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Wednesday, 18 Jan 2023

Written Answers Nos. 33-55

International Bodies

Questions (33)

David Stanton

Question:

33. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment his plans, if any, for Ireland to become more involved in the Digital Nations international forum of leading digital governments; and if he will make a statement on the matter. [1226/23]

View answer

Written answers

Ireland’s ambition, as stated in our National Digital Strategy - Harnessing Digital: the Digital Ireland Framework, is to continue to be a digital leader at the heart of European and global digital developments. We are coming from a strong overall position, currently ranked the 5th most advanced digital economy in the EU according to the 2022 Digital Economy and Society Index. We are a global digital hub, enjoy the presence of many of the leading technology companies, and play an important role in digital regulation across Europe.

Ireland is actively engaged in a number of international forums related to digital issues including the informal European Digital group known as the D9+ and its corresponding B9+ group of business representatives, and the Global Partnership on Artificial Intelligence (GPAI).

In addition, Ireland is an active participant on digital matters in organisations including the EU, UNESCO, the OECD and the Council of Europe. My Department sent a delegation to the recent OECD Digital Economy Ministerial Meeting and the D9+ meetings which were held in December 2022. 

The activities and working groups that has been convened as part of the Digital Nations International Forum are very much aligned with the ongoing work that Ireland is engaged in as part of other informal and formal groupings, where membership is very similar to the Digital Nations International Forum. Ireland has no immediate plans for more direct involvement with the Digital Nations International Forum or to join the group but will continue to assess the situation and opportunities for involvement. 

Departmental Schemes

Questions (34)

Brendan Griffin

Question:

34. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 33 of 8 September 2022, the progress that has been made on the review of the eligibility for the insolvency payment scheme to date; the anticipated timeframe in finding a solution to this long-running saga; and if he will make a statement on the matter. [1273/23]

View answer

Written answers

The insolvency payments scheme operates under the Protection of Employees (Employers' Insolvency) Act 1984 which transposed EU Directive 80/987, since superseded by Directive 2008/94.

The Department is working on developing an agreed and workable solution which will fully transpose Article 2(1)(b) of the Directive, in collaboration with relevant Departments and agencies. Once a solution is agreed, it will be implemented through the Protection of Employees (Employers’ Insolvency) (Amendment) Bill. It will comprehensively review and update the legislation governing the protection of employees during their employer’s insolvency.

The necessary policy work is ongoing with other relevant Government departments and agencies. This draft new law is expected to be published in 2023.

Ministerial Responsibilities

Questions (35)

Seán Sherlock

Question:

35. Deputy Sean Sherlock asked the Minister for Enterprise, Trade and Employment the specific delegated functions that have been transferred to Ministers of State appointed in December 2022, in tabular form; and the date of transfer. [1467/23]

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Written answers

I can confirm that my Department is currently making arrangements for the statutory delegation of functions to the Ministers of State, and once finalised, the details will be made available on my Department’s website.

Departmental Expenditure

Questions (36)

Carol Nolan

Question:

36. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment the name of the company, organisation or persons contracted to provide media training to him from 1 January 2021 to date; the costs incurred; and if he will make a statement on the matter. [1504/23]

View answer

Written answers

My Department has not contracted any company or organisation to provide media training to me or my predecessor during the period in question.

Legislative Programme

Questions (37)

Martin Browne

Question:

37. Deputy Martin Browne asked the Minister for Enterprise, Trade and Employment his views on the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021, which was last debated in Dáil Éireann in June 2021; and if he plans to progress this Bill in the lifetime of the Government. [1537/23]

View answer

Written answers

At the Second Stage debate on the Bill, the Minister of State for Business, Employment and Retail, Damien English TD, outlined this Department's concerns in relation to the proposed Bill.

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. 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 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.

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 for a period of 6-months post-retirement in such a case.

The Bill is awaiting the sponsoring Deputies to progress the Bill to Committee Stage.

