Written Answers Nos. 201-220
201. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform in view of the disproportionate impact economic policies are having on disadvantaged groups, if he will consider the introduction of an equality budgeting approach to policy making; and if he will ensure that each Department engages in an agreed system of equality proofing prior to budget 2015. [28123/14]
Amharc ar fhreagraWith regard to recent Budgets, while the primary objective has been to reduce the deficit and return stability to the public finances, it has been of vital importance to the Government to spread the burden of adjustments in as fair and as equitable a manner as possible whilst also seeking to minimise any negative impact on economic growth.
The Government recognises that expenditure on social supports has an important impact on stabilising our domestic economy through supporting the overall demand for goods and services. Over 80% of gross current government expenditure is spent on Health, Education and Social Protection supports. These are areas of high priority for Government, however, given the proportion of total expenditure that they make up, it has been necessary that these areas are also affected by expenditure reductions as we simply could not have achieved the savings required to adhere to our fiscal targets otherwise.
All Ministers are responsible for assessing policy proposals in their areas and considerations of equality form an important component of budgetary discussions by Government. When making Government decisions on Budget matters, the Government is very much aware of issues such as gender equality, persons experiencing or at risk of poverty or social exclusion, and people with disabilities.
Expenditure measures and policy proposals are now being submitted to my Department as part of the second Comprehensive Review of Expenditure. The final proposals will be carefully considered by Government in advance of finalizing the 2015 Estimates and on Budget day, the Government will publish illustrative cases showing the effect of major changes in revenue and certain social welfare payments.
202. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 54 of 11 June 2014, the position regarding repair works to the landing area at An Blascaod Mór, County Kerry; when he expects the works to be completed; and if he will make a statement on the matter. [28330/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that preparation of engineering proposals, a work programme and cost estimation is in progress. It is expected that this will be completed in the near future in order to facilitate the subsequent execution of repair works, subject to availability of the requisite funding.
203. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the annual amount paid to each qualifying party leader and each Independent TD and Senator under section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act, 2001 for the period of 1 January 2011 to date; the frequency and number of payments made to each qualifying party leader and each Independent TD and Senator under the terms of section 1 of the aforementioned Act; the formula by which such annual payment amounts are calculated; and if he will make a statement on the matter. [28341/14]
Amharc ar fhreagraThe Parliamentary Activities Allowance is provided for in the Oireachtas (Ministerial and Parliamentary Offices) Act, 1938, as amended, most recently by the Oireachtas (Ministerial and Parliamentary Offices)(Amendment) Act 2014.
The allowance is paid to the parliamentary leader of a "qualifying party", as defined in the legislation underpinning the allowance, in relation to expenses arising from the parliamentary activities, including research, of the party. Payments are made in respect of members of the party elected to Dáil Éireann and members elected/nominated to Seanad Éireann at the last preceding general election, or a subsequent bye-election or, in the case of Seanad Éireann, nominated to it after the last preceding general election.
Under the legislation, the amount of the allowance is calculated based on the number of members elected at the time of election in accordance with the following tables. The Oireachtas (Ministerial and Parliamentary Offices)(Amendment) Act 2014 reduces the amount payable by 10%:
|
TDs |
Rate: September 2008 to 30 Jun 2014
€ |
Rate: From 1 July 2014 |
Rates: September 2008 to date Government Parties* € |
Rates: From 1 July 2014 Government Parties*
|
|
First 10 members |
71,520 |
64,368 |
47,680 |
42,912 |
|
11 members to 30 |
57,214 |
51,493 |
38,143 |
34,329 |
|
More than 30 members |
28,616 |
25,754 |
19,077 |
17,169 |
|
Senators |
Rate: September 2008 to 30 Jun 2014 |
Rate from 1 July 2014 |
|
First 5 members |
46,766 |
42,089 |
|
Over 5 members |
23,383 |
21,045 |
*The legislation provides that, in the case of a qualifying party forming part of the Government, the combined allowances due in respect of TDs of that party are reduced by one third.
