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Tuesday, 8 Nov 2022

Written Answers Nos. 73-98

Ukraine War

Questions (73)

Catherine Murphy

Question:

73. Deputy Catherine Murphy asked the Taoiseach if his Department and all bodies under his Department’s aegis have reviewed their estates' portfolio in the context of identifying unoccupied buildings that may be suitable for use in the context of meeting the accommodation needs of persons arriving in Ireland from Ukraine. [54225/22]

View answer

Written answers

No property is owned either by my Department or the National Economic and Social Development Office (NESDO), which is the only body under the aegis of my Department. All accommodation is provided and managed by the Office of Public Works. All accommodation provided is currently being used.

Departmental Properties

Questions (74)

Catherine Murphy

Question:

74. Deputy Catherine Murphy asked the Taoiseach the number and type of unused and or unoccupied buildings in his Department’s estates’ portfolio and all bodies under his Department’s aegis. [54243/22]

View answer

Written answers

My Department does not own any property. All accommodation used by both my Department and the National Economic & Social Development Office (NESDO) is provided and managed by the Office of Public Works. All accommodation provided is used and occupied.

Live Register

Questions (75)

Alan Dillon

Question:

75. Deputy Alan Dillon asked the Taoiseach the number of persons registered as unemployed at each employment exchange in County Mayo on the last convenient date and if he will provide comparative figures for the corresponding period in 2021. [54496/22]

View answer

Written answers

The exact information requested by the Deputy is not available.

The Live Register series provides a monthly breakdown of the number of people claiming Jobseeker's Benefit, Jobseeker's Allowance and other registrants as registered with the Department of Social Protection.

The most recent Live Register figures available are for September 2022.

Table 1 below shows the number of persons on the Live Register in Mayo by Social Welfare Office for September 2022 and September 2021. This information is also available online on the CSO website (PxStat Series code LRM07). Updated data for October 2022 will be available on the CSO website from 11:00 on Monday 7 November 2022.

It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseeker's Benefit or Allowance.

Table 1 Number of persons on Live Register in Mayo County by local DSP1 office of registration, September 2021 and September 2022

September 2021

September 2022

Mayo County

5,106

5,655

Achill

142

224

Ballina

1,536

1,625

Ballinrobe

383

393

Belmullet

357

349

Castlebar

887

1,085

Claremorris

587

590

Swinford

640

686

Westport

574

703

Source: CSO Live Register

1 Department of Social Protection

Departmental Staff

Questions (76)

Catherine Murphy

Question:

76. Deputy Catherine Murphy asked the Taoiseach the number of officials in his Department who have undertaken the Harvard Business School advanced management programme in the past ten years to date; the grade of each official; and the cost for each attendee in tabular form. [55490/22]

View answer

Written answers

No member of staff from my Department has availed of the Harvard Business School advanced management programme through the Department's learning and development programme in the past ten years to date.

Ukraine War

Questions (77, 78)

Catherine Murphy

Question:

77. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if his Department and all bodies under his Department’s aegis have reviewed their estates' portfolio in the context of identifying unoccupied buildings that may be suitable for use in the context of meeting the accommodation needs of persons arriving in Ireland from Ukraine. [54214/22]

View answer

Catherine Murphy

Question:

78. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number and type of unused and or unoccupied buildings in his Department’s estates’ portfolio and all bodies under his Department’s aegis. [54232/22]

View answer

Written answers

I propose to take Questions Nos. 77 and 78 together.

My Department and its Offices are tenants in ten buildings across the country in office accommodation provided to it through the Office of Public Works (OPW) who manage the State's property portfolio on behalf of Government Departments. These buildings are either state owned or leased from private landlords by the OPW.

I can confirm that, at this juncture, none of the buildings occupied by my Department or its Offices are unused or unoccupied, and that we share nine buildings with other tenants, be they other Departments, public bodies or private sector companies.

As tenants, my Department works closely with the OPW to optimise usage of the real estate made available to it and recognises the need to regularly review its accommodation requirements. With regards to the Agencies of my Department, the day-to-day management of their estates portfolio is a matter for their respective Boards and Heads of Agencies.

Notwithstanding the above, my Department is acutely aware of the need to identify buildings available to it that may be suitable for use in meeting the accommodation needs of persons arriving in Ireland from Ukraine. We are currently engaging with the Department of Children Equality Disability, Integration and Youth (DCEDIY) and the OPW to identify any property that may be suitable for this purpose.

In respect of the Agencies of my Department, IDA Ireland does have a property portfolio mainly comprised of industrial units. As part of a recent separate request from the Department of Housing, Local Government and Heritage (DHLGH) IDA Ireland reviewed its property holdings but it was decided that the properties were not suitable for housing people and not viable options in the immediate/short-term. IDA Ireland has, however, shared its land portfolio with the Land Development Agency in an effort to identify what may be suitable for use in the context of meeting accommodation needs. I can also confirm that Enterprise Ireland are in discussions with the OPW and DCEDIY in respect of possible buildings available to them that may be suitable for use.

