Tuesday, 24 Oct 2023

Written Answers Nos. 228-242

Employment Rights

Questions (230)

Thomas Pringle

Question:

230. Deputy Thomas Pringle asked the Minister for Enterprise, Trade and Employment the conditions of the employment of a group (details supplied); and if he will make a statement on the matter. [46359/23]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

The Protection of Employment Act 1996 sets out different rules for young workers, depending on their age. Workers aged 14 and 15 are classed as ‘children’. Workers aged 16 and 17 are classed as ‘young persons’.

Young persons aged 16 and 17 years are not permitted to start work before 6.00 a.m. They must finish work at 10.00 p.m. on days preceding a school day. They may work up to 11.00 p.m. on days where they have no school the next day: in such instances they must not start work before 7.00 a.m. the next day. Work past 10.00 p.m. is subject to Ministerial approval by Regulation.

Young persons aged 16 and 17 years must be given a 30-minute break after working 4½ hours. They are entitled to 12 hours off in every 24 hours and 2 days off in every 7 days.

In addition to the normal statutory records employers must keep the following records for children and young persons employed by them -

• full name

• date of birth

• time work begins each day

• time work finishes each day

• rate of wages or salary paid per day, week, month or year, as appropriate

• total amount of wages or salary paid to each person

Employers must also post up, in a suitable location accessible to staff, a copy of a poster issued by the Workplace Relations Commission which outlines the child's or young person's rights and entitlements.

The law on young workers employed in licensed premises is set out in the Protection of Young Persons Act 1996 (Employment in Licensed Premises) Regulations 2001. These Regulations provide that during school term, young persons  can only work until 11pm on a day that is not immediately before a school day. A special Code of Practice Concerning the Employment of Young Persons in Licensed Premises is in place governing employment of 16 and 17 years olds, and which must be signed by the employer, the employee and his/her parent or guardian.

Trade Agreements

Questions (231)

Catherine Murphy

Question:

231. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the up-to-date position regarding the free trade agreement between the EU and Australia. [46481/23]

Written answers

Minister for Enterprise, Trade and Employment

FTA negotiations between the EU and Australia were launched in July 2018 and significant progress has been achieved to date, though the agreement has yet to be formally concluded by the parties.

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. 

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

Discussions are nearing conclusion with the intention of both parties to reach a balanced agreement in the coming months.

State Bodies

Questions (232)

Catherine Murphy

Question:

232. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if IDA Ireland has a presence in South Korea. [46482/23]

Written answers

Minister for Enterprise, Trade and Employment

As the Deputy will appreciate, IDA Ireland presents prospective investors with value propositions tailored to meet their particular requirements and partners with clients to help them to grow or expand their international operations in Ireland. In this regard, the IDA has offices in 25 overseas locations, covering 55 countries, and continuously reviews its strategic approach to winning investment for Ireland.  

IDA maintains an office in Seoul as part of Ireland House Korea. The Korean market is managed currently by IDA’s Director Japan & Korea based in Tokyo, who travels regularly to Korea.

I am advised that IDA Ireland are focused on re-building the FDI pipeline from Asia Pacific post-Covid and the Agency continues to monitor its footprint across the region to align with market opportunities.

Trade Agreements

Questions (233)

Catherine Murphy

Question:

233. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the up-to-date position regarding the free trade agreement between the EU and India. [46483/23]

Written answers

Minister for Enterprise, Trade and Employment

The EU and India are negotiating three agreements in parallel: a Free Trade Agreement; an Investment Protection Agreement; and an agreement on Geographical Indications. Six rounds of negotiations have taken place to date, the most recent taking place in Brussels on 16-20 October.  

Before the latest round of negotiations, it was acknowledged that divergences remain between both sides and that negotiators were focused on narrowing textual differences across the chapters. 

In relation to market access offers, the EU’s initial market access offer was tabled in July 2023 and excluded the most sensitive agriculture products for Ireland.  

The Indian market access offer which was tabled in August, excludes some sensitive agriculture products but it includes a staged liberalisation on certain products of Fresh Chilled and Frozen Meat, Seafood, Beverages and Animal Feed. India's market access offer in relation to public procurement opportunities for EU enterprises requires further development and progress in this area is expected during negotiations. 

It is hoped that the latest round of negotiations will consolidate chapter texts and will advance the market access offers made to date.

