Tuesday, 17 Jun 2014

Written Answers Nos. 298-322

State Bodies Code of Conduct

Ceisteanna (298)

Caoimhghín Ó Caoláin

Ceist:

298. Deputy Caoimhghín Ó Caoláin asked the Minister for Public Expenditure and Reform his plans to require organisations other than State bodies who receive significant sums from the Exchequer to abide by some of the provisions of the code of practice for the governance of State bodies such as a requirement to disclose in their annual reports the remuneration and fees paid to executive and non-executive directors; and if he will make a statement on the matter. [26050/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Code of Practice for the Governance of State Bodies is a document specifically for State Bodies taking account of their legal status and their reporting relationship with the Oireachtas, their sponsoring Minister and Department. The Code is currently under review by my Department.

In addition to this review, my Department, in a joint working group with the Comptroller and Auditor General, is reviewing the principles and procedures which apply to the management of and accountability for Exchequer grant funding. This includes Exchequer funding to all grantees, State Bodies or otherwise and will address, amongst other things, the issue of reporting requirements.

eGovernment Services

Ceisteanna (299)

Denis Naughten

Ceist:

299. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform if any evaluation of the comparable processing cost of an online versus a hard copy application form has been completed by his Department; the estimated cost of maintaining a system to continue to accept hard copy applications; the potential savings to move a 100% e-Government application process; and if he will make a statement on the matter. [26105/14]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Deputy will be aware that the continued rollout of eGovernment services has been a priority of this Government and many services have already been moved online. 

My Department is responsible for coordinating the development and implementation of eGovernment policy and for central eGovernment operations.  Individual Departments and Offices remain responsible for the delivery of eGovernment services relevant to their own specific remits. In that regard, they are best placed to evaluate whether online service delivery is appropriate, and to assess the potential costs of maintaining paper based services versus moving to online provision of services; they do so as part of their regular planning activities. 

Organisations also consider the needs and online capabilities of their service users when deciding on how best to deliver their services. This consideration includes an assessment of the need to continue using traditional delivery channels in addition to online provision.

Due to the diverse range of services offered by the Public Service, a generic assessment of suitability or cost by my Department would be of limited value. 

The assessment of any service being considered for online provision may take into account a number of factors including  

- user demand and frequency of the service; 

- how easily the service can be moved online, e.g. technical difficulty, business processes, legislative considerations; 

- how quickly it can be moved online, e.g. the organisation s readiness and capacity, the need to re-purpose content and update databases; 

- how the cost of moving it online can be minimised; and,

- the resources and capacity required to move the service online and whether the department or agency can meet the requirements 

The Deputy will also be aware that earlier this year I published the Government's new Public Service Reform Plan 2014-2016.  This new Plan outlines the key reform initiatives that will be implemented over the next three years.  The four key themes running through this new Reform Plan are delivery of improved outcomes; utilisation of the reform dividend; digitalisation and open data; and openness and accountability.

The Public Service must make maximum use of new technologies, digitalisation and open data to deliver services in innovative ways.  A new Government ICT Strategy will be published later this year that will address the use of new and emerging technologies, ensuring that eGovernment is designed around real needs and taking steps to improve the take-up of 'digital government'.   

Employment Appeals Tribunal

Ceisteanna (300)

Finian McGrath

Ceist:

300. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding school secretaries (details supplied); and if he will make a statement on the matter. [25354/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The Employment Appeals Tribunal (EAT) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. I am informed that once a determination of the Tribunal has been communicated to the parties concerned, the Tribunal then becomes functus officio and has no further function in the matter. As an independent body, the Tribunal is answerable to the Higher Courts by way of Appeal or Judicial Review in its function, decisions and the manner in which it conducts itself.

Once a case has had a final hearing before the Tribunal, a determination issues to the parties as soon as possible thereafter. Tribunal determinations are subsequently published on the website www.workplacerelations.ie. The average time taken for Tribunal determinations to be finalised is 6 weeks, plus up to a further 2 weeks for the determination to issue to the parties involved. In the absence of any details as to the party names in this case I am not in a position to confirm the date of any hearing or issue of any determination. A search of the decision database at www.workplacerelations.ie may be carried out online.

