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Tuesday, 11 Jul 2023

Written Answers Nos. 254-268

Employment Schemes

Questions (254)

Colm Burke

Question:

254. Deputy Colm Burke asked the Minister for Enterprise, Trade and Employment if he will give due consideration to the funding of pilot schemes to enable young cancer survivors' reintegration to work following cancer treatment; and if he will make a statement on the matter. [33649/23]

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Written answers

My Department does not have policy responsibility for labour market activation schemes.

The Department of Social Protection has responsibility for labour activation measures and can provide specific supports to help people find and keep employment. These include schemes which may be of assistance to young cancer survivors seeking reintegration to the workplace and include the Wage Subsidy Scheme, Partial Capacity Benefit and Back to Work Enterprise Allowance. In particular, the Partial Capacity Grant helps persons returning to the workplace after a serious illness (such as cancer treatment) while continuing to receive a payment from the Department of Social Protection.

European Union

Questions (255)

David Stanton

Question:

255. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment if any sectoral or regional analysis has been undertaken on the potential benefits to national companies of Ireland's participation in the Unified Patent Court agreement; and if he will make a statement on the matter. [33772/23]

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Written answers

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. My Department officials are currently advancing preparations for the constitutional referendum which will enable the transfer of jurisdictional powers from Irish Courts to the new International Court. The timing of this Referendum will be a matter for Government to decide.

The preparatory work underway includes a Regulatory Impact Assessment, a component of which will be a cost benefit analysis comparing the economic impact of the establishment of a local division in Ireland against the non-establishment of the same. Due to the diverse nature of patents used across and within sectors, it is impractical to focus on the benefits to any one region. 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.

The benefit of the establishment of a local division of the Court would represent a positive international signal, affirming Ireland’s interest in competing for intellectual property based FDI. A Yes vote for the new Unitary Patent Court would bring reduced legal costs for researchers, inventors and businesses as the current estimate for a company is that it will cost less than €4,700 to maintain a unitary patent for an average lifetime of ten years under the new system, if it is validated across the 24 participating member states, whereas it currently costs about €30,000 today, without this new system.

There are also very significant savings for Irish businesses that are reliant on export markets within the European Union to enable their growth and expansion. The simplified and much cheaper system of patent protection will make it easier, particularly for micro and small businesses, to export to more EU countries, and protect their IP while doing it. Businesses in other participating member states will have access to their own local patent court and we want to ensure that our companies have that same beneficial access here in Ireland.

State Bodies

Questions (256)

Catherine Murphy

Question:

256. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the 2022 audited financial statements and 2022 annual reports he has received so far from State agencies under the remit of his Department, in tabular form. [33780/23]

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Written answers

I have received audited financial statements and annual reports for 2022 from the following State agencies under my remit:

• Competition and Consumer Protection Commission (CCPC)

• Enterprise Ireland

• Health and Safety Authority

• IDA Ireland

• Irish Auditing and Accounting Supervisory Authority (IAASA).

I understand that the financial statements of the National Standards Authority of Ireland, Personal Injuries Assessment Board and Corporate Enforcement Authority are currently being audited by the Office of the Comptroller and Auditor General.

Revenue Commissioners

Questions (257)

Alan Dillon

Question:

257. Deputy Alan Dillon asked the Minister for Enterprise, Trade and Employment when the Revenue online system will be updated to accept applications from businesses which use oil, LPG or kerosene; and if he will make a statement on the matter. [34052/23]

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Written answers

The cost of energy is a major factor in the operation of most businesses. The impact of the very significant price increases experienced by businesses in 2022 and 2023, following the Russian invasion of Ukraine, was mitigated by the introduction of the Temporary Business Energy Support Scheme to support companies dealing with increases in the price of metered electricity and natural gas.

Following a review of the operation of TBESS, the Government agreed to the development and implementation of a scheme to extend similar supports to companies that rely on Kerosene oil for heating purposes. The development of a scheme is justified by the fact that the price of Kerosene was 64% higher during the 2022 TBESS reference period than in 2021.