State Bodies

Questions (234)

Carol Nolan

Question:

234. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment to provide details of all agencies and bodies under the aegis of his Department; if a dedicated Oireachtas email address is available for each; if not, if he will direct that such a dedicated email address be established to facilitate more efficient communication; and if he will make a statement on the matter. [46541/23]

Written answers

Minister for Enterprise, Trade and Employment

My Department and the bodies under our aegis are committed to providing an efficient, timely, professional, and courteous service to all our customers.

The tables below list the email addresses at which members of the Oireachtas can contact the bodies under the aegis of my Department.

DETE Agencies	Email address
Corporate Enforcement Authority (CEA)	[e-mail]
Personal Injuries Assessment Board (PIAB)	[e-mail]
The Competition and Consumer Protection Commission (CCPC)	[e-mail]
Irish Auditing & Accounting Supervisory Authority (IAASA)	[e-mail]
Enterprise Ireland	[e-mail] or Jim Barry:  [e-mail]
IDA Ireland	[e-mail]; [e-mail]; [e-mail]
National Standards Authority of Ireland (NSAI)	[e-mail]
Health and Safety Authority	[e-mail]

DETE Offices	Email address
Intellectual Property Office of Ireland (IPOI)	[e-mail]
Companies Registration Office (CRO)	[e-mail]
Registry of Friendly Societies	[e-mail]
Registrar of Beneficial Ownership of Companies and Industrial and Provident Societies	[e-mail]
Labour Court	[e-mail]
Workplace Relations Commission (WRC)	[e-mail]

North/South Body	Email address
InterTradeIreland	[e-mail]

Other Bodies	Email address
Design & Crafts Council Ireland	[e-mail]

Local Government Reform

Questions (235)

Catherine Murphy

Question:

235. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment in the context of the Local Government Reform Act 2014, if he will provide a schedule of functions of his Department that have been devolved in full or in part, or are in the process of being devolved in full or in part; the date on which the devolutions commenced; and if he will indicate whether any function was returned to the Department subsequently. [46579/23]

Written answers

Minister for Enterprise, Trade and Employment

My Department have no functions currently devolved in full or in part nor are there plans to devolve in full or in part any functions under the Local Government Reform Act, 2014.  

Business Supports

Questions (236)

Emer Higgins

Question:

236. Deputy Emer Higgins asked the Minister for Enterprise, Trade and Employment if he could provide an overview of the new increased cost of business scheme; to confirm whether the scheme will be based on individual rate numbers rather than being per business; and if he will make a statement on the matter. [46654/23]

Written answers

Minister for Enterprise, Trade and Employment

The Increased Cost of Business Grant (ICOB) was a measure announced as part of Budget 2024. The grant will be paid to small and medium sized businesses who operate from a rateable premises. It is intended to be paid at a rate of up to half the enterprise’s commercial rates bill, subject to a prescribed limit. The grant will therefore be calculated with reference to the rates that a given business will pay. The payment is intended to aid firms but is not intended to directly compensate for all increases in wages, or other costs, for every business. It is also a grant – rather than a rates rebate or waiver – and firms should continue to pay their commercial rates as normal.

The technical details underpinning the scheme and the mechanism for delivering the payment are currently being developed. My officials will work together with officials from the Department of Housing, Local Government and Heritage will work together with the Local Authorities to finalise the details of the grant in the coming weeks.

Business Supports

Questions (237)

Joe Flaherty

Question:

237. Deputy Joe Flaherty asked the Minister for Enterprise, Trade and Employment if he will examine a bespoke scheme for the challenged horticulture sector as we move to the increased €12.70 minimum wage (details supplied). [46668/23]

Written answers

Minister for Enterprise, Trade and Employment

The Increased Cost of Business Grant (ICOB) was a measure announced as part of Budget 2024. The grant will be paid to small and medium sized businesses who operate from a rateable premises. It is intended to be paid at a rate of up to half the enterprise’s commercial rates bill in 2023, subject to a prescribed limit. The grant is intended to aid firms but is not intended to directly compensate for all increases in wages, or other costs, for every business. It is also a grant – rather than a rates rebate or waiver – and firms should continue to pay their commercial rates as normal.

In line with the recommendation of the Low Pay Commission on the 2024 National Minimum Wage, the rate will increase by €1.40 from €11.30 to €12.70 on January 1st 2024. While I am cognisant that this will represent an increased cost for business, this is a positive measure for workers. This represents a significant increase in the National Minimum Wage and is designed to increase the pay of minimum wage workers, in line with the Government’s decision to introduce a National Living Wage by 2026 set at 60 per cent of the median hourly wages in the economy. It is estimated that the National Minimum Wage, relative to median wages across the whole economy, will increase from 51.8 per cent in 2023 to 55.1 per cent of the forecast median wage in 2024.

