Written Answers Nos. 229-240
229. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she has engaged with either the Minister for Enterprise, Trade and Employment and/or his officials and/or with the Corporate Enforcement Agency in respect of RTÉ and/or its contractors and/or persons acting on behalf of contractors. [33238/23]
View answerMy officials have engaged with officials from the Department of Enterprise, Trade in relation to the role of the Corporate Enforcement Agency.
The Corporate Enforcement Agency is the statutory body responsible for enforcing and encouraging compliance with company law, investigating suspected offences under the Companies Act, prosecuting detected breaches of the Companies Act, referring cases to the Director of Public Prosecutions for prosecution on indictment, and exercising a supervisory role over the activities of liquidators and receivers. It has significant enforcement powers to carry out its statutory functions.
The Corporate Enforcement Authority is independent in the performance of its functions, as provided for under Section 944D (4) of the Companies Act 2014. I have been advised that this provision is intended to ensure that the law is enforced without the possibility of interference from any party or the appearance of any such interference.
While I understand that some subsidiary companies of RTÉ file their accounts with the Companies Registration Office as required under the Companies Act and are therefore subject to CEA supervision, RTÉ Group Accounts are laid before the Oireachtas in line with the provisions of the Broadcasting Act, 2009 and therefore do not come within the remit of the CEA.
On 4 July 2023, I announced the commissioning of an independent, root and branch examination of RTÉ, composed of two separate and parallel reviews. I expect to receive the final reports within six months of the commencement of the examination, and interim reports will be submitted as required.
In addition, I expect to appoint a forensic accountant under s109(7)(a) of the Broadcasting Act, 2009 early next week. They will investigate the barter accounts and whether there are any other off balance sheet accounts in the first instance.
230. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to clarify whether at any point over the past ten years the SSL certificates for her Department’s websites expired for a period of time; if so, the reason this occurred; and the duration they remained expired. [33281/23]
View answerI am advised that since the current formation of my Department in June 2020, there has been no untimely expiration of SSL Certificates of publicly accessible websites under the direct remit of the Department.
231. Deputy Róisín Shortall asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will respond to matters raised in correspondence by an organisation (details supplied) in relation to community arts work; and if she will make a statement on the matter. [33287/23]
View answerThere are capital schemes administered by my Department for arts and culture projects that provide capital funding aimed at enhancing and maintaining our arts and culture infrastructure. These include allocations for projects involving artist's studios and creative spaces, sustainable practices and disability access.
I understand that the organisation referred to by the Deputy is fund-raising to purchase property. Schemes of capital support operated by my Department do not include support for the acquisition of property.
232. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the funding she provides to An Comhairle Ealaíona to deliver for communities through its creative places initiative; and if she will make a statement on the matter. [33347/23]
View answerAs Minister, I have allocated €130m to the Arts Council in 2023. Decisions on the allocation of all of that funding is a matter for the Board of the Arts Council. Furthermore, I am statutorily precluded under Section 24 (2) of the Arts Act 2003 from having any input into decisions around the allocation of that funding. The Arts Council provides programming and revenue supports for a wide range of organisations, individuals and projects nationwide.
I understand that last month the Arts Council announced an investment of €1.7m in 7 new Creative Places around Ireland, bringing to 17 the total number of Creative Places funded since 2020. Further details of this announcement and the places involved are detailed on the Arts Council press release on its website which can be accessed at this link www.artscouncil.ie/News/Creative-Places-2023/. I also understand that one of the newly designated locations, Uíbh Ráthach, contains a Gaeltacht language planning area.
233. Deputy Seán Canney asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she is aware of the source of the funds in the barter account set up by RTÉ, as revealed in Oireachtas Committee meetings recently; and if she will make a statement on the matter. [33404/23]
View answerThe disclosures of the last few weeks concerning Governance issues at RTÉ have been shocking and it is essential to restore trust in RTÉ. The details of the barter account are a matter for RTÉ in the first instance and I have repeatedly stated both publicly and in meetings with RTÉ that there is a need for full disclosure and transparency in this regard. I expect RTÉ to provide appropriate details as requested by Committees of the Oireachtas in this regard, including details relating to barter accounts.
Following Government approval last Tuesday, I announced the commissioning of an independent, root and branch examination of RTÉ, composed of two separate and parallel reviews:
• a Review of Governance and Culture; and
• a Review of Contractor Fees, Human Resources (HR) and other matters.
The Reviews will each be directed by a three-person Expert Advisory Committees who will oversee the work of a professional services firm that will be appointed to assist the reviews following a procurement process.
To further underpin the work of the Committees, I will be invoking powers under section 109(7)(a) of the Broadcasting Act 2009, to appoint a forensic accountant to examine the books or other records of account of RTÉ, including the barter account. My officials are progressing the procurement of this service.
234. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on restricting the issuing of hare coursing licences. [33256/23]
View answerI am considering the application from the Irish Coursing Club in relation to the 2023/24 open season and a decision will issue in due course.
Hare coursing is administered by the Irish Coursing Club (ICC) which is a body set up under the Greyhound Industry Act, 1958. Statutory responsibility for the Act resides with the Minster for Agriculture, Food and the Marine.
The Irish hare is listed on Annex V of EU Directive 92/43/EEC (the Habitats Directive) and this listing requires member states to manage the species’ sustainably. The Habitats Directive also requires Ireland to make a detailed report every six years on the conservation status of all listed species, including the Irish hare. Ireland’s most recent report in 2019 included a comprehensive assessment of the range, population status, habitat and threats for the Irish hare. The report can be viewed here: www.npws.ie/publications/article-17-reports/article-17-reports-2019.
The 2019 report notes that the hare is widespread and common in Ireland with a broad habitat niche; it is found throughout the country from coastal habitats to upland heath and bog. While the report does highlight some concerns about the loss of habitat quality due to agricultural intensification and afforestation, overall the species is considered to be in favourable conservation status. In addition, the most recent Red Data List for Mammals in Ireland (2019) confirmed that the species is not threatened; it assessed the Irish hare as “Least concern". Further details are available at the following link: www.npws.ie/sites/default/files/publications/pdf/Red%20List%20No.%2012%20Mammals.pdf”.
235. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage if there will be an impact assessment done for the nature restoration law, which will see parts of the country rewetted. [25109/23]
View answerI refer to Question 353 of 30 May 2023. The position is unchanged. A whole of Government response to the Regulation will be required, and this will involve each Department carrying out a detailed impact assessment as part of the preparation of the nature restoration plan, to accurately calculate the investment needed to support the transformative change required to meet the proposed targets. This work will commence as soon as a clear position emerges from the European Parliament.
236. Deputy Denise Mitchell asked the Minister for Housing, Local Government and Heritage if he intends to facilitate voting for Irish citizens living abroad for the next local, European and general elections; and if he will make a statement on the matter. [33221/23]
View answerUnder electoral law, in order to be able to vote at elections in Ireland, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. With some exceptions (mainly postal and special voters) all persons must attend in person to vote at their local polling station.
Subject to a limited number of exceptions, Irish citizens resident outside the State do not have the right to vote at elections or at referendums held in the State. The Programme for Government - Our Shared Future - commits to holding a referendum on extending the franchise at presidential elections to Irish citizens resident outside of the State. My Department and the Department of Foreign Affairs have been working closely on this issue and, on 16 September 2019, the Thirty-ninth Amendment of the Constitution (Presidential Elections) Bill 2019 was initiated in Dáil Éireann by the then Minister for Foreign Affairs and Trade to facilitate the holding of a referendum on this issue.
While the Bill lapsed with the dissolution of the 32nd Dáil Éireann, in support of the Government commitment, the Bill has been restored to the Dáil Order Paper. If the Bill is passed by both Houses of the Oireachtas, section 10 of the Referendum Act 1994 requires that I, as Minister for Housing, Local Government and Heritage, make an order appointing the day upon which the poll for the proposed referendum will take place. The Act provides that the polling day shall be not less than thirty days and not more than ninety days after the date of the order.
While electoral law is kept under ongoing review, proposals for the extension of voting rights to Irish citizens resident outside the State at other elections or at referendums are not currently under consideration.
237. Deputy Jennifer Murnane O'Connor asked the Minister for Housing, Local Government and Heritage if he has had any engagement or correspondence with the Minster for Public Expenditure, NDP Delivery and Reform or with his Department in relation to issues concerning retained firefighters; and if he will make a statement on the matter. [30909/23]
View answer239. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage to outline the nature and extent of his Department's interaction with other departments in relation to improved pay for retained firefighters; and if he will make a statement on the matter. [30971/23]
View answerI propose to take Questions Nos. 237 and 239 together.
The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts, 1981 and 2003.
My Department supports fire authorities by establishing policy, setting national standards for fire safety and fire service provision, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and the procurement of essential front-line fire appliances, ancillary vehicles and equipment.
Fire services are provided in Ireland by local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, 31 local authorities provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters
I am acutely aware that Retained firefighters provide an invaluable service, safeguarding lives and property that is essential to their communities. That is why, in May 2021, following my direction, the Management Board of the National Directorate for Fire and Emergency Management commissioned a review report into Retained Fire Services with a particular emphasis on the issues of ‘Recruitment and Retention’
My Department published that report, entitled “Retained Fire Services in Ireland – A Review of Recruitment and Retention and the Future Sustainability of Service Delivery” in December 2022.
I brought a Memo to Cabinet in January 2023 to inform the Government of the report’s conclusions. Government noted and accepted the thirteen recommendations contained to address the issues of recruitment and retention and to ensure the sustainability of retained fire services into the future.
