Thomas Gould
Question:147. Deputy Thomas Gould asked the Minister for Enterprise, Trade and Employment if support is available to businesses to retain seasonal staff during their off-peak seasons. [13316/23]
View answerBusiness Supports
Questions (147)
Written answers
The matter of supports for the retention of seasonal staff comes under the remit of the Department of Social Protection.
The supports available to such businesses come in the form of supports for employees.
Short-Time Work Support is available to assist employees in cases where their working days are reduced by their employer on a temporary basis. This provision is available under Jobseeker’s Benefit and is non-taxable. To qualify for Short -Time Work Support a person must meet all of the qualifying conditions for Jobseeker's Benefit including the PRSI contribution conditions. Short-Time work means the number of days systematically worked in a working week is less than the number of days which is normal in a working week in the employment concerned. There must be a clear repetitive pattern of work each week. The days worked each week do not have to be the exact same days, but the work pattern must remain consistent. If systematic pattern of working arrangements no longer apply to a person, such cases are re-classified as either a part-time or casual worker. The Department of Social Protection administers a statutory Redundancy Payment Scheme which is a payment from the Social Insurance Fund to an employee where an employer is unable to make a statutory redundancy payment. If an employer is unable to pay an employee’s statutory redundancy payment, an application can be submitted by the employer on behalf of the employee to the department for payment to be made through the Redundancy Payment Scheme.
Work Permits
Questions (148)
Michael Creed
Question:148. Deputy Michael Creed asked the Minister for Enterprise, Trade and Employment if he will reconsider a work permit application for a person (details supplied); if he will reconsider this given the evidence confirming their application for a visa renewal was submitted well prior to their visa expiry and they only received an appointment for such a renewal for a date after their visa had expired. [13410/23]
View answerWritten answers
The Employment Permits Section of my Department informs me that, on 27th February 2023, a General Employment Permit application for the person concerned (in the details supplied) was formally accepted.
On 9th March 2023 the General Employment Permit application was refused. The application was refused for the following reasons: the foreign national was residing in the State without current immigration permission from the Minister for Justice; the position on offer is listed on the Ineligible List of Occupations for Employment Permits, positions in respect of which an employment permit shall not be granted; the contract of employment submitted with the application was also not signed by the employer.
Details of the Ineligible List of Occupations for Employment Permits are available on the Department's website and can be accessed through this link: Ineligible List of Occupations - DETE (enterprise.gov.ie).
If an application is refused, an applicant may request a review of the refusal decision within 28 days of issue of the refusal reasons on the prescribed review form available on the Department's website. In this case however, as the occupation concerned is ineligible for an employment permit an appeal would not be successful.
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.
Information is provided on the Department’s website in relation to employment permits including information on each permit type, checklist document for a General Employment Permit and an FAQ document which answers the majority of the most common questions, all of which are available through this link:- Employment Permits - DETE (enterprise.gov.ie).
Employment Rights
Questions (149)
Niall Collins
Question:149. Deputy Niall Collins asked the Minister for Enterprise, Trade and Employment if advice will be provided to a person (details supplied) in relation to their entitlements under sick pay; and if he will make a statement on the matter. [13414/23]
View answerWritten answers
The Sick Leave Act 2022 came into effect on 1st of January 2023 providing up to 3 days of employer-paid sick leave in a year, paid at 70% of gross salary up to a cap of €110 per day.
I cannot provide legal advice in relation to a specific case, but I would draw your attention to section 9(1) and (2) of the Act, which state :
1. The obligations under this Act shall not apply to an employer who provides his or her employees a sick leave scheme where the terms of the scheme confer, over the course of a reference period set out in the scheme, benefits that are, as a whole, more favourable to the employee than statutory sick leave.
2. In determining, for the purposes of subsection (1), whether a sick leave scheme confers benefits that are, as a whole, more favourable than statutory sick leave, the following matters shall be taken into consideration:
(a) the period of service of an employee that is required before sick leave is payable;(b) the number of days that an employee is absent before sick leave is payable;(c) the period for which sick leave is payable;(d) the amount of sick leave that is payable;(e) the reference period of the sick leave scheme.
