Denise Mitchell
Question:10. Deputy Denise Mitchell asked the Minister for Enterprise, Trade and Employment if his Department has any indication whether a matter (details supplied) will be reneged on. [63166/22]
View answerRedundancy Payments
Questions (10)
Written answers
In May 2021, Teva announced that Tosara Pharma, located in Baldoyle, would cease manufacturing at the end of 2022 resulting in the unfortunate loss of 130 jobs. Tosara Pharma has been manufacturing Sudocrem at a 33,000 sq.ft manufacturing plant since 1984. The site activities include manufacturing, packaging, quality, and shipping of Sudocrem to global markets. Tosara Pharma manufactures a high-volume, low-margin product and the company was of the view that the site which was dated was no longer competitive from a cost perspective. In addition, the company was unable to expand to meet increased product demand due to landlocked layout of the site.
Tosara has informed IDA Ireland that the redundancy package being offered to its staff is attractive and above statutory levels. The package has been discussed with all staff with terms of the redundancy being part of negotiations over the past number of months.
The IDA has confirmed to my Department that they met with Tosara/Teva on 30 November 2022, who provided the following update regarding the closure of the operation:
- The company noted to IDA Ireland that 50 redundancies took place on 22 December 2022 with 54 further redundancies scheduled for March 2023. The company is expected to be completely decommissioned by the end of June 2023.
- Based on discussions with Tosara/Teva, it is IDA Ireland’s understanding that the company are meeting its commitments in relation to the redundancy package agreed and that redundancies will take place as above in cooperation, coordination and agreement with all staff at the operation.
- Teva facilitated an educational programme for staff in which they had strong uptake. This training, conducted by Skillnet, included diplomas, degrees, and green or yellow belt certification in Lean Six Sigma. In July 2022 Teva also began outplacement services to provide interview and CV writing support for employees.
- Tosara is a Shingo accredited site for lean training and Tosara/Teva has forged relationships with neighbouring pharma companies including AbbVie and others in relation to supporting employees with job uptake at these operations.
The strong growth of the past decade in FDI employment continued in 2022 despite the turbulent global environment. There is a good pipeline of new investments in a range of sectors including life sciences, and IDA Ireland expects many positive announcements in the coming months.
Departmental Consultations
Questions (11)
Seán Haughey
Question:11. Deputy Seán Haughey asked the Minister for Enterprise, Trade and Employment the outcome of the public consultation process on retired workers' access to industrial relations mechanisms for pension-related issues; the response of the Government to these proposals; and if he will make a statement on the matter. [63202/22]
View answerWritten answers
At the Second Stage debate on the 2021 Private Members Bill on Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers), the Minister of State for Business, Employment and Retail, Damien English TD, clearly outlined this Department's difficulties and concerns in relation to the proposed Bill as it was then drafted, and why it could not be supported by the Government.
If a person is in receipt of an occupational pension, their relationship is with the trustees of the pension fund. They no longer have an employment relationship with their former employer. As the Deputy will be aware, trustees have statutory and fiduciary duties to act in the best interests of all members of a fund.
It is the responsibility of the Office of the Pensions Ombudsman to act an independent and impartial means of resolving complaints alleging financial loss occasioned by an act of maladministration and disputes of fact or law in relation to occupational pensions schemes and Personal Retirement Savings Accounts.
It has already been recognised that there is legitimacy, in time limited circumstances, for retired persons to seek redress from the industrial relations bodies for matters arising pre-retirement. In 2015, the 1990 Industrial Relations Acts were amended with the insertion of section 26A which allows for a retired person to access to Industrial Relations bodies in a period of 6-month post-retirement.
It is important to note that access to the industrial relations machinery of the State, including access to the Workplace Relations Commission, is governed by Section 23 of the Industrial Relations Act 1990. This legislation provides that a “worker” means any person aged 15 years or over who has entered or works under a contract with an employer. A person in receipt of an occupational pension is not a worker and therefore cannot have a complaint dealt with by the Workplace Relations Commission.
To ensure that the views of all stakeholders were considered in relation to this issue, the Department of Enterprise, Trade and Employment ran a consultation process in March 2022, the purpose of which was to seek views on the introduction of a statutory right for retired persons to be included in collective trade disputes.
In the 12 submissions received, while it was clear that there was a small cohort of people who would benefit from the proposal, there were a number of submissions which did not support the measures. All submissions received have been published on the Department’s website.
Corporate Governance
Questions (12)
Catherine Murphy
Question:12. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if his Department will compile a report on its action in relation to a matter (details supplied); if the case has been transferred to the Corporate Enforcement Authority; the actions his Department has taken in respect of the case to date; and if his Department has engaged with Enterprise Ireland in respect of the matters alleged. [63208/22]
View answerWritten answers
My Department contacted Enterprise Ireland in 2020, in relation to correspondence received at that time concerning the issue raised. However, as the matter is sub judice I am prevented from commenting on the details of this case.
Trade Agreements
Questions (13)
Chris Andrews
Question:13. Deputy Chris Andrews asked the Minister for Enterprise, Trade and Employment if his Department supports current aspects of the EU-Morocco trade agreement as they relate to the natural resources of Western Sahara; and if he will call for the resources of Western Sahara to be excluded from EU-Moroccan deals moving forward. [63227/22]
View answerWritten answers
As the Deputy will be aware, trade policy is a competence of the European Commission under Article 207 of the Treaty on the Functioning of the European Union, and referred to as the Common Commercial Policy.