It is intended that the Kerosene Scheme will provide flat rate payments to businesses to mitigate the impact of price increases during 2022. Businesses will receive banded payments based on volume of Kerosene usage during the year.

The possibility of extending the Scheme to businesses that use Liquid Petroleum Gas was examined. Available data showed that LPG prices increased by less than 20% during the TBESS reference period compared to 2021. It was therefore considered that the inclusion of LPG users in the scheme could not be justified.

It should be noted that users of Kerosene and LPG are eligible to claim for any increased electricity or natural gas costs under TBESS.

It is intended that the Kerosene Scheme will be launched in September, subject to State Aid approval being received, as well as approval from the Department of Public Expenditure NDP and Reform and Cabinet agreement.

Departmental Data

Questions (258)

Carol Nolan

Question:

258. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment if his Department or any agency under the aegis of his Department operates a ‘barter account’ for the provision of goods or services; if so, if payments have been directed to be made to a barter account during the period 2011 to date; and if he will make a statement on the matter. [34145/23]

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Written answers

I can confirm that the Department of Enterprise, Trade and Employment does not operate a 'barter account' for the provision of goods or services and therefore there has never been any such payments directed to such an account. As regards agencies under the aegis of the Department I have requested that they respond to you directly regarding your question.

Trade Agreements

Questions (259)

Matt Carthy

Question:

259. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment the current status of the proposed EU-Australia trade agreement, the Irish government's position in this regard, whether he has commissioned an economic evaluation of the impact that the trade agreement will make to the Irish economy and sectors therein; whether it is proposed that the agreement will include an investor-state dispute mechanism and the form that will take; and if he will make a statement on the matter. [34225/23]

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Written answers

I welcome the progress achieved to date in the negotiations for a comprehensive Free Trade Agreement between the EU and Australia. Ireland is fully supportive of the aim of achieving a comprehensive and balanced FTA with Australia as soon as possible, as we look to diversify our supply chains, including for critical raw materials, and open up export markets for Irish companies.

Discussions are nearing conclusion, with sensitive areas such as agriculture still to be finalised. Once the draft texts have been circulated by the Commission, the Department will analyse the proposal in full.

This analysis will inform any decision on whether to conduct an economic assessment of the final agreement. However, the Commission's own assessment suggests that trade in goods between Australia and the EU could increase by up to 33% and services trade by up to 8% under the agreement and that this could add up to €3.9bn to the EU’s GDP by 2030.

Finally, the FTA covers areas that are the exclusive competence of the EU and does not include measures on investment protection or portfolio investment.

European Union

Questions (260)

David Stanton

Question:

260. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment if he has taken note of Denmark’s referendum result of 25 May 2014 with regard to the country’s membership of the Unified Patent Court; if so, the conclusions he has drawn from the result; and if he will make a statement on the matter. [34283/23]

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Written answers

The Unified Patent Court (UPC) commenced operations on 1 June 2023. Ireland was represented by senior officials at several inaugural events, with Minister of State Neale Richmond representing the Government at the inaugural event of the Court in Luxembourg on 30th May. The Unified Patent protection and the Unified Patent Court promises considerable benefits for entrepreneurs, businesses, and for the integration of intellectual property rights in the single market. It will offer Irish inventors, entrepreneurs, researchers and businesses a new improved broader level of patent protection, reduced administrative burden and significant cash savings.

Denmark's referendum on the approval of the Agreement on the Unified Patent Court was held in May 2014 and was approved with 62.5% of the vote. The success of Denmark's referendum is a positive signal to Ireland as we make preparations for a referendum.

My Department officials are currently advancing preparations for the constitutional referendum which will enable the transfer of jurisdictional powers from Irish courts to the new international court.

The timing of the referendum will be a matter for Government to decide. The most important factor as regards the timing of the referendum is that it should maximise the likelihood of a successful ‘Yes’ result.

Industrial Relations

Questions (261)

Louise O'Reilly

Question:

261. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment if he is aware of the case of a campaign by persons (details supplied); and if he will meet with the persons in question and their trade union regarding their alleged unfair dismissal. [34323/23]

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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.