If an employee has believes that their employer has not complied with their obligations under the Act, the employee can refer the matter to the Workplace Relations Commission where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court.
Human Trafficking
Questions (150)
Patrick Costello
Question:150. Deputy Patrick Costello asked the Minister for Enterprise, Trade and Employment the Workplace Relations Commission inspection staff that have training in relation to human trafficking awareness or human trafficking indicators; to what level this training is provided; if this training is provided on an ongoing basis; and if he will make a statement on the matter. [13436/23]
View answerWritten answers
Inspection and Enforcement Services within the Workplace Relations Commission (WRC) undertake inspection of employment records to ensure employers’ compliance with employment law in the State. The objective is to verify employer compliance with the relevant employment law and if necessary, to enforce compliance with the law.
While the WRC has no statutory functions or responsibilities in relation to human trafficking it is a partner in the State’s response to Trafficking in Human Beings (THB). As opportunities to detect indicators of THB may arise as part of its workplace inspection role, WRC inspectors have received training on a number of occasions in the identification of indicators of human trafficking (most recently in 2022 and additional training will be provided on an ongoing basis as required). However, where this arises, the WRC Inspection and Enforcement Services will refer the matter to An Garda Siochána as potential human trafficking cases.
Industrial Disputes
Questions (151)
Paul Murphy
Question:151. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment if he will examine the legislation in relation to the non-payment of salaries by a company (details supplied); if the legislation will be updated to ensure further protections for employees in cases in which an employer has not provided wages due, given that the process in the WRC can be lengthy and staff who are owed wages should not have to wait; if he will make legislative changes to accelerate this process to reduce the wait time for staff; and if he will make a statement on the matter. [13581/23]
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, which establishes a range of rights for all employees in relation to payment of wages.
If an employee believes that their employer has made an unlawful deduction from their pay, they may refer a complaint to the Workplace Relations Commission (WRC). 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.
I must emphasise that the WRC is independent in the exercise of its quasi-judicial function. I have no direct involvement in its day-to-day operations, including the timeline for hearing complaints. I therefore do not intend to amend the legislation to prescribe a timeframe for hearing cases taken under the Payment of Wages Act.
More generally, I am informed that there are a range of factors that impact on the WRC’s scheduling timeframe. These include party or representative availability, postponement requests from parties and appellate body scheduling.
However, I understand that the WRC endeavours to minimise delay to the parties and continues to schedule hearings unless a postponement is granted in advance. In addition, I am informed by the WRC that if there is a request from both parties for an urgent hearing, the WRC can and do prioritise these cases for hearing.
National Standards Authority of Ireland
Questions (152)
Michael Healy-Rae
Question:152. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment when an agreement certification number will be provided to a person (details supplied); and if he will make a statement on the matter. [13663/23]
View answerWritten answers
I understand the matter raised relates to an application by the person concerned for certification under the Agrément scheme operated by the National Standards Authority of Ireland (NSAI). Agrément certification is a process for certifying innovative construction products where no standard exists. As such, it is a voluntary certification that provides manufacturers with a method of showing that the product is a 'proper material' thereby complying with Irish building regulations.
I have made enquiries with the NSAI who have explained to me that the applicant proposes to make window sills for use in conjunction with external insulation systems in the retrofit of homes to improve thermal performance. NSAI have explained to the applicant that substitution of components into a system must have the approval and backing of the system manufacturer, otherwise it will render the warranty void. The applicant has advised NSAI that he has not entered into any discussions with system manufacturers for the inclusion of his sill with their system. NSAI understands that he is currently in the process of seeking system manufacturer approval.
NSAI further advises that the applicant may contact Séan Balfe (email sean.balfe@nsai.ie ) in relation to any queries about his application.