The EU and Morocco established a Free Trade Area as part of the EU-Morocco Association Agreement, signed in 1996, which entered into force on 1 March 2000. The EU and Morocco also signed an Agreement on additional liberalisation of trade in agricultural products, processed agricultural products, and fish and fisheries products, which entered into force in October 2012.
Both parties agreed upon a protocol establishing a Dispute Settlement Mechanism, which entered into force in 2012. Negotiations for a Deep and Comprehensive Free Trade Area (DCFTA) started in 2013. The last negotiating round was held in April 2014.
The EU-Morocco Sustainable Fisheries Partnership Agreement (FPA), concluded in March 2019, allocates fishing opportunities for the EU in exchange for an overall financial contribution of €208 million. A substantial part of this contribution is used to promote the sustainable development of the fisheries economy in Morocco and the Western Sahara.
The question of the territorial applicability of certain EU-Morocco agreements is the subject of ongoing legal consideration at the European level. Ireland notes the October 2021 European Court of Justice ruling that annulled the EU’s previous approval of agriculture and fishing agreements that allowed Morocco to export goods from Western Sahara. That decision is currently being appealed. Ireland will await the outcome of this process and, together with our EU partners, give careful consideration to the decision reached.
More broadly, Ireland’s long-held position is that Western Sahara is a non-self-governing territory. We support the United Nations Security Council Resolutions, which support the right to self-determination of the people of Western Sahara.
Finally, in 2021, under the new EU Trade Policy Review, the EU has offered to discuss modernising trade and investment relations with Morocco, to better adapt them to today’s challenges, notably in respect of value chains and the greening and digitalisation of respective economies.
Work Permits
Questions (14)
Brendan Howlin
Question:14. Deputy Brendan Howlin asked the Minister for Enterprise, Trade and Employment the current status of a work permit application by a person (details supplied); and if he will make a statement on the matter. [63349/22]
View answerWritten answers
The Employment Permits Section of my Department informs me that a Critical Skills Employment Permit in respect of the person concerned (in the details supplied) was received on 4th November 2022. Separate requests for further information in relation to this application issued from my Department on 07/11/2022, 25/11/2022, 29/11/2022 and on 30/11/2022.
On 8th December 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 information provided indicated that the job offer was not for two years or more which is a requirement for a Critical Skills Employment Permit.
- A copy of an updated Contract of Employment was not provided.
The applicant was informed of the refusal reasons on 8th December 2022 and of their right to request a review of the decision within 28 days from the date of the refusal letter that issued. 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.
I am also informed that a refund request in respect of this application was received on the 9th of December 2022 and was issued on the 12th of December 2022.
Legislative Measures
Questions (15)
Thomas Pringle
Question:15. Deputy Thomas Pringle asked the Minister for Enterprise, Trade and Employment if all sections of all Acts passed in the past ten years have been commenced; the number of sections outstanding; the number of Acts that have review periods; if the reviews have taken place; and if he will make a statement on the matter. [63379/22]
View answerWritten answers
I wish to advise the Deputy that not all sections of all Acts passed in the timeframe outlined have been commenced. The relevant Acts are as follows:
- The Competition (Amendment) Act was signed into law in June 2022. To operate fully, the Act requires that secondary legislation be put in place prior to commencement. The Department has been working to put this secondary legislation in place and expects the Act will be commenced in Q1 of 2023.
- The Consumer Rights Act 2022 commenced in full on 29 November, except for section 161. Section 161 requires drafting of regulations to give it full effect. Draft regulations are in development, and it is expected that this work will be completed in the coming months, enabling commencement of the Section.
- The Companies (Corporate Enforcement Authority) Act 2021 – Section 35 is yet to be commenced.
- The Personal Injuries Resolution Board Act 2022 was enacted in December 2022. All sections are pending commencement and the intention is for phased commencement over the coming months.
- The Companies (Corporate Enforcement Authority) Act 2021 is commenced except for section 35. These provisions relate to the requirement for the use of Personal Public Service numbers (PPSN) when interacting with the Companies Registration Office (CRO). As some technical changes, which require testing, are required in the CRO to facilitate this in practice, it is proposed to commence the provisions in 2023 as the peak filing period of 2022 has concluded.
- The Employment Permits (Amendment) Act 2014 was passed in July 2014. Part 3 Section 15 subsections (5)(b) and (6) and Part 5 Section 35(a) to (c), and Section 36 have not yet been commenced.
Further to the Deputy’s question about Acts with review periods, details of the relevant Acts are as follows:
- Section 23 of the Personal Injuries Resolution Board Act 2022 provides for a review of the amendments to the Primary Act 18 months following commencement. This review is not yet due.
- While a review of the Credit Guarantee Act 2012 and the Credit Guarantee (Amendment) Act 2016 is provided for, there is no requirement to complete a review. Nevertheless, a review of the Credit Guarantee Scheme 2012 was completed in September 2013.
- A review of the Microenterprise Loan Fund Act 2012 commenced within two years of the passing of the Act. A review was completed in 2015 and then again in 2019.
