Written Answers Nos. 221-242
221. Deputy Claire Kerrane asked the Minister for Enterprise, Trade and Employment what measures his Department is taking to assist the food sector in meeting reduction targets, as set out in the Climate Action Plan; and if he will make a statement on the matter. [40341/23]
View answerMy Department is actively pursuing opportunities for decarbonisation in the food sector, we are integrating climate action into all aspects of the Department and its agencies’ activities. I am determined that we can foster strong, resilient businesses, that are successful and sustainable, while meeting our sector’s climate targets. Decarbonising industry and enterprise are also key to Ireland’s economy and future competitiveness. The link between fossil fuels and economic development is in the process of being completely decoupled.
The White Paper on Enterprise 2022 - 2030 recognised that the agri-food sector in particular, will require significant transformation to transition to low carbon business models, and prepare for net zero food production. The Government is committed to designing and implementing specific sectoral policy interventions such that Ireland will be a leader in innovation, R&D and new product development in these sectors, building on the Food Vision 2030 for agri-food, in order to access a transforming global market. This proactive approach will open significant new opportunities and markets, whereas delaying investment and transformation would represent a significant resilience and viability risk to Irish enterprises.
Under the Climate Action Plan 2023, my Department is developing a roadmap in 2023 to set out the key policy interventions to achieve the objectives set out for decarbonising heat use in manufacturing through energy efficiency and the displacement of fossil fuels. The roadmap will include a pathway to the electrification of low temperature heat, and the prioritisation of decarbonised gas for use in high temperature heating. The roadmap will develop actions for inclusion in the next Climate Action Plan and will address the three carbon budget periods up to 2035. The roadmap will also set out the technologies, state supports, standards, regulations and timelines that will help drive the necessary changes in heating systems, minimum equipment efficiencies and smart operational and monitoring strategies and technologies required to meet the targets.
These efforts are already underpinned by a number of Government supports for enterprise decarbonisation including the Green Transition Fund, Enterprise Ireland and IDA Ireland’s Environment Aid schemes, and the Climate Toolkit for Business. I am actively encouraging our food sector to engage with Enterprise Ireland to discuss in detail the investments required to remove significant volumes of future emissions from their operations.
The Green Transition Fund was launched in June 2022. It is a €55m fund designed to specifically to address manufacturing combustion emissions from our industrial sector, to accelerate the uptake of carbon-neutral heating in manufacturing businesses. It provides manufacturing businesses the foundation they need to begin their transition to low carbon production processes and through investment in carbon abating capital equipment and technologies.
The Sustainable Energy Authority of Ireland also offers a range of supports that can help businesses decarbonise their buildings and operations and make them more energy efficient. These supports range from tax incentives, vouchers, training, and grants. Full details on the range of SEAI supports available can be found at www.seai.ie. The Support Scheme for Renewable Heat in particular provides generous funding towards the use of electrical heat-pumps or biomass in manufacturing processes.
Ireland has committed to reducing emissions by 51% across all sectors of the economy by 2030 and to become net zero by 2050. These commitments are enshrined in law under the Climate Action and Low Carbon Development (Amendment) Act 2021. Accordingly, all sectors of the economy must remain within defined five-year Carbon Budgets which align with our climate ambitions outlined above. The Sectoral Emissions Ceiling prescribe how the Carbon Budgets are divided among different sectors of the economy. My Department has responsibility to reduce industry on-site emissions by 20% by 2025 and 35% by 2030. These are emissions associated with manufacturing and industrial processes.
The Climate Toolkit 4 Business is available online to help any Irish enterprise begin their transition to zero emissions. The simplified carbon calculator generates an estimated carbon footprint for the user and produces a plan of tailored actions recommended in response to the data provided. It is particularly useful for businesses that do not yet have a sophisticated understanding of their carbon emissions or the steps they should consider to reduce their emissions. The Toolkit will direct users to advice, grants and other resources available from the LEOs, EI, SEAI, Irish Water, EPA, IDA and others.
222. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment if he will continue to pursue pro-enterprise and pro-competitive policies to ensure the survival of hospitality SMEs in the tourism budget; and if he will make a statement on the matter. [39528/23]
View answerResponsibility for the tourism budget lies with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media.
My Department continues to pursue pro-enterprise and pro-competitive policies for all Irish enterprise. Published in December 2022, the White Paper on Enterprise 2022-2030 sets out Ireland`s industrial policy for the medium- to long-term, building on Ireland`s economic strengths of an open economy with strong trade and foreign direct investment, a vibrant innovation hub, and a resilient labour market. The White Paper sets out Ireland`s industrial policy to realise the vision of a resilient, inclusive, and sustainable enterprise growth model for Ireland into the future, while remaining true to what works well for enterprise at present.