Industrial Relations

Ceisteanna (301)

Dara Calleary

Ceist:

301. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the action he has taken to address the concerns of former employes of a company (details supplied); if there is any recourse available to them to obtain moneys owed to them; if he will ask NERA to investigate the matter; and if he will make a statement on the matter. [25347/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I have previously received correspondence on behalf of the former employees in this case and note that a variety of complex issues, encompassing a number of employment rights statutes, are involved. I would point out that Ireland has a strong body of employment rights in which are set out the means for obtaining redress where an employment relationship has ended and an employee's rights have been breached. Complaints to an employment rights dispute settlement body may be initiated by the employee, or under certain legislation, may also be initiated by the employee’s trade union, excepted body or others as specified in the relevant legislation.

Employment rights that may be relevant to the former employees in this case are contained in a number of Acts and Statutory Instruments, including the Payment of Wages Act, the Protection of Employment Acts, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, the Minimum Notice and Terms of Employment Acts and the Redundancy Payments Acts.

Generally, where an employment relationship has ended and an employee is owed wages, the employee may take a case to a Rights Commissioner pursuant to the Payment of Wages Act 1991. The claim may seek payment of arrears of wages and payments in lieu of untaken annual leave or a public holiday benefit.

Under the Protection of Employment Acts and the European Communities (Protection of Employment) Regulations, 2000, employers proposing collective redundancies must enter into an information and consultation process of at least 30 days duration with the employees' representatives before issuing notices of redundancy. Where the employees' representatives do not receive the specified information or there is no 30-day consultation period, an employee or the employees' representatives may make a complaint to a Rights Commissioner. Additionally, I have asked for a NERA inspection to ascertain whether the provisions of the Protection of Employment Act 1977 have been complied with.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 provide that all the rights and obligations of an employer arising from a contract of employment, other than pension rights, existing on the date of a transfer (as defined in the Regulations), are transferred to the new employer on the transfer of the business or part thereof. A complaint that an employer has contravened these Regulations in relation to an employee may be presented to a Rights Commissioner.

Under the Minimum Notice and Terms of Employment Acts, an employee who has a minimum of 13 weeks' service with an employer is entitled to notice of termination of employment. The length of notice to which an employee is entitled is dependent on the length of service of the employee and can range between one week's notice for an individual with less than 2 years' service up to eight weeks’ notice for an individual with more than fifteen years' service. Where an employer is unable to provide or does not provide the appropriate notice, then the employer may make a payment in lieu of the notice. An employee who does not receive their minimum notice entitlements may take a case to the Employment Appeals Tribunal.

In accordance with the Redundancy Payments Acts, employees who have at least two years' continuous service with an employer are generally entitled to a statutory redundancy payment in the event of being made redundant. Where an employer either fails to comply with his or her redundancy payment obligations or where there is a dispute regarding redundancy entitlements, claims may be referred by the employee to the Employment Appeals Tribunal.

If a former employee believes that one or more of his/her rights under the above, or other, employment rights legislation has been breached, he/she should consider making a complaint to the relevant employment rights dispute settlement body. He/she may also wish to obtain professional advice on the matter.

The Workplace Relations Customer Service Section of NERA provides information on employees' rights and how to obtain redress if employees' rights have been infringed. It can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. The single complaint form for submitting complaints regarding breaches of employment rights is also available at www.workplacerelations.ie.

Capital Programme Expenditure

Ceisteanna (302, 303)

Peadar Tóibín

Ceist:

302. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the total amount of capital spending on construction projects carried out by his Department and by bodies operating under the responsibility of his Department between 2008 and to date in 2014; if he will provide the information on an annual basis in tabular form; and if he will make a statement on the matter. [25541/14]

Peadar Tóibín

Ceist:

303. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the amount of the €442 million designated to his Department for direct Exchequer capital funding according to the Government Estimates for 2014 is expected to go towards construction related projects; if he will list the projects; if he will provide an update on any of these projects; and if he will make a statement on the matter. [25557/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 302 and 303 together.

The Gross Exchequer Capital Allocation for 2014 for my Department is €442 million.