- A review of the European Investment Fund Agreements Act 2018 (amended by the Microenterprise Loan Fund (Amendment) Act 2020) was required within four years of commencement. This review was completed in December 2022.
- A review of the Loan Guarantee Schemes Agreements (Strategic Banking Corporation of Ireland) Act 2021 (amended by the Credit Guarantee (Amendment) Act 2022) is required within four years of commencement. The review is due for completion by 4 June 2025.
- Section 17(2)(1J) of the Employment Permits (Amendment) Act 2014 prescribes a review of the regulations be carried out from time to time. A review of regulations under this Act last took place under S.I. No. 677 of 2022, Employment Permits (Amendment) (No. 3) Regulations 2022.
- With regard to the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022, the Act will be reviewed after one year in operation, when employers, employees and customers all have experience of how the legislation works in practice. The review must be completed within six months and laid before the Oireachtas.
All of the Acts mentioned above are the subject of ongoing monitoring and review by the officials in my Department.
Employment Rights
Questions (16)
Ged Nash
Question:16. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he will provide an update on his plans to implement the recommendations of the Duffy Cahill report, especially in view of the growing number of corporate insolvencies; and if he will make a statement on the matter. [63392/22]
View answerWritten answers
Ireland has a robust suite of legislation to protect and support workers facing redundancies. The Duffy Cahill report was in response to particular terms of reference which were quite narrow and specific and do not address the generality of redundancies that arise in insolvency situations.
Following constructive engagement with the Social Partners, the Department published a Plan of Action on Collective Redundancies following Insolvency in May 2021.
The Plan sets out several commitments to safeguard further the rights of workers in these circumstances including:
- To introduce amendments to employment law and company law dealing with matters related to collective redundancies following company insolvency,
- To develop a Guidance Document to provide clear and accessible information in relation to the rights and remedies available to employees in such circumstances,
- To establish a new Employment Law Review Group.
Progress has been made to date on the Plan:
- A Guidance Document was published in December 2021. This provides clear and accessible information to employees facing a collective redundancy situation following a company insolvency on their rights and the remedies available to them.
- Four company law actions have been implemented: three on the quality and circulation of information to workers as creditors through the Companies (Rescue Process for Small and Micro Companies) Act 2021 and one action on imposing a statutory obligation on directors to consider the interests of creditors in the period leading up to insolvency through the European Communities (Preventive Restructuring) Regulations 2022.
Significant progress has been made on drafting Heads of Bill in respect of the remaining employment law actions that require legislative effect. It is expected these measures will cover amendments to the Protection of Employment Act 1977, which protects employees during collective redundancies.
In respect of company law, in December 2021 the Company Law Review Group (CLRG) submitted its report following its consideration of the issue of splitting of corporate operations from asset holding entities in group structures. The Group ultimately concluded that the incidence of abusive practices in corporate restructuring, while attracting significant attention, is in fact low. This conclusion was supported by the then Office of Director of Corporate Enforcement which noted that its reviews of liquidations indicated that in over 90% of all liquidations, company directors had acted honestly and responsibly.
Nonetheless, the CLRG made a number of recommendations which my Department has analysed and progress has been made in preparing amendments to the Companies Acts 2014 to further enhance the regulatory framework.
It is intended that the General Scheme of a Bill to provide for the amendments to company law and employment law under the Plan of Action will be proposed to Government in early 2023.
Finally, work has commenced on the establishment of the Employment Law Review Group. In advising the Minister, the Review Group will seek to ensure that the State’s suite of employment rights and redundancy legislation remains relevant and fit for purpose and is updated to reflect international developments. This work involves drafting Terms of Reference, organising suitable membership and agreeing a workplan. The Group will initially be established on a non-statutory basis in 2023. The appropriate legislation to have the Group placed on a statutory footing will be drafted as soon as possible thereafter.
Construction Industry
Questions (17)
Ged Nash
Question:17. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he is concerned at reports of difficulties with construction subcontractors being paid by main contractors; if he will provide details on the number of cases before the construction contracts adjudication panel in each of the years 2020 to 2022; and if he will make a statement on the matter. [63393/22]
View answerWritten answers
The Construction Contracts Act 2013 specifically provides statutory protections for subcontractors and it applies to construction contracts that have been entered into since July 2016. The legislation provides specific deadlines for subcontractors to submit payment claim notices for works carried out and for payment to be made to subcontractors within 30 days or written reasons to be given as to why the payment claimed is contested by the other party to the contract. If full payment is not made to a subcontractor within 30 days, the subcontractor has the right to refer the resultant payment dispute to adjudication under the Act. It should be noted that there are some limited types of contracts which are excluded from the provisions of the Act.
I set out below the number of Adjudicator appointments made by the Chairperson of the Construction Contracts Adjudication Panel under section 6(4) of the Construction Contracts Act, 2013 for the years 2020 to 2022.
Number of Adjudicator appointments made under section 6(4) of the Construction Contracts Act 2013
|
2020 |
2021 |
2022 |
|
40 |
44 |
80 |
There is a statutory and robust adjudication process in place to swiftly resolve payment disputes that arise in the Construction Sector. I therefore encourage subcontractors to pursue their rights for payment under the Construction Contracts Act, 2013. Further information on the Act is available on my Department’s website at www.enterprise.gov.ie.
