been in contact with Enterprise Ireland in relation to hiring former employees as these staff are considered to be highly qualified and have excellent training in the industry. In all cases, positive directions were given. Enterprise Ireland understands that employment offers have been made, and will continue to be made, across all regions of Roadbridge’s operations.

The Receiver has given an undertaking to continue discussions with Enterprise Ireland to discuss how Enterprise Ireland can further support employees, sub-contractors and sub-suppliers impacted by the receivership.

It should be noted however that Receivership arises from a private contractual relationship between a lender and a creditor and as such I cannot intervene in this matter. The Companies Act 2014 confers statutory powers on receivers appointed to preserve, manage or sell the property of a company. The Act also provides that an application may be made to court for directions concerning the performance by the receiver of their functions. Breach of a receiver’s statutory duties may result in the receiver being held personally liable for any loss incurred. In addition, misconduct by receivers must be reported to the Director of Corporate Enforcement.

The Government is committed to rebuilding a strong economy that provides stability for workers and helping those who have lost their jobs to secure alternative employment. My Department will continue to liaise with all stakeholders in order to fully determine the scale of the potential adverse impacts on all those concerned.

National Minimum Wage

Questions (26)

Richard Boyd Barrett

Question:

26. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will re-examine the minimum wage and raise it to €15 per hour considering the spiralling cost of living; and if he will make a statement on the matter. [18804/22]

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Written answers

I acknowledge the cost of living is rising rapidly and that those on lower incomes are being disproportionately affected.

In relation to the minimum wage, since its establishment in 2015, the Low Pay Commission has been responsible for making annual recommendations to Government on the appropriate rate of the National Minimum Wage.

Since the establishment of the Low Pay Commission, the national minimum wage has increased from €8.65 per hour to €10.50 per hour between 2016 and 2022, a 21.4% increase. This compares with an increase in consumer prices of 7% in the 6 years to December 2021. The Minimum Wage has increased substantially in real terms over recent years.

The share of workers on the minimum wage in Ireland has also fallen consistently since the establishment of the Low Pay Commission. The share of workers on the minimum wage or less as a percentage of the total labour force has reduced from 9.3% in Q4, 2016 to 6.8% in Q4, 2020.

The Low Pay Commission is made up of an equal number of employer representatives, employee representatives, and independent members which helps to provide a balanced view when determining an appropriate rate for the National Minimum Wage. In addition, the establishing legislation requires the Low Pay Commission to give consideration to a range of issues when arriving at a recommendation for the appropriate National Minimum Wage rate. These issues include the cost of living, competitiveness and the likely effect that any proposed recommendation will have on future levels of employment.

I have been clear in my commitment to improving pay and terms and conditions for everyone, but particularly for those on low pay.

I am committed to progressing to a living wage over the lifetime of this Government. While the living wage initiative is being considered, the Government will continue to be guided by the recommendations of the Low Pay Commission with regard to any future changes in the minimum wage. The Low Pay Commission is required to submit its annual recommendation on the National Minimum Wage to me on or before the third Tuesday in July.

Enterprise Support Services

Questions (27, 44)

Brendan Smith

Question:

27. Deputy Brendan Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment if new financial supports will be introduced in 2022 to assist in the development of enterprise centres in view of their importance in providing workspace for start-up businesses and small enterprises; and if he will make a statement on the matter. [18757/22]

View answer

Brendan Smith

Question:

44. Deputy Brendan Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment when improved financial supports will be available to develop enterprise centres; and if he will make a statement on the matter. [18756/22]

View answer

Written answers

I propose to take Questions Nos. 27 and 44 together.

To date, my Department has provided funding of €250 million administered by Enterprise Ireland to support the establishment of some 270 Enterprise Centres throughout Ireland, of which approximately 40 of these Centres were funded under the auspices of the Regional Enterprise Plans.

This investment has enabled the establishment of physical space for entrepreneurs, start-ups, scaling companies, SMEs and a balance of small scale FDI. This has enabled the delivery of enterprise relevant programmes to companies and the provision of physical spaces to support remote working.