This funding essentially supports capital programmes of a number of agencies operating under the aegis of my Department such as IDA Ireland, Enterprise Ireland, the Local Enterprise Offices, InterTrade Ireland, INTERREG, the National Standards Authority of Ireland, Science Foundation Ireland, the Programme for Research in Third Level Institutions (PRTLI), Tyndall National Institute and the Temporary Partial Credit Guarantee Scheme.

The funding provided to the agencies is used to operate programmes that provide a range of grants, supports and financial facilities to clients. Capital funding also covers the maintenance and development of the agencies' buildings and upgrading of equipment.

The following table details the total amount of Capital spending on construction projects carried out under the aegis of my Department between 2008 and to date in 2014.

DJEI Construction Related Capital Expenditure

2008	2009	2010*	2011	2012	2013**	2014
€'000	€'000	€'000	€'000	€'000	€'000	€'000
42.36	31.42	32.82	44.33	37.90	27.81	12.09

* Responsibility for the Programme for Research in Third-Level Institutions transferred to the Department in May 2010.

** The finalised 2013 figure is subject to normal annual audit completion.

Details of the Capital funding provided towards construction projects by a number of the agencies/programmes under the remit of my Department in 2014 are provided as follows:

Programme for Research in Third-level Institutions (PRTLI)

Under the Programme for Research in Third-level Institutions (PRTLI) €16.7 million in capital funding is being provided through my Department in 2014 to meet expenditure commitments and to maintain continued support to a number of construction related research projects. The PRTLI also includes matching private and EU co-funding with most projects having multiple academic and industry partners. The Deputy should also note that the PRTLI element is often part of bigger infrastructure projects supported across the various colleges. The PRTLI programme is administered on behalf of my Department by the Higher Education Authority. The specific PRTLI capital infrastructural projects being supported by my Department (with lead higher education institution listed) at this time are:

Dublin City University	- Nano-Bio Analytical Research Facility
NUI Maynooth	- ICT Infrastructure - Innovation Value Institute - Phase 2
University Limerick	- National Centre for Applied Materials Research
NUI Galway	- Advancing Medicine - Arts Humanities Social Sciences Research Building
University College Dublin	- Science Centre - Phase 2 - Science Centre – Link
Trinity College Dublin	- TCD Biomedical Sciences Development - Irish Transgenic Network
University College Cork	- Translating Biosciences into Health - Environmental Research Institute at the Maritime & Energy Cluster Ireland - Generating Wealth through Innovative & Collaborative Research - Tyndall Flexifab for Applied Convergent Nanotechnologies
Cork Institute of Technology	- Centre for Research in Advanced Therapeutic Engineering
Dublin Institute of Technology	- Environmental Health Sciences Institute

Enterprise Ireland

Enterprise Ireland, through its Research and Innovation Programme, has supported the development of campus incubation centres in the Universities and Institutes of Technology with the objective of fostering spinouts from research in the colleges, and spin-ins from outside the college environment which leverage third level expertise to develop their start-up venture. Such facilities are internationally recognised as an important element of public assistance for fostering entrepreneurship and technology-intensive start-ups.

To date EI has invested approximately €50m over the past ten years in the provision of campus incubation facilities across Ireland. Incubation units are currently host to over 300 companies, employing over 1,500 people. These firms are operating in a range of sectors such as software, medical devices, digital media and green technologies.

Enterprise Ireland also provides capital funding to the Community Enterprise Centre Programme. The main objective of this initiative is to enhance the development of an enterprise culture through the provision of infrastructural facilities to support the establishment and expansion of micro-enterprises through local community participation in both urban and rural locations. Enterprise Ireland estimates that in the region of €1.5m will be expended on construction related projects this year.

IDA Ireland

IDA Ireland's Capital allocation for 2014 provides funding towards IDA’s property function and grant payments. The majority of IDA grants paid in 2014 will be in the areas of Research, Development and Innovation, Training and Employment Projects and a small number of New Industry (Capital) Projects. These latter grants are paid in the main for construction projects by client companies.

IDA grants are drawn down by client companies on reaching the relevant grant payment milestones and targets. Commercial sensitivities and the demand led nature of payments preclude IDA Ireland from providing details of New Industry Grants in 2014 until they are drawn down by IDA clients.