Departmental Reviews
Questions (18)
Pat Buckley
Question:18. Deputy Pat Buckley asked the Minister for Enterprise, Trade and Employment if he has commenced the comprehensive independent evaluation recommended by the National Competitiveness and Productivity Council into the cumulative impact of a range of measures which it states represent a cost to employers through administration burdens and resourcing and which could be particularly burdensome for SMEs; and if the evaluation has not commenced, when work will commence. [63403/22]
View answerWritten answers
Over the past year the Government has introduced or progressed several measures with the aim of improving working conditions in Ireland. These measures are an important part of building an inclusive economy – particularly one that is attractive to highly mobile labour and skills. These measures include the right to request remote work, sick pay legislation, pension auto-enrolment, parent’s leave and parent’s benefit, the introduction of an additional bank holiday, and the transition to a living wage. These measures are necessary to improve the lives of workers in Ireland and to ensure Ireland is in line with other European countries.
However, the Government agrees that it is important to also be aware of the impact of these measures on businesses, particularly as they are managing rising prices, supply chain issues and the increasing need to adapt to the digital and climate transitions. The Government is committed to continuing to monitor the combined impacts of these measures – reflecting both the benefits and costs.
Planning for this evaluation, as recommended by the National Competitiveness and Productivity Council, has commenced. The report will be progressed this year between the Department of Enterprise, Trade and Employment and the Department of Social Protection, with a report to be published by the end of 2023. Officials are currently scoping out the evaluation. The report will be prepared independently by Irish Government Economic and Evaluation Service (IGEES) staff across both Departments under the guidance of a Steering Group.
Regional Development
Questions (19)
Alan Dillon
Question:19. Deputy Alan Dillon asked the Minister for Enterprise, Trade and Employment if an airport (details supplied) will be eligible to secure funding under the European regional development fund to support infrastructural works; when the first call for applications will open; if local authorities will be able to submit applications; and if he will make a statement on the matter. [63414/22]
View answerWritten answers
The Deputy will be aware that the West Regional Enterprise Plan (REP) to 2024 includes an objective to advance the development of the regional entrepreneurship and innovation ecosystem in the region. Action five under this objective focuses on strengthening the enterprise strategy for the Strategic Development Zone (SDZ) at the Ireland West Airport Knock. Progress is ongoing in relation to this action.
My Department has secured up to €145m over the coming years from the European Regional Development Fund to support projects coming from the nine Regional Enterprise Plans.
I am keen to get this funding out to the regions as soon as possible. My officials are working with Enterprise Ireland on developing the scheme and eligibility criteria with a view to launching the first call in early 2023.
The Deputy may also wish to note that the Horan Airport Trust secured funding under my Department’s Regional Enterprise Innovation Scoping Scheme (REISS) to undertake a feasibility study looking at the potential for an ‘Infinity Hub’ at Knock Airport as a focal point for the circular economy and its development for industry and clustering activity across sectors.
EU Directives
Questions (20)
Louise O'Reilly
Question:20. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the means by which Ireland will implement the public country-by-country reporting directive by the legal deadline of June 2023; and if he will make a statement on the matter. [63427/22]
View answerWritten answers
Directive 2021/2101, commonly referred to as the Public Country by Country Reporting Directive, seeks to combat aggressive tax planning, by requiring Multinational Enterprises (MNEs) to publish tax information reports thereby encouraging transparency and public scrutiny through democratic debate.
MNEs whether headquartered in the EU or not, with a base, subsidiary or branch in the EU and net turnover above €750 million for two consecutive financial years, will be required to publish country by country tax payment information.
Public country by country reporting is considered an effective transparency tool as to the impact of MNEs activities on the real economy; for investors ability to evaluate risk; the protection of creditors; and is expected to have a positive impact on employee’s rights to information and consultation.
For the first time, non-European MNEs doing business in the EU through subsidiaries and branches will also have to comply with the same reporting obligations as EU MNEs.
The Directive has a transposition deadline of 22 June 2023. To ensure the transposition is conducted in the most efficient manner possible it will be done by way of statutory instrument under the European Communities Act 1972. Member States are required to have the necessary legal and administrative provisions in place at the latest for the first financial year starting on or after 22 June 2024 and it is anticipated that Ireland will meet this deadline.
Draft Regulations are with the Office of the Parliamentary Counsel for finalisation and settlement.
Equal Opportunities Employment
Questions (21, 22)
Steven Matthews
Question:21. Deputy Steven Matthews asked the Minister for Enterprise, Trade and Employment the position regarding any initiatives being implemented or under consideration by his Department to reduce barriers to employment for persons with intellectual disabilities; if any consideration has been given to a paid internship and apprenticeship model that could be tailored to an individual’s circumstances; and if he will make a statement on the matter. [63451/22]
View answerSteven Matthews
Question:22. Deputy Steven Matthews asked the Minister for Enterprise, Trade and Employment if he will provide details regarding any research that has been carried out by his Department into the barriers to employment for persons with intellectual disabilities; if any future research is planned in this regard; and if he will make a statement on the matter. [63455/22]
View answerWritten answers
I propose to take Questions Nos. 21 and 22 together.