International Agreements

Questions (38)

Mary Lou McDonald

Question:

38. Deputy Mary Lou McDonald asked the Minister for Enterprise, Trade and Employment when Ireland will ratify International Labour Organization Convention No. 190. [1576/23]

View answer

Written answers

Ireland completed the formal ratification process of the International Labour Organization (ILO) Convention C190 on Violence and Harassment on 12th January 2023, with the deposit of the ratification instrument with the ILO in Geneva.

Violence and harassment in the workplace are unacceptable and undermine the principles of human rights. Ireland's ratification of the International Labour Organization Convention (ILO) No. 190 on Violence and Harassment sends a clear signal to workers and employers that every workplace must be free from harassment and violence.

Employment Rights

Questions (39)

Paul Murphy

Question:

39. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the case of an employer (details supplied) who has not paid employees since the October 2022 payroll; if he will intervene to ensure that these workers receive their payment urgently; if he will enact a policy to protect the rights of workers in cases in which wages are delayed by an employer in such circumstances; and if he will make a statement on the matter. [1626/23]

View answer

Written 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.

It is unclear from the question whether the company is insolvent or has gone into liquidation or not, however, either way the employees are entitled to pursue a claim for non-payment of wages either from the employer or the Liquidator as the case may be.

Enterprise Support Services

Questions (40)

Neale Richmond

Question:

40. Deputy Neale Richmond asked the Minister for Enterprise, Trade and Employment the breakdown of Enterprise Ireland-supported jobs over the past five years, per county, in tabular form; and if he will make a statement on the matter. [1692/23]

View answer

Written answers

I understand that officials from my Department will liaise directly with the Minister of State on this matter.

Employment Rights

Questions (41)

Cian O'Callaghan

Question:

41. Deputy Cian O'Callaghan asked the Minister for Enterprise, Trade and Employment the action he will take to ensure the employment regulation order negotiated between an organisation (details supplied) and the employee unions can be implemented; and if he will make a statement on the matter. [1714/23]

View answer

Written answers

On 3 August 2022, the Minister of State for Business, Employment and Retail signalled his intention to issue an Order to give effect to a statutory recommendation of the Labour Court concerning minimum rates of remuneration and other terms and conditions in the Security Sector. The Order was to apply from 29 August 2022.

On 24 August 2022, the Department of Enterprise, Trade and Employment was informed that the High Court had granted an Injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order for the Security Industry.

As a result of the Injunction, the Minister cannot at this moment in time proceed with the Order. The Minister has notified the applicants that he intends to defend the case. The matter is before the courts.

Business Supports

Questions (42)

Louise O'Reilly

Question:

42. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the amount of funding allocated to local authority supports schemes by his Department, including the restart grant, the restart grant plus, and the small business assistance scheme for Covid-19 in the years 2021 and 2022, in tabular form; and if he will make a statement on the matter. [1730/23]

View answer

Written answers

During the Covid 19 pandemic, the Government introduced necessary COVID pandemic restrictions to protect our community. The Government was not found wanting during this period of time and recognised the difficulties businesses were having and subsequently introduced Government business support schemes.

The Restart Grant Scheme and the successor Restart Grant Plus Scheme launched in May 2020 and closed for applications on 31st October 2020. The 31 Local Authorities who operated the scheme received a total of 123,185 applications, of which 108,489 were successful. Overall Scheme cost was €632.4m, allocated to the Scheme in 2020.

SBASC Phase 1 and Phase 2 opened and closed in 2021. The total figure spent of the SBASC scheme through the Local Authorities was €20.97million in 2021. There were 5,500 successful applications.

Scheme

2021

2022

Restart Grant

N/A

N/A

Restart Grant Plus

€297,920

NA

SBASC

€20.97

N/A

In addition to these schemes, the Local Authorities are also granting authorities for the Local Enterprise Office supports to small businesses, which are funded by the Department of Enterprise, Trade and Employment.