Job Losses
Questions (153)
Catherine Murphy
Question:153. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 56 of 16 November 2022, if he has been contacted or engaged by a company (details supplied) in respect of job losses at the company; if so, the nature of those discussions; and if he is satisfied that the company has complied with communication protocols in respect of redundancies; if the IDA have engaged with him in respect of clawback any supports provided to the companies. [13792/23]
View answerWritten answers
Earlier this year, I travelled to the US West Coast for a series of high-level meetings with a range of existing IDA Ireland client companies, including the company referred to. This meeting involved high-level discussions on the technology sector and Ireland’s FDI value proposition. My Department received a notification of proposed collective redundancies from the referenced company on 15 March 2023. The notification confirms that the company will shortly commence the collective redundancy consultation process required under the Act with the representatives of employees whose roles are at risk of redundancy.
Officials in my Department and IDA Ireland were in contact with the company’s officials on Wednesday 15 March and IDA officials are in continued contact with the company on proposed redundancies in Ireland. As the company has received no financial assistance from IDA Ireland, the issue of a clawback does not arise.
Section 12 of the Protection of Employment Act 1977 provides that an employer proposing collective redundancies must notify the Minister for Enterprise, Trade and Employment.
Information on collective redundancy notifications does not reflect the total number of actual redundancies that take place across the workforce. Collective redundancies arise where, during any period of 30 consecutive days, the number of employees proposed to be made redundant are at least:
- 5 employees where 21-49 are employed,
- 10 employees where 50-99 are employed,
- 10% of the employees where 100-299 are employed,
- 30 employees where 300 or more are employed.
Other redundancies outside of these parameters are not required to be notified to the Minister. Also, not all proposed redundancies result in actual redundancies, as employers negotiate with their workforce to restructure the business and find alternative solutions during the 30-day consultation period.
Work Permits
Questions (154)
Richard Boyd Barrett
Question:154. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment whether a person who is in Ireland on a stamp 3 visa but has a qualification that would entitle them to a critical skills permit can apply for a job from Ireland and still qualify for this type of permit; and if he will make a statement on the matter. [13805/23]
View answerWritten answers
The Department does not impose restrictions in regard to job applications. Upon the successful candidacy for a job, and assuming that the role in question meets the eligibility criteria for a Critical Skills Employment Permit (CSEP), an application for a CSEP may be submitted to the Department for consideration.
As an employment permit is not a residence permission, the applicant must interact with the Department of Justice in regard to immigration permissions. In order to be lawfully resident in the State, registration with the Garda National Immigration Bureau is required.
The Department examines a number of criteria when assessing Critical Skills Employment Permit applications including a job offer from a bona-fide employer based and trading in Ireland and who is registered with the Revenue Commissioners and, where applicable, the Companies Registration Office/Register of Friendly Societies. Further information in regard to CSEP eligibility criteria can be found on the Department’s website.
Co-operative Sector
Questions (155)
Holly Cairns
Question:155. Deputy Holly Cairns asked the Minister for Enterprise, Trade and Employment if he will engage with the concerning the Co-operative Societies Bill 2022 (details supplied). [14003/23]
View answerWritten answers
My Department has been engaging with key stakeholders, including the Irish Cooperative Organisation Society, over a considerable period of time and this has continued since the publication of the general scheme in November 2022.
Pre-legislative scrutiny of the general scheme is ongoing by the Joint Committee on Enterprise, Trade and Employment and I expect to receive a report from the Joint Committee in the coming weeks. I will be giving careful consideration to any recommendations contained in that report and expect to have further engagement with stakeholders, including ICOS, in that context.