The legislation also provides that payments may be made to a member of Dáil Éireann, who at the last preceding general election or at a subsequent bye-election was elected as a member other than as a member of a qualifying party. Such qualifying Independent TDs were paid an annual rate of €41,152, up to the 30th of June 2014. This rate is reduced to €37,037 from 1 July 2014. A similar provision in the Act provides for an annual payment, amounting to €23,383 up to 30 June 2014, and €21,045 from 1 July 2014, for Independent Senators. Payments in respect of the allowance are made monthly in arrears. The amounts paid from 1 Jan 2011 to date are below:
Senators :
|
Ind Sens |
2011 |
2012 |
2013 |
2014 (to date) |
Total |
|
David Norris |
€23,112.33 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€81,569.73 |
|
Shane Ross |
€3,618.79 |
€0.00 |
€0.00 |
€0.00 |
€3,618.79 |
|
Fergal Quinn |
€23,112.32 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€81,569.72 |
|
Joe O'Toole |
€7,198.92 |
€0.00 |
€0.00 |
€0.00 |
€7,198.92 |
|
Eoghan Harris |
€7,198.92 |
€0.00 |
€0.00 |
€0.00 |
€7,198.92 |
|
Ronan Mullen |
€23,112.32 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€81,569.72 |
|
John Crown |
€15,913.40 |
€18,388.64 |
€23,382.96 |
€11,691.48 |
€69,376.48 |
|
Sean Barrett |
€15,913.40 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€74,370.80 |
|
Martin McAleese |
€3,247.63 |
€23,382.96 |
€3,897.16 |
€0.00 |
€30,527.75 |
|
Fiach Mac Conghaill |
€14,394.35 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€72,851.75 |
|
Eamon Coghlan |
€14,394.35 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€72,851.75 |
|
Dr. Katherine Zappone |
€14,394.35 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€72,851.75 |
|
Mary Ann O'Brien |
€14,394.35 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€72,851.75 |
|
Marie Louise O'Donnell |
€14,394.35 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€72,851.75 |
|
Jillian Van Turnhout |
€14,394.35 |
€23,382.96 |
€23,382.96 |
€11,691.48 |
€72,851.75 |
TDs :
|
- |
2011 |
2012 |
2013 |
2014 (to date) |
Total |
|
Catherine Murphy |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Finian McGrath |
€39,437.30 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€142,317.20 |
|
Jackie Healy-Rae |
€4,654.09 |
€0.00 |
€0.00 |
€0.00 |
€4,654.09 |
|
John Halligan |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Luke "Ming" Flanagan |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€16,535.95 |
€133,623.07 |
|
Mattie McGrath |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Maureen O'Sullivan |
€39,437.30 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€142,317.20 |
|
Michael Healy-Rae |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Michael Lowry |
€39,437.30 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€142,317.20 |
|
Michael Wallace |
€0.00 |
€75,935.16 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Noel Grealish |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Shane Ross |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Seamus Healy |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Stephen Donnelly |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Thomas Pringle |
€34,783.20 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,663.10 |
|
Tom Fleming |
€34,293.30 |
€41,151.96 |
€41,151.96 |
€20,575.98 |
€137,173.20 |
204. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the annual amount paid to each qualifying party under the Electoral Acts, excluding section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 for the period 1 January 2011 to date; the frequency and number of such payments made to each qualifying party; the formula by which such annual payment amounts are calculated; and if he will make a statement on the matter. [28342/14]
Amharc ar fhreagraResponsibility for the Electoral Acts is a matter for my colleague, the Minister for the Environment, Community and Local Government.
Under section 17 of the Electoral Act 1997, as amended by section 50(c) of the Electoral (Amendment) Act 2001, provision is made for two payments to be made to qualified political parties.
Section 17(1)(a) of the Electoral Act 1997, as amended, provides for a fixed payment of €126,973.81 to be made to each qualified party in each period of 12 months.
Section 17(1)(b) of the Electoral Act 1997, as amended, provides for an annual sum to be shared among qualified political parties. When introduced in 2001, the legislation provided for this sum to be shared to amount to €3,809,214 (£3,000,000). In accordance with the legislation, the sum was increased in line with general increases in Civil Service remuneration.
The current sum shared amongst qualified parties amounts to €4,948,201.68, and €5,456,096.88 when the fixed amount referred to above is included.