Business Supports

Questions (43)

Louise O'Reilly

Question:

43. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the amount of funding allocated to the Strategic Banking Corporation of Ireland supports by his Department, including the Covid-19 working capital scheme, the future growth loan scheme, and the Covid-19 credit guarantee scheme in the years 2021 and 2022, in tabular form; and if he will make a statement on the matter. [1731/23]

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Written answers

The following payments were made in 2021 and 2022 by my Department, the Department of Enterprise, Trade and Employment (DETE) for Strategic Banking Corporation of Ireland (SBCI) SME loan schemes.

Loan Scheme

2021

2022

Brexit Loan Scheme/Covid-19 Working Capital Scheme

0

0

Future Growth Loan Scheme

€30,074,810

€708,813

Brexit Impact Loan Scheme/Covid Loan Scheme

€8,260,000

€8,203,093

Credit Guarantee Scheme/Covid Credit Guarantee Scheme

€2,172,182

€4,698,306

Growth and Sustainability Loan Scheme

0

€55,000,000

These payments were made to the SBCI and the European Investment Bank Group (EIBG) by DETE for delivery of the SME loan schemes. The schemes are also underpinned by funds allocated by the Department of Agriculture, Food and the Marine(DAFM). Also resources of the EIBG have been provided for the SME loan schemes listed other than the Credit Guarantee Schemes. The DETE payments include management fees to the SBCI and where applicable the EIBG to administer the schemes, and a first loss provision to meet the cost of loan defaults to the SBCI and EIBG. If losses on the schemes, other than the Credit Guarantee Schemes, due to defaulting loans are less than modelled, then there may be a return of a potentially significant portion of the allocated funds to the Exchequer.

Brexit Loan Scheme/Covid-19 Working Capital Scheme

The Brexit Loan Scheme (BLS), made up to €337.5m in lending available to eligible businesses exposed to then current or future impacts arising from the UK’s withdrawal from the EU. Loans available under the Brexit Loan Scheme range from €25,000 to €1.5 million and are for terms of up to three years. Loans were offered at favourable terms, including a maximum interest rate of 4% and no security on loans of up to €500,000. The Brexit Loan Scheme closed in October 2021, with the launch of the Brexit Impact Loan Scheme which took account of the subsequent impact of the Covid Pandemic. The final drawdown of lending through the BLS scheme was 292 loans to a total value of €57.5m.

In the early stages of the pandemic, a proportion of the funding available under the Brexit Loan Scheme was made available to COVID-19-impacted businesses through the COVID-19 Working Capital Scheme (‘the CWCS’). Loans under this scheme are similar to those offered under the Brexit Loan Scheme, but to businesses seeking to innovate, change or adapt in response to the pandemic. The Covid-19 Working Capital Scheme closed in July 2021. The final drawdown of lending through this scheme was 948 loans to a total value of €118.5m.

The Future Growth Loan Scheme (FGLS)

The Future Growth Loan Scheme (FGLS) was first launched in June 2019 to provide an option for SMEs and small mid-caps to access appropriate finance for investment purposes. The scheme initially provided for up to €300m in long-term lending, however in July of 2020 it was expanded by €500m to make a total of €800m available through participating financial providers. The scheme is operated by the SBCI and is funded by DETE and the DAFM. All the participating lenders are now closed to new applications under the FGLS indicating that they are of the view that they have received sufficient applications to use their full allocation under the scheme. Final use of allocations to participating finance providers may be impacted by decisions on loan approval and customer decisions to draw or not draw the approved loans. As of 9th January 2023, there have been 3,513 loans progressed to sanction under the scheme, to a total value of €773.9m.