In order to boost regional development and win new business IDA Ireland has signed contracts for the erection of advance manufacturing facilities in Waterford and Athlone. Both facilities are expected to be completed by year end. As IDA Ireland's property function is almost entirely self-financing, the proposed buildings will be funded by the IDA.

INTERREG

My Department co-funds a range of Enterprise projects under an INTERREG North-South programme. It is anticipated that approximately €1.72 million of my Department's capital expenditure this year was will be incurred on INTERREGg related construction projects. This will involve the provision of various facilities to assist the development of specific enterprise initiatives in the border region.

A very significant project involves the construction of a new facility in Letterkenny, County Donegal, (Letterkenny Institute of Technology (LYIT)), with a total cost of €4.5m and this project will significantly enhance the development of Science, Research and Innovation in the North West region. This initiative, in tandem with a similar facility in Derry City, is a cross border project, co-funded by the EU's Regional Development Fund through the INTERREG IVA Programme. It involves co-funding from my Department and by the Northern Ireland Department of Finance and Personnel. The new building in Letterkenny, when completed, will provide new business units and significant research space and will serve as an extension to the existing, very successful CoLab facility at LYIT, which currently houses 28 start-up companies.

Cross-Border Co-operation

Ceisteanna (304)

Pearse Doherty

Ceist:

304. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if his Department has received a copy of the OECD's regional development working paper 2013-20 The Case of Ireland-Northern Ireland (United Kingdom) - Regions and Innovation: Collaborating Across Borders; the actions that will be taken to implement the reports recommendations; and if he will table the report for discussion at the next North-South Ministerial Council meetings. [25587/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I very much welcome the publication of the recent OECD report which I discussed with my counterpart in the Northern Ireland Executive, Ms Arlene Foster MLA, Minister for Enterprise, Trade and Investment, and with InterTrade Ireland, earlier this year in Armagh, at a meeting of the North South Ministerial Council - Trade & Business Development Sectoral. I also participated in an event to mark the report’s launch, with Minister Foster, on the same day.

This report looked at cross border innovation linkages across the island of Ireland and I am very pleased that it gave a very positive review of the key measures we have put in place to help drive Innovation on a cross border basis. It noted that InterTrade Ireland is a rare example internationally of a cross-border entity to promote trade and innovation, which is co-funded by respective Governments. I am very committed to the work of this cross-border body which we co-fund, with our counterpart Department in Northern Ireland, and, despite the very challenging financial climate we have faced for the last few years, InterTrade Ireland's innovative range of programmes for businesses on both sides of the border have been kept operational and are very successful.

It is also very encouraging that the OECD highlighted as 'noteworthy' other initiatives which my Department supports, such as the shared programme between Enterprise Ireland and Invest Northern Ireland in relation to the provision of Innovation Vouchers; the US - Ireland Research and Development Partnership Programme and the INTERREG Cross Border Programme, which has included the funding of some innovation-oriented projects.

I have asked my officials to consider the specific recommendations contained in this report and InterTrade Ireland is looking at relevant actions which that body could pursue. Some of these suggested actions involve administrative issues, which may not have resource implications; others may require financial support or potentially involve political issues, which would necessitate in-depth engagement between both administrations. One of the key recommendations proposes that InterTrade Ireland should be involved as a delivery partner for the next INTERREG Programme; we are already actively pursuing whether this could be achieved.

I would envisage further discussion on this report at a future meeting of the North-South Ministerial Council.

Industrial Relations

Ceisteanna (305)

Seán Fleming

Ceist:

305. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of cases before the Labour Court, Equality Tribunal, CPSA and EAT involving civil servants taking cases against his Department; and if he will make a statement on the matter. [25642/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

There are no such cases pending, before any of the bodies mentioned, against my Department. While the CPSA is not within my remit I can confirm that there are no such cases involving staff of my Department.

National Minimum Wage

Ceisteanna (306)

Dara Calleary

Ceist:

306. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if different wage rates apply where a care assistant employed via an agency sleeps over in the client's home as opposed to their normal work during the day in the same home; and if he will make a statement on the matter. [25663/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The National Minimum Wage (€8.65 per hour for an experienced adult worker) applies to all hours of work, including those where a care assistant is required to sleep over.