Payments are calculated on the basis of the share of first preference votes obtained by an individual qualified party at the previous general election. These shares are calculated by the Department of Environment, Community and Local Government. The respective shares following the General Election in 2011 is below:
First Preference Votes in the 2011 General Election
|
Party |
First preference votes as a % of total first preference votes of qualified parties |
|
Fianna Fáil |
21.036% |
|
Fine Gael |
43.533% |
|
Labour |
23.449% |
|
Sinn Féin |
11.983% |
|
Total |
100% |
Payments in respect of the Electoral Acts are made quarterly in arrears. The amounts paid from 1 Jan 2011 to 30 June 2014 are below:
Payments under Electoral Acts from 1 January to 30 June 2014:
|
|
2011 |
2012 |
2013 |
2014 |
|
Fianna Fáil |
€1,635,707.59 |
€1,167,856.24 |
€1,167,856.24 |
€291,964.06 |
|
Fine Gael |
€1,996,637.88 |
€2,281,054.64 |
€2,281,054.64 |
€570,263.66 |
|
Labour Party |
€1,036,050.21 |
€1,287,266.72 |
€1,287,266.72 |
€321,816.68 |
|
Green Party |
€151,291.76 |
€0.00 |
€0.00 |
€0.00 |
|
Sinn Féin |
€629,275.48 |
€719,919.28 |
€719,919.28 |
€179,979.82 |
|
Total |
€5,448,962.92 |
€5,456,096.88 |
€5,456,096.88 |
€1,364,024.22 |
205. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the position regarding the Skibbereen flood relief scheme; the commencement and completion dates; and if he will make a statement on the matter. [28347/14]
Amharc ar fhreagra206. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the position regarding the Clonakilty flood relief scheme; the commencement and completion dates; and if he will make a statement on the matter. [28348/14]
Amharc ar fhreagra207. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the position regarding the Bandon flood relief scheme; the commencement and completion dates; and if he will make a statement on the matter. [28349/14]
Amharc ar fhreagraI propose to take Questions Nos. 205 to 207, inclusive, together.
I am advised by the Commissioners of Public Works in relation to the proposed flood relief scheme for Skibbereen the position is that the detailed design of the Scheme is nearing completion. The first stage of the procurement process for a civil works contractor to undertake the works has been commenced by Cork County Council, which is the Contracting Authority for the Scheme. Tender documents are likely to be issued to a shortlisted number of contractors in early August with a contractor expected to be appointed in late 2014, subject to Confirmation of the Scheme i.e. formal approval by my Department as required under the Arterial Drainage Acts.
In relation to Clonakilty, consultants appointed by OPW are currently working towards developing viable options for a flood relief scheme.
A second Public Consultation will take place on 2 July, 2014 in Clonakilty to provide an opportunity for members of the public to give their views on the direction the scheme is taking. The OPW expects to be in a position to present the preferred option at the statutory Public Exhibition of the scheme in the Autumn.
Following the Public Exhibition, the detailed design of the scheme will commence and once this has been completed, procurement of contractors to carry out the works will be initiated. Subject to broad acceptance of the scheme proposals by the public and to successful completion of the tender process, it is hoped that construction will start towards the end of 2015, again subject to Confirmation of the Scheme by my Department.
With regard to Bandon, detailed design of the flood relief scheme is now almost completed. The first stage of the procurement process for a civil works contractor was commenced in November 2013. However, following a legal challenge the OPW terminated the process. The OPW will recommence the pre-qualification process very shortly.
The effect of having to re-run the process has meant that construction works are now expected to commence in the first quarter of 2015 rather than the previously anticipated start time of September 2014. However, the delay in starting the works does not affect the completion date of the Scheme, which will still be programmed for completion towards the end of 2016. The reason for this is that the Scheme requires two summer seasons of channel works due to environmental constraints, and the scheme programme provides that works would take place in the summers of 2015 and 2016. The commencement of construction will of course, be dependent upon Confirmation of the Scheme.
Construction of each of the schemes is likely to take 18 – 24 months to complete. The OPW has provided for the cost of the schemes in its multi-annual budget profiles for the period 2014-2017.
208. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will make additional emergency funding available to repair or strengthen the embankment at Cromane Lower, Killorglin, County Kerry, as homes and properties in the area are continuously at risk to flooding; if he will take into consideration that the winter is coming and come to the assistance of this community, as they cannot any longer afford the cost of protecting their homes and properties from tidal flooding; and if he will make a statement on the matter. [28355/14]
Amharc ar fhreagraThe Government decided on 11th February to make available funding of up to €69.5 million for a programme of repair and remediation works to public infrastructure damaged in the storms from 13 December, 2013 to 6 January, 2014 based on estimates provided by the local authorities concerned. The figure of €69.5m included up to €1,226,920 for repair works to damaged coastal protection and flood defence infrastructure in County Kerry.