Brexit Impact Loan Scheme/Covid Loan Scheme

In October 2021, the DETE together with the DAFM launched the Brexit Impact Loan Scheme (BILS), to support SME and small mid-cap businesses (including those in the farming and fishing sectors) that have been affected by the UK’s withdrawal from the EU. Loans under this scheme range from €25,000 to €1.5m and are for terms of up to six years. Loans of up to €500,000 are available unsecured. The Brexit Impact Loan Scheme closed to new applications on 31st December 2022. As of 9th January 2023, there have been 2,010 loans progressed to sanction under the scheme, to a total value of €279.5m

To ensure that an appropriate option for access to finance remained in place for COVID-19 impacted SMEs, the Brexit Impact Loan Scheme (BILS) was widened by Government to allow access to COVID-19 impacted SMEs. The implementation of this change resulted in the launch of a new scheme called the Covid-19 Loan Scheme (CLS) on the 4th of July 2022. The Covid-19 Loan Scheme closed to new applications on 31st December 2022. As of 9th January 2023, there have been 291 loans progressed to sanction under the scheme, to a total value of €30.5m.

Credit Guarantee Scheme/Covid Credit Guarantee Scheme

The Covid-19 Credit Guarantee Scheme, which operated in accordance with the European Commission’s Temporary Framework on state aid rules in response to the Covid-19 emergency, was launched in September 2020 and closed to new lending after 30 June 2022 following the expiration of the Temporary framework. 9857 loans with a total value for €708.8m were drawn by businesses under the Covid-19 Credit Guarantee Scheme. Schemes operating under the Credit Guarantee Act are based on contingent liability. There is no cost to the State unless loans remain unpaid for more than 90 days and the finance provider calls on the guarantee for 80% of the outstanding balance. Departmental funds were allocated to this scheme to pay claims to finance providers under the State guarantee in respect of defaulted loans and administration costs incurred by the SBCI in operating the scheme and other costs such as legal advice and legal services.

Growth and Sustainability Loan Scheme

The ‘Growth and Sustainability Loan Scheme’ (GSLS) is a new long-term loan guarantee scheme that is being jointly developed by the DETE and the DAFM in partnership with the SBCI and the EIBG. It is planned that the GSLS will be launched in the market in the first half of 2023.

When implemented, the GSLS will make up to €500 million in longer-term lending available to SMEs, including farmers and fishers and small mid-caps. Up to 70% of lending will be for strategic investments with a view to increasing productivity and competitiveness and thus underpinning future business sustainability and growth. The GSLS will also target a minimum of 30% of the lending volume towards environmental sustainability purposes.

Business Supports

Questions (44)

Louise O'Reilly

Question:

44. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the amount of funding allocated to Enterprise Ireland supports, including the ready for customs grant, the online customs insights course and the Brexit advisory clinics, in the years 2021 and 2022, in tabular form; and if he will make a statement on the matter. [1732/23]

View answer

Written answers

While our trading relationship with the UK has now changed and is presenting new challenges, nevertheless the UK still remains an important market for our exporters. Enterprise Ireland continues to provide assistance to enterprises under initiatives supported by the Brexit Adjustment Reserve to help companies deal with some of the additional costs and to maintain and enhance their competitiveness as they continue to trade with the UK as a Third country.

The expenditure made by Enterprise Ireland under various Brexit related offers in 2021 and 2022 is presented in the table below.

Financial Offer

Payment 2021 €

Payment 2022 €

Be Prepared

€75,603

€5,474

Border Enterprise Development Fund

€3,078,729

€3,346,370

Clear Customs Financial Support Grant

€247,500

Online Customs Insights Course

€10,000

€10,000

Evolve Strategic Planning

€7,475

€20,119

Market Discovery Fund

€2,723,292

€2,286,609

Ready for Customs

€9,202,500

€1,759,066

Brexit Clinics

NIL – part of Enterprise Ireland mentoring activities.

NIL – part of Enterprise Ireland mentoring activities.