I can assure the Deputy that my Department and its Agencies will continue to work closely with the OPW and DCEDIY on this issue and look to assist in any way it can.

Question No. 78 answered with Question No. 77.

Work Permits

Questions (79)

Neale Richmond

Question:

79. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is permissible for workers who are subject to work visas and permits, to be centrally contracted by recruitment agencies, and then subcontracted out to the sector to which their visas and permits cover; and if he will make a statement on the matter. [54274/22]

View answer

Written answers

Under the current Employment Permits legislation if an agency subcontracts an employee, then the agency is no longer the employer.

Under the legislation, if an agency subcontracts a foreign national to a third party (within the meaning of the Employment Agency Act 1971), then the agency is not considered to be the employer. An employment agency is precluded from applying for an employment permit for this category of employee.

However, if the foreign national is to work directly for the employment agency and not third party then the employment agency would still be considered the employer.

Employment Data

Questions (80)

Alan Dillon

Question:

80. Deputy Alan Dillon asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons employed within IDA and Enterprise Ireland-backed companies within County Mayo; and if he will make a statement on the matter. [54495/22]

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Written answers

There are 92 Enterprise Ireland (EI) supported companies, employing 4,862 people in County Mayo. In 2021, there were 502 jobs created by EI supported clients.

Enterprise Ireland (EI) supports companies in every county of Ireland to start and scale, innovate, and remain competitive on international markets, now and in the future. The contribution of EI client companies to the Irish economy is very important, particularly from a regional and county perspective.

Enterprise Ireland’s Strategic Ambitions for 2022-2024 is focused on Leading in a Changing World in every county throughout the country, including Mayo, by creating and developing export-focused Irish enterprises delivering growth, becoming a world-leading location to start and scale a business, achieving competitive advantage through customer-led innovation and digitalisation and leading globally on sustainability and achieving climate action targets.

Powering the Regions is Enterprise Ireland’s response to recent Government Regional Initiatives including the Future Jobs Ireland framework, the Regional Assemblies, Regional Enterprise Plans and Project Ireland 2040. It provides an overarching national plan underpinned by nine regional specific plans, to grow and sustain jobs, and to expand the reach of the Enterprise Ireland client base in every county and region in Ireland.

The plan proposes six new national initiatives which aims to future-proof the regions through enhanced productivity and resilience, drive new entrepreneurship, develop urban centres of growth, support the expansion of scaling companies into the regions and attract foreign direct investment in the food sector.

On 19 July 2022, 5 businesses from Mayo were successful in the Online Retail Scheme competitive call. On 7 October 2021, 14 New Frontiers projects were selected and started phase 2 places on the West Programme with 6 of these from Mayo.

A number of businesses were also approved funding under the Enterprise Centres Fund and regional funding which will help to enable recovery and growth following the COVID-19 pandemic.

EI will continue to work closely with their client companies in Mayo to build and develop opportunities to enable further job creation and sustainable enterprises in the county.

There are 120 IDA supported companies in the West Region, employing 29,419 people in total. In County Mayo there are 16 IDA supported companies employing 5,145 in total.

IDA will continue to work closely with the private sector in Mayo and the West region to secure the provision of appropriate and cost-effective building and property solutions for client companies. The FDI performance in the Region has been strong over the past five years with employment among IDA clients increasing by 32%. There is a significant ecosystem of well-established Life Sciences companies, which has helped drive strong cluster development. The number of people employed in software engineering, technical support, global business services and R&D in the Region has also grown considerably in recent years.

IDA’s property investment programme for the West Region included the construction of Advance Building Solutions (ABS) in Castlebar, Co. Mayo and in Galway. An Advance Office Building (AOB) of c.45,000sqft was completed in 2018 in Parkmore, Galway, which was delivered through a PPP model. The ABS in Parkmore, Galway is now completed and is currently being marketed. The ABS in Castlebar was acquired by Meissner Filtration, a California headquartered company, who announced the creation of 150 jobs in 2019.

As the Deputy is aware, under their new property programme over 2021-2024, IDA will deliver an additional Advance Building Solution in Castlebar and continue to engage with Mayo County Council to progress a partnership to develop additional business park and strategic lands for future development. The Agency will also work in partnership with Mayo County Council to develop access infrastructure to lands in Ballina.

IDA Ireland continues to market Mayo and the West through its overseas offices to target mobile FDI opportunities and will arrange corresponding site visits as required. IDA positions the West Region as home to the leading cluster of Life Sciences industries and a growing technology cluster, and will be targeting Lifesciences, Medical Devices, Financial Services and Technology sectors for investment opportunities in RD&I, advanced manufacturing, global business services and technology development.

