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Tuesday, 30 May 2023

Written Answers Nos. 249-261

Departmental Expenditure

Questions (249)

Ivana Bacik

Question:

249. Deputy Ivana Bacik asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the amount paid by his Department to external legal teams, HR specialists, accountancy firms and consultants in 2022; and if he will make a statement on the matter. [26237/23]

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Written answers

I wish to advise the Deputy that the detail of the spend by my Department on consultancy, including the costs specified by the Deputy, is regularly updated and published on gov.ie.

Details of this spend from 2012 up to the end of April 2023 can be found at the following link:

www.gov.ie/en/organisation-information/8b97d6-consultancy-costs/

Environmental Policy

Questions (250)

Jim O'Callaghan

Question:

250. Deputy Jim O'Callaghan asked the Minister for Enterprise, Trade and Employment the action his Department is taking to improve indoor environmental quality standards. [26040/23]

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Written answers

There is an existing comprehensive suite of occupational safety and health legislation in place in Ireland designed to protect the health and safety of workers and to mitigate against work related injuries, ill-health and fatalities.

The Safety, Health and Welfare at Work Act 2005, sets out the responsibilities of employers, the self-employed, employees and various other parties in relation to safety and health at work. The Act also provides for a range of enforcement measures and penalties that may be applied for breach of occupational safety and health. The Act applies to all employers and employees at all places of work.

Employers have extensive duties under the Act covering protective and preventive measures, hazard identification and risk assessment as well as providing information for employees.

The Safety, Health and Welfare at Work (General Application) Regulations were made under the 2005 Act and came into operation in 2007. These regulations include obligations to address the physical indoor workplace environment covering various aspects of that environment including noise, lighting, vibration, ventilation, etc.

In relation specifically to workplace ventilation, the Health and Safety Authority will shortly publish a new Code of Practice for Indoor Air Quality. This Code of Practice sets out the optimum standards for indoor air quality along with detailed practical guidance for employers and employees and applies to all places of work.

Any employer or worker seeking advice or guidance on the Code of Practice for Indoor Air Quality, or in relation to any other health and safety obligations and/or standards at their place of work, should contact the Health and Safety Authority at www.hsa.ie or contactus@hsa.ie or by Lo Call 0818 289 389.

Disability Services

Questions (251)

Aengus Ó Snodaigh

Question:

251. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment if he received correspondence from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media in relation to concerns raised by a campaign (details supplied); if he has responded on the matter; if so, the date on which he responded; and what the content of his response was. [25757/23]

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Written answers

There is no record in my Department of correspondence from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media in relation to the matter raised.

Departmental Funding

Questions (252)

Robert Troy

Question:

252. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment when the new regional enterprise fund will be open to applications; and if criteria have been drawn up yet. [25928/23]

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Written answers

The Deputy will be aware that my Department has secured up to €145m from the European Regional Development Fund to support innovative enterprise focused projects.

The Scheme, the ‘Smart Regional Enterprise Innovation Scheme’ (SREIS), will be aimed at accelerating economic growth in all regions of the country by delivering on the potential of local and regional enterprise strengths.

The SREIS will also build on initiatives previously funded under the Regional Enterprise Development Fund and Border Enterprise Development Fund and support new collaborative and innovative regional projects. This activity will align with the outcomes of the nine Regional Enterprise Plans and Ireland’s Smart Specialisation Strategy around digitalisation and green transformation goals for industry.

Enterprise Ireland, who will administer the Scheme, are finalising the Scheme document and eligibility criteria of the SREIS with the European Commission and the final Scheme will be approved by the Department of Public Expenditure, NDP Delivery & Reform. I expect to announce the first call of €35 million under this fund shortly with further calls on an annual basis.

Childcare Services

Questions (253)

Carol Nolan

Question:

253. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment if his Department assists with, or makes a financial contribution to, the sourcing or provision of childcare or crèche facilities for the children of staff members of any grade or position; if so, the names of the providers; the costs incurred for the period 2020 to date in 2023; the number of staff who have availed of such assistance over this timeframe; and if he will make a statement on the matter. [25970/23]

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Written answers

My Department does not make a financial contribution to, the sourcing or provision of childcare or créche facilities for the children of staff of the Department.

Staff of my Department may be entitled to national supports provided through Government Schemes such as the Early Childhood Care and Education (ECCE) Scheme which provides early childhood care and education for children of pre-school age, and the National Childcare Scheme (NCS) which helps parents to meet childcare costs. These schemes are available to all eligible applicants in Ireland.