Total Paid

€15,345,100

€7,427,637

Departmental Data

Questions (45)

Louise O'Reilly

Question:

45. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the number of firms in the manufacturing sector in Ireland in each of the years 2017 to 2022, in tabular form; the percentage of Irish-owned companies representing this cohort; and if he will make a statement on the matter. [1733/23]

View answer

Written answers

My Department has responsibility for collating and publishing official statistics on clients of the enterprise development agencies, namely, Enterprise Ireland, IDA and Údarás na Gaeltachta. The CSO is responsible for collating official statistics on all firms in Ireland. Table 1 below shows the number of firms in the Manufacturing sectors (NACE C) in Ireland for the years 2017-2020. Data for 2021 and 2022 is not yet available.

Table 1: Number of Manufacturing Firms in Ireland, 2017-2020

2017

2018

2019

2020

Manufacturing (C)

16,701

16,542

16,461

16,894

Source: CSO, Business Demography Statistics

The CSO does not provide a breakdown of this data by ownership, i.e. Irish/Foreign owned. However, we do have this information for clients of the enterprise agencies (IDA Ireland, Enterprise Ireland, and Údarás na Gaeltachta). Table 2 below shows the number of enterprise agency clients in the manufacturing sectors by ownership. Data for 2022 is not yet available.

Table 2: Number of Manufacturing Firms, Enterprise Agency Clients, 2017-2021

2017

2018

2019

2020

2021

Foreign Owned

546

549

547

546

538

Irish Owned

2,633

2,535

2,508

2,373

2,354

Grand Total

3,179

3,084

3,055

2,919

2,892

Percentage Irish Owned

82.8%

82.2%

82.1%

81.3%

81.4%

Source: DETE, Annual Employment Survey.

Job Creation

Questions (46)

Louise O'Reilly

Question:

46. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the number of jobs created in the manufacturing sector in each of the years 2018 to 2022, in tabular form; and if he will make a statement on the matter. [1734/23]

View answer

Written answers

My Department has responsibility for collating and publishing official statistics on clients of the enterprise development agencies, namely, Enterprise Ireland, IDA and Údarás na Gaeltachta. This includes employment data. The CSO is responsible for collating official statistics on all firms (and employment) in Ireland. Table 1 below shows the number employed in Manufacturing sectors (NACE C) in Ireland for the years 2018-2022.

Table 1: Employment in Manufacturing, 2018-2022

-

2018 Q3

2019 Q3

2020 Q3

2021 Q3

2022 Q3

'000

'000

'000

'000

'000

Manufacturing NACE C

254.1

261.1

263.8

276.1

291.3

Source: CSO, Labour Force Survey

Employment in manufacturing increased from 254,100 in Q3 2018 to 291,300 in Q3 2022, an increase of 14.6% over the four year period.

Departmental Funding

Questions (47)

Cian O'Callaghan

Question:

47. Deputy Cian O'Callaghan asked the Minister for Enterprise, Trade and Employment if there are plans to establish a property technology investment fund to support organisations that aim to find technology-based solutions to the housing crisis; and if he will make a statement on the matter. [1779/23]

View answer

Written answers

As part of the whole of Government Housing for All plan, my Department is working to promote construction sector innovation and productivity, including through the adoption of Modern Methods of Construction (an umbrella term used to capture a range of innovative construction processes and technologies such as panelised housing or 3D volumetric/modular buildings), to help in the faster delivery of high-quality, compliant, environmentally sustainable, and more-affordable housing.

Last year, my Department together with Enterprise Ireland launched Construct Innovate, a construction specific and industry-led research and development Technology Centre. To ensure that it delivers for housing, it will be focused on key industry challenges and innovation in residential construction in its first three years of operation. Construct Innovate has initial funding of €5m over 5 years, and through the Housing for All Implementation Fund, my Department has secured an additional €0.5m in funding for the Technology Centre for 2023.