The term "working hours" is defined in the National Minimum Wage Act, 2000 as follows;

'total hours during which the employee carries out or performs the activities of his or her work at the employee's place of employment or is required by his or her employer to be available for work there and is paid as if the employee is carrying out or performing the activities of his or her work'

Accordingly, the working hours of employees are the entire period for which they are required to be present in the place of employment and such employees are entitled to be remunerated for those hours at the National Minimum Wage rate applicable.

A carer, who comes within the terms of the Temporary Agency Work Act 2012, is subject to the provisions of that Act, entitled to equal treatment, in terms of basic working and employment conditions, including wages, as an employee recruited directly by the hirer to do the same or similar job.

Departmental Staff Expenses

Ceisteanna (307)

Niall Collins

Ceist:

307. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form the total amount spent per annum from 2011 to 2013, inclusive, and to date in 2014 on staff subsistence payments and staff taxi payments; if his Department has been audited for tax compliance on these payments and other benefits-in-kind; if these processes have been revised in view of concerns by the Revenue Commissioners over practices in other State bodies; and if he will make a statement on the matter. [25818/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The following table sets out the amounts spent on staff subsistence payments and staff taxi payments for the years 2011, 2012, 2013 and to date in 2014 as requested by the Deputy. These payments are made in accordance with the rates governed by the Department of Public Expenditure and Reform. Travel claims by staff are in compliance with my Department's Travel and Subsistence Policy and Procedures which incorporates Department of Public Expenditure & Reform guidelines in this regard, and includes specific provision in relation to the use of taxis by staff.

-	2011	2012	2013	2014 to date
Subsistence*	566,582.37	603,715.45	895,348.96**	265,483.69
Taxis*	13,736.92	45,904.78	24,530.70	12,573.56

*The figures provided include payments made directly to staff and also to a service provider.

**This figure includes additional expenditure due to Ireland's Presidency of the EU

The Department's overall expenditure is audited on an annual basis, by the Comptroller & Auditor General, as part of the Department's Appropriation Account, and no compliance issues in relation to these matters have been raised with the Department.

Work Permit Appeals

Ceisteanna (308)

Bernard Durkan

Ceist:

308. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if he will review the decision not to accept an appeal in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [25848/14]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

An application in respect of the person named by the Deputy was refused by my Department on 11th April 2014 for the following reasons. It appeared from the information received supporting the application that the position on offer was one of the occupations currently ineligible for a new employment permit. In addition it appeared that insufficient efforts were made to recruit an Irish or EEA/Swiss National for this position by advertising with DSP Employment Services/EURES and also in national or local newspapers or on a job website (other than DSP). Finally, the level of remuneration offered in respect of a post for which a permit was sought was less than the minimum remuneration of €30,000 per annum required.

It was open to the applicant in this case to request that this decision be reviewed in accordance with Section 13 the Employment Permits Act, 2006, but no such request was received in my Department from the applicant within the prescribed statutory timeframe of twenty one days of the date of the refusal letter. In light of these developments there is no further action that my Department can take with regard to this application.

Questions Nos. 309 and 310 withdrawn.

Exceptional Needs Payments

Ceisteanna (311)

Róisín Shortall

Ceist:

311. Deputy Róisín Shortall asked the Minister for Social Protection if there is a specific clothing allowance payment available to pensioners or those on a disability related payment; or if such cases are covered under the general exceptional needs payment. [25332/14]

Freagraí scríofa

Minister for Social Protection

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided €31.3 million for the ENP scheme in 2014.

There is no automatic entitlement to a payment under this scheme. ENPs are payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

There is no specific clothing allowance payment available to pensioners or those on a disability related payment. It is expected that weekly social welfare payments should cover normal clothing needs. However, in exceptional circumstances support is available for clothing under the ENP scheme.

Any persons who consider that they have an entitlement to an ENP under the supplementary welfare allowance scheme should contact the local officials administering the scheme.

Question No. 312 withdrawn.