State Pensions
Questions (156, 181, 203)
Seán Canney
Question:156. Deputy Seán Canney asked the Minister for the Environment, Climate and Communications when he will introduce a pension scheme for An Post workers employed since 1984 when An Post was changed to a semi-State company; and if he will make a statement on the matter. [12737/23]
View answerMichael Healy-Rae
Question:181. Deputy Michael Healy-Rae asked the Minister for the Environment, Climate and Communications if he will examine matters in relation to the An Post pension scheme (details supplied); and if he will make a statement on the matter. [12942/23]
View answer
Mairéad Farrell
Question:203. Deputy Mairéad Farrell asked the Minister for the Environment, Climate and Communications as the Minister with governance oversight responsibility for the Postal and Telecommunications Services Act 1983, if he is satisfied that An Post is complying fully with Section 46 (4) of the said Act pertaining to the guarantee that the civil servants transferred to An Post on its vesting day are entitled to "not less favourable" conditions in their pensions than those to which they were entitled prior to being transferred; if he is satisfied that these ex-civil servants are being treated correctly in accordance with the Act and in the same way as if their pensions were paid out of monies voted by the Houses of the Oireachtas; and if he will make a statement on the matter. [13453/23]
View answerWritten answers
I propose to take Questions Nos. 156, 181 and 203 together.
181 and 153, 203 together.
Under section 46 of the Postal and Telecommunications Services Act 1983, the Minister for the Environment, Climate and Communications, with the concurrence of the Minister for Public Expenditure, NDP Delivery and Reform, approves any superannuation schemes submitted by An Post. The operation of the schemes is a matter between the management of An Post, staff representatives and the trustees of the schemes. I have asked An Post to correspond directly with the Deputy on this matter.
Data Centres
Questions (157)
Eoin Ó Broin
Question:157. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications how he first became aware that growth in 'Islanded' data centres could result in security of supply risk being transferred from electricity to gas supply; the person or body that made him aware and when. [12247/23]
View answerWritten answers
My Department engaged with the Department of Enterprise, Trade and Employment on the publication of the Government Statement on the Role of Data Centres in Ireland's Enterprise Strategy. This was published on the 27 July 2022.
The purpose of this Government Statement is to set out national principles to inform and guide future data centre development. The Decarbonisation section of the Government Statement addressed 'islanded data centres' and highlights their impact on Ireland's carbon budgets and sectoral emissions ceilings, as well as Ireland's energy security.
According to the Strategy Document: "Islanded’ data centre developments, that are not connected to the electricity grid and are powered mainly by on-site fossil fuel generation, would not be in line with national policy. These would run counter to emissions reduction objectives and would not serve the wider efficiency and decarbonisation of our energy system. Growth in ‘Islanded’ data centres could result in security of supply risk being transferred from electricity to gas supply, which would be a significant challenge given Ireland’s reliance on gas importation."
Official Engagements
Questions (158)
Eoin Ó Broin
Question:158. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications when he plans to publish his ministerial diary for the period since February 2022; and if he will undertake to publish them monthly going forward. [12248/23]
View answerWritten answers
My diary is published annually on Gov.ie and my 2022 diary will be published shortly.
Environmental Schemes
Questions (159)
Eoin Ó Broin
Question:159. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications when the SEAI will have final figures for the number of and amount of funding for heating systems upgrades installed, broken down by heat source, including from fossil fuel such as oil and gas, and electric heat pump and so on for the warmer homes scheme and warmth and wellbeing scheme in 2022, in tabular form. [12250/23]
View answerWritten answers
The Better Energy Warmer Homes Scheme delivers free energy upgrades for eligible homeowners in low-income households who are most at risk of energy poverty. The Warmth and Wellbeing pilot scheme (now closed to new applications) aims to objectively measure and validate the health and wellbeing impacts of improving the living conditions of vulnerable people living in energy poverty with chronic respiratory conditions. Both schemes are administered by the Sustainable Energy Authority of Ireland (SEAI).
Heating systems upgrades are recommended under the schemes in cases where:
- There is no heating system in place, and the home is receiving an attic and/or wall measure,
- Where the existing heating system is obsolete and the home is receiving an attic and/or wall measure,
- Where statutory ‘Major Renovations’ obligations apply: A Major Renovation is triggered when more than 25% of the area of the walls is being externally and/or internally insulated, then the existing heating system must be appraised for replacement. This is legally required under the Building Regulations, Part L 2019.
It should be noted that these are the only schemes administered by SEAI where installation of a new gas or oil heating system can be funded.