On foot of a direction from the Department of the Environment, Community and Local Government (DoECLG), Kerry County Council submitted to the Office of Public Works (OPW) a programme of works detailing how it proposes to spend the allocation for repair of coastal protection and flood defence infrastructure. The programme included approval of the €30,000 sought by Kerry County Council for repair works to a coastal embankment at Cromane Lower.
The OPW reviewed the programme having regard to related guidance issued by the DoECLG to the local authorities and confirmed to the Council on 22 May that the funding allocation of up to €1,226,920 is available from this Office for the coastal protection repair works as set out in its programme.
I would also mention that the OPW allocated funding of €100,000 to Kerry County Council under the Minor Flood Mitigation Works & Coastal Protection Scheme in February, 2012 for embankment strengthening works at Cromane Lower. The Council has already drawn down this funding.
209. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform further to Parliamentary Questions Nos. 89 to 91, inclusive, of 3 April 2014, if he will provide a further update on when flood protection works on the River Poddle at Tymon Park will commence; and if he will make a statement on the matter. [28409/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that South Dublin County Council is taking forward proposals for flood mitigation measures on the River Poddle comprising attenuation works in Tymon Park which may also involve some downstream defence works.
The Council is in the process of preparing a brief for the procurement of the design consultant for these works. Following the appointment of consultants, the Council is to develop a comprehensive programme to take a scheme through the planning process and on to construction. Subject to successful completion of the planning process and the continued availability of funding, it is hoped to be in a position to commence construction in the latter part of next year.
The OPW has made provision for the cost of the scheme in its multi-annual budget profiles for the period 2014-2017.
210. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform since 1 June 2014 if he will list the areas that are covered under the memorandum of understanding between the Office of Public Works and insurance companies; if the OPW is monitoring the implementation of its terms; if it has been confirmed that homeowners can now access flood insurance in these areas; and if he will make a statement on the matter. [28410/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that on the 24 March this year then Minister Brian Hayes announced details of a Memorandum of Understanding (MoU) between the Office of Public Works and Insurance Ireland on the exchange of information on flood defence works. This Memorandum of Understanding outlines the principles of agreement between the OPW and Insurance Ireland on the information being provided and how it will be used by the insurance industry. The OPW will provide Insurance Ireland with data on all completed OPW flood defence schemes which will show the design, extent and nature of the protections offered by these works. Insurance Ireland members will then take into account all information provided by the OPW when assessing exposure to flood risk within these areas, from 1 June 2014 onwards. The provision of cover and level of premiums charged and policy terms applied are a matter for individual insurers.
This is an important step forward for people in areas where flood defences have been provided by the OPW, as the OPW and Insurance Ireland are now working together to ensure that the flood defence works undertaken in recent years are being taken into account by the insurance industry. There has been a substantial investment of €320 million by the State in all parts of the country on flood relief works since 1995, with over 10,500 properties protected and benefits estimated at more than €1 billion in damage and losses avoided. While the Memorandum of Understanding does not provide any guarantee that insurance against flooding will be available in the relevant areas, I consider it important that the benefits of that investment in flood relief are felt by all members of those communities.
The OPW has to date provided information on 12 completed flood relief schemes in an agreed format to Insurance Ireland, and this information is now available to the insurance companies. It has also been published on the OPW website www.opw.ie. The 12 Schemes on which information has been provided are:
Clonmel (River Suir) Dublin (River Dodder Tidal)
Dublin (River Tolka)
Dublin Fingal (River Tolka)
Duleek (River Nanny)
Dunmanway (River Bandon)
Ennis (River Fergus Upper)
Fermoy (River Blackwater)
Kilkenny City (River Nore)
Meath (River Tolka)
Mornington (River Mornington)
Tullamore (River Tullamore)
The OPW will continue to transfer data on flood relief schemes to Insurance Ireland as and when they are completed.