Domiciliary Care Allowance Applications

Ceisteanna (313)

Noel Harrington

Ceist:

313. Deputy Noel Harrington asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [25355/14]

Freagraí scríofa

Minister for Social Protection

An application for domiciliary care allowance (DCA) was received from the person concerned on the 24th April 2014. This application has been forwarded to one of the Department's Medical Assessors for their medical opinion. Upon receipt of this opinion, a decision will be made and notified to the person concerned. It can currently take 12 weeks to process an application for DCA.

Family Income Supplement Eligibility

Ceisteanna (314)

James Bannon

Ceist:

314. Deputy James Bannon asked the Minister for Social Protection her plans to reform family income supplement to ensure that more low income self-employed families can qualify; and if she will make a statement on the matter. [25382/14]

Freagraí scríofa

Minister for Social Protection

The family income supplement (FIS) is an in-work support which provides an income top-up for employees on low earnings with children. FIS is designed to prevent child and family poverty and to offer a financial incentive to take-up employment as compared to social welfare payments. There are currently some 44,000 families with some 99,000 children in receipt of FIS. Expenditure on FIS is estimated to be of the order of €280 million in 2014.

To qualify for payment of FIS, a person must be engaged in insurable employment which is expected to last for at least three months and be working for a minimum of 38 hours per fortnight or 19 hours per week. Therefore, self-employed people are not eligible for FIS.

There are a number of factors that would have to be taken in to account in any consideration of extending eligibility for FIS to include self-employed persons:

- the practical difficulties in defining and controlling an alternative to the hours worked condition;

- establishing satisfactorily a self-employed person's hours of employment and certifying this on an ongoing basis;

- existing arrangements to provide income support to self-employed people on low incomes, such as jobseeker's allowance and farm assist for low-income farmers;

- the cost of extending the scheme to the self-employed would be considerable and could only be considered in a budgetary context.

Given the above, I have no immediate plans to extend FIS to the self-employed.

Question No. 315 withdrawn.

Rent Supplement Scheme Administration

Ceisteanna (316, 384)

James Bannon

Ceist:

316. Deputy James Bannon asked the Minister for Social Protection her plans to reform the rent and mortgage interest supplement to pay the owner rather than the tenant; and if she will make a statement on the matter. [25384/14]

Seán Kyne

Ceist:

384. Deputy Seán Kyne asked the Minister for Social Protection while acknowledging the introduction of the new housing assistance payment, if a more flexible approach can be adopted regarding the rent supplement scheme in areas such as Galway city which is experiencing a rise in rental prices and in consideration that the roll-out of HAP is being performed on a phased basis; and if she will make a statement on the matter. [26084/14]

Freagraí scríofa

Minister for Social Protection

I propose to take Questions Nos. 316 and 384 together.

In July 2013 the Government approved the introduction of the Housing Assistance Payment (HAP). Under HAP, responsibility for recipients of rent supplement with a long-term housing need will transfer from the Department of Social Protection to housing authorities. Officials are working closely with those in the lead Department of Environment, Community and Local Government in piloting HAP in Limerick City and County Council with further roll out to selected housing authorities during the year. Payments will be made directly to landlords by the housing authorities under the HAP scheme.

Under the legislative provisions governing rent supplement, the Department's relationship is with the tenant; the tenant makes the application for rent supplement; and payment is made to the tenant to assist them with their accommodation needs. There is no direct relationship between the landlord and the Department in the administration of the scheme. However, social welfare legislation provides for the payment of a rent supplement payment to a nominated payee such as a landlord on behalf of the tenant. This arrangement is entered at the tenant's request and subject to the consent of the Department. Similar arrangements apply in respect of the mortgage interest supplement scheme in relation to the payment of the supplement direct to mortgage lenders.

It is open to the landlord to bring to the attention of the Department any instance where they suspect that a tenant is receiving rent supplement and is not paying their rent. Where the Department becomes aware that a person is not using rent supplement to meet the accommodation costs, payment of the supplement is suspended and the matter investigated. Where a landlord has a grievance in relation to the non-payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board to have the dispute resolved through the Board’s dispute resolution process.

The efficiency of the rent supplement and the mortgage interest supplement schemes would be significantly affected if all payments were to be made directly to landlords/mortgage lenders, for the provision of short term support. I therefore have no plans to amend the payment arrangements available under these schemes at this time.