Ireland’s current competitiveness position is quite strong, with the Institute for Management Development ranking Ireland as the 11th most competitive economy in the world (out of 63 economies) in 2022. However, the economy has faced a series of recent challenges arising from disruptions such as COVID-19 and the economic impacts of the Russian invasion of Ukraine, including rising energy prices. The Government has been proactive in providing assistance to firms. In September 2022, a package to help businesses with escalating energy costs was announced as part of Budget 2023. The €1.25 billion Temporary Business Energy Support Scheme, which supports qualifying businesses with up to 40% of the increase in electricity or gas bills - when compared to last year - up to a maximum of €10,000 per month.
The Growth and Sustainability Loan Scheme will make up to €500 million in low-cost investment loans of up to 10 years available to SMEs, with no collateral required for loans up to €500,000. A minimum of 30% of the lending volume will be targeted towards Environmental Sustainability purposes. The reduced rate of VAT on gas and electricity from 13.5% to 9% has also been extended until 31 October 2023.
A key pillar of the White Paper is enabling locally trading sectors to thrive. This will see an expanded role for Local Enterprise Offices which will continue to enhance their advisory services for locally trading firms, helping them to improve productivity through digitalisation and reducing energy and carbon emissions. Training, consultancy, and mentoring services will be made available to more locally trading business with over 10 and up to 50 employees.
During 2023, my Department undertook the development of the first of consecutive two-year Implementation Plans of cross-Government activity to progress the White Paper commitments. This first Implementation Plan was published in May of 2023 and identifies a portfolio of 40 key initiatives and projects across the seven priority objectives. The initiatives and projects listed have been selected as reflective of the efforts underway to align enterprise policy interventions with the vision and ambition set out in the White Paper.
Regarding locally traded enterprise it will seek to:
• Facilitate our Locally Trading Sectors to Navigate the Twin Transition
• Support Small Firms in Energy Cost Reduction and Decarbonisation Investments
• Assist Locally Traded Sectors in Increasing Digital Intensity
• Enable Locally Traded Sectors to Capture e-Commerce opportunities through Digitalisation
• Boost Social Enterprise Contributions to the Irish Economy and Society.
223. Deputy Jim O'Callaghan asked the Minister for Enterprise, Trade and Employment the number of businesses in each county or local authority that made successful applications under the Covid-19 credit guarantee scheme launched in September 2020 to provide loans to SMEs and small mid-caps until 30 June 2022; and the estimated total value of the low-cost loans in each county local authority area, in tabular form. [39578/23]
View answerThe Covid-19 Credit Guarantee Scheme (CCGS) was launched in September 2020 and provided loans to SMEs and small Mid-Caps until 30 June 2022. No further loans were approved after the closing date. The scheme provided vital access to lending facilities for a wide range of sectors and supported the economy in the context of the coronavirus outbreak. 9,857 loans for a value of almost €709 million were drawn under Covid-19 Credit Guarantee Scheme.
The table below lists the number of businesses in each county that successfully drew down loans under the CCGS between September 2020 and 30 June 2022, and the total value of the low-cost loans in each county.
|
COUNTY |
SUCCESSFUL DRAWDOWNS |
VALUE |
|
Carlow |
134 |
€9,263,536 |
|
Cavan |
133 |
€9,814,879 |
|
Clare |
322 |
€17,971,959 |
|
Cork |
1237 |
€89,790,750 |
|
Donegal |
501 |
€28,609,243 |
|
Dublin |
2134 |
€199,138,540 |
|
Galway |
785 |
€49,014,680 |
|
Kerry |
317 |
€18,749,036 |
|
Kildare |
360 |
€26,555,849 |
|
Kilkenny |
216 |
€14,344,811 |
|
Laois |
157 |
€8,151,909 |
|
Leitrim |
84 |
€5,718,758 |
|
Limerick |
428 |
€29,885,792 |
|
Longford |
53 |
€2,730,551 |
|
Louth |
197 |
15,935,636 |
|
Mayo |
483 |
€29,007,941 |
|
Meath |
449 |
€32,767,633 |
|
Monaghan |
107 |
€6,926,798 |
|
Offaly |
132 |
€8,532,595 |
|
Roscommon |
128 |
€7,171,446 |
|
Sligo |
168 |
€9,837,325 |
|
Tipperary |
461 |
€27,034,739 |
|
Waterford |
206 |
€15,184,072 |
|
Westmeath |
76 |
€5,812,130 |
|
Wexford |
240 |
€20,195,427 |
|
Wicklow |
349 |
€20,609,842 |
|
Total |
9857 |
€708,755,877 |
224. Deputy Neasa Hourigan asked the Minister for Enterprise, Trade and Employment his plans to strengthen enforcement mechanisms within existing redundancy laws to ensure they are adhered to by employers; and if he will make a statement on the matter. [39623/23]
View answerThe Protection of Employment Act 1977, as amended, sets out a number of protections for employees where collective redundancies are proposed. It is the employer’s responsibility to comply with its obligations under the Act.