Since 2017, Enterprise Ireland has administered Departmental funding to 91 projects totalling €16.4 million under both the Regional Enterprise Development Fund and the Community Enterprise Centres Schemes.

On 20 November 2020, €8.24 million in grants, administered through Enterprise Ireland, for 95 Enterprise Centres around the country was announced. This funding will ensure that these Enterprise Centres, many of which have been negatively impacted by COVID-19, can sustain their businesses, pivot and further develop their services, to continue to assist the development of our start-up companies.

Currently, an Enterprise Ireland open ‘Regional Development Feasibility Fund’ is available to promoters seeking to scope out and investigate the viability of larger full-scale projects such as remote working hubs. A feasibility grant of €15,000 or 50% of eligible costs, whichever is lesser, is available to qualifying applicants meeting the required criteria.

In addition, over the next 20 years, advances in digital technologies will transform the enterprise potential across the country, particularly in our smaller towns and rural areas. To maximise those opportunities, co-working spaces (or “eHubs”), are envisaged under Project Ireland 2040 as part of an ongoing suite of measures to encourage greater levels of collaboration between entrepreneurs in accessing available supports and assistance in helping to make their businesses grow.

There are a broad range of other hub-type facilities, both publicly and privately funded, around the country including Community Enterprise Centres and incubator/accelerators that are being considered by the National Hub Network Working Group in their mapping of a national network of remote working facilities. The Department of Rural and Community Development leads on this mapping initiative. The DCRD has invested significantly in remote working infrastructure & connectivity through the Broadband Connection Point Network initiative and a number of programmes and schemes including the Town and Village Renewal Scheme, the Rural Regeneration and Development Fund and the Leader Programme.

In addition, the first allocation of €3 million in Budget 2022 was announced for the European Digital Innovation Hubs as part of the EU Digital Europe Programme which will provide, over time, a total of €13.4 million in funding to Ireland focused on bringing digital technology to businesses, SMEs, citizens and the public sector.

Brexit Issues

Questions (28, 164)

Neale Richmond

Question:

28. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment the impact that Brexit has had on Ireland’s trading destinations; and if he will make a statement on the matter. [18729/22]

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Bernard Durkan

Question:

164. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the level to which he expects Irish trade to develop with EU countries and non-EU countries over the next five years; if particular trends have been established; and if he will make a statement on the matter. [19098/22]

View answer

Written answers

I propose to take Questions Nos. 28 and 164 together.

Brexit has fundamentally changed the trading relationship between Ireland and the UK and will continue to impact that trading relationship. The focus of Enterprise Ireland is on supporting clients to adapt and succeed in a post-Brexit environment, sustaining existing export sales and accelerating the diversification of Irish exports.

Notwithstanding the challenges posed by the double impact of both Brexit and the ongoing COVID-19 pandemic, the CSO’s preliminary statistical data for 2021 shows that goods exports were valued at over €165 billion in 2020, the highest total on record, and an increase of 2% over 2020.

Goods Exports to the UK in 2021 were valued at €18.1 billion, an increase of 23% compared with 2020. Exports to Great Britain in 2021 were valued at €14.4 billion, an increase of 17% compared with 2020. Exports to Great Britain accounted for 9% of total exports in 2021. Exports to Northern Ireland were valued at €3.7 billion in 2021, an increase of 54% on 2020.

The EU accounted for €61.4 billion (37%) of total exports in 2021, a decrease of 4% on 2020. Exports to non-EU countries were valued at €103.7 billion in 2021, which is an increase of 6% on the 2020 level of exports. The USA was the largest export destination in 2021, accounting for €52.5 billion or 32% of total exports.