The development of policy measures and initiatives to support disability rights and inclusion fall, primarily, under the remit of my colleague the Minister for Children, Equality, Disability, Integration and Youth. Strategies under that Department include the Comprehensive Employment Strategy for People with Disabilities (CES) and the National Disability Inclusion Strategy. The CES is the primary disability employment policy initiative in Ireland. It is a cross-government approach, bringing together actions by Government Departments and Agencies to address the barriers and challenges to employment of persons with disabilities, including people with intellectual disabilities. I understand that work is underway and will continue throughout 2023 on the development of a third and final action plan under the CES – which is intended to guide actions under the CES to the end of the strategy in 2024.
With regard to initiatives being implemented by my Department to reduce barriers to employment for persons with intellectual disabilities, my Department has in place a Disability Consultative Committee whose role is to provide a focus for disability inclusion in respect of the policy work, schemes, and initiatives of the Department. The Committee also monitors implementation of our actions under the National Disability Inclusion and Comprehensive Employment Strategies and raises awareness of issues and initiatives around disability across the Department and its Offices and Agencies. The committee has representation from the Disability Stakeholders Group including a representative from Autism action group AsIAm.
With regard to the Agencies under the remit of my Department, all entrepreneurs can avail of Local Employment Office (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.
Enterprise Ireland (EI) is focused on ensuring that supports for entrepreneurs and enterprise are accessible to all, including people with disabilities. There is increased awareness within EI around inclusion for people with disabilities, both physical and intellectual. EI’s online content has been adapted to make information more accessible to those with disabilities. Additionally, the office infrastructure is designed, or has been adapted, to accommodate people with intellectual and physical disabilities. EI will have one to one mentor support in place for persons with intellectual disabilities by the start of 2024.
IDA Ireland, as part of its ongoing Equality, Diversity & Inclusion (EDI) initiative, has added Neurodiversity as a key demographic pillar. The EDI Team has arranged training sessions to promote understanding of neurodiversity and the advantages of having neuro-diverse colleagues in the workplace.
In addition to the above, the Department of Social Protection has responsibility for labour activation measures and can provide specific supports to help people with intellectual disabilities to find and keep employment. These include the Wage Subsidy Scheme, Back to Work Enterprise Allowance and the EmployAbility service.
As an employer, my Department is also providing opportunities for young adults with an intellectual disability by participating in the Willing Able Mentoring (WAM) Programme for 2022/2023 and the Oireachtas Work Learning (OWL) programme.
WAM is a work placement programme which aims to promote access to the labour market for graduates with disabilities and build the capacity of employers to integrate disability into the mainstream workplace. Participating employers collaborate with WAM to offer mentored, paid, work placements for graduates with disabilities. Two WAM graduates commenced their 7-month work placements last summer. Graduates on this year’s Programme were eligible to participate in a new pilot confined competition for permanency, which is being run by PAS.
The OWL programme is a one year applied Learning and Development programme for ten young adults with an intellectual disability. This programme is a partnership of KARE and WALK with the Houses of the Oireachtas supported by the Department of Public Expenditure and Reform and the Public Appointments Service. KARE and WALK are two voluntary bodies that provide services and supports to adults with an intellectual disability. This programme is being developed to include other public service bodies who can offer work placements for OWL participants and employment to OWL graduates. My Department participated in the OWL programme for the first time in 2022. An OWL graduate commenced employment in May 2022, in a permanent part-time position.
Question No. 22 answered with Question No. 21.
Work Permits
Questions (23)
Jackie Cahill
Question:23. Deputy Jackie Cahill asked the Minister for Enterprise, Trade and Employment if it is possible for an employer who has been approved for a number of work permits for persons from non-EU states to transfer these permits to other workers from another country, in cases where the processing of visas for travel to Ireland is taking an extended period of time; and if he will make a statement on the matter. [63460/22]
View answerWritten answers
The Employment Permits Section of my Department informs me that, in line with the Employment Permits Act, all Employment Permits granted are employer and employee specific, and cannot be transferred from one employee to another or from one employer to another.
This means that if an employment permit holder fails to take up employment with an employer for which a permit has been granted both parties to the employment permit are required to notify the Department. Such notifications should be emailed to EPMS@enterprise.gov.ie. After this notification is received the employment permit concerned will be cancelled.
Business Regulation
Questions (24)
Robert Troy
Question:24. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment if it is permitted for companies to charge employees an administration fee to process payroll. [63551/22]
View answerWritten answers
Statutory and contractual employment terms apply in relation to the payment of wages. Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act, 1991.
The Payment of Wages Act 1991 establishes a range of rights for all employees in relation to payment of wages. The Act regulates how wages and salaries are paid and what deductions may be made from same. Under this Act, an employer is not permitted to make deductions from an employee's wages unless the deduction is authorised under the contract of employment, required by statute, or is made with the prior written consent of the employee.
If an employee believes that their employer has made an unlawful deduction from their pay, then they may refer a complaint to the Workplace Relations Commission. Complaints should be made using the online complaint form available on workplacerelations.ie. A complaint must be brought within 6 months of the date of the deduction. The time limit may be extended for up to a further 6 months, but only where there is a reasonable cause which prevented the person from bringing the complaint in the normal time limit.