The most recent review of maximum rent limits was completed in June 2013 with revised rent limits introduced on 17 June 2013. For all counties, major urban population centres were tested to ensure access to housing while also ensuring value for money for the State. Despite pressures on the social protection budget, there were increases in the rent limits in some areas, including Galway, and reductions or no change in others. The limits for Galway reflected the respective prevailing rental markets and analysis shows that there are currently properties available within these limits. A new rent limit review has commenced within the Department and will feed into the budgetary process.

I can assure the Deputy the Department's staff in the Community Welfare Service have considerable experience in dealing with customers and will continue to make every effort to ensure that their accommodation needs are met. Staff have discretionary powers to award a supplement for rental purposes in exceptional cases where it appears that the circumstances of the case so warrant, for example, when dealing with applicants who are homeless or who are at risk of losing their tenancy. Such cases are examined on a case by case basis having regard to the situation presented.

Rent Supplement Scheme Applications

Ceisteanna (317)

Joe Higgins

Ceist:

317. Deputy Joe Higgins asked the Minister for Social Protection the position regarding an increase in rent supplement in respect of a person (details supplied) in Dublin 16. [25385/14]

Freagraí scríofa

Minister for Social Protection

The person concerned made an application for rent supplement on 21st March 2014. She was requested by the Rents Unit to provide further specified information and documentation in order that her claim could be processed. A letter reminding the person concerned that this information was still outstanding was issued in April 2014 but no response was received, and a further reminder was sent on 12th June 2014. In addition, she was also advised of this in person at her local Health Centre on 10th June 2014. On receipt of the outstanding documentation from the person concerned her application will be processed.

Question No. 318 withdrawn.

Community Employment Schemes Eligibility

Ceisteanna (319)

James Bannon

Ceist:

319. Deputy James Bannon asked the Minister for Social Protection the reason a person (details supplied) in County Longford who is in receipt of casual jobseeker's allowance is ineligible to qualify for a FÁS scheme; and if she will make a statement on the matter. [25395/14]

Freagraí scríofa

Minister for Social Protection

The person concerned is not eligible to participate on a community employment scheme at this time. Casual jobseekers can only have worked less than 90 days within the previous 36 months or 30 days within the last 12 months to be eligible for community employment.

The person concerned has worked 93 days in the last 36 months and 31 days in the past 12 months. He is, therefore, ineligible to participate on community employment scheme.

Unemployment Data

Ceisteanna (320)

Derek Nolan

Ceist:

320. Deputy Derek Nolan asked the Minister for Social Protection if her Department has an area specific breakdown of unemployment figures in Galway city in order to ascertain which areas are suffering most from job losses; and if she will make a statement on the matter. [25399/14]

Freagraí scríofa

Minister for Social Protection

Information relating to a claimant's address is not currently coded to the geographical location of the address. As such it is not possible to accurately report persons on the live register living in a particular area at present. Location information in respect of people on the live register is however recorded on the basis of the local office/intreo centre which is used to serve their needs. In this regard, the number of people "signing on" the live register in the Galway city office at the end of May 2014 was 10,083, a reduction of 1,312 (11.5%) on the same time last year.

Carer's Allowance Payments

Ceisteanna (321)

James Bannon

Ceist:

321. Deputy James Bannon asked the Minister for Social Protection if she will protect carer's allowance from further cuts in the forthcoming budget; and if she is committed to helping carers in the community of counties Longford and Westmeath by introducing travelling expenses in rural areas [25407/14]

Freagraí scríofa

Minister for Social Protection

At the outset, I should point out that the financial supports available to carers in Ireland, are among the highest rates of income support in Europe, and overall expenditure on carers has increased significantly in recent years. In 2014 it is estimated to be €806 million, compared to €773m in 2012.

In relation to rates, the Government has protected core social welfare rates generally, including carer's allowance, during its period in office. There are no plans to reduce the rate of carer's allowance.

While the Department‘s primary responsibility to carers lies in the provision of income support, while under the National Carer's Strategy, responsibility for ensuring that carers can access affordable transport rests with the Department of Transport, Tourism and Sport (DTTS).