It is too early, based on statistics for 2021, to get a real sense of the impact that Brexit will have on Ireland's longer term trade flows as there are other contributory factors, not least the ongoing COVID-19 pandemic which have an impact on trade. While the UK will remain a major market for Irish companies, expanding the Irish export market in markets beyond the UK will continue to be a priority. The long-term response to Brexit is for companies across all sectors to become more competitive, more innovative and to diversify their export footprint into more international markets. Given the pressures of COVID-19 and the war in Ukraine on trade and supply chains, it is also not possible to accurately forecast how Irish trade will develop with EU countries and non-EU countries over the next five years. However, our trade strategy is to deepen our existing trading relationships and to promote new trading relationships around the globe. We will continue to support the EU’s ambitious programme of negotiating new Free Trade Agreements, opening new markets for Irish companies and increasing export and investment opportunities.

Each year, Enterprise Ireland offers a programme of trade missions, trade fairs and knowledge events which give their client companies based in Ireland the opportunity to connect with existing and new customers, access key decision makers, increase sales in international markets and exchange ideas. 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.

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 second quarter to the USA, Mexico, Europe 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.

International Agreements

Questions (29)

Louise O'Reilly

Question:

29. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment when his Department intends to ratify the International Labour Organisation Convention 190, Elimination of Violence and Harassment in the World of Work. [18626/22]

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Written answers

As an International Labour Organisation (ILO) Member State, Ireland is committed to ratifying Convention C190.

Ratification is being considered in the context of our standard approach to the ratification of international instruments. Ireland does not ratify international conventions until it has been determined that national law is in line with the provisions of the international instrument.

The ILO Convention 190 is the first ever international instrument on the very important issues of eliminating violence and harassment in the world of work. Ireland already has very strong protections in law to combat violence and harassment in the world of work and has ratified the Istanbul Convention on preventing and combating violence against women and domestic violence.

Officials in my Department of Enterprise, Trade & Employment have engaged with all relevant Government Departments and offices to establish the extent to which domestic legislative provisions already provide for the rights and entitlements included in the ILO Convention C190, as well as legislative amendments, if any, that may be required to enable ratification.

My Department is continuing to analyse possible outcomes and is following up to ensure that there are no legislative gaps.

Following this consideration, as part of the ratification process, in the coming months the Department will undertake a stakeholder consultation with trade unions, employer representative bodies and other interested parties.

The views of the Attorney General must then be sought after that consultation phase followed by the formal approval of the Government for ratification.

I would anticipate that the Instrument of Ratification can be signed before the end of the year.

Company Law

Questions (30)

Paul McAuliffe

Question:

30. Deputy Paul McAuliffe asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide an update on his efforts to reform company law; and if he will make a statement on the matter. [18424/22]

View answer

Written answers

The Companies Act 2014 is a landmark legislative project, the result of many years of detailed and comprehensive work. It consolidated, simplified and reformed company law to provide a modern framework for all companies. The Act strikes a balance between simplifying the day to day running of a business, maintaining the necessary protections for those dealing with companies and putting in place an effective corporate governance regime.

Company law is dynamic and having established a world-class company law code in the Companies Act we keep it under regular review. In this regard the Company Law Review Group (CLRG) plays a central role in advising me on the Act. The CLRG is a statutory advisory body with membership made up of a wide range of stakeholders including employee and employer representative groups, the Revenue Commissioners, the Courts Service, insolvency and legal practitioners and regulators. Members have an expertise in company law and provide well-rounded analysis on the issues that come before them for consideration.

Since 2020, the Tánaiste and I have amended the Companies Act twice to protect viable businesses and preserve employment. The Companies (Rescue Process for Small and Micro Companies) Act 2021 provided for SCARP - the Small Company Administrative Rescue Process. This is a new cost efficient and speedy corporate rescue framework for small and micro companies. This Act also made a number of amendments to the Companies Act enhancing the rights of creditors in a liquidation. The other is the Companies (Miscellaneous Provisions) (Covid 19) Act 2020 which addresses temporary operational issues and alleviates pressure on company liquidity.

Preparations are being made for a third updating of the Act through a Companies (Miscellaneous Provisions) Bill. My officials are considering provisions in the areas of corporate supervision and enforcement; the recent CLRG report concerning the consequences of certain corporate liquidations and restructuring practices; and other matters including rebalancing the provisions regarding audit exemptions for small companies.

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