My Department has established an inter-Departmental and inter-Agency Modern Methods of Construction Leadership and Integration Group to ensure an integrated approach across a range of existing and emerging MMC relevant initiatives to maximise synergies and ensure rapid transfer of knowledge and skills to the construction sector. These initiatives include the Construct Innovate Technology Centre; the planned MMC Demonstration Park (led by SOLAS/Laois-Offaly ETB); the Build Digital project (sponsored by DPER); and Enterprise Ireland’s Built to Innovate initiative, which provides lean and digital grants and funding for research and innovation projects in the domestic residential construction sector.

Also to note, the Government established the Disruptive Technologies Innovation Fund (DTIF) in 2018 as one of four National Development Plan 2018-2027 Funds under Project Ireland 2040, aimed at encouraging collaboration and innovation in the development and deployment of disruptive technologies, which is open to all sectors of the economy, including construction.

Industrial Development

Questions (48)

Brian Stanley

Question:

48. Deputy Brian Stanley asked the Minister for Enterprise, Trade and Employment the number of IDA visits with potential employers to each county in the years 2021 and 2022. [1792/23]

View answer

Written answers

The primary responsibility of the IDA is to attract Foreign Direct Investment (FDI) into Ireland and to retain, transform and expand the existing base of FDI companies that have already invested and located here. When it comes to foreign direct investment, site visits represent a valuable tool through which investors can be encouraged to invest in regional areas. However, site visit activity does not necessarily reflect investment potential, as a significant percentage of all new FDI comes from existing IDA client companies.

In response to Covid, IDA migrated many of its business development and client engagement activities to digital platforms during 2020. Since the ending of public health restrictions, in person site visits have resumed.

The figures below includes both in person and E-Site visits per county. I understand from IDA that Q4 figures for 2022 will be available in February.

County

Site Visits to end Q4 2021

Site Visits to end Q3 2022

Carlow

4

2

Cavan

3

1

Clare

20

16

Cork

44

35

Donegal

7

7

Dublin

153

164

Galway

31

31

Kerry

1

12

Kildare

7

5

Kilkenny

6

2

Laois

3

2

Leitrim

1

2

Limerick

37

36

Longford

0

5

Louth

10

14

Mayo

2

1

Meath

0

1

Monaghan

2

3

Offaly

4

4

Roscommon

1

3

Sligo

6

10

Tipperary

12

8

Waterford

8

10

Westmeath

20

20

Wexford

1

5

Wicklow

1

1

Trade Missions

Questions (49)

Alan Kelly

Question:

49. Deputy Alan Kelly asked the Minister for Enterprise, Trade and Employment if Enterprise Ireland plans to have a trade mission to Germany before the end of quarter 1 of 2023. [1807/23]

View answer

Written answers

Each year, Enterprise Ireland and IDA Ireland prepare a programme of trade missions and events which support the goal of securing high-level market access for companies based in Ireland who are aiming to grow business overseas and increase domestic employment, and showcasing opportunities for foreign direct investment in support of high-quality jobs and regional development throughout Ireland.

In recent years the majority of Ministerial-led trade missions have taken place to the Eurozone, North America and Asia Pacific, which represent the strongest growth opportunities for Irish companies. These missions have focused on promoting the innovative capabilities and competitive offerings of Irish companies to international buyers in a range of sectors including internationally traded services, fintech, high-tech construction, engineering, ICT and life sciences.

My Department is currently working closely with Enterprise Ireland and IDA Ireland with a view to developing a Ministerial-led trade mission programme for 2023. Consideration of the programme is still ongoing, and no final decisions have been made.  However, there are currently no plans to have a trade mission to Germany before the end of the first quarter of 2023. In the meantime, my Department will continue to work closely with its agencies to identify opportunities to help Irish companies access new markets and increase the levels of foreign direct investment into Ireland.