There are robust mechanisms in place to ensure employers comply with their obligations under the Act.
Firstly, employees can make a complaint to the Workplace Relations Commission (WRC) if they believe their employer has failed to undertake a consultation or to provide information to the employees’ representatives. If the WRC upholds the complaint, employees may be awarded up to four weeks’ remuneration for each breach of the Act.
Secondly, the Act makes it an offence for an employer to fail to comply with their legal obligations. An employer who fails to initiate consultations, provide information to employees’ representatives or notify the Minister is guilty of an offence and will be liable on summary conviction to a fine not exceeding €5,000. An employer who dismisses employees before the expiry of the 30-day period following notification to the Minister is guilty of an offence and will be liable on conviction on indictment to a fine of up to €250,000. The WRC is the statutory agency responsible for bringing such prosecutions.
In May 2023, Minister Calleary and I announced that Government approved the priority drafting of the Plan of Action on Collective Redundancies following Insolvency Bill 2023. Among the changes announced in this legislation includes providing further mechanisms for employees to seek redress under the Act. This change will extend employees’ right to make a complaint to the WRC if they are made redundant prior to the expiry of the 30-day period after the Minister is notified of the proposed collective redundancies.
225. Deputy Neasa Hourigan asked the Minister for Enterprise, Trade and Employment his plans to increase the maximum weekly amount of €600 used to calculate statutory redundancy payment; and if he will make a statement on the matter. [39624/23]
View answerStatutory redundancy is a lump-sum payment based on an employee’s pay and length of service. An eligible employee is entitled to two weeks' pay for every year of service plus one additional week's pay. Weekly pay is capped at €600 per week.
Over the past year the Government has introduced or progressed several measures with the aim of improving working conditions in Ireland. These measures are an important part of building an inclusive economy – particularly one that is attractive to highly mobile labour and skills. These measures are necessary to improve the lives of workers in Ireland and to ensure Ireland is in line with other European countries.
It is important to also be aware of the impact of these measures on employers, particularly in the context of the existing financial pressures on businesses. Any consideration of an increase to the €600 limit would have to be carefully balanced with the overall economic climate and running costs for businesses.
Significant consultation with a number of Government Departments, employer and employee representative groups and other relevant stakeholders would also be required.
226. Deputy Neasa Hourigan asked the Minister for Enterprise, Trade and Employment his plans to increase the minimum length of notice a person is entitled to under the Minimum Notice and Terms of Employment Acts 1973-2005; and if he will make a statement on the matter. [39625/23]
View answerThe Minimum Notice and Terms of Employment Acts 1973 to 2005 provide that if an employee has been in continuous service with the same employer for at least 13 weeks they are entitled to a minimum period of notice if the employer terminates the contract of employment. The period of notice varies according to the length of service as follows:
|
Length of service |
Minimum Notice |
|
13 weeks and up to 2 years |
1 week |
|
2 years and up to 5 years |
2 weeks |
|
5 years and up to 10 years |
4 weeks |
|
10 years and up to 15 years |
6 weeks |
|
Over 15 years |
8 weeks |
The legislation provides for minimum statutory notice periods. Employers and employees can also agree greater notice periods. The Acts do not prevent an employee from accepting payment in lieu of notice.
If an employee considers that the minimum notice entitlement has not been received, the employee may refer a complaint to the Workplace Relations Commission.
The Minimum Notice and Terms of Employment Acts are not under review at present, however the legislation, like all employment rights laws in Ireland, is monitored on an ongoing basis to ensure it remains robust and fit for purpose.
227. Deputy Neasa Hourigan asked the Minister for Enterprise, Trade and Employment his plans to increase the period of consecutive days, which is currently 30 days, during which making redundant the relevant number of employees constitutes collective redundancy; and if he will make a statement on the matter. [39626/23]
View answerThe Protection of Employment Act 1977, as amended, implements EU Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies. The Act defines a collective redundancy as where, during any period of 30 consecutive days, the employees being made redundant are:
• 5 employees where 21-49 are employed,
• 10 employees where 50-99 are employed,
• 10% of the employees where 100-299 are employed,
• 30 employees where 300 or more are employed.
A reference period of 30 consecutive days is in line with the majority of other Member States.
In general, I am satisfied that the 30-day reference period set out in legislation is sufficient and the period is achieving the objective to ensure employees are consulted with and provided with relevant information. Any proposed change would require consultation with employee and employer representative groups and careful consideration would have to be given to understand and avoid potential unintended consequences.