211. Deputy Robert Troy asked the Minister for Public Expenditure and Reform his plans to include a schedule within the Freedom of Information Bill 2013 or otherwise identify FOI bodies that meet the description in section 32(3)(a)(ii)(I) of that Bill; and if he will make a statement on the matter. [28528/14]
Amharc ar fhreagraIt is not my intention to include a schedule within the Freedom of Information Bill 2013 or to otherwise identify bodies encompassed by the provision mentioned by the Deputy. A large number of public bodies as defined under FOI legislation could be subject to this provision. Seeking to identify such bodies in a schedule to the legislation or otherwise could have the unintended consequence of excluding particular public bodies from the scope of the provision which in light of the intention of the section would not be consistent with the objective of the FOI Bill.
The Deputy may wish to note that the provision referred to by the Deputy is not new to the FOI Bill 2013. It is contained in Section 23(3)(a)(ii)(I) of the Freedom of Information Act 1997 and is repeated, without amendment, in the current Bill at Section 32 (3)(a)(ii)(I).
In addition, I am informed by the Office of the Information Commissioner that no issues in relation to this provision have ever arisen in a review under the FOI Act by that Office.
212. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the reason the National Employment Rights Authority inspectorate came to an agreement with a company (details supplied) not to pursue arrears of earnings of apprentices who were paid below the legal registered employment agreement rates; and if he will make a statement on the matter. [27864/14]
Amharc ar fhreagra213. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the reason a company (details supplied) was not pursued by the National Employment Rights Authority on foot of a breach of an agreement to pay apprentices the legal registered employment agreement rates in view of the fact that the company in question subsequently registered in another jurisdiction to avoid its obligations under this agreement; and if he will make a statement on the matter. [27865/14]
Amharc ar fhreagraI propose to take Questions Nos. 212 and 213 together.
The National Employment Rights Authority (NERA) carries out inspections of employer records with a view to determining compliance with employment rights legislation. NERA aims to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary.
Having regard to the provisions of the Data Protection Acts, it is not possible to provide information on specific cases. It should be noted, however, that where there is reason to believe that that employees have been paid less than the minimum amount provided by law, NERA seeks to recover unpaid wages, as soon as possible, for all employees (both current and former) in respect of whom the underpayments have been identified.
The recovery of arrears is an important part of any case and is pursued by means of direct engagement with the employer and, where necessary, by the initiation of legal proceedings. In the majority of cases employers pay the arrears due without recourse to such action. Prosecution is, therefore, an important part of enforcement and can be used to deal with employers who refuse to comply with the law. Decisions about prosecuting an employer for breaching employment laws are based on a consistent proportionate and fair assessment of the seriousness of the alleged breach. Mitigating factors such as the level of cooperation received, the previous history of breaches, whether an employer has rectified the breaches, whether employees have received redress in the form of unpaid wages or other entitlements, are all taken into account in arriving at a decision.
Neither NERA, nor its Inspectors has the power or authority to agree a compromise sum in respect of unpaid wages due to employees, or to negotiate away any part of an employee's legal entitlements. Unlike cases prosecuted under the National Minimum Act (or those taken under the former Employment Regulation Orders), the legislation at that time governing Registered Employment Agreements did not give the District court, on conviction, the power to direct the employer to pay arrears in respect of breaches of an REA.
The Industrial Relations (Amendment) Act 2012 introduced amendments to the enforcement provisions relating to breaches of REAs that were contained in the Industrial Relations Act 1946. In cases where an employer failed to comply with a Labour Court order, the 2012 Act provided for the Circuit Court to make an order directing the employer to comply with the original Labour Court order, including the obligation to pay any sum due to a worker for remuneration in accordance with an REA.
However, in the judgment delivered on 9 May 2013 in the McGowan case, the Supreme Court held that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution. The effect of this decision was to invalidate the registration of employment agreements previously registered under Part III of the 1946 Act. As a result, REAs no longer have any application beyond the subscribing parties and are no longer enforceable in law.
214. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the position of registered employment agreements following the Supreme Court ruling last year; the specific actions he will take to ensure the rights of the employees in each of the sectors covered by registered employment agreements are protected; and if he will make a statement on the matter. [27869/14]
Amharc ar fhreagraIn the judgment delivered on 9 May 2013 in the McGowan case, the Supreme Court held that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution. That Article provides, in effect, that the exclusive power to make laws is vested in the Oireachtas. The Supreme Court took the view that REAs were instruments having the status of laws made by private individuals. While the Constitution allows for the limited delegation of law making functions, the provisions of the 1946 Act went beyond what is permissible under the Constitution.