Employment Rights

Questions (50)

Niall Collins

Question:

50. Deputy Niall Collins asked the Minister for Enterprise, Trade and Employment if an employee and worker who is paid on a commission basis is entitled under Irish employment legislation to holiday pay based on the commission earned; and if he will make a statement on the matter. [1929/23]

View answer

Written answers

The Organisation of Working Time Act 1997 sets out the key parameters around the taking of annual leave and payment of same. The terms and conditions of individual employment contracts may provide additional specifics within those parameters such as stipulations in relation to the entitlement to extra days' leave above what is statutorily required by the Act.

Section 19 of the Act provides that an employee shall be entitled to paid annual leave equal to:

(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) One third of a working week for each month in the leave year in which he or she works at least 117 hours, or

(c) 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 weeks).

Section 20 (2) of the Organisation of Working Time Act provides that The pay in respect of an employee’s annual leave shall—

(a) be paid to the employee in advance of his or her taking the leave,

(b) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and

(c) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee’s remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the employee whilst on annual leave.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website www.workplacerelations.ie.

Departmental Data

Questions (51)

Ged Nash

Question:

51. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he will provide a copy of the briefing documents prepared for the incoming Minister and presented to him by his officials on his appointment in December 2022. [1999/23]

View answer

Written answers

A copy of the Ministerial Brief, provided following my appointment as Minister for Enterprise, Trade and Employment, has been published on my Department's website: www.enterprise.gov.ie. Where there are any redactions, these are in line with the provisions of the Freedom of Information Act 2014.

Trade Data

Questions (52)

Catherine Connolly

Question:

52. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment the value of imports of all goods and services to Ireland from Israel in the past year; the value of all goods and services from illegal Israeli settlements in occupied Palestinian territory included in the above figure; the value of goods and services exported from Ireland to Israel in the same year; if the IDA employs, or has under contract, an agent in Israel to increase investment in Ireland by Israeli enterprises; and if he will make a statement on the matter. [2025/23]

View answer

Written answers

The Central Statistics Office compiles statistical data on Goods Exports and Imports. According to the CSO, the value of goods imports from Israel in 2021 was €2,439 million. In the period January-November 2022 the value of goods imports from Israel was €4,622 million. The value of goods imports from Occupied Palestinian Territory in 2021 was €117,000. In the period January-November 2022 the value of goods imports from Occupied Palestinian Territory was €189,000.

The value of goods exports to Israel in 2021 was €821 million. In the period January-November 2022, the value of goods exports to Israel was €989 million. The value of goods exports to Occupied Palestinian Territory in 2021 was €1.53 million. In the period January-November 2022 the value of goods exports to Occupied Palestinian Territory was €2.3 million. Services imports from Israel totalled €1,415 million in 2021 (the latest year for which this data is available) and 88% of these imports were Business services. Services exports to Israel totalled €4,352 million in 2021 and 95% of these were computer services. The CSO does not have data for services imports from and services exports to Occupied Palestinian Territory for 2021 or January to November 2022.

IDA Ireland issued a request for tender for a part-time Israel based Business Development Consultant in April 2021 and the appointment process was concluded in January 2022. This person represents IDA to support its efforts to win new investment. IDA Ireland regularly engages Pathfinders/Consultants globally and this is a model used across many geographies. The current consultant will finish the assignment at end January 2023 and a new tender process will commence in 2023. A Business Development Consultant identifies target companies with potential for investing in Ireland, engages with senior decision-makers in these companies and presents Ireland’s value proposition as an investment location.

I am advised that IDA Ireland will not target any Israeli company included on the database of enterprises involved in certain activities relating to settlements in the Occupied Palestinian Territory as published by the UN in February 2020.

Ireland’s position on the illegality of Israeli settlements in Occupied Palestinian Territory informs our engagement with the State of Israel across a range of bilateral issues, including trade, and will continue to do so.

Employment Rights

Questions (53)

Paul McAuliffe

Question:

53. Deputy Paul McAuliffe asked the Minister for Enterprise, Trade and Employment if he will provide an update on the employment regulation order for the security industry. [2189/23]

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Written answers

On 3 August 2022, the Minister of State for Business, Employment and Retail signalled his intention to issue an Order to give effect to a statutory recommendation of the Labour Court concerning minimum rates of remuneration and other terms and conditions in the Security Sector. The Order was to apply from 29 August 2022.