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.

Departmental Bodies

Questions (262)

Louise O'Reilly

Question:

262. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 143 of 7 March 2023, if a person (details supplied) is still on the Enterprise Digital Advisory Forum; and if he will make a statement on the matter. [34336/23]

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Written answers

In line with the National Digital Strategy, Harnessing Digital – The Digital Ireland Framework, and the National AI Strategy, AI – Here for Good, the Enterprise Digital Advisory Forum was established to support Government in driving a step change in the digitalisation of enterprise in Ireland.

The Forum brings together representatives of indigenous enterprise, multi-national enterprises, and experts in digital technologies and their adoption by enterprise. It supports the implementation of the enterprise aspects of the National Digital Strategy and provides an important setting for enterprise to provide feedback to Government on various challenges and opportunities they identify in relation to digitalisation. This information can then be shared across Government.

Positions on the Forum were filled following an open call for expression of interest and an assessment process. The Forum was appointed in May of 2022. In order to update the membership of the Forum to reflect its Work Programme for 2023, a second open call for expressions of interest was opened on Monday 19th June 2023 and closed on Friday 30th June last. These new applications will now be assessed and I will make appointments to the Forum based on this process before the next meeting of the Forum in the Autumn. Due to the new areas of focus under the Work Programme and to ensure the size of the Forum is appropriate, existing members of the Forum may not be reappointed.

Education Policy

Questions (263)

Holly Cairns

Question:

263. Deputy Holly Cairns asked the Minister for Education to provide details on the level of funding and supports which will be made available to current trainee educational psychologists; and if he will ensure that those supports will be equivalent to those in similar programmes such as a named example (details supplied). [33875/23]

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Written answers

A working group in the Department has been examining the matter of how NEPS can continue to recruit adequate numbers of suitably qualified educational psychologist staff and continue to respond to the educational psychological needs of children in recognised primary and post-primary schools across the country.

To address supply issues in the medium to long term a workforce plan for educational psychologists is being developed within the Department of Education and work is progressing with other Government Departments, such as the Department of Health, to advance this.

As an immediate short-term measure my Department was delighted to introduce a bursary to support Trainee Educational Psychologists currently in their third year (or third year equivalent) of professional training in University College Dublin (UCD) and Mary Immaculate College (MIC), who expect to graduate in 2023.

Officials in my Department are now close to finalising funding supports for students of these doctorate programmes who would graduate in 2024, and 2025.

School Transport

Questions (264)

Claire Kerrane

Question:

264. Deputy Claire Kerrane asked the Minister for Education if consideration has been given to providing greater transport services to rural schools from urban areas, to ease pressure on schools in urban areas and increase numbers in rural schools, given that many schools in urban areas are at maximum capacity, while nearby rural schools are on the verge of losing a teacher due to low student to teacher ratio; and if she will make a statement on the matter. [33538/23]

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Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2022/2023 school year, over 149,000 children, including over 18,000 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country.

There has been an increase of 21% in tickets issued to eligible students and an increase of 38% in tickets issued on a concessionary basis in the 2022/23 school year compared to the 2021/22 school year.

In addition, school transport scheme services have been provided in the 2022/2023 school year for over 5,400 children who have arrived to Ireland from Ukraine.

The total cost of the scheme in 2022 was €338.9m.

The School Transport Scheme is an important service for families and children.

The purpose of the Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

A review of the School Transport Scheme is at an advanced stage. The review is being conducted with a view to examining the current scheme, its broader effectiveness and sustainability, and to ensure that it serves students and their families adequately.

Phase 1 of the review examined the impact of eligibility criteria on mainstream pupils who were eligible for transport to their nearest school but attending their next nearest school. The report was completed in June 2021.

Following consideration of this Phase 1 report, for the 2021/2022 school year, the provision of temporary alleviation measures was approved for transport for post-primary students who are otherwise eligible for school transport, but were attending their second nearest school and had applied and paid on time. These measures have been continued for the 2022/2023 school year, and will again continue in the 2023/2024 school year pending completion of the review.