It is important to be clear that this scheme is not designed to be an offset for increases to the minimum wage. I am not planning any scheme specific to the National Minimum Wage increase.

The technical details underpinning the ICOB scheme and the mechanism for delivering the payment are currently being developed. My officials will work together with officials from the Department of Housing, Local Government and Heritage will work together with the Local Authorities to finalise the details of the grant in the coming weeks.

Work Permits

Questions (238)

Joe Flaherty

Question:

238. Deputy Joe Flaherty asked the Minister for Enterprise, Trade and Employment if he will provide an update and timeline for the seasonal work permit scheme, given its introduction is crucial to the horticulture sector as Ireland moves to the €12.70 minimum wage. [46669/23]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

The Employment Permits Bill sets out to consolidate the existing employment permits legislation to create a more accessible statutory basis and greater flexibility for our economic migration system. A key feature of the Bill is the proposed introduction of the Seasonal Employment Permit.

The 2018 Review of Economic Migration Policy found that there is a clear role for time limited work permissions for seasonal contracts for typically 6-9 months, and that there is a strong demand for such a permit type. In May 2023 Government gave approval for the Department to proceed with legal drafting of provisions for a Seasonal Employment Permit.

To meet that demand, the Seasonal Employment Permit has been devised to cater for seasonally recurring short-term roles allowing non-EEA nationals to work in the State temporarily while retaining legal domicile in a third country. It is currently planned that the Seasonal Employment Permit will initially be introduced on a pilot basis in summer 2025 with a limited number of pre-registered Approved Seasonal Employers, and a limited number of SEPs in the horticulture (Fruit and Veg) sector.

It is intended that Dáil Report stage for the Employment Permits Bill 2022 will be scheduled during the autumn, subject to the completion of the draft text of the remaining amendments. Depending on Oireachtas scheduling and whether any further amendments are proposed, it is expected that the legislative process will be completed, and the Bill passed before the end of the year.

Departmental Schemes

Questions (239)

Pádraig O'Sullivan

Question:

239. Deputy Pádraig O'Sullivan asked the Minister for Enterprise, Trade and Employment if there will be an emergency humanitarian support scheme for businesses affected by severe flooding in Cork; and if he will make a statement on the matter. [46678/23]

Written answers

Minister for Enterprise, Trade and Employment

In the coming days I will be announcing the opening of a Scheme to provide an emergency humanitarian contribution to small businesses, community, voluntary and sporting bodies for damage caused by flooding arising from severe weather conditions caused by Storm Babet.

Under a Memorandum of Understanding with my Department, the Irish Red Cross administers the Scheme on behalf of my Department.

The scheme provides for a humanitarian support contribution towards the costs of returning small businesses (as defined up to 20 employees), sporting, voluntary and community premises to their pre-flood condition.  Given the unprecedented levels of damage caused by this storm, I will be looking at increasing the level of contributions available. I will seek Government approval to open the scheme on the 24th of October with full details available shortly thereafter.

Legislative Measures

Questions (240)

Catherine Murphy

Question:

240. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if he will provide an update in respect of enacting the Work Life Balance and Miscellaneous Provisions Act 2023 in full. [46706/23]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

The right to request remote working will be available to all employees under the Work Life Balance and Miscellaneous Provisions Act 2023. Under the Act, flexible working arrangements such as adjusted working patterns or reduced hours, will be available to parents and carers.

Under the Act, employers will be obliged to have regard to a Code of Practice when considering applications for flexible and remote working arrangements. Employees will be able to refer a dispute to the Workplace Relations Commission (WRC) where an employer fails to meet their obligations under the Act.

Work on the development of the Code of Practice is ongoing in the WRC since a public consultation closed in June of this year. The WRC have reviewed the consultation submissions received, as well as other relevant policy documents, research, and best practice in other jurisdictions as part of finalising a working draft Code.

I understand a working group has been established and a first meeting, attended by representatives from ICTU and Ibec, was held on 5th October at the WRC. It is anticipated that the group will meet every 2 weeks in order to complete the Code.

It is intended that the remote working provisions of the Act will be commenced as soon as practicable, following the completion of the Code.  

The Minister for Children, Equality, Disability, Integration and Youth is responsible for the commencement of provisions of the Act relating to the flexible working arrangements for parents and carers.