Work Permits

Questions (81)

Colm Burke

Question:

81. Deputy Colm Burke asked the Tánaiste and Minister for Enterprise, Trade and Employment if consideration will be given to extending the quota for employment permit applications for the role of dairy farm assistant, in view of the fact that dairy farmers are having difficulty in recruiting employees, and taking into consideration that employment permit applications for this role have been returned since the quota was reached; and if he will make a statement on the matter. [54603/22]

View answer

Written answers

Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market.

In October 2021, in light of continued labour shortages in the agriculture and agri-food sector, I announced a new quota of 100 General Employment Permits for dairy farm assistants subject to a minimum annual remuneration of €30,000. This quota has now been filled.

The quota was opened with a proviso that a strategic review on labour attraction and retention in the sector be carried out in order to put in place more sustainable solutions for meeting the labour needs of the sector into the future. The review will influence the decision on the eligibility of the role for employment permits in the future.

Work Permits

Questions (82)

Colm Burke

Question:

82. Deputy Colm Burke asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of employment permit applications for the role of dairy farm assistant that have been returned, in view that the 100 general employment permits established under this quota for dairy farm assistants have now been granted; and if he will make a statement on the matter. [54604/22]

View answer

Written answers

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

In October 2021, in response to labour shortages in the agriculture and agri-food sector, I announced a new quota of 100 General Employment Permits for the role of Dairy Farm Assistant, subject to a minimum annual remuneration of €30,000.

All Agriculture quotas were opened with a proviso that a strategic review on labour attraction and retention in the sector is carried out in order to put in place more sustainable solutions for meeting the labour needs of the sector into the future.

The Deputy is aware that at this time all of the 100 General Employment Permits established under this quota for Dairy Farm Assistants have now been granted.

As of 2 November 2022, the number of general employment permit applications for the role of dairy farm assistant that have been returned by the Department, due to the allocated quota of 100 permits having been reached, currently stands at 15.

The Department continues to keep the employment permits system under review in light of changing labour market circumstances and the timing of the next Review of the Occupational Lists will be kept under consideration.

Consumer Protection

Questions (83)

Robert Troy

Question:

83. Deputy Robert Troy asked the Tánaiste and Minister for Enterprise, Trade and Employment the rights and recourse opportunities available to consumers who have been affected by substandard building or contractor works, or who have paid in advance for building works which have been left incomplete; and if he will make a statement on the matter. [54626/22]

View answer

Written answers

Policy responsibility for building works rests with the Minister for Housing, Local Government and Heritage. I understand from his Department that under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the Building Regulations rests with the owners, designers and builders of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities, who have extensive powers of inspection and enforcement under the Acts and who are independent in the use of their statutory powers.

The Department of Housing, Local Government and Heritage implements a range of building control reforms which focus on ensuring strong and effective regulation in the building control system and the construction industry and on improving compliance with Building Regulations. This includes:

- implementation of the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014).

- These Regulations empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner. With certain limited exceptions, the owner must assign competent persons to design, build, inspect and certify the building works who, in turn, must account for their role through the lodgement of compliance documentation, inspection plans and statutory certificates. The roles and responsibilities of owners, designers, builders, assigned certifiers, etc. during building works are set out in the Code of Practice for Inspecting and Certifying Buildings and Works. The Code of Practice also provides guidance on use of proper materials and the need to check supporting documentation under the Construction Products Regulation and additional national guidance produced by NSAI. Now, where issues arise whether pre, during or post construction, it is clear who has held the designated roles and who is responsible for addressing the issues. This facilitates and simplifies the inspection, implementation and enforcement role of Building Control Authority.

- The enactment in July 2022 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022.

- This Act develops and promotes a culture of competence, good practice and compliance with the Building Regulations in the construction sector. The Act will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator.

- Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

- Regulations to commence and prescribe for all matters within the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 is progressing. Local authorities have responsibility for the administration of the current Grant Scheme and will also have responsibility for the Enhanced Defective Concrete Blocks Grant scheme upon commencement. The Department of Housing, Local Government and Heritage recently published a comprehensive and updated “Your Questions Answered” document on its website to ensure homeowners have the most up to date information available to them.

- Pyrite Resolution Act 2013

The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency. The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance, e.g. such as pyrite in concrete blocks. The Pyrite Remediation Scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website.

In relation to my own Department, the current consumer rights legislation in relation to services is the Sale of Goods and Supply of Services Act 1980. Under the 1980 Act?when a service contract is entered into by a consumer, such as for building works, it must be carried out with due diligence and appropriate skills. Any material used must be sound and fit for purpose and any goods supplied must be of acceptable quality. The supplier of the service is responsible for providing redress. The consumer is entitled to seek either a full or partial refund or to have any work rectified and any repairs carried out must be permanent.