The Department, through its various Human Resources schemes and policies provides flexibilities for all staff to assist with managing work/life balance appropriately. In consultation with their line manager in the context of business needs, staff have the opportunity to avail of special unpaid leave in one continuous period of two, four, six, eight, ten or thirteen weeks, or to take up to three separate periods, each consisting of a minimum of two weeks and a maximum of twelve weeks in total unpaid special leave in any given year in line with the provisions of the Shorter Working Year Scheme. Staff can also opt to reduce their working week as provided for in the Civil Service Work-Sharing Scheme. Blended working and career break opportunities may also assist staff of the Department with work/life arrangements.

Public Procurement Contracts

Questions (254)

Ivana Bacik

Question:

254. Deputy Ivana Bacik asked the Minister for Enterprise, Trade and Employment his views on the German Government’s decision to make awards of public procurement contracts conditional on collective agreements; and his plans to introduce a similar measure here. [26144/23]

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Written answers

The procedural rules which apply to public procurement contracts are clearly defined. The Office of Government Procurement (OGP) which processes public procurement contracts in Ireland has lead responsibility in this area. The OGP operates as a Division of the Department of Public Expenditure and Reform (DPER).

It has been the consistent policy of successive Irish Governments to support the development of an institutional framework facilitating a voluntary system of industrial relations. The system is based on respecting the autonomy of parties to negotiate and agree terms that enhance existing statutory protections.

In addition, there are statutory wage setting mechanism designed to provide enhanced protections for entire sectors.

There are no plans to make awards of public procurement contracts conditional on collective agreements in Ireland. Collective bargaining is a voluntary matter for third parties.

Employment Rights

Questions (255)

Ivana Bacik

Question:

255. Deputy Ivana Bacik asked the Minister for Enterprise, Trade and Employment his views on proposals of an organisation (details supplied) in respect of employee experiences of technological surveillance. [26145/23]

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Written answers

I note the Recommendations in the Report. The Report suggests that the concerns of employees raised in relation to technological surveillance could be addressed through collective bargaining between employers and employee representatives. It also requests that a report be prepared on possible legislative changes in this area.

In relation to collective bargaining, it has been the consistent policy of successive Irish Governments to support the development of an institutional framework facilitating a voluntary system of industrial relations, premised upon freedom of contract and freedom of association. This system has served us well over the decades and there is an extensive range of statutory provisions in place to provide the legislative support for a voluntary system of industrial relations.

The freedom of association and the right to organise and bargain collectively are also guaranteed in a number of international instruments which the State has ratified and which it is, therefore, bound to uphold under international law. Employees have a right under the Constitution to be in a trade union which protects the rights and interests of its members. Under Irish law, an employee cannot be discriminated against or dismissed from their job because they are a member of a union.

Statutory regulation of technical surveillance in the workplace falls under the terms of General Data Protection Regulation and the 2018 Data Protection Act, which have significantly increased employers' obligations and responsibilities in relation to how they collect, use and protect personal data.

The Data Protection Commission (DPC) is the national independent authority responsible for upholding the fundamental right of individuals to have their personal data protected. The DPC is the Irish supervisory authority for the GDPR, and also has functions and powers related to other important regulatory frameworks including the Irish ePrivacy Regulations (2011) and the EU Directive known as the Law Enforcement Directive. Any employee may request the DPC to enforce his or her rights in relation to Data Protection.

Trade unions may raise issues of non-compliance with GDPR or Data Protection legislation with employers, or may raise their member’s concerns with regard to workplace surveillance, as part of collective bargaining. If parties cannot agree, it is open to them to use the industrial relations dispute resolution mechanisms operated by the Workplace Relations Commission and the Labour Court.

Departmental Expenditure

Questions (256)

Ivana Bacik

Question:

256. Deputy Ivana Bacik asked the Minister for Enterprise, Trade and Employment the amount paid by his Department to external legal teams, HR specialists, accountancy firms and consultants in 2022; and if he will make a statement on the matter. [26229/23]

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Written answers

My Department spent a total of €1,094,589 on external legal teams, HR specialists, accountancy firms, and consultants in 2022. This amount also includes ICT consultancy.

The Department considers hiring external consultants or specialists in cases where there is not the necessary expertise to deliver the project in-house, in cases where an external assessment is deemed essential, or in cases where a project must be completed within a short time scale, and although the expertise or experience may be available in-house, performing the task would involve a prohibitive opportunity cost.

In engaging external consultants or specialists my Department complies with the Department of Public Expenditure NDP Delivery and Reform's guidelines for engagements of consultants by the civil service, having regard to public procurement guidelines.

