Thursday, 25 Jan 2024

Written Answers Nos. 214-221

Legislative Measures

Questions (214)

Paul Murphy

Question:

214. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment for an update on his Department’s dealings with the European Commission in relation to its finding in May 2022 that Irish legislation was not in compliance with an EU directive; to give an update on the Government's response to the infringement notice served by the Commission on the noncompliance of Irish legislation; if it is the policy of the Irish Government to insist that Irish legislation is in compliance with the EU directive; if his Department has conveyed a position to the European Commission on the infringement notice; if so, if the Commission has responded; and if he will make a statement on the matter. [3441/24]

Written answers

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

In May 2022 a letter of formal notice was adopted by the European Commission in relation to Infringement INFR(2022)4021: Non-conformity of Irish legislation with the European Works Councils Directive 2009/38. The complaint alleged that rights under the Directive cannot be effectively enforced in Ireland.

My Department responded to the case by meeting with the Commission and replying in writing in November 2022. It remains the position of Department officials that the provisions of the 1996 Act as amended fully meet the requirements of the Directive.

I understand that a European Works Council (EWC) is in place in the company which was the subject of the infringement proceedings and that the first decisions under Ireland’s legislation on European Works Councils were published by the Workplace Relations Commission during 2023.

It might also be noted that the European Commission is expected to finalise a proposal for a revised EWC directive in early 2024.

Human Rights

Questions (215)

Brian Leddin

Question:

215. Deputy Brian Leddin asked the Minister for Enterprise, Trade and Employment for an update on his Department's engagement with the Department of Foreign Affairs with a view to developing a new business and human rights action plan and implementation body; the status of the business and human rights stakeholder forum, and if it has been re-convened to date; and if he will make a statement on the matter. [3527/24]

Written answers

Minister for Enterprise, Trade and Employment

I recognise the importance of businesses having a focus on human rights. It is now expected by society that businesses consider how their operations can impact on human rights. Businesses have reacted well since Ireland launched its first National Plan on Business and Human Rights (2017 -2020) towards the end of 2017.

Ireland became the 19th state in the world to develop a National Plan. In December 2021, a review of the implementation of the Plan was brought to Government. It found that over 91% of commitments under the Plan were achieved, with plans to implement the remainder.

Stakeholder engagement is an important part of developing the second National Plan. In advance of the initiation the new forum, a public consultation was launched last summer and closed in September 2023 which sought the opinions of interested stakeholders to inform the development of the second Plan. Eleven submissions, from business representatives, trade unions, human rights organisations and academia, were received as part of a public consultation process which took place over the summer.

The first stakeholder forum took place on 14 December 2023, involving representatives of Government, civil society and business, including officials from my own Department. The purpose of this forum meeting was to draw out common themes that emerged from the public consultation process, and to seek clarification on or elaborate certain recommendations, with a view to establishing the likely scope and content of the new National Plan.

The new Plan is expected to cover a multi-annual timeframe as was covered in the first Plan. The new National Plan is intended to build on the achievements of the first National Plan, while reflecting new developments in the international understanding of business and human rights, including new EU instruments. It will also align with the commitment in the Programme for Government to ‘ensure that the Action Plan on Business and Human Rights is further developed to review whether there is a need for greater emphasis on mandatory due diligence’.

Legislative Measures

Questions (216)

Brian Leddin

Question:

216. Deputy Brian Leddin asked the Minister for Enterprise, Trade and Employment the plans of the Government to legislate to transpose the Corporate Sustainability Due Diligence Directive; and if he will make a statement on the matter. [3528/24]

Written answers

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

Provisional agreement was reached in respect of the proposed Corporate Sustainability Due Diligence Directive (CSDD) at the last trilogue meeting in mid-December 2023. Further work is needed at a technical level in order to finalise the text of the Directive and this work remains ongoing. An updated text reflecting this work is awaited.

Subject to formal endorsement at EU level by Council & the European Parliament, it is expected that the Directive will take effect by mid-2024. Thereafter, Member States will have two years to transpose the CSDD. There will be a phased approach to the implementation of the Directive with obligations applying to very large companies (1,000 employees and €300m turnover) three years post transposition; to large companies after four years; and to smaller companies, in specified high-risk sectors, after five years.

This is a complex proposal with far-reaching implications for companies and stakeholders and my Department will continue to engage with stakeholders during the transposition process.

Legislative Measures

Questions (217)

Brian Leddin

Question:

217. Deputy Brian Leddin asked the Minister for Enterprise, Trade and Employment for an update on the timeline for when he expects the Co-operative Societies Bill 2022 to be drafted; when he expects the Bill to be passed; and if he will make a statement on the matter. [3529/24]

Written answers

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

The Office of the Parliamentary Counsel, in consultation with my Department, is in the process of drafting the Co-operative Bill 2022. The legislative proposals represent the most far-reaching reform of the legislation regarding Co-operative Societies in 130 years. The proposals will consolidate, modernise and strengthen the legislative basis for the sector and enshrine the co-operative model in legislation for the first time. This will allow co-operatives to operate under a modern, fit for purpose legislative framework, and provide an attractive alternative to the company law model for those entities who subscribe to the co-operative ethos.