In addition, when a consumer enters into a contract for construction work on their home, there is an onus on the consumer to review all of the terms and conditions attached to the service.?Terms and conditions are set at the company's own discretion and may include conditions around when the works will be completed. Once the service is agreed, the terms and conditions are also agreed and both the consumer and the trader are bound by them.

Where a breach of contract occurs, the consumer may renegotiate the terms of the agreement with the trader or exit the contract without penalty and seek a refund of any monies owed. A written complaint can be made to the trader if the matter remains unresolved. As a final option recourse can be made to the Small Claims Process which can accept cases up to the value of €2,000. Any amount above this limit would require seeking remedies through the Courts and consumers may wish to seek independent legal advice in this regard.

The new Consumer Rights Bill 2022 that was recently passed by both Houses of the Oireachtas, once enacted, will provide for rights and remedies for consumers where a service contract is concluded between a trader and a consumer. These will be of a general nature that will apply to all service contracts, with some exceptions. Under the new legislation, a trader will be required to supply the service to the consumer as set out in the service contract.

Service is defined in the Bill as any service or facility, including a service or facility for the construction, maintenance or repair of buildings. A service contract is also defined as a contract under which a trader supplies or undertakes to supply a service to a consumer and the consumer pays or undertakes to pay the price for the service.

Once a service contract is concluded, the service must meet wide ranging subjective and objective requirements to be in conformity with the service contract, including being reasonably fit for purpose; being of a nature and quality that can reasonably be expected to achieve the agreed result; the trader must have the necessary skill to supply the service; and any materials used in the supply of the service must be sound.

The remedies available to the consumer for a service which is not in conformity with the service contract includes the right to terminate the contract; the right to have the service brought into conformity with the contract free of charge, within a reasonable time and without significant inconvenience; and the right to a proportionate reduction in the price. The latter applies in a number of specific instances, including where a service under a service contract is unsafe or any goods produced by, or resulting from, the service or any materials used in the service are unsafe. The consumer also has a right to withhold payment for any outstanding part of the price payable under the contract until the trader fulfils his obligations under it.

Remedies are available to the consumer under a service contract where it also provides for the sale of goods or the supply of digital content or a digital service.

Other remedies are also available to the consumer via the Consumer Rights Bill such as claiming damages; seeking to recover money paid to the trader for a non-complying service and recovering reasonable costs incurred from the trader for having the non-conforming service contract remedied elsewhere.

The Competition and Consumer Protection Commission (CCPC), the body responsible for enforcing consumer law in Ireland, will have extra enforcement powers. Where traders engage in misleading and aggressive commercial practices, like posting fake reviews or where they do not provide the remedies or reimbursement that consumers are entitled to, the CCPC can take action such as issuing compliance notices or applying to the Circuit Court or High Court for a declaration or injunction.

Work Permits

Questions (84)

Marc Ó Cathasaigh

Question:

84. Deputy Marc Ó Cathasaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment the frequency with which a review of the critical skills and ineligible occupations list is undertaken; the date of the most recent review; the timeline for the upcoming review; and if he will make a statement on the matter. [54833/22]

View answer

Written answers

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 to the needs of the economy and to ensure the employment permits system is aligned with current labour market intelligence, these lists undergo 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 by a public consultation.

Account is taken of education outputs, sectoral upskilling and training initiatives and known contextual and their impact on the labour market. Consideration is also taken of the views of the Economic Migration Interdepartmental Group, chaired by my Department and of the relevant policy Departments.

The most recent full review concluded on 27th October 2021. The Department continues to keep the employment permits system under review in light of changing labour market circumstances. Outside the full review process the Department continues to be in contact with other relevant Government Departments to address particular challenges as they arise. The timing of the next Review of the Occupational Lists is being kept under consideration.

National Minimum Wage

Questions (85)

Thomas Pringle

Question:

85. Deputy Thomas Pringle asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of criminal prosecutions that there has been for offences set out in the National Minimum Wage Act 2000 since its commencement; and if he will make a statement on the matter. [54900/22]

View answer

Written answers

The Workplace Relations Commission (WRC) carries out inspections of employer records with a view to determining compliance with certain employment law statutes. Inspections arise for various reasons including complaints received of alleged non-compliance and by way of compliance campaigns which focus on compliance in specific sectors or with specific employment law statutes.

The WRC's aim is to achieve voluntary compliance through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. While every effort is made to secure compliance, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees and these cases are referred for prosecution.

Details of the number of prosecutions under the National Minimum Wage Act 2000 for the years 2013 to September 2022 are set out in the table attached. This data is not available prior to 2013.

