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Tuesday, 4 Jul 2023

Written Answers Nos. 246-261

Broadcasting Sector

Questions (246)

Peadar Tóibín

Question:

246. Deputy Peadar Tóibín asked the Minister for Public Expenditure, National Development Plan Delivery and Reform when his Department was first alerted to the fact that RTÉ had entered an agreement to guarantee an annual income of €75,000 to an employee (details supplied). [32176/23]

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Written answers

The Department of Public Expenditure, NDP Delivery and Reform became aware of this issue and its details as they emerged from media reports from June 22 into the following week. The Minister for Tourism, Culture, Arts, the Gaeltacht, Sport and Media has also been briefing her Government colleagues, including at the Government meeting of 27 June

Broadcasting Sector

Questions (247)

Peadar Tóibín

Question:

247. Deputy Peadar Tóibín asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of times his predecessors under this Government and the last, met with or corresponded with the Director General of RTÉ while they were in office; and the dates upon which such meetings or correspondences took place. [32178/23]

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Written answers

My predecessor as Minster for Public Expenditure and Reform, Michael McGrath TD, did not meet with or correspond with the Director General of RTÉ or the board members of RTÉ during the term of the previous Government.

While no formal meetings occurred, I should note that Minister McGrath and the Director General of RTÉ at the time, Dee Forbes, both attended the Cork Person of the Year in March 2022.

National Lottery

Questions (248)

Bernard Durkan

Question:

248. Deputy Bernard J. Durkan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the total value of National Lottery unclaimed prize money in the past six years to date; the total amount spent on advertising in the same period; and if he will make a statement on the matter. [32192/23]

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Written answers

I am informed by the Regulator of the National Lottery that the value of unclaimed prize amounts in each of the past six years is detailed as below:

Unclaimed Prizes

2017€'000

2018€'000

2019€'000

2020€'000

2021€'000

2022€'000

Total€'000

Expired Prizes

16,164

18,923

18,994

17,027

17,055

18,669

106,831

In relation to the total amount spent on advertising over the same period, I am informed by the Regulator that this is the confidential information of the Licensee and cannot be released by the Regulator without the Operator's consent.

Having put this matter to the Operator, the Regulator was informed that the Operator that it considers such information to be commercially sensitive, as it is for all other commercial entities, and consequently, PLI is not in a position to provide consent for the release of that information.

Sports Funding

Questions (249)

Catherine Murphy

Question:

249. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide a schedule of the grants, grant-aid, low-cost borrowing and funding that his Department can provide to an association (details supplied), heading under which the grants, grant-aid, low cost borrowing and funding is provided; the maximum amount that can be accessed; and the dates on which the schemes operate. [32283/23]

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Written answers

The Department of Public Expenditure, NDP Delivery and Reform does not operate any schemes for the provision of support and funding for sporting organisations of the type mentioned in the Deputy's question

Office of Public Works

Questions (250)

Alan Kelly

Question:

250. Deputy Alan Kelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of qualified window fitters employed by the OPW as of 1 January 2022 and 23 June 2023, in tabular form. [32308/23]

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Written answers

OPW does not employ any metal window fitters. However, OPW carpenters working in building maintenance services, national monuments branch and national historic properties have the skills to fit wooden windows which would be up and down sashes (double hung). These windows would be restored by OPW craft carpenters and fitted accordingly.

The numbers of craft carpenters employed by the OPW on the dates referenced in the question are as follows:

OPW Business Unit

Craft Carpenters 01 Jan 2022*

Craft Carpenters 23 June 2023**

Building Maintenance Services

18

15

Dromahair National Monuments

3

3

Killkenny National Monuments

4

4

Killarney National Monuments

6

5

Mallow National Monuments

2

2

Trim National Monuments

4

3

Athenry National Monuments

5

7

National Historic Properties

1

1

Total

43

40

* On 01 Jan 2022, OPW employed 4 apprentice carpenters in addition to numbers above

** On 23 June 2023 and currently, OPW employ 10 apprentice carpenters in addition to numbers above.

Office of Public Works

Questions (251)

Alan Kelly

Question:

251. Deputy Alan Kelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of qualified arborists employed by the OPW as of 1 January 2022 and 23 June 2023, in tabular form. [32309/23]

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Written answers

The information requested by the deputy is set out in the table below.