Due to the length of the Bill and its complex nature, it is not envisaged that drafting will be finalised and the Bill brought to Government for publication until Quarter 2 of this year. There has been strong support for modernising the legislation governing the co-operative model, and my Department has been in continued engagement with the relevant stakeholders to develop the Bill. I look forward to the support of Members of both Houses with a view to facilitating early enactment.

Work Permits

Questions (218)

Bernard Durkan

Question:

218. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment if and when a work permit will be renewed in the case of a person (details supplied); and if he will make a statement on the matter. [3675/24]

Written answers

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

The Employment Permits Section of the Department informs me that the General Employment Permit held in respect of the person concerned (in the details supplied) is due to expire on 14th November 2024.

Renewal applications may be submitted 16 weeks prior to the expiry of the permit (in this case 14th November) or within the period of 1 month after the expiry date.

It is important to note that when applying for an employment permit renewal in respect of a Health Care Assistant, they are required to have attained a relevant QQI Level 5 qualification after two years employment in the State. Evidence of this will be required at renewal stage.

All renewal employment permit applications must comply with all of the legislative requirements for the particular employment permit type.

Information is provided on the Department’s website in respect of employment permits including information regarding each permit type, the requirement to undertake a Labour Market Needs Test, list of occupations ineligible for an employment permit, Checklist documents for a General and Critical Skills Employment Permit and an FAQ document which answers the majority of the most common questions, all of which are available through this link – enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/.

School Enrolments

Questions (219)

Cian O'Callaghan

Question:

219. Deputy Cian O'Callaghan asked the Minister for Education further to Parliamentary Question No. 667 of 17 January 2024, if she will provide a map in pdf form of the school planning areas that make up the constituency of Dublin bay north; and if she will make a statement on the matter. [3438/24]

Written answers

Minister for Education

In order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas and uses a Geographical Information System, using data from a range of sources, including CSO Census data, Child Benefit and school enrolment data, to identify where the pressure for school places across the country will arise and where additional school accommodation is needed at primary and post-primary level.

The constituency of Dublin Bay North covers a number of  school planning areas including:

• Killester_Raheny_Clontarf,

• Donaghmede_Howth_D13,

• Beaumont_CoolockD5,

• Darndale_D17, and

• Drumcondra_Marino_D1

The Department has undertaken to make SPA maps available and they can be found online at the link below.

education-statistics-doeirl.hub.arcgis.com/datasets/bbdf93d83276489dbdcc0be2ee77aec0_0/explore.

Public Sector Pay

Questions (220, 240)

Cian O'Callaghan

Question:

220. Deputy Cian O'Callaghan asked the Minister for Education if she is aware of an ongoing campaign by an organisation (details supplied) to review the teaching through Irish-medium allowance; if she will engage with the organisation on this issue with the view to introducing a fairer and more equal system for Irish-medium teachers; and if she will make a statement on the matter. [3439/24]

Willie O'Dea

Question:

240. Deputy Willie O'Dea asked the Minister for Education if she will consider reintroducing the allowance for teachers in Irish-medium and Gaeltacht schools, particularly in light of the significant difficulties faced in filling vacant positions in recent years; and if she will make a statement on the matter. [3484/24]

Written answers

Minister for Education (Deputy Norma Foley)

I propose to take Questions Nos. 220 and 240 together.

My Department implemented the outcome of the public service-wide review of allowances and premium payments (September 2012) by the Department of Public Expenditure and Reform which means that many allowances, including this one, were no longer payable to “new entrant” Teachers.

Circular 0008/2013 outlines the effect of this review on teachers.  In common with a number of job-role based allowances, sanction for payment to new beneficiaries of the Teaching through Irish Allowance and Gaeltacht Allowance was withdrawn from 1st February 2012 under the terms of the Circular.  Furthermore, if a teacher was eligible for receipt of the allowance prior to 1st February 2012 and subsequently left that job role on or after 1st February 2012 on a voluntary basis, their entitlement to the allowance ceases from the date of the move and they cannot re-gain entitlement.

Additional amendments to Teacher Terms and Conditions, including pay and allowances, can only be achieved through engagement and collective bargaining agreements between the Government and the public service unions. Over the course of recent collective agreements amendments have been agreed including that “new entrant” teachers had the equivalent of an honours primary degree allowance integrated into their salary scale.

Any further amendments to alter the allowances paid to teachers, whether “new entrant” or not, give rise to significant cost issues and should, as mentioned, be part of engagement and collective agreements between Unions and Government. Any review of the eligibility criteria for qualification allowances can occur only under that process.

School Curriculum

Questions (221)

Michael Healy-Rae

Question:

221. Deputy Michael Healy-Rae asked the Minister for Education if it is normal practice in a secondary school to teach subjects to both 5th and 6th year students at the one time; if this is allowed; and if she will make a statement on the matter. [3440/24]

Written answers

Minister for Education

Teacher allocations for post-primary schools are approved annually by the Department of Education in accordance with established rules based on recognised student enrolment. The deployment of this allocation is a matter for school leadership and management.

Circumstances may arise, especially in smaller post-primary schools, in which the most effective use of available resources involves the timetabling of a particular subject for two year groups at the same time. This may be used to enable the school to offer a particular subject that is not currently studied by a large number of students.

Such an arrangement requires great care in the sequencing of content to ensure breadth, balance, continuity and progression in the learning of all of the students concerned.