Legislative Programme

Questions (257)

Sorca Clarke

Question:

257. Deputy Sorca Clarke asked the Minister for Enterprise, Trade and Employment the current status of the proposed companies (corporate governance enforcement and regulatory provisions) Bill 2023. [26351/23]

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Written answers

I launched a public consultation for the Companies (Corporate Governance Enforcement and Regulatory Provisions) Bill 2023 on 8th May 2023. The deadline for receipt of submissions in response to this consultation is 5pm on the 9th of June.

The legislative framework provided for by the Companies Act 2014 is regularly reviewed to ensure that the original objectives remain valid and are being achieved, and to consider developments arising from stakeholder engagement, developments in case law and the work of the Company Law Review Group (CLRG).

The Government is also committed to ensuring that the authorities established under the Act, the Companies Registration Office (CRO), the Corporate Enforcement Authority (CEA) and the Irish Auditing and Accounting Supervisory Authority (IAASA) have the appropriate legislative tools to effectively undertake their statutory functions.

The scope for reform at this time broadly relates to four distinct areas of company law including corporate governance, company law enforcement and supervision, company law administration and corporate insolvency including the regulation of receivers. It is intended that the Companies (Corporate Governance Enforcement and Regulatory Provisions) Bill 2023 will include miscellaneous provisions amending the Companies Act 2014 in relation to these areas.

Responses to the public consultation will inform the drafting of Heads of a General Scheme in the coming months.

National Minimum Wage

Questions (258)

Sorca Clarke

Question:

258. Deputy Sorca Clarke asked the Minister for Enterprise, Trade and Employment if his Department has considered the request from trade unions (details supplied) to increase the minimum wage by €2 in January 2024, and again in January 2025; and if he will make a statement on the matter. [26352/23]

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Written answers

The Low Pay Commission, which was established in 2015 as an independent body, makes recommendations designed to set a minimum wage that is fair and sustainable and one that will not have significant negative consequences for employers and competitiveness. Since its establishment, the Low Pay Commission has made eight annual recommendations, resulting in a 30.6% increase in the minimum wage between 2016 and 2023.

Last November, Government announced the introduction of a national living wage for employees. This will be set at 60% of hourly median wages in line with the recommendations of the Low Pay Commission. It will be introduced over a four-year period and will be in place by 2026. The Commission also recommended that subject to an assessment of the impact of this, the economic practicality of gradually increasing the targeted threshold rate towards 66% of the median wage should be assessed and recommendations should be made accordingly.

It is preferable to move towards a living wage gradually, using a procedure that takes account of prevailing economic conditions and that ensures that the minimum wage will continue to increase in future as economic conditions improve.

The Government is supportive of the Low Pay Commission and the work it has carried out since its foundation and respects the independence of the Low Pay Commission.

School Accommodation

Questions (259)

Catherine Murphy

Question:

259. Deputy Catherine Murphy asked the Minister for Education if she will ensure there is adequate accommodation on-site ahead of the school year 2023-24 at a location (details supplied); if she will also ensure that additional classroom and resources are made available to the school to accommodate the large number of children seeking places in the school; and if she will provide an update on the status of the project. [25944/23]

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Written answers

My Department is currently planning to install modular accommodation for the school on the site to which the Deputy refers. There are also contingency measures being looked into should the interim accommodation not be ready in time. The school being split over two locations is a contingency option, which if happens should be only for a short term solution and my Department will assist the school to make the necessary arrangements to facilitate parents only having to make one school drop off.

My Department is currently looking into all options and will continue to keep the patron and school informed of all developments.

Regional Education and Language Teams (REALT) have been established to help ensure good coordination and alignment of supports for Ukrainian and other children seeking international protection in Ireland. These Education and Language Teams are hosted by the 16 regional education and training boards (ETBs) and are staffed by existing regionally-based education support personnel working closely together to ensure good coordination and alignment of supports.

The primary role of the REALT is to build on existing regional education support structures and assist families in securing school places. REALTs also support schools in their area to meet the needs of these children as they emerge, to advise and support my Department in developing new capacity where required, and to co-ordinate the provision of education services to schools and families across their defined area.

These teams ensure that clear, accessible information flows are in place between schools, local education support services and national support structures in relation to people arriving from Ukraine and those seeking International Protection.

Contact information for REALT teams can be found at www.gov.ie/en/publication/48639-information-for-schools-ukraine/#regional-education-and-language-teams-realt

School Staff

Questions (260)

Marian Harkin

Question:

260. Deputy Marian Harkin asked the Minister for Education if she will provide an update on correspondence to her on behalf of a person (details supplied). [25571/23]

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Written answers

I would like to thank the Deputy for the question and would like to advise the following:

Enabling children with special educational needs to receive an education is a priority for this Government. It is also a key priority for me as Minister for Special Education & Inclusion, for my Department and for the National Council for Special Education (NCSE).