In order to move the scheme away from the installation of gas or oil heating systems where these Building Regulations are triggered, and to provide more extensive upgrades with decarbonised heating systems under the scheme, the National Retrofit Plan included a commitment to carry out a pilot to upgrade homes under the scheme to a B2 standard and install heat pumps. This pilot commenced in Q1 2022 and is gathering evidence to inform the appropriate process and approach to increase the number of B2 upgrades and heat pumps installations delivered under this scheme.
The table below sets out the different heating system upgrades provided to homes at risk of energy poverty who were in need of a heating system replacement in 2022:
|
Heating System type |
Warmth and Wellbeing scheme |
Warmer Homes scheme |
Total |
|
Gas Heating System |
107 |
652 |
759 |
|
Oil Heating System |
0 |
471 |
471 |
|
Heat Pump |
4 |
36 |
40 |
|
Grand Total |
111 |
1,159 |
1,270 |
Environmental Schemes
Questions (160)
Thomas Gould
Question:160. Deputy Thomas Gould asked the Minister for the Environment, Climate and Communications whether a person with stone walls can avail of a retrofitting grant. [12253/23]
View answerWritten answers
The Climate Action Plan and the National Retrofit Plan identify the important contribution the retrofit of buildings needs to make in delivering on our national and international climate goals. My Department funds a number of grant schemes to support homeowners to improve the energy efficiency of their properties. These schemes are administered by the Sustainable Energy Authority of Ireland (SEAI).
Grants for protected stone-build structures are available in certain circumstances subject to the scheme eligibility criteria and terms and conditions being met. Detailed information on the grants and eligibility criteria is available at www.seai.ie.
Older stone-build buildings (generally those built up until around the 1940s) usually fall into the category of traditionally built buildings. Such stone-built structures were designed to be vapour permeable. It is important that the materials and techniques used in energy efficiency upgrades of such buildings are suitable for the buildings in question including for use with vapour permeable construction where applicable. For example, a stonewall with lime-based mortar will need a lime-based plaster render to remain vapour permeable. Otherwise vapour becomes trapped leading to problems which can cause harm to the building and its occupants.
SEAI support the insulation of buildings using materials and products which are appropriate and have been determined fit for use in the Irish climate by National Standards Authority of Ireland (NSAI). SEAI has no role in the certification of products used in Ireland but is aware that very old homes which are constructed using stone and lime-based mortar are more complicated to insulate for the reasons outlined above.
To support the proper upgrade of traditional buildings a new technical Guidance Document - "Energy Efficiency in Traditional Buildings" is being developed led by the Department of Housing Local Government and Heritage. My Department and the SEAI are participating in the steering group overseeing the project. The objective is to finalise the guidance having regard to submissions received in the pubic consultation with a view to publishing it this year. Once available this guidance will be an important resource to support contractors in the appropriate energy efficiency upgrade and renovation of older stone-build buildings while ensuring compliance with the appropriate building regulations.
Departmental Funding
Questions (161)
Peadar Tóibín
Question:161. Deputy Peadar Tóibín asked the Minister for the Environment, Climate and Communications the number of times funding was moved across budget lines within his Department in a process known as virement; the name and purpose of the fund the money was taken from; the name and purpose of the fund the money was transferred to; the dates upon which he approved of such transfers, since he took office; if the Department of Public Expenditure was consulted prior to the transfer; and if he will make a statement on the matter. [12267/23]
View answerWritten answers
The information requested by the Deputy in relation to funds vired between subheads in my Department since 27 June 2020 are set out in the attached table. In all cases prior approval (approval in principle) was obtained from the Department of Public Expenditure, NDP Delivery and Reform.