Job Losses

Questions (241)

Ivana Bacik

Question:

241. Deputy Ivana Bacik asked the Minister for Enterprise, Trade and Employment his views on the projected job losses at a plant (details supplied); his plans to ensure continued employment for affected staff; and if he will make a statement on the matter. [46721/23]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

Our first concern is for impacted staff (about 542) and their families and the local community and businesses in Limerick.

Minister Coveney, officials and Enterprise Ireland met senior management and decision makers from Nestle Switzerland on Friday 20th October last. The Minister stressed the importance of the site in the context of the local economy and the wider sector. The company assured the Minister that its primary focus is to support colleagues in Askeaton at this difficult time.

The parties had an open and frank conversation about the reasons for the proposed closure and options available. The company outlined its decision being in the context of global market dynamics. The company further outlined its intention to engage in a meaningful consultation with colleagues over the coming months.

The Minister and teams discussed plans to further engage with the company during the consultation timeframe and ensure that all supports are made available.

Enterprise Ireland will work with the company to explore all options for impacted employees. Enterprise Ireland has had a long standing and proactive relationship with Wyeth Nutritional’s. They currently have on going and extensive engagement across 3 priority areas:

- Sustainability/Decarbonisation

- Digital

- Research and Development.

In particular, Enterprise Ireland supported the recent establishment of the Wyeth Nutrition Global Innovation Centre and a number of specific R&D projects.

Teaching Qualifications

Questions (242)

Bríd Smith

Question:

242. Deputy Bríd Smith asked the Minister for Education if she will clarify whether the Teaching Council and the Department of Education have decided upon an alternative degree programme to substitute the BA in Montessori education from St. Nicholas Montessori College that currently enables teachers who do not have Irish to register under route 4 and take up permanent positions as special class and special education teachers; and if she will make a statement on the matter. [46697/23]

Written answers

Minister for Education

The Teaching Council is the professional standards body for the teaching profession, which promotes and regulates professional standards in teaching. The Teaching Council registers teachers under the Teaching Council Act 2001-2015 and in line with the Teaching Council Registration Regulations, 2016. The Council registers teachers under five routes of registration namely, Route 1 - Primary, Route 2 - Post-primary, Route 3 - Further Education, Route 4 - Other and Route 5 - Student Teacher. The minimum registration requirements for each route are set out in the Schedule of the regulations.

All initial teacher education programmes in Ireland that lead to registration must have professional accreditation from the Teaching Council. The Teaching Council's (Registration) Regulations 2016 set out the routes under which teachers are eligible to apply for registration. A degree in Early Childhood Teaching and Learning, while valuable, is not an accredited course nor does it meet the registration requirements under Route 4 Other of the Teaching Council Registration Regulations 2016 (formerly Regulation 3 Montessori and Other Categories of the 2009 Regulations).

Registration under Route 3 (Further Education) of the 2016 Regulations is the route of registration available where an accredited qualification in the primary or post-primary sector is not held. Applicants who apply under this route must hold a degree qualification but are not initially required to hold a teacher education qualification (TEQ). A relevant TEQ is required under Route 3. However applicants who meet the degree qualification requirements and who have not completed an accredited TEQ are eligible for conditional registration for a period of three years in which time this requirement must be completed.

The St. Nicholas Montessori College degree in Montessori Education has long-standing recognition with the Department of Education (DE) and was subsequently amalgamated into the Council’s Registration Regulations under Route 4. With the making of the 2016 Regulations it has been known that this is being phased out with a clear timeframe for same, which outlines that the qualification is only acceptable for registration under Route 4 Other where the application is made on or before 31 December 2023.

There are a number of Graduate and Post-graduate Diplomas in the field of Special Education which are approved by the Department of Education and can be used to add this sector to a teacher’s registration where the teacher also holds an accredited Primary teacher education qualification. The Teaching Council works within Department policy and central to this policy is that all teachers teaching children with Special Educational Needs should be qualified Primary or Post-primary teachers in the first instance and may then apply for one of the Department of Education recognised qualifications in Special Educational Needs as outlined in the DE circular 0044/2019.

The Department understands that there has been engagement between St Nicholas’s Montessori and the Teaching Council to discuss requirements should St Nicholas’s wish to submit an ITE programme to the Council for the purpose of review and accreditation. Any such engagement is subject to the Council’s schedule for programme accreditation, and is a matter for St Nicholas's and the Teaching Council in discharging its statutory functions.