OPW Arborists 01 Jan 2022

1

OPW Arborists 23 June 2023

1

Departmental Bodies

Questions (252)

Michael Creed

Question:

252. Deputy Michael Creed asked the Minister for Public Expenditure, National Development Plan Delivery and Reform with the regard to the establishment of a Senior Posts Renumeration Committee if he would ensure that a public interest appointee is a member of the committee; if he will publish the terms of reference for this committee; and if he will make a statement on the matter. [32412/23]

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Written answers

On 27 June Government agreed to progress the establishment of the Senior Posts Remuneration Committee on a statutory basis, in line with the recommendations of the Report of the Independent Review Panel on senior public service recruitment and pay determination processes. This Committee, on its establishment, will advise on remuneration arrangements for senior posts in the public service and CEOs of Commercial State Bodies. Officials in my Department are now progressing the necessary legislation to establish the Senior Posts Remuneration Committee on a statutory basis. In this regard, I am considering, with my officials, a range of issues related to the establishment of this Committee, including its terms of reference and membership, and I will make proposals to Government on these matters in due course.

Office of Public Works

Questions (253)

Catherine Murphy

Question:

253. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of electric vehicle charging points in each OPW site available to visitors to that site, in tabular form. [32686/23]

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Written answers

The OPW is engaged in a process of reviewing the infrastructure capacity at Heritage Services OPW car parks in order to develop a programme for the roll-out of EV charging at visitor car parks nationwide.

OPW Site

No of Electric Vehicle Charging Points

Emo Court

2

Royal Hospital Kilmainham

8

Portumna Castle

1

State Bodies

Questions (254)

Rose Conway-Walsh

Question:

254. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform further to Parliamentary Question No. 55 of 28 June 2023, whether the HSE is categorised as a non-commercial State agency; and if he will make a statement on the matter. [32717/23]

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Written answers

The Health Service Executive is categorised as a non-commercial State Agency, and is listed on the Register of Public Sector Bodies.

As the HSE is under the aegis of the Department of Health, the Department of Health may be better placed to provide the Deputy with any further detailed information in relation to the HSE.

State Bodies

Questions (255)

Rose Conway-Walsh

Question:

255. Deputy Rose Conway-Walsh asked the Minister for Public Expenditure, National Development Plan Delivery and Reform further to Parliamentary Question No. 55 of 28 June 2023, if he will provide a full list of commercial State agencies associated line Department; the total number of employees and the Exchequer allocation for 2022 and 2023; and if he will make a statement on the matter. [32718/23]

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Written answers

A register of Public Sector Bodies is published by the Central Statistics Office (CSO). This lists all organisations in the State which are considered to be in the general government sector for the purposes of preparing Government Finance Statistics (GFS) and Excessive Deficit Procedure (EDP) reporting for Ireland. It also lists organisations which, while under public control, are not part of the general government sector.

The 2022 version is still provisional and is available online at www.cso.ie/en/releasesandpublications/ep/p-rpbi/registerofpublicsectorbodies2022-provisional/. A full list of all included entities and associated Department/Organisational Body can be downloaded.

As Commercial State Agency employees are not public servants we do not collect the number of employees in these bodies. Individual Departments are better placed to provide the Deputy with more detailed information needed on agencies/bodies under their aegis.

Employment Rights

Questions (256)

Bríd Smith

Question:

256. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if he is aware of the case of four workers (details supplied) who have been dismissed by a company for trade union activity; if he will meet with these workers and their representatives; if he has plans to introduce legislation to protect workers in these situations and strengthen the right to collective bargaining and trade union representation within the lifetime of the current Dáil; and if he will make a statement on the matter. [32185/23]

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Written answers

At the outset, I must emphasise that the responsibility for the resolution of an employment law dispute is a matter for the WRC's adjudication service. I have no role in the administration of justice.

Under Irish law, an individual has the right to join a trade union of their choice. The Unfair Dismissal Acts 1977-2016 provide for a number of grounds under which a dismissal may be considered unfair, including membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. It is unlawful to dismiss a person from their job simply because they are a member of a trade union.

I would urge parties in dispute to come together in an effort to resolve the issues which should hopefully lead to a resolution to the current situation. If this cannot be achieved, and where an individual believes they have been dismissed from their employment for trade union activity or membership they may refer their complaint to the Workplace Relations Commission (WRC) under the Unfair Dismissals Acts.

I believe collective bargaining is an important element of ensuring good industrial relations stability in Ireland. This stability comes from a voluntarist system where the State does not seek to impose a solution on the parties to a dispute but will assist them in arriving at a solution.

The State provides the industrial relations dispute settlement mechanisms i.e. the Workplace Relations Commission and the Labour Court to support parties in their efforts to resolve their differences. The Workplace Relations Commission and Labour Court are independent statutory bodies.