Business Supports
Questions (162)
Michael Lowry
Question:162. Deputy Michael Lowry asked the Minister for the Environment, Climate and Communications if he and his Department will review correspondence from a company (details supplied) in County Tipperary; the supports he intends to introduce to help such business groups; and if he will make a statement on the matter. [12317/23]
View answerWritten answers
The electricity retail market in Ireland operates within a European Union regulatory regime wherein electricity markets are commercial, liberalised, and competitive and prices are no longer regulated. Operating within this overall EU framework, responsibility for the regulation of the electricity and gas markets is solely a matter for the Commission for Regulation of Utilities (CRU), which was assigned responsibility for the regulation of the Irish electricity and gas markets following the enactment of the Electricity Regulation Act (ERA), 1999. Nevertheless, Government recognises the difficulties businesses are facing due to the unprecedented increase in energy costs resulting from the military aggression by Russia in Ukraine. The Temporary Business Energy Support Scheme (TBESS) was introduced to specifically address these challenges and Government have now made amendments to this scheme, to ensure businesses continue to be fully supported during this time. The scheme was designed to support qualifying businesses in respect of energy costs relating to the period from 1 September 2022 to 28 February 2023, subject to monthly caps. However, in order to facilitate the continuation of the scheme, the Minister for Finance has exercised the power contained in Section 100 of Finance Act 2022 to extend the scheme to 30 April 2023. From 1 March, the monthly limit on aid under the scheme is also increased to €15,000 per qualifying business in relation to a trade or profession, subject to an overall cap of €45,000 in cases where a business is carried on from more than one location. Moreover, Government proposes to make a number of further amendments to the scheme. These changes will require State aid approval and subject to receiving that approval will be provided for in the forthcoming Finance Bill. The additional changes are as follows: - The Scheme will be extended, to 31 May 2023 - The threshold for qualification will be reduced from a 50% increase in electricity or gas costs to 30% increase (to apply retrospectively from 1 September 2022) - From 1 March 2023 the level of relief will increase from 40% to 50% of eligible costs Pending implementation of these changes, claims can continue to be made under the current scheme, with full details available on the Revenue website at the following link: Qualifying criteria for eligible businesses Making a claim (revenue.ie)
Energy Prices
Questions (163)
Jim O'Callaghan
Question:163. Deputy Jim O'Callaghan asked the Minister for the Environment, Climate and Communications if he intends to take steps to introduce legislation to provide greater powers to the Commission for the Regulation of Utilities to give greater protections to customers of energy companies and to ensure that price gouging by energy companies is not permitted; and if he will make a statement on the matter. [12334/23]
View answerWritten answers
Responsibility for the regulation of the electricity and gas retail markets was assigned to the Commission for the Regulation of Utilities (CRU) under the 1999 Electricity Regulation Act.
As regards its role in price determination, in line with long standing policy on deregulating price setting, CRU ended its regulation of prices in the retail electricity market in 2011 for electricity and in 2014 for gas, respectively. Given that prices are no longer regulated, they are set by all suppliers as entirely commercial and operational matters by them. Each such company has its own different approach to pricing decisions over time, in accordance with factors such as their overall company strategic direction and developments in their cost base.
As part of its statutory role, the CRU also has consumer protection functions and monitors energy retail markets to ensure that competition continues to develop and for the benefit of the consumer. It also oversees non-price aspects of competition, and has, and continues, to take steps to increase transparency and consumer engagement in retail markets.
As part of its statutory functions, including under SI 630/2011, the CRU carries out various market monitoring and reporting functions in association with its responsibility to ensure that the market operates competitively for the benefit of the consumer. It monitors the level and effectiveness of market opening and the development of competition in the supply of electricity and gas to final customers, including whether the development and operation of competition in the supply of electricity and gas is benefitting final customers. Under the SI, the CRU may take actions that it considers necessary to ensure that final customers benefit from competition in the supply of electricity and gas.
The CRU is accountable to a Committee of the Oireachtas and not to me as Minister. The CRU has a dedicated email address for Oireachtas members to contact them at directly: oireachtas@cru.ie.