The effect of this decision was to invalidate the registration of employment agreements previously registered under Part III of the 1946 Act. As a result, all such agreements no longer have any application beyond the subscribing parties and are not enforceable in law.
However, existing contractual rights of workers in sectors covered by REAs were unaffected by the ruling. Contractual rights can be altered only by agreement between the parties involved.
The striking down of the REAs means that new employees in these sectors can be hired at a rate agreeable between workers and their employers. This is subject only to the provisions of the National Minimum Wage Act, 2000.
My Department has been working closely with the Attorney General and external Counsel on developing a framework to address the ruling and to provide for a revised legislative framework, which will be fully informed by the Supreme Court judgment and constitutionally robust.
I intend to bring Heads of Bill to Government for approval in the coming weeks.
215. Deputy Alan Farrell asked the Minister for Jobs, Enterprise and Innovation if he has considered implementing measures to mandate that the chairpersons and boards of State-run bodies are appointed through open competitions run by the Public Appointments Service; and if he will make a statement on the matter. [27980/14]
Amharc ar fhreagraIn line with Government policy to introduce greater transparency in the appointment process, and in an effort to broaden the pool of suitable candidates for consideration for appointment to boards, I have sought expressions of interest, through the Public Appointments Service, from suitably qualified people for appointment to the boards of the agencies under my Department’s remit. My overriding focus is to find the best people for particular board appointments. In making appointments I have regard to the expertise and experience of individuals, the balance of skills and attributes in terms of the overall composition of the board, the gender balance of the board and the availability and commitment of people to serve on the board.
In making appointments to the boards of my Departments agencies, it should be noted that not all appointments are at my discretion. Some appointments are allocated under legislation to Department Representatives, social partners, nominees of other Ministers, nominees of prescribed bodies and appointments on an Ex Officio basis and are not appropriate, therefore, for public advertisement.
In December 2013, at my request, the Public Appointments Service sought the latest expressions of interest for vacancies arising on the Boards of Agencies under my Department. This exercise will help inform consideration of public appointments to Boards of Agencies under my remit in 2014.
216. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding a company (details supplied) with a local authority contract cutting wages; and if he will make a statement on the matter. [28027/14]
Amharc ar fhreagraI understand that the dispute relates to the issue of cost cutting measures within the company. The dispute has already been the subject of conciliation efforts in the Labour Relations Commission, where agreement was not reached, and a subsequent Labour Court recommendation. The Court found that the Company’s current cost base is not sustainable and requires immediate remedial action in order to both protect employment and secure its customer base.
In this context, the Court recommended that;
- The parties engage in a concentrated process to identify and cost the level of labour productivity savings that can be generated within the business and to agree on further adjustments to the wage bill necessary to return the Company to viability.
- The talks should be completed within 14 days of the date of its recommendation.
- The parties should engage the services of suitably qualified financial and productivity advisors to assist them through this process.
The services of the State’s industrial relations machinery are available to assist the parties in the dispute. In this context, I would urge the parties to avail of their services and to engage constructively in the process in an effort to resolve the issues that are in dispute.
Ireland’s system of industrial relations is voluntary in nature and responsibility for the resolution of industrial relations issues lies ultimately with employers and workers and their respective representatives as appropriate.
As the Deputy is aware, the State provides industrial relations mechanisms to assist parties in their efforts to resolve any differences they may have. Experience constantly shows us that what often appears to be the most intractable of matters is capable of resolution where both sides engage constructively and in good faith in this voluntary process. The principle of good faith implies that both sides make every effort to reach an agreement and endeavour to resolve their differences.
217. 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. [28125/14]
Amharc ar fhreagraIn the absence of any specific details as to the names of the parties in this case I am not in a position to provide any information in relation to the date of any hearing or for the issue of any determination. A search of the EAT’s decision database may be carried out online at www.workplacerelations.ie.