The Report of the LEEF High-Level Group on Collective Bargaining was published last October and is being progressed by the LEEF Subgroup on Enterprise which I chair. My Department is considering the Report’s recommendations, consulting with stakeholders and will develop proposals for Government in respect of its implementation by the end of the year. These proposals may well include examining how the recommendations need to be incorporated into legislation. I am pleased to inform the Deputy that this work has already begun. I look forward to continuing to engage, through LEEF, on the issues raised in the Report and how we can continue to promote a positive industrial relations landscape in Ireland.

Employment Rights

Questions (257)

Joan Collins

Question:

257. Deputy Joan Collins asked the Minister for Enterprise, Trade and Employment if he will meet with the four men unfairly dismissed by a company (details supplied) for trade union activity; what legislative steps he will take to ensure that workers representatives are free to collectively bargain without fear of intimidation; and if he will make a statement on the matter. [32205/23]

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Written answers

At the outset, I must emphasise that the responsibility for the resolution of an employment law dispute is a matter for the WRC's adjudication service. I have no role in the administration of justice.

Under Irish law, an individual has the right to join a trade union of their choice. The Unfair Dismissal Acts 1977-2016 provide for a number of grounds under which a dismissal may be considered unfair, including membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. It is unlawful to dismiss a person from their job simply because they are a member of a trade union.

I would urge parties in dispute to come together in an effort to resolve the issues which should hopefully lead to a resolution to the current situation. If this cannot be achieved, and where an individual believes they have been dismissed from their employment for trade union activity or membership they may refer their complaint to the Workplace Relations Commission (WRC) under the Unfair Dismissals Acts.

I believe collective bargaining is an important element of ensuring good industrial relations stability in Ireland. This stability comes from a voluntarist system where the State does not seek to impose a solution on the parties to a dispute but will assist them in arriving at a solution.

The State provides the industrial relations dispute settlement mechanisms i.e. the Workplace Relations Commission and the Labour Court to support parties in their efforts to resolve their differences. The Workplace Relations Commission and Labour Court are independent statutory bodies.

The Report of the LEEF High-Level Group on Collective Bargaining was published last October and is being progressed by the LEEF Subgroup on Enterprise which I chair. My Department is considering the Report’s recommendations, consulting with stakeholders and will develop proposals for Government in respect of its implementation by the end of the year. These proposals may well include examining how the recommendations need to be incorporated into legislation. I am pleased to inform the Deputy that this work has already begun. I look forward to continuing to engage, through LEEF, on the issues raised in the Report and how we can continue to promote a positive industrial relations landscape in Ireland.

Industrial Relations

Questions (258)

Holly Cairns

Question:

258. Deputy Holly Cairns asked the Minister for Enterprise, Trade and Employment the steps he is taking to ensure that persons adjudicating in State industrial relations mechanisms have training on disability matters; and if he will make a statement on the matter. [32227/23]

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Written answers

The Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function, and I have no direct involvement in its day-to-day operations. However, I am informed of the following.

Disability discrimination cases typically come before an Adjudication Officer under the Employment Equality Acts 1998-2015, which prohibit discrimination in the workplace and in employment-related areas, and the Equal Status Act 2000-2018, which prohibit discrimination in the provision of goods and services.

Adjudication Officers hold various educational and professional qualifications and come from a variety of professional backgrounds. All Adjudication Officers appointed by the Public Appointments Service are required to complete a Certificate in Workplace Adjudication (QQI Level 8), a private course commissioned by the Workplace Relations Commission, which is currently administered and delivered by the National College of Ireland. Modules on the Employment Equality Acts and the Equal Status Acts are part of the curriculum.

Adjudication Officers also undertake further relevant educational development and dedicated training courses, including in equality law. The WRC’s Legal unit keeps Adjudication Officers informed of relevant legal and legislative developments. Continuous professional development meetings are held on a regular basis and have included contributions from professionals working in the equality sector and from specialist equality bodies and disability rights organisations. Indeed, the next scheduled training day has a specific focus on equality matters. The WRC maintains a legal library and Adjudication Officers have access to this legal library and to the legal database on www.westlaw.ie

The WRC complies fully with its obligations under the Disability Act 2005 and Irish Human Rights and Equality Commission Act 2014 in relation to the provision of its services and ensuring accessibility for persons with disabilities; equality is promoted and access for persons with disabilities is provided wherever practicable. The WRC has a nominated Access Officer to facilitate access requests and who can arrange particular assistance for persons with disabilities.

Adjudication Officers are experienced in adapting and making accessible hearings for persons with disabilities and according to a party’s needs, wherever practicable and appropriate. The Equal Treatment Bench Book, published by the Judicial College in the UK, is a highly regarded reference resource aimed at increasing awareness and understanding of the different circumstances of people appearing in courts and tribunals. It is promoted for use by the WRC to Adjudication Officers and is the subject of internal training and information updates for Adjudication Officers as it is a constantly updated and amended document providing information, guidance and assistance for ensuring fairness and equality in legal proceedings. The Bench Book includes chapters on physical disability, mental disability and capacity which contain practical suggestions and guidance for increased participation, reasonable adjustment and effective communication, including communicating with persons who have a mental disability.