Work Permits
Questions (25)
Chris Andrews
Question:25. Deputy Chris Andrews asked the Minister for Enterprise, Trade and Employment if an employment permit application by a person (details supplied) will be expedited. [63587/22]
View answerWritten answers
The Employment Permits Section of the Department informs me that the General Employment Permit application submitted in respect of the person concerned (in the details supplied) was refused on 18th November 2022 and on 1st December 2022 the refusal decision was upheld by the Reviewing Officer.
It was refused as the job on offer is not listed on the Critical Skills Occupations List and therefore it was necessary for a Labour Market Needs Test to be carried out prior to submitting the employment permit application.
When determining if a job is listed on the Critical Skills Occupation List consideration is given to both the job title and the description of the employment provided in the application. While it is accepted that in some situations that a role on offer could overlap across a number of different SOC Codes, the occupation is however classified under the SOC Code that the role primarily falls under. In this case, it is recognised that some elements of the role on offer could be classified as falling on the Critical Skills Occupations List, but it mainly fell under SOC Code 3534, which is not specified on the CSOL. Roles falling under the unit group covered by SOC Code 2424 manage and oversee major projects across all sectors of modern industry, commerce and the public sector, in areas such as e-commerce, business analysis, finance, product development, marketing, human resources.
It is important to point out that the refusal to grant an employment permit does not preclude an applicant from submitting another application for an employment permit. Such an application should comply with all of the legislative requirements for the particular employment permit type.
To assist applicants when applying for a General Employment Permit a checklist document has been prepared and is available on the Department’s website and can be accessed through this link: enterprise.gov.ie/en/Publications/Publication-files/General-Employment-Permits-Checklist.pdf
For information, the minimum annual remuneration for a General Employment Permit is €30,000 based on a 39-hour working week. There are a limited number of exceptions to this minimum threshold which includes non-EEA students who have graduated in the last 12 months and are offered graduate positions from the CSOL. A non-EEA student who has graduated from an Irish third level institution must be offered a graduate position from the CSOL; a non-EEA student who has graduated from an overseas third level institution must be offered a graduate position as an ICT professional from the CSOL. At renewal stage, the minimum annual remuneration in both cases must be €30,000 based on a 39-hour working week.
In view that the role stated on the General Employment Permit application submitted was not considered to be on the CSOL, the minimum annual remuneration on offer for any future application for a similar role must be €30,000 based on a 39 hour working week.
Information is provided on the Department’s website in respect of employment permits including information regarding to each permit type, the requirement to undertake a Labour Market Needs Test, list of occupations ineligible for an employment permit, Checklist documents for a General and Critical Skills Employment Permit and an FAQ document which answers the majority of the most common questions, all of which are available through this link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/
Pension Provisions
Questions (26)
Marian Harkin
Question:26. Deputy Marian Harkin asked the Minister for Enterprise, Trade and Employment if he will take action to strengthen the rights of retired workers in relation to their occupational pension schemes and issues arising from any proposed changes to these schemes after a worker has retired, in particular, to ensure the ability of these workers to take cases to the Workplace Relations Commission. [63591/22]
View answerWritten answers
No case can be referred to the workplace relations bodies that comes within the remit of the Pension Ombudsman. The role of the Pensions Ombudsman, within the meaning of Part XI (eleven) of the Pensions Act, is to act an independent and impartial means of resolving complaints alleging financial loss occasioned by an act of maladministration and disputes of fact or law in relation to occupational pensions schemes and Personal Retirement Savings Accounts.
Accrued pension entitlements represent property rights. Pensioners already have available to them a range of recourses to vindicate their pension rights through the offices of the Pensions Authority, the Financial Services and the Pensions Ombudsman.
Pension scheme trustees must act in the best financial interest of all scheme members, whether active, deferred or retired, and must serve all beneficiaries of the scheme impartially. Trustees must always be consulted if a collective agreement refers to a pension matter.
It has already been recognised that there is legitimacy, in time limited circumstances, for retired persons to seek redress from the industrial relations bodies. In 2015, the Industrial Relations Acts were amended with the insertion of section 26A to the 1990 Act. It allows for a retired person access to the IR bodies in a period of 6-month post-retirement for matters arising pre-retirement. This 6-months is either from the date of retirement or the date from when it became known or should have been known, the time frame in which to make a complaint for matters arising post-retirement.
White Papers
Questions (27)
Rose Conway-Walsh
Question:27. Deputy Rose Conway-Walsh asked the Minister for Enterprise, Trade and Employment if he will provide additional details of the structured monitoring process for the targets outlined in the White Paper on enterprise; and if he will make a statement on the matter. [63604/22]
View answerWritten answers
The White Paper on Enterprise sets out the Government’s approach to enterprise policy for the period to 2030. It includes 15 targets – elaborated in the Appendix of the White Paper - which detail the Government’s ambitions in terms of employment and across the seven identified priority enterprise policy objectives:
- Integrating decarbonisation and net zero commitments;
- Placing Digital transformation at the heart of enterprise policy;
- Advancing Ireland’s FDI and trade value proposition ;
- Strengthening the Irish-owned exporting sector;
- Enabling locally trading sectors to thrive;
- Stepping up enterprise innovation; and
- Building on strengths and opportunities.