Pension Provisions
Questions (164, 167, 186)
Emer Higgins
Question:164. Deputy Emer Higgins asked the Minister for the Environment, Climate and Communications if he will provide an update on the negotiations to increase the Eircom pension; when a decision is expected on this matter; and if he will make a statement on the matter. [12369/23]
View answer
Noel Grealish
Question:167. Deputy Noel Grealish asked the Minister for the Environment, Climate and Communications when he will sign off on the 3% pay increase for Eircom pensioners; and if he will make a statement on the matter. [12681/23]
View answer
Joan Collins
Question:186. Deputy Joan Collins asked the Minister for the Environment, Climate and Communications the reason the 3% increase for retired members (details supplied) has not been cleared at Ministerial level when it has been cleared by the company since July of 2022. [13058/23]
View answerWritten answers
I propose to take Questions Nos. 164, 167 and 186 together.
The Eircom Main Superannuation Scheme (as amended) was established by Statute for the purpose of providing for the pension liabilities of staff transferred from the former Department of Posts and Telegraphs to Telecom Éireann on its establishment on 1st January 1984, the Vesting day. The pre-vesting and post vesting liabilities of the scheme members were paid entirely out of the Main Fund until 1996.
Following extensive discussions with the Department of Finance at the time, formal arrangements for payment of the sums due in respect of pre-vesting service were settled between the company, Fund Trustees and that Department. The arrangements involved, inter alia, the establishment of the Eircom No. 2 Fund in 1999 to provide funding towards pre-vesting liabilities while the Main Fund continued to provide only for the post-vesting day liabilities arising.
The provisions of the eircom Superannuation Scheme stipulates that pension increases to members can be paid subject to authorisation at Ministerial level across three Departments; my Department, the Department of Public Expenditure, National Development Plan Delivery and Reform, and the Department of Finance.
In October 2022, my Department received a request from the trustees for sanction for an increase of 3%, backdated to 1 July 2022. In order to consider the request, a report was requested from NewERA on the pension increase proposal, which was received at the end of February.
My Department received confirmation of concurrence to my approval of the request from the Minister for Public Expenditure, NDP Delivery and Reform and the Minister for Finance on 15 March 2023. The approval for the proposed increase of 3% effective from 1 July 2022 has been communicated to the company.
National Broadband Plan
Questions (165)
David Stanton
Question:165. Deputy David Stanton asked the Minister for the Environment, Climate and Communications further to Parliamentary Question No. 142 of 2 March 2023, when a new build premises (details supplied) is expected to be assessed for connection to the NBI network; and if he will make a statement on the matter. [12571/23]
View answerWritten answers
As advised in Parliamentary Question 142 on 2 March 2023, all new build premises in the State Intervention Area are covered under the National Broadband Plan (NBP) Project Agreement.
NBI advise that the premises referred to in the question has recently been included in their rollout plan. As network build works have commenced in the area, connection works for this premises will be undertaken following completion of the existing rollout works programme.
NBI further advise that the anticipated date for connection for this premises is within the next 3 months. This timeframe is subject to change because in some cases NBI may need to complete a survey and provide additional infrastructure build works prior to connecting a newly built premises.
Capital Expenditure Programme
Questions (166)
Johnny Guirke
Question:166. Deputy Johnny Guirke asked the Minister for the Environment, Climate and Communications if any projects under his remit are on hold due to Capital Funding pressures; if he will indicate the projects, in tabular form; and if he will make a statement on the matter. [12625/23]
View answerWritten answers
There are no projects on hold in my Department due to capital funding pressures.
Question No. 167 answered with Question No. 164.
Energy Policy
Questions (168)
Alan Dillon
Question:168. Deputy Alan Dillon asked the Minister for the Environment, Climate and Communications when he intends to implement a national hydrogen strategy; if he will provide an update on the working of the interdepartmental working group to generate a hydrogen economy, create jobs, grow, and decarbonise the country. [12694/23]
View answerWritten answers
In 2022, my Department launched a public consultation to gather views on the potential role of hydrogen in our energy system. A significant number of responses were received which reflects the momentum building behind green hydrogen in Ireland. Work is now underway on drafting the hydrogen strategy for Ireland, with an anticipated completion timeline of Q2 2023.