I also note that the Joint Oireachtas Committee on Enterprise, Trade and Employment recently examined these issues as part of their pre-legislative scrutiny of the Plan of Action on Collective Redundancies following Insolvency Bill. The Committee did not make any recommendation in relation to changing the 30-day reference period currently in force.
As such, I have no plans currently to review the reference period of 30 consecutive days for collective redundancies.
228. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment if he will add motor mechanics to the critical skills list; and if he will make a statement on the matter. [39636/23]
View answerIreland operates a managed employment permits system, maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The regime is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills or labour shortages in the State in the short to medium term.
The Occupational Lists (Ineligible Occupations List and Critical Skills Occupation List) for employment permits are subject to evidence-based review incorporating consideration of available research, and a public consultation which provides stakeholders with an opportunity to submit data on the extent of skills or labour shortages. Submissions to the review are considered by the Interdepartmental Group on Economic Migration Policy with membership drawn from key Government Departments including the Department of Transport, who as lead policy departments for the sectors specifically related to these occupations, may provide observations on the occupation under review.
An occupation may be considered for inclusion in, or removal from, the Occupations Lists where evidence supports that no suitable Irish/EEA nationals are available to undertake the work; development opportunities are not undermined; genuine skills shortages exist; and recruitment or retention issues are affected by factors other than salary and/or employment conditions.
The occupation of motor mechanic is currently on the Ineligible Occupations List and, as such, an employment permit cannot be granted at present for this occupation.
My Department launched a review of the occupation lists on Monday 26th June 2023. Stakeholders and interested parties were invited to make a submission in relation to any relevant factors that they consider are impacting their sectors and for the Department to potentially make adjustments to the lists.
The final date for submissions was 5pm, Friday, 18th August 2023. I can confirm that my Department has received submissions in relation to the occupation of motor mechanics. The data from each submission is being extracted and reviewed and my Department are planning to conclude and announce our findings by the end of October.
229. Deputy Holly Cairns asked the Minister for Enterprise, Trade and Employment to detail the preparations being undertaken by his Department in advance of the European Accessibility Act (Directive (EU) 2019/882); the guidance that is being issued by his Department to organisations and businesses in advance of the enactment of the directive; and if he will make a statement on the matter. [39665/23]
View answerThe European Accessibility Act (EU) 2019/882 will introduce mandatory minimum accessibility requirements for certain products and services across the European Union.
I understand that work is currently being carried out by the Department of Children, Equality, Disability, Integration and Youth to transpose the requirements set out in this Act ahead of considering its implementation phase.
230. Deputy Colm Burke asked the Minister for Enterprise, Trade and Employment if he will consider the inclusion of automobile engineering in his Department's critical skills occupations list, in view of the critical shortage of qualified automotive mechanics in the motor industry; and if he will make a statement on the matter. [39696/23]
View answerIreland operates a managed employment permits system, maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The regime is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills or labour shortages in the State in the short to medium term.
The Occupational Lists (Ineligible Occupations List and Critical Skills Occupation List) for employment permits are subject to evidence-based review incorporating consideration of available research, and a public consultation which provides stakeholders with an opportunity to submit data on the extent of skills or labour shortages. Submissions to the review are considered by the Interdepartmental Group on Economic Migration Policy with membership drawn from key Government Departments including the Department of Transport, who as lead policy departments for the sectors specifically related to these occupations, may provide observations on the occupation under review.
An occupation may be considered for inclusion in, or removal from, the Occupations Lists where evidence supports that no suitable Irish/EEA nationals are available to undertake the work; development opportunities are not undermined; genuine skills shortages exist; and recruitment or retention issues are affected by factors other than salary and/or employment conditions.
The occupation of automobile engineer (mechanic) is currently on the Ineligible Occupations List and, as such, an employment permit cannot be granted at present for this occupation.
My Department launched a review of the occupation lists on Monday 26th June 2023. Stakeholders and interested parties were invited to make a submission in relation to any relevant factors that they consider are impacting their sectors and for the Department to potentially make adjustments to the lists.
The final date for submissions was 5pm, Friday, 18th August 2023. I can confirm that my Department has received submissions in relation to the occupation of automobile engineer (mechanic). The data from each submission is being extracted and reviewed and my Department are planning to conclude and announce our findings by the end of October.
231. Deputy Violet-Anne Wynne asked the Minister for Enterprise, Trade and Employment what strategies he will employ with respect to reducing the commercial vacancy rate in a town (details supplied); and if he will make a statement on the matter. [39736/23]
View answerThe Town Centre First (TCF) Policy was jointly developed by the Department of Housing, Local Government and Department of Heritage and Rural and Community Development, which aims to tackle vacancy, combat dereliction and breathe new life into our town centres. It supports the Our Rural Future vision for a thriving rural Ireland which is integral to our national economic, social, cultural and environmental wellbeing and development.