My Department is leading on developing consecutive two-year Implementation Plans of cross-government activity to implement the White Paper commitments. These Implementation Plans will set out how the various Government Departments, agencies and offices will deliver their respective commitments as timetabled deliverables. Officials in my Department are currently preparing the first programme of activity that will cover the period to the end of 2024 and each biennial Plan will be published.
Progress will be reported on biannually to the Cabinet Committee on Economic Recovery and Investment and monitored on an ongoing basis via the associated Senior Officials Group.
The biannual reports will include updates on progress towards the 15 targets with new data under each of the measures included as it becomes available from the relevant sources. A number of the targets set out in the White Paper have delivery dates for 2024 and 2025 and will therefore be reviewed and updated in subsequent programmes of activity post 2024 with my Department leading a dynamic approach to the White Paper’s implementation having regard to national and international developments as they unfold over the lifetime of the White Paper.
InterTradeIreland
Questions (28)
Rose Conway-Walsh
Question:28. Deputy Rose Conway-Walsh asked the Minister for Enterprise, Trade and Employment the funding provided to InterTradeIreland in each year for which data are available, in tabular form; and if he will make a statement on the matter. [63605/22]
View answerWritten answers
The table below details the funding provided to InterTradeIreland by my Department in each of the years following its establishment.
|
Year |
Allocation(€,000) |
|
2000 |
7,222 |
|
2001 |
9,736 |
|
2002 |
10,747 |
|
2003 |
8,705 |
|
2004 |
13,035 |
|
2005 |
8,932 |
|
2006 |
9,325 |
|
2007 |
11,892 |
|
2008 |
10,682 |
|
2009 |
8,499 |
|
2010 |
7,848 |
|
2011 |
8,041 |
|
2012 |
8,009 |
|
2013 |
8,085 |
|
2014 |
7,762 |
|
2015 |
7,454 |
|
2016 |
7,465 |
|
2017 |
7,960 |
|
2018 |
8,125 |
|
2019 |
9,645 |
|
2020 |
10,192 |
|
2021 |
11,036 |
|
2022 |
11,586 |
InterTrade Ireland (ITI) is one of the six North/South Implementation Bodies established under the Good Friday Agreement in 1998. Its statutory functions are set down in the British-Irish Agreement Act, 1999 and it undertakes a wide range of business support programmes to assist business on a cross-border basis. It works to drive competitiveness, jobs and growth by improving connectivity between businesses and vital resource providers through the twin pillars of innovation and trade. It provides a targeted portfolio of programmes to help businesses exploit their competitive advantage in the areas of science, technology, innovation and sales and marketing, all backed by evidence-based economic and business research.
Funding of ITI is jointly provided by the Department of Enterprise, Trade and Employment and its counterpart in Northern Ireland, the Department for the Economy. In line with a recommendation by the North South Ministerial Council, that allocation has been split on a 2:1 basis, with DETE providing two thirds of the funding for the body.
The new trading relationship between Britain and the EU has presented challenges to businesses operating on both sides of the border. It will be seen that the Department has increased its funding to Intertrade Ireland in recent years to enable it to provide a range of targeted supports and services to assist business in meeting these challenges.
Work Permits
Questions (29)
Michael Healy-Rae
Question:29. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment if he will address a matter (details supplied); and if he will make a statement on the matter. [63622/22]
View answerWritten answers
Ireland’s employment permits system 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.
These lists undergo periodic evidence-based reviews guided by relevant research, a public/stakeholder consultation and the views of the Economic Migration Interdepartmental Group and relevant policy Departments, which include the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media who have policy responsibility for the tourism sector.
The role of Spa Therapist 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 removing from the Occupations Lists, or for a quota to be created, the sector may consider preparing a submission providing evidence to support that request and demonstrating that recruitment difficulties are 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.
The Department continues to keep the employment permits system under review in light of changing labour market circumstances.
Social Media
Questions (30)
Robert Troy
Question:30. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment if his Department is currently preparing any legislation to deal with synthetic technology or "deepfake content" on social media; if he agrees that the use of such technology has the potential to be harmful to democracy; if he agrees that Ireland is in a unique position to compel some form of action from relevant companies given Ireland’s position as a European headquarters for many social media outlets; and if he will consider introducing legislation which would ensure that all such content was clearly labelled as synthetic reality. [63964/22]
View answerWritten answers
Legislation is being prepared in my Department to implement the Digital Services Act (EU Regulation 2022/2065) into Irish law. The Digital Services Act obliges providers of online intermediary services that are designated as "very large" (i.e. platforms or search engines with more than 45 million users in the EU) to conduct annual risk assessments. They are then required to put mitigation measures in place with regard to any of the risks identified. Those mitigation measures may include ensuring that an item of information that "appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful" is distinguishable through labelling. They may also include providing an easy to use function for users of the online service so that they can indicate such information too.
The European Commission has the responsibility for enforcing these particular obligations of the Digital Services Act.
The Bill to implement the Digital Services Act in Ireland will come before the Houses of the Oireachtas later this year.
Separately, negotiations are advancing on a new EU Regulation to be known as the Artificial Intelligence Act. It stipulates that the creators of deep fakes (i.e. the users of AI systems that generate or manipulate images, audio or video context so that it appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful) shall disclose that the content has been artificially generated or manipulated. The exception to this rule in where the use is authorised by law to detect, prevent, investigate and prosecute criminal offences or where the content is part of an evidently creative, satirical, artistic or fictional work or programme subject to appropriate safeguards for the rights and freedoms of third parties. The Council adopted a General Approach on this draft Regulation last month and trilogue negotiations with the European Parliament will start once the Parliament has agreed its approach.