On 24 August 2022, the Department of Enterprise, Trade and Employment was informed that the High Court had granted an Injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order for the Security Industry.

As a result of the Injunction, the Minister cannot at this moment in time proceed with the Order. The Minister has notified the applicants that he intends to defend the case. The matter is before the courts.

Work Permits

Questions (54)

Holly Cairns

Question:

54. Deputy Holly Cairns asked the Minister for Enterprise, Trade and Employment if he will add fishers to the critical skills occupations list to enable them to be eligible for employment under the critical skills permit system, reflecting skills and worker shortages in this vital area. [2268/23]

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Written answers

Ireland’s employment permits system 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 but this objective must be balanced by the need to ensure that there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.

The system is managed through the operation of the Critical Skills and Ineligible Occupations Lists which determine employments that are either highly skilled and sought after or those of a more general skill level that are ineligible for an employment permit where sufficient availability of those skills should be in the domestic and EEA labour market.

In order to ensure the employment permits system is aligned with current labour market intelligence, these lists undergo regular, evidence-based review guided by relevant research, a public/stakeholder consultation, the views of the Economic Migration Interdepartmental Group and relevant policy Departments, in this case the Department of Agriculture, Food and the Marine.

The Critical Skills Employment Permit is available for highly skilled professional occupations included on the Critical Skills Occupations List in sectors such as IT, Finance, and highly skilled medical roles. The criteria attached to this permit type includes a minimum two-year contract of employment and a minimum annual remuneration of €32,000 where the occupation is on the Critical Skills Occupations List and the foreign national has a relevant degree; and €64,000 where the occupation is not on the ineligible list and the foreign national has the necessary experience (no requirement for a degree).

The General Employment Permit (GEP), on the other hand, covers a broader range of occupations than the other classes of employment permit and may be obtained in respect of contracts of employment of less than two-years. The minimum annual remuneration threshold for the GEP is typically €30,000. This permit is also subject to a Labour Market Needs Test (LMNT) demonstrating that the employer was unable to fill the position from the Irish and EEA labour market.

The occupation of Sea Fisher is currently on the Ineligible Occupations List and, as such, is not eligible for an employment permit. 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 representative groups should make a submission to remove the occupation of fishers from the Ineligible Occupations List to my Department. 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 the evidence-based submission.

Energy Policy

Questions (55)

Jennifer Whitmore

Question:

55. Deputy Jennifer Whitmore asked the Minister for the Environment, Climate and Communications the status of the new scheme for the installation of photovoltaic panels for households that have a high reliance on electricity for medical reasons; the reason for the delay of this programme; and if he will make a statement on the matter. [63176/22]

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Written answers

The National Energy Security Framework (NESF), sets out Ireland's response to the challenges of ensuring the ongoing and long-term security of affordable energy supply in the context of the war in Ukraine. It coordinates work connected to energy security across the electricity, gas and oil sectors and sets out a ‘Whole-of Government’ response to the challenges posed to energy security and energy affordability. 

Under Response 8 of the NESF,  the Sustainable Energy Authority of Ireland (SEAI) is charged with the introduction of a targeted scheme for the installation of solar PV panels for vulnerable customers/households, who are critically dependent on electrically powered equipment. This includes, but is not limited to, life protecting devices, assistive technologies to support independent living and medical equipment.

SEAI has indicated that it is currently finalising the scheme following consultation with key stakeholders including the Commission for the Regulation of Utilities (CRU), ESB Networks (ESBN) and electricity suppliers and publication of the final details will follow this process. 

The SEAI has established a specific email address for queries from Oireachtas members, oireachtas@seai.ie, so that such queries can be addressed promptly, in line with SEAI’s objective to deliver services to the highest standards.

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