Phase 2 of the review was completed late last year and phase 3 involved an examination of issues around eligibility criteria, scheme performance, scheme expenditure and the potential for scheme integration. In addition, external expert assistance was procured to assist in conducting a comprehensive cost benefit analysis in line the Public Spending code of the potential options for the future operation of the scheme. It is expected that phase 3 of the review will be completed shortly.

This final report will include recommendations on the future operation of the Department’s School Transport Scheme. Once approved by Government, it is planned that the review will be published.

For the 2023/2024 school year, it remains that children are eligible for transport at primary level where they reside not less than 3.2 kilometres from and are attending their nearest national school, and at post primary level where they reside not less than 4.8 kilometres from and are attending their nearest post primary school/education centre as determined by the Department/Bus Éireann, having regard to ethos and language.

Children who are eligible for school transport and who have completed the application process on time are accommodated on school transport services where such services are in operation.

Children who are not eligible for school transport, but who completed the application process on time, are considered for spare seats that may exist after eligible children have been facilitated; such seats are referred to as concessionary seats.

Pending completion of the School Transport review, there will be no removal or downsizing of buses/routes for the 2023/2024 school year.

If families have applied to attend their nearest school in regards to ethos and language and have been advised by the school authorities that it is full, my Department will consider if students can be deemed eligible for transport to the next nearest school. To establish that the nearest school is full parents must provide:-

• The steps taken to enrol their child in the nearest and next nearest schools

• Evidence that an application for enrolment was made within the deadline dates specified by the school and

• A letter from the School Authorities confirming that the school was full at the time of enrolment.

Families can submit details to the School Transport Section in the Department of Education at school_transport@education.gov.ie.

In cases where the families are attending their third or fourth nearest school, the above documentation will be required for each school in turn. Families who require information in relation to the schools nearer to them can contact the School Transport Section at the above email address.

School Staff

Questions (265)

David Stanton

Question:

265. Deputy David Stanton asked the Minister for Education if she will investigate a claim for the revision of school secretary pay scales (details supplied); and if she will make a statement on the matter. [33542/23]

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Written answers

I wish to confirm the Deputy that I have asked the relevant officials in the Payroll Division of my Department to investigate the individual case specified. I want to assure the Deputy that the officials have been in contact with the person concerned to address her concerns and are working to resolves her queries.

This case concerns an individual who is working as a secretary in two separate schools (i.e. has multiple employments as a secretary).

Circular 0036/2022 - Revision of Salaries and Annual Leave arrangements for School Secretaries employed in recognised primary and post primary schools issued in June 2022. It contained the payscale agreed with Fórsa for secretaries who choose to move to the new terms and conditions.

Under the terms of the Circular, each school was asked to identify the pay rate and annual leave that would apply should a secretary choose to move to the new terms and conditions and to indicate these to the secretary. This was to be done by the end of September 2022.

In the case of secretaries with multiple employments, each individual school was required to make an offer to the secretary who then had to accept each separate offer.

The relevant Payroll officials have confirmed that based on information returned by the two schools as part of a survey to gather data in advance of assimilation onto my Department’s payroll that the person concerned was made differing offers, one correct, one incorrect, by the respective schools. :

If a secretary holds multiple employment, works different hours in and is in receipt of different rates of pay from each school, a point on scale is assigned taking all employment data into account to identify a unified rate of pay

Letters issued to the two schools asking them both to make a revised offer (based on the unified rate) to the secretary concerned. The secretary has been given the opportunity to accept or reject these offers. If the offer is rejected, the secretary will return to their pre-September 2022 pay, terms and conditions before the initial acceptance of the offer under Circular 0036/2022.

I also wish to assure the Deputy that joining the secretaries who have opted to do so, to the Department’s payroll for 1st September 2023 in in full progress and on track to have those secretaries paid for the first pay date of 14th September 2023.