Pensions Reform

Ceisteanna (322)

Robert Troy

Ceist:

322. Deputy Robert Troy asked the Minister for Social Protection her views on the removal of the transition pension, where a 65-year old having to retire is forced to sign on for jobseeker's benefit for the interim year, age 65 to 66; her views on persons working in the Civil Service and Health Service Executive, who for the second time in their lives will be forced to leave their job, the first time being when women got married and were no longer allowed to work in the Civil Service, An Garda Síochána and HSE, and the second time having to retire at 65 and are penalised at pension age as their first contribution was paid a large number of years ago and any subsequent pension is divided by the number of years contributions are paid in. [25425/14]

Freagraí scríofa

Minister for Social Protection

At the outset, the Deputy may wish to note that the terms and conditions of employment of civil and public servants, including the age at which they may be required to retire, and the public service pension they may qualify for, are the responsibility of my colleague, Mr Brendan Howlin, T.D. Minister for Public Expenditure and Reform.

The Social Welfare and Pensions Act, 2011 provides that State pension age will be increased gradually to 68 years. This began in January 2014 with the standardising of State pension age for all at 66 years and the cessation of State pension transition. The State pension age will increase to 67 years in 2021 and to 68 years in 2028.

I am informed by the Department of Public Expenditure and Reform that the specific compulsory retirement age and minimum pension age provisions which affect an individual public servant will reflect his or her particular employment sector and time of original recruitment. Public servants who must retire at age 65 can draw their public service pension at age 65. The State pension changes have no impact on such persons where they are in the modified social insurance category.

Where alternatively they are in the full social insurance category their public service pensions (and contributions) are, as with many occupational schemes, integrated (or co-ordinated) with social welfare benefits. This means the occupational pension paid is based on the assumption that the pensioner also receives the State pension. The State pension (contributory) entitlement is calculated with reference to the complete PRSI record, including contributions made while working in the public and private sectors.

In the case of retirements of fully insured public servants at age 65, a discretionary supplementary pension may be payable under the rules of the public service scheme to bridge the gap until State Pension commencement at age 66 years. This supplementary pension is only payable where the individual, through no fault of his own or her own, does not qualify for social welfare benefit or qualifies at less than the maximum personal rate. It is therefore necessary to claim the available social welfare benefits in order to receive a supplementary pension.

This situation is not new and already applies to public servants with a retirement age below 65 years.

With regard to the marriage bar, it was a condition of the employment in the public service until 1973 and is the responsibility of the Minister for Public Expenditure and Reform.

However, in general, and similar to many civil and public servants, the social insurance class paid by women affected by the marriage bar was a modified rate (i.e. not the full Class A rate) which gives coverage for widow(er)'s and orphan's pensions, occupational injury benefit, bereavement grant and carer’s benefit only. It did not provide cover for the State pension. The modified rate of social insurance was a condition of employment for public servants at that time. Accordingly, even if those affected by the marriage bar had continued in employment, contributions paid at this class would not have given entitlement to a State pension (contributory) under the social welfare system.

The homemaker scheme, which was introduced in 1994, can make qualification for the State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age or incapacitated adults to be disregarded when a person's social insurance record is being averaged to determine qualification for the State pension.

The homemaker disregard will not, of itself, qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance ten years before pension age, pay a minimum of 520 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied.

If an applicant, with an insurable employment history of full-rate and modified rate occupations, paid their first full-rate contribution prior to 6 April 1991, their date of entry into social insurance is taken as the date of payment of the first (full-rate) contribution. If an applicant has paid their first full-rate contribution on or after 6 April 1991, their date of entry is taken as the date they first commenced paying social insurance, whether at the full or modified rate. This change, which took effect for people who paid their first full rate contribution from 1991 onwards, prevents the situation where some public servants, such as Gardaí or members of the Defence Forces, could retire at 55 and avail of a Public Service pension, and then work for 10 years in the private sector and avail of a full State pension contributory from 65, in addition to the Public Sector pension. The current system which integrates pensions is a more equitable framework.

The State pension is a valuable asset and is based on a system of contributions. Therefore, it is important that entitlement to State pension is based on a substantial contribution to the Social Insurance Fund over a working life.