Year

No of Prosecutions

2022

12

2021

16

2020

11

2019

4

2018

1

2017

14

2016

15

2015

18

2014

13

2013

6

Work Permits

Questions (86)

Róisín Shortall

Question:

86. Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to remove home care workers from the Ineligible Occupations List, following publication of the Report of the Strategic Advisory Group on Home Carers and Nursing Home Healthcare Assistants which recommended doing so; and if he will make a statement on the matter. [55113/22]

View answer

Written answers

The cross-departmental Strategic Workforce Advisory Group was established by the Minister of State for Mental Health and Older People, Mary Butler, in March 2022. The Group was charged with examining strategic workforce challenges in publicly and privately provided front-line carer roles in home support and nursing homes and with making recommendations to address these.

The Group, which was chaired by the Department of Health, comprised representatives from several government departments and agencies, including my Department and the Report of the Group was published on 15 October.

The Report includes 16 recommendations spanning the areas of recruitment, pay and conditions of employment, barriers to employment, training and professional development, sectoral reform, and monitoring and implementation.

It recommends that home-support workers should be made eligible for an Employment Permit.

To this end, my officials and I will work with counterparts at the Department of Health on the regulations necessary to give effect to this recommendation as soon as is possible.

National Standards Authority of Ireland

Questions (87)

Pádraig Mac Lochlainn

Question:

87. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Enterprise, Trade and Employment the current names of the members of National Standards Authority of Ireland committee that are now reviewing I.S. 465 and details on the international experts that they have consulted with or plan to consult with; when will the committee conclude its work and make recommendations to the Government. [55197/22]

View answer

Written answers

The National Standards Authority of Ireland (NSAI) is an independent agency, under the aegis of my Department. As part of its remit, NSAI carries out a range of operational functions, some of which are in areas which fall within the lead policy responsibility of other Departments. In this context, NSAI carries out activities in relation to construction products, which is an area within the lead policy responsibility of the Department of Housing, Local Government and Heritage.

I.S. 465 is the Irish Standard relating to the assessment, testing and categorisation of damaged buildings incorporating concrete blocks containing certain deleterious materials.

Members of the NSAI Committee TC 063 tasked with revision of I.S. 465, are the following –

Tim Brosnan

DOSA Consulting Engineers

Eddie Comerford

Association of Consulting Engineers Ireland

Simon Dolphin

Department of Housing, Local Government and Heritage

James Duane

Sustainability and Built Environment, NSAI

Seamus Duggan

Master Builders and Contractors Association

Mike Eden

Sandberg Materials Consultancy

Thomas Holden

Roadstone

Frank Lee

Chair

Dermot McCarty

Roadstone

Damien McKay

Mica Action Group

Tom Moore

SLR Consulting/Construction Industry Federation

Ken Mulkerrins

Kilsaran

Ken Murphy

NSAI Secretariat

Eanna Nolan

Cement Manufacturers Ireland

Aidan O'Connell

Engineers Ireland

David Power

Royal Institute of Architects of Ireland

Paul Quigley

IGSL/Institute of Geologists of Ireland

Mairtin Ruane

Mayo Co Co

Colin Scott

Engineers Ireland

Conor Taaffe

Homebond

John Wickham

Department of Housing, Local Government and Heritage

Eoin Wyse

Institute of Geologists of Ireland

Yvonne Wylde

NSAI

Besides international experts who are listed above, the Committee has engaged with and received presentations from a number of international experts, namely, Petrolab Ltd, and a group of interested experts made up of Professor Paul Dunlop of Ulster University, Dr Andreas Leemann of the Swiss Federal Laboratories for Material Science (Empa), and Mr Thomas Campbell of the TA Group. The Committee welcomes further substantive technical information that could inform the revision of I.S. 465 from any source, including from international experts, and it remains alert and open to engaging with relevant experts.

Under the direction of the Defective Concrete Blocks (DCB) Technical Matters Steering Group, chaired by the Department of Housing, Local Government and Heritage, the Committee is continuing its work to define the research programme to be procured in support of the revision of I.S. 465.

The NSAI will complete its work as soon as possible. Progress will depend on further information including research output becoming available to the Committee.

Employment Rights

Questions (88)

Paul Murphy

Question:

88. Deputy Paul Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 65 of 14 September 2022, if he will provide an update on the meeting between the Commission and the Government that was due to take place in September 2022, on the letter of notice concerning the Transnational Information and Consultation Act 2006; if he will publish all correspondence between the Government and the Commission on the letter of notice concerning the Act; and if he will make a statement on the matter. [55294/22]

View answer

Written answers

As stated previously, the European Commission wrote to the Irish Government with a letter of formal notice on the 19 May 2022. Having consulted with the Attorney General’s Office, my Department responded to the Commission on the 19 July 2022. Ireland’s response to the Commission is considered confidential and there are no plans to publish it at this time.