In the circumstances, I can only again give you the normal expected times taken for the issue of a determination in the average case. Once a case has had a final hearing before the Tribunal, a determination issues to the parties as soon as possible thereafter. 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. However in a small number of very complex cases, which require more detailed examination and review of relevant case law, the time taken for issue of determination may be considerably longer.
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.
218. Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation the level of assistance his Department or any agency in his Department has given to the operations of a company (details supplied); if his attention has been drawn to the current challenges facing the workforce there including an attempt to impose annualised hours and the continuation of a pay freeze over the past five years; his views on same; and if he will make a statement on the matter. [28305/14]
Amharc ar fhreagraI have been informed by Enterprise Ireland that the company in question has been paid a total of €3,060,344 since 1963. This figure includes funding of €1,203,285 in the last seven years, including substantial R&D funding. Enterprise Ireland continues to liaise with the company in regard to its development, particularly in relation to their innovation agenda, and to provide any assistance to the business that the agency can offer within its remit.
As regards the situation of the workforce, while I am aware of the challenges facing both the workforce and the company, nevertheless the issues raised are a matter for the parties concerned.
As the Deputy is aware, there was a Topical Issues debate on this issue, on Tuesday 24 June 2014, which was taken on my behalf by John Perry, T.D., Minister for Small Business.
As outlined during that debate, Ireland has a robust suite of employment rights legislation. In the event that employees are concerned for the safety of their jobs, Ireland’s body of employments rights offers extensive protections to employees including the Protection of Employment Act 1977, which provides for a process of information and consultation between the employer and the employee representatives, the Minimum Notice and Terms of Employment Acts 1973 to 2005, which give employees entitlements to specified notice periods or payment in lieu of notice, and the Unfair Dismissals Acts 1977 to 2007.
However, it is important to remember that Ireland’s system of industrial relations is voluntary in nature and responsibility for the resolution of any such issues that arise lies ultimately with employers and workers and their respective representatives, as appropriate.
The services of the Labour Relations Commission are available to assist the parties, if requested.
219. Deputy Michael Healy-Rae asked the Minister for Social Protection that there will be no further reductions or alterations to the household benefits and free travel pass facilities in the next budget; and if she will make a statement on the matter. [28161/14]
Amharc ar fhreagra245. Deputy Kevin Humphreys asked the Minister for Social Protection the projected cost of increasing the weekly fuel allowance by €1 and €2, respectively; and if she will make a statement on the matter. [28368/14]
Amharc ar fhreagra246. Deputy Kevin Humphreys asked the Minister for Social Protection the projected cost of restoring the social welfare Christmas bonus payment; and if she will make a statement on the matter. [28369/14]
Amharc ar fhreagraI propose to take Questions Nos. 219, 245 and 246 together.
The 2015 Budget will be considered by Government in the forthcoming months and will be announced on October 14. Changes to the household benefits, free travel and fuel allowance schemes and the re-introduction of a bonus at Christmas would have to be considered in that context.
In this regard, the cost of increasing fuel allowance by €1 and €2 per week, is estimated at €9.8 million and €19.7 million, respectively, in a full year. It is estimated that the re-introduction of a bonus payment at Christmas (analogous to the bonus payment which applied up to 2008) would cost in the order of €261 million.
220. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will indicate whether the living alone allowance of €7.70 per week will be substantially increased; and if she will make a statement on the matter. [28162/14]
Amharc ar fhreagraThe Living Alone Allowance (LAA) was introduced from October 1977, and is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments, including State pensions, and who are living alone. It is also available to people who are less than 66 years of age, living alone and in receipt of disability allowance, invalidity pension, incapacity supplement or blind pension.
The most recent Survey on Income and Living Conditions (SILC) data from 2012 show that the various poverty indicators demonstrate no significant difference in outcomes for those over 65 living alone, and those over 65 who live with another adult. The “at risk of poverty rate” for households aged over 65 with one adult was 12.9%. For households with two adults it was 13%. Similarly, the consistent poverty rate for households aged over 65 with one adult was 3.1% and for two adults it was 2.9%.
The overall concern of the Government in recent budgets has been to protect the primary weekly social welfare rates. Maintaining the rate of the State pension and other core payments is critical in protecting people from poverty.
The appropriate rate of welfare payments in 2015, including the weekly rate of the living alone allowance, will be considered later this year. In this regard, each €1 increase in the living alone allowance would cost €9.4 million in a full year.