My colleagues Darragh O’Brien T.D., Minister for Housing, Local Government and Heritage and Heather Humphreys T.D., Minister for Rural and Community Development are best placed to assist further as the TCF fall under the remits of their Departments.
In December 2021, Minister Humphreys announced €2.6m in funding for 26 towns for the development of Town Centre First Plans. These 26 towns were nominated by local authorities and approved by the Minister.
A Town Centre First Plan reimagines the potential of an individual town and focus in particular on its town centre and immediate surrounds and identify potential future projects in the area. The Plan will be bespoke to each town and will identify specific interventions including tackling dereliction and vacancy, promoting town centre living, maintaining a strong local economy, creating high value job opportunities, and promoting compact growth.
For example, Clare Local Authority was awarded funding to complete a TCF Plan for Sixmilebridge. This Plan has now been completed and can be viewed www.clarecoco.ie/services/economic-development/town-centre-first/sixmilebridge/
The Department is currently making preparations for a further phase of the Town Centre First Plan Initiative, which is expected to be finalised and announced shortly.
Town Regeneration Officers (TRO) are being appointed across the 26 rural local authorities as a key driver of the policy at local level. A TRO has been appointed within Clare County Council. They will support local towns and Town Teams, acting as a key link to the local authority. They will support the establishment and ongoing work of Town Teams, providing technical, communications, administrative and project management support to Town Teams and supporting access to funding.
TRO's will ensure the development and delivery of Town Centre First at a local level. TRO’s work closely with the multi-disciplinary technical teams in local authorities, including for example Vacant Homes Officers, building linkages with the Town Team and other stakeholders in order to tackle issues regarding rural regeneration, including the issue of vacancy and dereliction.
232. Deputy Violet-Anne Wynne asked the Minister for Enterprise, Trade and Employment what strategies he will employ with respect to reducing the commercial vacancy rate in a town (details supplied); and if he will make a statement on the matter. [39737/23]
View answerThe Town Centre First (TCF) Policy was jointly developed by the Department of Housing, Local Government and Department of Heritage and Rural and Community Development, which aims to tackle vacancy, combat dereliction and breathe new life into our town centres. It supports the Our Rural Future vision for a thriving rural Ireland which is integral to our national economic, social, cultural and environmental wellbeing and development.
My colleagues Darragh O’Brien T.D., Minister for Housing, Local Government and Heritage and Heather Humphreys T.D., Minister for Rural and Community Development are best placed to assist further as the TCF fall under the remits of their Departments.
In December 2021, Minister Humphreys announced €2.6m in funding for 26 towns for the development of Town Centre First Plans. These 26 towns were nominated by local authorities and approved by the Minister.
A Town Centre First Plan reimagines the potential of an individual town and focus in particular on its town centre and immediate surrounds and identify potential future projects in the area. The Plan will be bespoke to each town and will identify specific interventions including tackling dereliction and vacancy, promoting town centre living, maintaining a strong local economy, creating high value job opportunities, and promoting compact growth.
For example, Clare Local Authority was awarded funding to complete a TCF Plan for Sixmilebridge. This Plan has now been completed and can be viewed www.clarecoco.ie/services/economic-development/town-centre-first/sixmilebridge/
The Department is currently making preparations for a further phase of the Town Centre First Plan Initiative, which is expected to be finalised and announced shortly.
Town Regeneration Officers (TRO) are being appointed across the 26 rural local authorities as a key driver of the policy at local level. A TRO has been appointed within Clare County Council. They will support local towns and Town Teams, acting as a key link to the local authority. They will support the establishment and ongoing work of Town Teams, providing technical, communications, administrative and project management support to Town Teams and supporting access to funding.
TRO's will ensure the development and delivery of Town Centre First at a local level. TRO’s work closely with the multi-disciplinary technical teams in local authorities, including for example Vacant Homes Officers, building linkages with the Town Team and other stakeholders in order to tackle issues regarding rural regeneration, including the issue of vacancy and dereliction.
233. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment if he is aware of reports within the tech industry whereby employers have continued to make 29 roles redundant each month across Ireland in order to not trigger the 30-employee requirement (given the size of the business) which would fall under a collective redundancy, and notice would need to be given before entering into a consultation period, given that employees facing these situations are often left in the dark, with minimal notice, support, or recourse; and if he will advocate for stronger protections for employees in Ireland's tech industry and beyond including, protection against silent layoffs, increased statutory redundancy payment, support for affected workers and increased transparency. [39776/23]
View answerIreland has a robust framework of legislative protections and supports for workers who are impacted by redundancy. This includes:
• Protection of Employment Act 1977, as amended, which implements EU Directive 98/59/EC and requires employers in collective redundancy situations to consult with employees’ representatives and to notify the Minister for Enterprise, Trade and Employment before implementing redundancies.