My officials met with the Commission in September with regards to the matter and I can confirm that engagement with the Commission is ongoing. However, I am not in a position to share any correspondence concerning a confidential process. Once the Commission has concluded its enquiry, it will issue its decision.

State Bodies

Questions (89)

Seán Sherlock

Question:

89. Deputy Sean Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of form RBN3 processed by the companies Registration Office in each of the years 2020, 2021 and to date in 2022, by county and reason in tabular form. [55305/22]

View answer

Written answers

The Registration of Business Names Act 1963 requires any individual, partnership or body corporate which trades under a name other than their own true names to register their business name with the Registrar of Companies. The Act aims to provide transparency for those doing business by making the legal identity behind a business name public.

Section 12(1) of the Act requires any person, partnership or body corporate (including the liquidator of the body corporate) to notify the Registrar in the prescribed form, Form RBN3, if they cease to trade under the registered business name. The Act does not require the presenter of the Form RBN3 to provide a reason for ceasing to trade under a business name and therefore this information is not available to the Registrar.

The table below provides the number of Form RBN3 registered by the Companies Registration Office for the years 2020, 2021 and 2022 (up to and including 6th November 2022).

County

2020

2021

2022 (YTD)

Total

Carlow

17

27

19

63

Cavan

25

15

29

69

Clare

37

62

30

129

Cork

219

207

168

594

Donegal

49

44

48

141

Dublin

857

934

821

2,612

Galway

97

135

101

333

Kerry

59

48

51

158

Kildare

118

108

110

336

Kilkenny

47

37

34

118

Laois

24

28

24

76

Leitrim

16

8

9

33

Limerick

61

54

73

188

Longford

9

13

10

32

Louth

63

45

67

175

Mayo

43

53

34

130

Meath

100

83

84

267

Monaghan

18

17

28

63

Offaly

24

30

26

80

Roscommon

20

18

11

49

Sligo

17

19

31

67

Tipperary

52

51

54

157

Waterford

54

40

44

138

Westmeath

45

31

43

119

Wexford

59

72

83

214

Wicklow

77

82

44

203

Total

2,207

2,261

2,076

6,544

Public Sector Staff

Questions (90)

Paul Donnelly

Question:

90. Deputy Paul Donnelly asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of full-time vacant forensic accounts and enforcement lawyers in the Corporate Enforcement Authority as of 31 October 2022; and when any vacancies will be filled in tabular form. [55329/22]

View answer

Written answers

The Companies (Corporate Enforcement Authority) Act 2021, providing for the establishment of the Corporate Enforcement Authority (CEA) was commenced on 6th of July and the CEA was established on 7th of July 2022.

In preparation for the establishment of the CEA my Department approved an additional 14 civil servants to be assigned to the CEA. In addition, the CEA’s full-time Garda complement will increase by 50% from 7 to 16 officers (comprising of 1 Detective Inspector, 3 Detective Sergeants and 12 Detective Gardaí). Recruitment of additional Gardaí is underway.

In relation to forensic accountant vacancies, I am informed that as of 31 October 2022 there is one vacancy, however following a recruitment competition earlier this year, one candidate has completed the recruitment process and will commence employment with the CEA in early January 2023.

There is currently one Enforcement Lawyer vacancy, and I am informed that a recruitment competition for this position is expected to commence in coming weeks.

Work Permits

Questions (91)

Darren O'Rourke

Question:

91. Deputy Darren O'Rourke asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps that he is taking to address the bus driver shortage in Ireland; if he will address the delays in issuing work permits for immigrant workers; and if he will make a statement on the matter. [55344/22]

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Written answers

Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market.

The regime is designed to accommodate the arrival of non-EEA nationals to fill skills and labour gaps for the benefit of our economy, in the short to medium term, and is managed through the operation of the Critical Skills and Ineligible Occupations Lists which determine roles that are either in critical short supply or are ineligible for an employment permit.

The role of Bus Driver is currently on the Ineligible Occupations List and, as such, an employment permit cannot be granted for this occupation.

In order to have an occupation considered for adding to or removal from the Occupations Lists, or for a quota to be created, recruitment difficulties should be demonstrated as due to shortages across the EEA and not to other factors such as salary and/or employment conditions. Sectors are also required to engage structurally with the public employment service of the Department of Social Protection.

Submissions will be invited from sector representative bodies and interested parties via the Public Consultation Form which will be accessible on the Department’s website throughout the consultation period when the next Review of the Occupational Lists commences.

My Department chairs the Interdepartmental Group to oversee the review process which includes membership drawn from senior officials of key departments including the Department of Transport who have policy responsibility for this sector. Officials from my Department are engaging with colleagues in the Department of Transport on the need for the role of Bus Driver to be eligible for employment permits.