School Accommodation

Questions (266)

Michael Lowry

Question:

266. Deputy Michael Lowry asked the Minister for Education if her Department has received and reviewed urgent correspondence from a school (details supplied) regarding a critical situation it is facing in terms of providing adequate classroom and teaching accommodation for incoming first-year and their current students in September 2023; if, taking into account the urgency of the situation, she will provide the necessary assistance the school and outline what measures and support will be provided to the school to address its current accommodation crisis; and if she will make a statement on the matter. [33569/23]

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Written answers

I can confirm to the Deputy, that my Department is in recent receipt of correspondence from the school in question relating to the schools accommodation needs.

Officials from my Department are considering the issues raised in the correspondence and a decision will issue to the school authority directly as soon as possible.

I can assure the Deputy that my Department is working to ensure that there is appropriate school accommodation in place to meet the school place needs of all children.

The purpose of my Department's Additional School Accommodation (ASA) scheme is to ensure that essential mainstream and special education classroom accommodation is available to cater for pupils enrolled each year and where the need cannot be met by the school’s existing accommodation. Where there is a need for accelerated delivery of such accommodation my Department utilises Modern Methods of Construction, including my Department's Modular Accommodation Framework, to meet the accommodation need. My Department has additionally put Project Management provision in place to support schools in the expedited delivery of this accommodation.

Officials in my Department have been liaising with the school in question in relation their future accommodation needs.

Departmental Staff

Questions (267)

Violet-Anne Wynne

Question:

267. Deputy Violet-Anne Wynne asked the Minister for Education to provide the names and contact information of all special advisers to Ministers and Ministers of State within her Department; and if she will make a statement on the matter. [33579/23]

View answer

Written answers

In accordance with the terms of the guidelines for Ministerial Appointments for the 33rd Dáil, Áine Doyle and Eoin Murphy are employed as my Special Advisers. Diane O'Gorman is employed as a Special Adviser to Josepha Madigan T.D. Minister of State for Special Education and Inclusion.

Thomas Byrne T.D., Minister of State for Sport and Physical Education in my Department and the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media also has a Special Adviser, Daniel Griffin, who is employed by that Department.

The attached table contains the contact information for the advisers.

Name:

Special adviser to:

Contact Details:

Áine Doyle

Norma Foley T.D., Minister for Education

Minister’s Office,Department of Education,Marlborough Street,Dublin 1.Tel: 01 8896400

Eoin Murphy

Norma Foley T.D., Minister for Education

Minister’s Office,Department of Education,Marlborough Street,Dublin 1.Tel: 01 8896400

Diane O’Gorman

Josepha Madigan T.D., Minister of State for Special Education and Inclusion

Minister of State’s Office,Department of Education,Marlborough Street,Dublin 1.Tel: 01 8896400

Daniel Griffin*

*employed by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media

Thomas Byrne T.D., Minister of State for Sport and Physical Education

Minister of State’s Office,Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media,23 Kildare Street,Dublin 2.Tel: 01 6313800

School Transport

Questions (268)

Marian Harkin

Question:

268. Deputy Marian Harkin asked the Minister for Education if there is funding available for the provision of a bus for primary school students to an after-school facility (details supplied); and if she will make a statement on the matter. [33620/23]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2022/2023 school year, over 149,000 children, including over 18,000 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country.

There has been an increase of 21% in tickets issued to eligible students and an increase of 38% in tickets issued on a concessionary basis in the 2022/23 school year compared to the 2021/22 school year.

In addition, school transport scheme services have been provided for over 5,400 children who have arrived to Ireland from Ukraine.

The total cost of the scheme in 2022 was €338.9m.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

The mainstream School Transport Scheme is intended to cater for children providing school transport from a pick up point to school and from school to a pick up point during normal school opening and closing times.

Children are eligible for transport at primary level where they reside not less than 3.2 kilometres from and are attending their nearest national school, and at post primary level where they reside not less than 4.8 kilometres from and are attending their nearest post primary school/education centre as determined by the Department/Bus Éireann, having regard to ethos and language.

Bus Éireann endeavours to ensure that a reasonable level of transport service is provided for each eligible child.

Funding is not provided to contractors who operate services outside of the school transport scheme. The request referred to by the Deputy is not a feature of the scheme.

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