The Interdepartmental hydrogen group was established in December 2020. The purpose of the working group is to enable the sharing of information between government departments and expert state owned bodies across a wide variety of topics including technology, research, safety and regulation to support the development of EU and national policy in the space. The work group meets typically on a quarterly basis and ad-hoc as required.
Pension Provisions
Questions (169, 182, 204)
Carol Nolan
Question:169. Deputy Carol Nolan asked the Minister for the Environment, Climate and Communications if An Post has sought his approval for the payment of a 2% increase to its pensioners from 1 January 2023; if he has not received the relevant request, when he expects to receive it; when it is intended to pay the increase which has already been paid to existing employees of the company and is significantly below CPI; and if he will make a statement on the matter. [12726/23]
View answer
Bríd Smith
Question:182. Deputy Bríd Smith asked the Minister for the Environment, Climate and Communications when he expects to approve a proposed increase in the pension entitlements of An Post workers; if the S.I. to give effect to this will be ready soon; and if he will make a statement on the matter. [12951/23]
View answerHolly Cairns
Question:204. Deputy Holly Cairns asked the Minister for the Environment, Climate and Communications the steps he is taking to ensure the implementation of a pensions agreement from a semi-State body, including the back payments recipients are entitled to (details supplied). [13464/23]
View answerWritten answers
I propose to take Questions Nos. 169, 182 and 204 together.
In May 2022, An Post requested an increase of 2% with effect from 1 January 2022. Having sought the necessary advice from NewERA, the relevant Ministerial consents to the payment of an increase of 2% to An Post pensioners with effect from 1 January 2022 were provided to An Post in early September.
On 9 March 2023 An Post wrote to the Department seeking consent to the second phase of their current pay agreement which provides for a 2% increase in pay from 1st January 2023.
In addition to this, on foot of a recent Labour Court decision, An Post also wrote to the Department on 9 March seeking approval to make increases to pensions in payment and deferred pensions of a 5% increase from 1 January 2022 and a 1% increase from 1 July 2023.
In accordance with the relevant Code of Practice from the Department of Public Expenditure, NDP Delivery and Reform, An Post must seek Ministerial approval to increase pensions and deferred pensions for members of the An Post superannuation scheme.
As per Circular 16/2021, all such proposals require NewERA’s views, as well as a business case setting out the strategic, policy and financial rationale for the proposed increase. Circular 16/2021 states that pension approval requests should be submitted for approval well in advance of any decision to implement changes in acknowledgement of the necessary processes that must be completed and in order to ensure that pension increases are not unduly delayed. It should be recognised that the time taken for the pension approval process is necessary to ensure that robust governance procedures are in place.
Now that the requests and associated documentation have been received from An Post, the standard process will have to be followed, with NewERA’s views and assessment by officials being required prior to the consent of both Ministers being sought.
EU Directives
Questions (170)
David Stanton
Question:170. Deputy David Stanton asked the Minister for the Environment, Climate and Communications if he will outline the situation regarding his plans to transpose EU Directive 2019/994 Article 7 on direct lines; what the transposition of this Directive would mean in practical terms; and if he will make a statement on the matter. [12728/23]
View answerWritten answers
Transposition of Directive (EU) 2019/944 into Irish law is complete. Implementation of the Directive is principally a matter for the Commission for Regulation of Utilities, which was assigned responsibility for the regulation of the Irish electricity and gas markets following the enactment of the Electricity Regulation Act 1999.
The provisions of Article 7 are enabled by the existing provisions of the Electricity Regulation Act 1999, as amended, to include, inter alia, Sections 34 and 37 of the Act.
Broadcasting Sector
Questions (171)
Holly Cairns
Question:171. Deputy Holly Cairns asked the Minister for the Environment, Climate and Communications the steps that are being taken to ensure that all television stations and visually-based broadcast companies operating in Ireland are required to have subtitles. [12777/23]
View answerWritten answers
I have no function in relation to the rules regarding subtitling. This falls under the remit of the the Broadcasting Authority of Ireland (BAI) in accordance with section 43 (1)(c) and (2) of the Broadcasting Act 2009.