Employment Rights

Questions (259)

Louise O'Reilly

Question:

259. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the status of a court injunction (details supplied). [32267/23]

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Written answers

On 3 August 2022, the former Minister of State for Employment Affairs, Business and Retail announced an 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, my Department was informed that 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.

At this moment in time the Order cannot be proceeded with. The matter is before the courts.

Sports Funding

Questions (260)

Catherine Murphy

Question:

260. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if he will provide a schedule of the grants, grant-aid, low-cost borrowing and funding that his Department can provide to an association (details supplied), heading under which the grants, grant-aid, low cost borrowing and funding is provided; the maximum amount that can be accessed; and the dates on which the schemes operate. [32275/23]

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Written answers

My Department provides supports to businesses through the enterprise agencies. Enterprise Ireland and the Local Enterprise Offices provide direct financial assistance to businesses in the manufacturing and internationally trading services sectors; and advisory and training services to enterprises including those in the locally traded sectors.

The recently redeveloped supportingSMEs.gov.ie portal acts as a single information hub for SME information and assistance. The portal includes quick links to targeted thematic areas of interest such as Scaling, Access to Finance, Exporting, Climate, Skills and Digitalisation.

In terms of direct interventions, the Local Enterprise Offices provide various training and advisory programmes to small businesses, as well as acting as a ‘first stop shop’ providing signposting for all firms to find out about resources and programmes available from government departments and agencies. To support accessibility and efficiency, the LEO network communicate the broad range of government programmes and advisory services available for firms, including locally trading firms.

The LEOs will continue to enhance their advisory services for locally trading firms to improve productivity particularly around digitalisation and reducing energy and carbon emissions, which will have positive spillover effects on the wider economy.

I would encourage any business to visit the supportingsmes.gov.ie website or their Local Enterprise Office to see what supports may be available to them.

EU Bodies

Questions (261, 270)

Jim O'Callaghan

Question:

261. Deputy Jim O'Callaghan asked the Minister for Enterprise, Trade and Employment to provide a report on what amendments to the national patent legislation will be required to recognise both the new unitary patent and the Unified Patent Court agreement; his views on the timelines for drafting these amendments (details supplied); whether these amendments will be prepared in advance of the UPC referendum; whether consultation with stakeholders will take place; and if he will make a statement on the matter. [32366/23]

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David Stanton

Question:

270. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment to provide an update on the timing and publication of the regulatory impact assessment on the required legislation ahead of the referendum on Ireland’s participation in the Unified Patent Court, in light of the fact that the court has already gone live across Europe and that Ireland’s ability to play an influential role diminishes the more time that passes; and if he will make a statement on the matter. [32642/23]

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Written answers

I propose to take Questions Nos. 261 and 270 together.

The establishment of a Local Division of the Unitary Patent Court in Ireland will offer users an accessible, cost-effective, and more efficient option for broad patent protection and dispute settlement across Europe. The new system enables uniform patent protection across all participating EU Member States by way of a single patent application and provide a centralised platform for Europe-wide patent litigation before the Unified Patent Court. Savings for businesses will be significant in this area and the simplified system will make it easier, particularly for micro and small businesses, to protect their IP while engaging with a broader EU export market.

In June 2022, the Government reaffirmed its commitment to participate in the Unitary Patent System and the Unified Patent Court, and to hold the necessary constitutional referendum to enable Ireland to do so. A local division of the Unified Patent Court will be created in Ireland if the State ratifies the agreement under which the court is established. Until such time as a referendum on the matter is held and won here, Ireland will not be participating in the UPC. Irish citizens and businesses will still, however, be able to apply for a Unitary Patent which will be valid in those Member States that have ratified the Unified Patent Court Agreement. Similarly, Irish citizens will be able to defend their Unitary Patent or contest another Unitary Patent before the Unified Patent Court. National patent holders will still be able to litigate in their national courts, including in Ireland.

My Department is leading on the preparatory work for the referendum. Potential amendments to the national patent legislation to recognise both the new unitary patent and the Unified Patent Court agreement have been identified but any final amendments will not be fully considered until the result of the referendum is determined. As it is current practice to complete a regulatory impact assessment as legislation is being prepared, my Department is engaged in this process as it evolves. Engagement with the Department of Housing, Local Government and Heritage regarding the work of the Electoral Commission on the referendum are ongoing. A communications campaign is being devised and an oversight committee, comprising the key stakeholders, is also being established to support the work.

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