The vast majority of children with special educational needs are supported to attend mainstream classes with their peers. Where children with more complex needs require additional supports, special classes and special school places are provided.

For 2023, the spend by my Department on special education will be substantially increased by over 10% on last year, meaning that for 2023 my Department will spend over €2.6 billion on special education.

This level of educational funding and support is unprecedented and represents in excess of 27% of the Department’s total allocation for 2023.

This includes funding to support children with special educational needs in mainstream classes; funding for new special classes and new special school places; additional special educational teachers, special needs assistants (SNAs) and funding for the National Educational Psychological Service (NEPS).

In 2023, the number of teaching and SNA posts in our schools will increase with an additional 686 teachers and a further 1,194 SNAs in our schools next year.

For the first time ever we will have over 19,000 teachers working in the area of special education and over 20,000 SNAs. Together we will have almost 40,000 qualified and committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs.

In relation to the student referred to by the Deputy, my Department is currently reviewing the matter with the relevant ETB and a response will issue shortly.

Special Educational Needs

Questions (261)

Peter Fitzpatrick

Question:

261. Deputy Peter Fitzpatrick asked the Minister for Education if she will advise on matters raised in correspondence (details supplied) regarding ASD placement in Dundalk; if the family situation will be taken into consideration; her plans to approve an additional co-educational class at a school; and if she will make a statement on the matter. [25583/23]

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Written answers

I would like to thank the Deputy for the question and would like to advise the following:

Enabling children with special educational needs to receive an education is a priority for this Government. It is also a key priority for me as Minister for Special Education & Inclusion, for my Department and for the National Council for Special Education (NCSE).

The vast majority of children with special educational needs are supported to attend mainstream classes with their peers. Where children with more complex needs require additional supports, special classes and special school places are provided.

For 2023, the spend by my Department on special education will be substantially increased by over 10% on last year, meaning that for 2023 my Department will spend over €2.6 billion on special education.

This level of educational funding and support is unprecedented and represents in excess of 27% of the Department’s total allocation for 2023.

This includes funding to support children with special educational needs in mainstream classes; funding for new special classes and new special school places; additional special educational teachers, special needs assistants (SNAs) and funding for the National Educational Psychological Service (NEPS).

In 2023, the number of teaching and SNA posts in our schools will increase with an additional 686 teachers and a further 1,194 SNAs in our schools next year.

For the first time ever we will have over 19,000 teachers working in the area of special education and over 20,000 SNAs. Together we will have almost 40,000 qualified and committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs.

The NCSE has the responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews. The Department does not have a role in making individual school determinations.

Over the last two to three years, my Department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.

These initiatives are bearing fruit with over 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the last three years.

My Department is engaging intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.

As a result of this forward planning, on the 12th of April, Minister Foley and I announced the establishment of 2 new special schools for the 2023/2024 school year, with further capacity being expanded in 11 other special schools.

Along with the two new special schools, 328 new special classes – 217 at primary and 111 at post-primary level – have been sanctioned by the NCSE for opening in the 2023/24 school year, with more to be confirmed in the coming weeks.

Of these new classes, 18 are in Co. Louth, with 11 at primary level and 7 at post-primary level. These new classes will bring the total number of special classes in Louth to 88.

As demand for new special classes at post-primary level is expected to increase significantly over the next few years, due to increasing demographics and increasing prevalence rates, my Department and the NCSE have engaged with post-primary stakeholders in relation to the provision of special classes.

In October of last year, my Department wrote to all post-primary schools to advise them of the need to begin planning to provide additional special classes. It is envisaged that all post-primary schools will be required to provide special classes over the next 3 to 5 years, with an approximate average of 4 special classes in each school.

In relation to the student referred to by the Deputy, the NCSE has advised my Department that the local special educational needs organiser (SENO) has been in regular contact with the parent and will continue to provide support to them.

The NCSE has also advised that they are engaging with the school in regards to expanding the existing special class provision.

In relation to the Dundalk area, the NCSE have advised my Department that various post-primary schools have continuously engaged with the NCSE throughout the year to ensure sufficient special class provision for transitioning students. As a result, additional special classes have been established at post-primary level in Dundalk, with some vacancies still available for September 2023.

Parents seeking special class placements for their children are advised to contact the NCSE locally so that their needs can be taken into account for planning purposes. The local SENOs remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: ncse.ie/regional-services-contact-list .

Information on the list of schools with special classes, the types and locations of these classes is published on the NCSE website and is available at www.ncse.ie

I want to reassure you also that my Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

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