• Redundancy Payments Act 1967, as amended, which requires employers to pay statutory redundancy payment to eligible employees with more than two years’ service. Employers are also required to give at least two weeks’ notice under this Act before implementing a redundancy, distinct from any other statutory or contractual rights to minimum notice.
• Minimum Notice and Terms of Employment Act 1973, as amended, which obliges employers to give a certain level of notice to employees prior to dismissal, with the length of such notice depending on the employee’s length of service,
• Unfair Dismissals Act 1977, as amended, which protects employees with more than one year’s service from Unfair Dismissals.
The Protection of Employment Act 1977, as amended, defines a collective redundancy as where, during any period of 30 consecutive days, the employees being made redundant are:
• 5 employees where 21-49 are employed,
• 10 employees where 50-99 are employed,
• 10% of the employees where 100-299 are employed,
• 30 employees where 300 or more are employed.
Where redundancies occur which are outside the parameters of collective redundancies, employers are still legally obliged to conduct the redundancy process fairly and to use a reasonable selection criteria in choosing to make people redundant. In accordance with the principles of fair procedures and natural justice, any such process should normally include a consultation with potentially affected employees.
Employees have a right to make a complaint to the Workplace Relations Commission (WRC) under a wide variety of employment legislation. Where a complaint is upheld, the WRC may award redress or compensation.
For example, if an employee believes a genuine redundancy has not occurred or that they were unfairly selected for redundancy, it is open to them to make a complaint to the Workplace Relations Commission (WRC) under the Unfair Dismissals Act 1977, as amended. If the WRC upholds the complaint, the employee may be reinstated, re-engaged or awarded up to 2 years’ remuneration as compensation for unfair dismissal.
In May 2023, Minister Calleary and I announced that Government approved the priority drafting of the Plan of Action on Collective Redundancies following Insolvency Bill 2023. Among the changes announced in this legislation includes providing further mechanisms for employees to seek redress under the Protection of Employment Act 1977. This change will extend employees’ right to make a complaint to the WRC if they are made redundant prior to the expiry of the 30-day period after the Minister is notified of the proposed collective redundancies.
Legislative provisions governing redundancy entitlements and obligations represent a very measured and balanced position for both employees and employers. As is the general practice with changes to employment law, consultation with both employer and employee representative groups is necessary for any amendments to legislation.
234. Deputy Sean Sherlock asked the Minister for Enterprise, Trade and Employment if he is aware of an online retail site (details supplied), accessed via private agent filters that undercuts retail prices on clothing goods in Ireland; the view of his Department on the impact that site is having on the retail sector here in the State; and if he will publish all research, if any, that his Department has carried out on this issue. [39845/23]
View answerAs you know, I chair the Retail Forum which was established to allow key issues of relevance to the retail sector to be discussed. This issue has not been raised by any member of the group, which represents a range of retail types, and so I am not aware of the online retail site the Deputy refers to or of its impact on the Retail Sector.
The transition to online shopping was accelerated during the COVID-19 pandemic and consumers’ retail habits have changed significantly.
The Online Retail Scheme was introduced and developed by the Department of Enterprise, Trade and Employment in conjunction with Enterprise Ireland as part of the ongoing work of the Retail Forum.
The Scheme’s purpose is to develop resilience of the domestic retail enterprise sector through enhancing online sales capabilities to drive productivity and increase competitiveness and subsequently scale businesses in international markets.
In the latest round of the Online Retail Scheme, that closed for applications on 3 May 2023, 98 retailers are to receive €2.3 million in funding, with 79% of successful applicant companies based outside of Dublin.
Recipients from this call are located throughout Ireland and are from a number of Retail sectors, including hardware, pharmacy, clothing and furniture.
Since 2018 more than 850 projects from retailers based in Ireland have been approved for €30.7 m in funding through the Government’s Online Retail Scheme.
235. Deputy Violet-Anne Wynne asked the Minister for Enterprise, Trade and Employment how he intends to resource a plan (details supplied); and if he will make a statement on the matter. [40049/23]
View answerIn line with a commitment under the Programme for Government, the independent Shannon Estuary Economic Taskforce published its Final Report including an action plan with proposed action owners on 8th July 2023 enterprise.gov.ie/en/publications/publication-files/shannon-estuary-economic-taskforce-report.pdf.
Among its recommendations were that the Department of Enterprise, Trade, and Employment (DETE) coordinate the response to the Taskforce’s proposed actions across Government, Agencies, and those Authorities to which ownership of those actions is assigned. This follows DETE’s role in providing secretariat support to the independent Taskforce during its lifetime.