My Department continues to keep the employment permits system under review in light of changing labour market circumstances and the timing of the next Review of the Occupational Lists will be kept under consideration.

Work Permits

Questions (92)

Niall Collins

Question:

92. Deputy Niall Collins asked the Tánaiste and Minister for Enterprise, Trade and Employment if he has plans to re-open the application process for work permits for farming, including the pig and poultry sectors; and if he will make a statement on the matter. [55372/22]

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Written answers

Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market.

Four occupations in the farming sector have been provided with quotas of General Employment Permits including Dairy Farm Assistant (100 GEPs), Horticulture Operative (1000 GEPs), Meat Deboner (500 GEPs), and Meat Processor Operative (1500 GEPs). The quotas for Dairy Farm Assistant and Meat Processor Operative have now been filled.

The quotas were opened with a proviso that a strategic review on labour attraction and retention in the agri-food sector be carried out in order to put in place more sustainable solutions for meeting the labour needs of the sector.

This review will influence the decision on the eligibility for employment permits for the farming sector into the future, guided by the Department of Agriculture, Food and the Marine, as lead policy department for the sector.

Enterprise Support Services

Questions (93)

Holly Cairns

Question:

93. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will ensure that the supports available to employees with disabilities are offered in comparable forms to self-employed disabled people and disabled entrepreneurs. [55429/22]

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Written answers

The Local Enterprise Offices (LEOs) assist entrepreneurship and business development and are the ‘first-stop-shop’ for advice and guidance, financial assistance and other supports for everybody, including people with disabilities, intending to start or grow a business.

In that regard, the LEOs provide a ‘signposting’ service in relation to all relevant State supports available through agencies such as the Department of Social Protection, Revenue, Education and Training Boards, the Credit Review Office and Microfinance Ireland.

All entrepreneurs can avail of LEO training, mentoring and management development programmes. Furthermore, LEOs can provide additional support to entrepreneurs with disabilities such as one to one mentoring or accommodations to assist with the completion of grant application forms or to complete training courses such as Start Your Own Business.

Direct LEO grants are available to all entrepreneurs whose businesses meet the eligibility criteria including operating in manufacturing or internationally traded services.

Enterprise Ireland is focused on ensuring that supports for entrepreneurs and enterprise are accessible to all, including people with disabilities. Enterprise Ireland continues to invest in additional content, available on eiLearn (eilearn.ie/) and are working in conjunction with stakeholders in the LEOs and third level colleges to develop new programmes and initiatives.

In addition to the above, the Department of Social Protection can provide specific supports to help people with disabilities to find and keep employment, including self-employment. The Back to Work Enterprise Allowance (BTWEA) scheme encourages people in receipt of certain social welfare payments to become self-employed. If a person takes part in the BTWEA scheme they can keep a percentage of their social welfare payment for up to 2 years.

Enterprise Support Services

Questions (94)

Holly Cairns

Question:

94. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment if consideration will be given to providing a grant for self-employed disabled people and disabled entrepreneurs to employ a non-disabled person to help them run their business. [55430/22]

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Written answers

The Local Enterprise Offices (LEOs) are the ‘first-stop-shop’ for advice and guidance, financial assistance and other supports for everybody, including people with disabilities, intending to start or grow a business.

In that regard, the LEOs provide a ‘signposting’ service in relation to all relevant State supports available through agencies such as the Department of Social Protection, Revenue, Education and Training Boards, the Credit Review Office and Microfinance Ireland.

All entrepreneurs can avail of LEO training, mentoring and management development programmes. Furthermore, LEOs can provide additional support to entrepreneurs with disabilities such as one to one mentoring or accommodations to assist with the completion of grant application forms or to complete training courses such as Start Your Own Business.

The LEO Priming and Business Expansion grants, include salary costs as an eligible cost. These grants are available to all entrepreneurs, provided their business meets the general eligibility criteria, such as operating in manufacturing or internationally traded services, and the business case submitted outlines the business need for recruiting specific employees.

Enterprise Ireland is focused on ensuring that supports for entrepreneurs and enterprise are accessible to all, including people with disabilities. Enterprise Ireland continues to invest in additional content, available on eiLearn (eilearn.ie/) and are working in conjunction with stakeholders in the LEOs and third level colleges to develop new programmes and initiatives.

In addition to the above, the Department of Social Protection can provide specific supports to help people with disabilities to find and keep employment, including self-employment. The Back to Work Enterprise Allowance (BTWEA) scheme encourages people in receipt of certain social welfare payments to become self-employed. If a person takes part in the BTWEA scheme they can keep a percentage of their social welfare payment for up to 2 years.