Discussions on behalf of the local authorities are led by the (LGMA) and supported by representatives of the Chief Fire Officers Association (CFOA) and officials from my Department.
Throughout the development of the Retained review report, Management had engaged with the union side through the Fire Services National Oversight and Implementation Group (FSNOIG), which is chaired by Mr David Begg. Discussions between staff and employer representatives on the implementation of recommendations began in January 2023 via the FSNOIG forum.
Following a proposal by SIPTU staff representatives, it was agreed that the priority issues to be addressed would be more appropriate for discussion through an independently mediated facilitation forum. Mr Ultan Courtney was subsequently engaged by the Local Government Management Agency (LGMA) at the behest of SIPTU to chair those discussions. The key deliverable, agreed by all stakeholders, is a revised composite agreement that will standardise future retained fire service employment terms and conditions across all local authorities.
To date however, it has not been possible to reach a positive conclusion to the satisfaction of all parties of that process, which has ultimately led to the intervention of the Labour Court.
The implementation of the report recommendations are currently part of a sensitive deliberative process of industrial relations negotiations under the auspices of the Labour Court.
As part of the Management response to this issue, the Department of Public Expenditure, NDP Delivery and Reform (DPENDR) and my Department supported the LGMA in the development of a new model of retained fire service delivery. Those agreed proposals, outlined below, were tabled during discussions on the priority IR issues and substantial progress was made on the provision of a revised model of retained fire service delivery that would provide both an effective service delivery and a suitable work/life balance,
1. An increase in overall staff number circa 20% with a minimum of 12 firefighters in all fire stations (currently ranges from 8 to 18)
2. Structured time off (up to 20 weeks per annum)
3. Individual flexibility with regard to availability
4. 50 additional promotional positions nationally for retained fire fighters
5. Flexibility to attend calls when scheduled on leave, if desired
6. More earnings potential from additional community based activity
7. Increased premium rate payment hours (day/night bands would become 8am – 8pm, 8pm – 8am respectively)
8. Introduction of a new standardised Sick Pay Scheme
9. No reduction of the retainer payment despite a much lower level of commitment to be available.
Following the dissolution of the facilitation forum discussions chaired by Mr Ultan Courtney on 10 May, SIPTU Retained firefighters commenced a period of Industrial Action on 6 June. This action was significantly escalated on 13 June; however, following the intervention of the Labour Court on Monday 19 June, SIPTU Retained firefighters suspended the operational aspects of their industrial action pending the outcome of a formal hearing of the Labour Court that was held on 26 June.
In the intervening period, officials from my Department have supported the LGMA in maintaining an open dialogue with officials from DPENDR on the consequent financial implications for the implementation of the priority IR issues.
The intervention of the Labour Court in the Industrial relations aspects of the dispute is to be welcomed. The Management side were represented at the Labour Court hearing by the LGMA and supported by officials from my own Department and DPENDR. In the event that a recommendation is issued, it will be considered fully by management representatives.
The LGMA recognises the positive steps SIPTU have taken in suspending the operational aspects of their industrial action to allow the resumption of fire service provision on the basis of the full Labour Court hearing.
While a low level of industrial action through non-cooperation remains in place affecting, training and records, the de-escalation of the operational elements of industrial action by SIPTU is a commendable act of good faith, indicative of retained firefighters enduring commitment to public safety and in recognition of the vital role they play ensuring the safety of their communities.
The tabled proposals are a strong foundation to build on in addressing retained firefighters concerns. It is acknowledged that the fixed element of retained firefighter remuneration needs to be addressed to meet of the legitimate needs of firefighters within the confines of Building Momentum.
As Minister for responsibility for fire services in Ireland I have committed, in good faith, to advocate for retained firefighters in the upcoming national pay talks to ensure that the retainer payment is positively dealt with.
Another key finding of the retained review report was in relation to substantial issues around inclusion and diversity that will require significant change in the service to alleviate aspects of the recruitment and retention issue. Less than 3% of firefighters are female, for example, which is an entirely unsustainable situation. A broader cultural study of fire services in Ireland is planned to investigate underlying barriers to recruitment of a more diverse workforce that is more reflective of the communities which they serve.
It is acknowledged that no single ‘silver bullet’ solution exists to resolving the issues of recruitment and retention facing the retained fire services. The issues can only be addressed through the aggregated full implementation of each of the Retained Review report’s thirteen recommendations.
238. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of mortgage-to-rent applications approved to date in 2023; and the number approved in the same period in 2022. [30086/23]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support. The concept of the scheme is that a household with an unsustainable mortgage goes from being a homeowner to being a social housing tenant.
To the end of March 2023, 2,130 households with unsustainable private mortgages have completed the MTR process, since its introduction in 2012. 16 of these households completed the MTR process in Q1-2023. This compares to a completion rate of 98 for the same period in Q1-2022.