My Department has initiated this coordination exercise. When responses have been received from across the public system, they will be collectively considered at a cross-Government Senior Officials Group on the Economy and Investment chaired by the Department of the Taoiseach and reporting to the Cabinet Committee on the Economy and Investment as recommended by the Taskforce.
Consistent with views from the Taskforce, I established and resourced an Offshore Wind Strategy Unit in DETE tasked with delivering an Industrial Strategy for Offshore Wind. It is actively assessing how Ireland can maximise the economic opportunities associated with our offshore wind ambitions and working closely with the Offshore Wind Delivery Taskforce led by the Department of Environment, Climate and Communications.
236. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 161 of 23 May 2023, the number of vacancies across Enterprise Ireland and the IDA. [40135/23]
View answerEnterprise Ireland have advised that the current number of vacancies, in Ireland and across their global network, is 83.5. All vacancies are at varying stages in the recruitment process. The vacancy figure includes some posts where candidates have been identified and are expected to commence in Q4 2023.
IDA Ireland have advised that they currently have 13 vacancies.
237. Deputy Cormac Devlin asked the Minister for Enterprise, Trade and Employment to detail the arrangements around the new Employment Regulation Order for PSA operatives, including the commencement date and backdating (if applicable); and if he will make a statement on the matter. [40164/23]
View answerI signed the Employment Regulation Order (ERO) for the Security Industry on 25th August 2023, with a commencement date of the 4th September 2023. The ERO provides for approximately 16,000 workers who saw their minimum rate of pay rise from €11.65 to €12.90 per hour. The ERO is only legally enforceable from the 4th of September; there is no provision for backpay.
The ERO is available on the Department of Enterprise, Trade and Employment’s website.
238. Deputy Mairéad Farrell asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 1601 of 11 September 2023, if, given that the Minister for Health has confirmed that under company law issues relating to the refunding of fees are the responsibility of the Department of Enterprise, Trade and Employment, his Department is aware of the approximately 200 patients in Galway that paid approximately €2 million for orthodontal treatment in a clinic (details supplied) which was not provided and have yet to be compensated; and if so, if his Department is considering any action. [40193/23]
View answerMy Department has no role in relation to the matter referred to which I am informed is before the Courts and as such I do not intend to comment in any specific way.
In general terms the Consumer Rights Act 2022 provides strong and clear consumer rights and remedies when buying goods and services. If a business has not met its legal obligations in relation to providing a service it has to fix the issue. If a business does not fix the issue as set out in the Consumer Rights Act 2022, a consumer can take other actions.
The Consumer Rights Act 2022 does not apply to contracts concluded prior to the commencement of the Act on 29 November 2022 and in those circumstances the Sale of Goods and Supply of Services Act 1980 applies to certain consumer goods and services contracts. Under the 1980 Act, when a consumer pays for a service they can expect the service is carried out with proper care and attention. If this is not the case, a consumer is entitled to revert to the service provider and seek for them to either put right the wrong or provide a?full or partial refund of the amounts paid. Consumers may also submit a formal complaint to the business seeking a refund. Failing a satisfactory outcome at this stage there may be a number of options available to pursue the matter further.
The Small Claims Process (SCP), is one such option which can accept cases up to the value of €2,000 and further information on the Small Claims Procedure, is available on the Competition and Consumer Protection Commission (CCPC) website, ccpc.ie.
In respect of company law, the Companies Act 2014 sets down a framework and directors and companies are expected to operate within its requirements.
239. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment to provide details on the measures his Department has taken to implement specific action points (details supplied) of the action plan to support the National LGBTI+ Inclusion Strategy 2019-2021. [40229/23]
View answerIn respect of the actions set out in the National LGBTI+ Inclusion Strategy 2019-2021 and the specific action points referred to by the Deputy, I have set out below some of the activities that my Department has undertaken and is in the process of implementing.
In October 2021, the Department’s People Strategy 2021-2024 was launched. Goal 3 of the Strategy aims to “Build an Inclusive and Supportive Workplace”. A key element required to achieve this objective is enhancement of the Department’s approach to Equality, Diversity and Inclusion (ED&I). This is in line with the Department’s obligations as a public body under the Irish Human Rights and Equality Commission Act, 2014 and the Civil Service Renewal 2024 Action Plan. It is also a key tenant of our efforts to become an Employer of Choice.
As part of the Department's Learning and Career Development offering, my Department has over recent years managed a diverse programme of events to support learning and awareness particularly around LGBTI+ issues, including information sessions hosted by Transgender Equality Network Ireland (TENI) which focused primarily on gender expression, and "How to be an Ally" hosted by the then Department of Justice and Equality, focusing on supporting the equal civil rights and gender equality of members of the LGBTQIA+ community.