The EU Commission has also adopted a Proposal for a Directive on AI Liability, and this is being considered by Member States. The Directive will provide for an individual who has been harmed by an AI system to bring a claim to the national courts thus ensuring that victims of damage caused by AI obtain equivalent protection to victims of damage caused by products in general. It is considered that this will promote the rollout of trustworthy AI and is consistent with the EU AI Act and product safety rules.
The Online Safety and Media Regulation Act 2022 was signed into law last month. This legislation provides for a new regulator, Coimisiún na Meán, and a regulatory framework for online safety. The purpose of this regulatory framework will be to tackle the availability of defined categories of harmful online content on designated online services. This includes content linked to 42 criminal offences, cyberbullying material and material promoting self-harm, suicide or eating disorders. The framework will also give effect to the parts of the EU’s revised Audiovisual Media Services Directive which deal with the regulation of video sharing platform services.
This regulatory framework will be enforced through binding online safety codes applicable to made by Coimisiún na Meán and which will be applicable to designated online services. An Coimisiún will have significant compliance and enforcement powers in this regard, including the power to seek the imposition of financial sanctions of up to €20 million or 10% of turnover.
Coimisiún na Meán will also enforce other EU laws in this area, including the Digital Services Act, referred to above, and aspects of the Regulation on Terrorist Content Online. In particular, Coimisiún na Meán will be designated as the Digital Services Coordinator under the Digital Services Act. In this way, Coimisiún na Meán will enforce robust procedural and risk management obligations for online services, including social media services, for the EU. Overall, the 2022 Act is an important development in online safety generally.
As many of the online service providers that have the greatest reach have their EU headquarters in Ireland, our regulators will play a preeminent role in the oversight and enforcement of digital regulation. The Government is committed to a coherent, robust and well resourced regulatory framework, as set out in Harnessing Digital, the national digital strategy (2022).
When it comes to the conduct of elections, the Electoral Reform Act 2022 provides a role for the Electoral Commission in the regulation of online electoral information and manipulative and inauthentic behaviour.
As these new laws start to take effect, the Government will monitor their impact to see if further or different regulation is needed.
Work Permits
Questions (31)
Mick Barry
Question:31. Deputy Mick Barry asked the Minister for Enterprise, Trade and Employment if his Department will provide the necessary details of the process of the atypical work permit scheme for non-EEA fishers and the recommendation of a public consultation process and stakeholder engagement on pages 3 and 59 of the review document to a person (details supplied) in order that a submission can be made on behalf of the migrant fishers on whose behalf this organisation has advocated and represented; and if he will make a statement on the matter. [1176/23]
View answerWritten answers
The recently published Department of Justice report on the Review of the Atypical Scheme for non-EEA Crew in the Irish Fishing Fleet concluded that the employment of non-EEA crew in the Irish fishing fleet who had been catered for under the Atypical Working Scheme (AWS) since 2015 should be provided for under the Employment Permit scheme. For this key recommendation to be implemented it was noted that employer and employee representative groups should make a submission to remove the occupation of fishers from the Ineligible Occupations List to my Department.
Sector representatives from the fishing industry have been provided with this review form along with guidance in its preparation and inclusion of the necessary data to support their submission. It has also been advised that input from the lead policy Department, in this case the Department of Agriculture, Food and the Marine should also be incorporated to support the change of status of the occupation of fishers to an eligible occupation for an employment permit.
The work of the Group to oversee the move of non-EEA fishermen in the Irish fishing fleet to the employment permits system will be initiated after receipt of this evidence-based submission from the fishing sector.
Work Permits
Questions (32)
Mick Barry
Question:32. Deputy Mick Barry asked the Minister for Enterprise, Trade and Employment if a non-EEA fisher who holds an unexpired atypical work permit scheme contract, who has been continuously employed on a vessel for two years or more and loses his or her employment arising from a decommissioning, is entitled to redundancy pay separate and distinct from the compensation for crew provided for by the terms of the Bord Iascaigh Mhara fishing vessel decommissioning scheme; and if he will make a statement on the matter. [1178/23]
View answerWritten answers
Irish employment rights legislation applies to workers – national and non-national – on board Irish registered ships.
In order to qualify for a statutory redundancy payment, an employee must have 104 weeks' continuous employment, be an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, and be over the age of 16.
An eligible employee is entitled to two weeks' normal weekly remuneration for every year of service, plus a bonus week. The redundancy lump sum calculation is based on the worker’s length of reckonable service and weekly remuneration, which is subject to a ceiling of €600 per week.
By law, it is the employer’s responsibility to pay statutory redundancy to eligible employees. Where an employer is genuinely unable to pay statutory redundancy due to financial difficulties or insolvency, the State provides a safety net and may make the payments on the employer’s behalf from the Social Insurance Fund. An application can be made to the Redundancy Payments Scheme which is administered by the Department of Social Protection.
The Brexit Voluntary Permanent Cessation Scheme is a matter for the Department of Agriculture, Food and the Marine.