Departmental Staff

Questions (95)

Catherine Murphy

Question:

95. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of officials in his Department who have undertaken the Harvard Business School advanced management programme in the past ten years to date; the grade of each official; and the cost for each attendee in tabular form. [55479/22]

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Written answers

My Department operates an Advanced Payment of Fees Scheme (APF), where on an annual basis employees are invited to apply for funding to undertake third-level studies appropriate to the business mandate of the Department.

According to records held in my Department, no funding has been provided to any employee under the APF Scheme or the preceding Refund of Fees Scheme to undertake the Harvard Business School Advanced Management Programme in the past ten years to date.

Work Permits

Questions (96)

John Lahart

Question:

96. Deputy John Lahart asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will arrange to have an employment permit issue to a person (details supplied); and if he will make a statement on the matter. [55510/22]

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Written answers

The Employment Permits Section of the Department inform me that, on 26th September 2022, a General Employment Permit application for the person concerned (in the details supplied) was received.

On 18th October 2022 the application was refused. The refusal reasons included the following:

- The information provided indicated that the foreign national was in the State without a valid current immigration permission from the Minister for Justice.

- The advertisement for the employment was not placed with the Department of Social Protection/EURES Employment Services for 28 days during the 90 days preceding the application as is required.

- The advertisement relating to the proposed employment that ran in a national newspaper was not legible and the job details on the website advertisement were not provided as is required.

- An up-to-date tax clearance access number in respect of the person who made the offer of employment was not provided.

- The required documentary proof of the experience of the proposed employee was not provided as is required.

The applicant was informed of the refusal reasons on 18th October 2022 and of their right to request a review of the decision within 28 days from the date of the refusal letter that issued. To date no such request has been received.

The Employment Permits Section informs me that in the case where an Employment Permit application is either withdrawn or refused, 90% of the fee paid is refundable. An employment permit can only be issued when all the qualifying conditions are satisfied.

Work Permits

Questions (97)

John Lahart

Question:

97. Deputy John Lahart asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will arrange to have employment permits (details supplied) issued as promptly as possible. [55579/22]

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Written answers

The Employment Permits Section of my Department informs me that standard General Employment Permit applications for the persons concerned in the details supplied were only received on 2nd November 2022.

Applications for employment permits are dealt with in date order. The Employment Permits Section of my Department is currently processing standard applications for General Employment Permits received on 11th October 2022.

If a permit is urgently required, an applicant may request to have an application expedited. An expedite request will only be considered in exceptional cases. The Department can only consider such a request where a detailed business case is provided. Details of the exceptional case must be submitted to the Department on the attached expedite request form.

Once the business case is completed it should be submitted to Employmentpermits@enterprise.gov.ie for consideration. It is important to point out that the completion of a business case does not guarantee that an expedite will be facilitated.

The Employment Permits processing times are updated on a weekly basis at the following link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates/

There is also an Online Status Update Enquiry - where details on a particular application can be accessed: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Employment-Permit-Status-Form/

Name of Company/Individual making the request:

Q 1. Confirm the Employment Permit application number?

A 1.

Q 2. When was the Employment Permit application submitted?

A 2.

Q 3. Was the application submitted 12 weeks prior to the proposed start date of the employment as is recommended by the Employment Permits Section? If not a detailed explanation as to why not is required?

A 3.

Q 4. State the business critical nature of the role in question for the company?

A 4.

Q 5. Provide specific details of the business critical work which will be called into question were this application to be processed in its scheduled date order?

A 5.

Q 6. If this role relates to a specific new contract/project, what new contracts/projects may not be fulfilled in line with contractual agreed commitments were this application to be processed in its scheduled date order? What percentage is the value of this contract/project compared to the company’s annual turnover?

A 6.

Q 7. If this role relates to an on-going/business-as-usual company activities, what percentage of annual business turnover will be lost if this application were to be processed in its scheduled date order?

A 7.

Q 8. Is the proposed employee in question a visa required national - Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf (irishimmigration.ie)?

A 8.

Q 9. Is the proposed employee in question already in the State?

A 9.

Work Permits

Questions (98)

Holly Cairns

Question:

98. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide details of the number of employment permits applied for, and issued, to holders of Russian passports from March 2022 to date, and for the corresponding period in 2021, in tabular form. [55653/22]

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Written answers

The tables below give details of the number of Employment Permit applications received, and the number of Employment Permits issued by Nationality to citizens of the Russian Federation from March 2022 to date, and for the corresponding period in 2021.

Russian Federation Applications Received

March

April

May

June

July

August

September

October

Total

2022

33

100

76

78

87

64

68

48

554

2021

13

26

25

32

25

19

27

24

191

Russian Federation Applications Issued

March

April

May

June

July

August

September

October

Total

2022

54

36

105

74

87

103

80

60

599

2021

13

6

9

20

15

22

26

17

128

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