The Department's LGBTQIA+ staff-led network, ‘Pride in Enterprise’, held its inaugural meeting on the 1st of May 2019 and meets quarterly every year. The Network is for members of the LGBTQIA+ community and allies alike and is an avenue of support to colleagues in the Department who are members of the LGBTQIA+ community, as well as LGBTQIA+ allies, including parents who work in the Department whose children may be members of the Community. The network, with the support of my Department, organises regular events including representation at the annual Pride parade. The network is also actively connected to other LGBTQIA+ networks in other Departments.
More broadly, in February 2023 my Department published its first Equality, Diversity and Inclusion statement, which sets out the principles we work by, and the actions we undertake, to ensure compliance with this legislation and ensure we are promoting equality, diversity and inclusion as an employer and public body.
Work is currently underway to develop the Department’s ED&I Strategy which will detail the actions required to advance the Department’s ED&I objectives over the next three to four years. The strategy will set out a coherent structure and direction for my Department’s approach to ED&I, including broadening our focus on diversity across all nine grounds covered by equality legislation including sexual orientation.
The Department is an equal opportunities employer and will continue to drive equality, inclusion and diversity through the embedding of the above actions and the creation of new actions through its ED&I policy.
My Department also offers self-guided eLearning on “Equality and Human Rights in the Public Service” created by The Irish Human Rights and Equality Commission. Through its training and education offerings my Department remains committed to promoting inclusion, acceptance and awareness of the LGBTQIA+ community as it continues to drive its Equality, Diversity and Inclusion agenda.
240. Deputy Eoin Ó Broin asked the Minister for Enterprise, Trade and Employment to confirm whether the NSAI has lost or recently lost any of its international credit actions; if so, to explain the reasons; and if he will make a statement on the matter. [40306/23]
View answerOn 11th July 2023 the Irish National Accreditation Board (INAB) suspended the National Standards Authority of Ireland (NSAI) under ISO/IEC 17021-1 in respect of certain certification functions. The suspension was on foot of a number of non-conformances which arose from an audit of NSAI’s accreditation under ISO/IEC 17021-1 conducted by INAB in June 2023. The suspension in relation to ISO 17021 does not require any notification to the European Commission as it relates to management systems and not products. NSAI was in a position to continue to provide auditing services under ISO 9001 and ISO 14001 as long as it complied with certain criteria.
NSAI continued to work closely with INAB during the suspension period by providing the technical information required by INAB. This led to the suspension being lifted by INAB on 1st September 2023 i.e., NSAI’s accreditation under ISO/IEC 17021-1 is now restored.
INAB is an independent body. Accreditation is the independent assessment of conformity assessment bodies to ensure that conformity assessment bodies have the technical capacity to perform their duties. Therefore, INAB must be able to carry out its activities in an independent manner. As such, day to day operational matters in relation to the awarding and/or suspension of accreditation is a matter for INAB - the Minister has no role in these operational matters.
241. Deputy Marian Harkin asked the Minister for Enterprise, Trade and Employment for an update on a work permit and visa application by a person (details supplied); and if he will make a statement on the matter. [40327/23]
View answerThe Employment Permits Section of the Department informs me that a Sports and Cultural Employment Permit application for the person concerned in the details supplied was received on 28th August 2023.
As of 18th September 2023, the Employment Permits Section are processing new applications in respect of standard employers received on 23rd August 2023. It is therefore expected that the application concerned in the details supplied will be considered shortly.
Due to the significant improvement in the processing times in respect of Employment Permits, an application to have an Employment Permit expedited can only be considered in exceptional circumstances. Each request is considered on a case-by-case basis, and a detailed business case must be provided.
Expedite requests can be submitted to the Department on the attached form and sent to Employmentpermits@enterprise.gov.ie for consideration. It is important to note that the completion of a business case does not guarantee that an expedite will be facilitated.
The Employment Permits processing times are updated on a weekly basis at the following link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates/.
There is also an Online Status Update Enquiry - where details on a particular application can be found on the following link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Employment-Permit-Status-Form/.
Immigration permissions, including visa applications, are a matter for my colleague, the Minister for Justice and Equality, and visa-related queries should be directed to that Department.
242. Deputy Peadar Tóibín asked the Minister for Enterprise, Trade and Employment to provide a list of all studies, research and reports commissioned by his Department that were outsourced, in each year since the formation of this Government, in tabular form; the names of the companies to which each study, research and report was outsourced; the total cost for each; the number of reports finalised and presented to him that have yet to be released by his Department; the dates on which any such reports yet to be released were first provided to him; and if he will make a statement on the matter. [40368/23]
View answerThe information requested is currently being collated by my Department and will be forwarded directly to the Deputy as soon as it is finalised.
