Written Answers Nos. 325-351
325. Deputy Brendan Griffin asked the Minister for Education and Skills if a school bus service (details supplied) in County Kerry will be continued for a leaving certificate student; and if she will make a statement on the matter. [31608/14]
Amharc ar fhreagraI wish to advise the Deputy that Special Schools funded by my Department are intended to cater for children and young persons with special educational needs from 4 years until the end of the school year in which they reach their 18th year. At that point, the Department of Health/Health Service Executive assumes direct responsibility for young adults with special educational needs who are over 18 years. My Department, at that stage, may allocate resources towards an education component of such provision. It is important to note that students who transfer to adult service settings can continue to participate in educational programmes through further adult educational programmes or in adult settings which are allocated resources towards educational provision. Special Schools may make an application to my Department to retain pupils over the age of 18 who are pursuing courses leading to accreditation at level 3 or above of the National Qualifications Framework (Junior Certificate/Leaving Certificate Applied/FETAC 3); for one additional year, in order to complete these courses. I understand that the pupil in question was retained for an additional year in school in 2013/14 on this basis, and does not meet the criteria for retention for a further year in school. In these circumstances the child cannot be considered eligible for school transport.
327. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if her attention has been drawn to the fact that Kildare-Wicklow Education and Training Board currently has no education officer and only one adult education officer; her views on whether the management structure in this region is, as a consequence, significantly deficient; if she or her Department has proposals as to the way the matter may be rectified; and if she will make a statement on the matter. [31660/14]
Amharc ar fhreagraOn 27th January 2014 the Department approved an acting Education Officer post in Kildare and Wicklow Education and Training Board (ETB) for 6 months and the ETB currently has an acting Education Officer in place. The ETB has not requested an extension to this arrangement. Kildare and Wicklow ETB also currently has two Adult Education Officers.The Project Management Office of the Department is engaged in a project to devise future complementary organisational designs for ETBs and SOLAS in order to reflect their new roles. A consultative team has been established which includes nominees from ETBs and SOLAS. A number of meetings have taken place between the team and the Department. On foot of the meetings, the Department is in the course of preparation of a proposal document which it hopes to circulate to the consultative team shortly.
328. Deputy Brendan Smith asked the Minister for Education and Skills position regarding the proposed building project for a school (details supplied) in County Cavan; the present stage of this project; when the project is likely to proceed to the next stage; the timescale for construction; and if she will make a statement on the matter. [31663/14]
Amharc ar fhreagraThe Major School Building Project referred to by the Deputy is currently at an advanced stage of Architectural Planning. Due to issues with the Mechanical & Electrical Submission for the project, the Board of Management has requested their Consultant Mechanical & Electrical Engineer to submit a revised Stage 2a Report. Once this report has been submitted to my Department for review and subject to no further issues arising the project will be progressed to Stage 2(b) which includes applications for Planning Permission, Fire Safety Certification, Disability Access Certification and the preparation of tender documents. On completion of Stage 2b Detailed Design, officials from my Department will contact the Board of Management with regard to the potential, at that time, for further progression of the project.Due to competing demands on my Department's capital budget imposed by the need to prioritise the limited funding available for the provision of additional school accommodation to meet increasing demographic requirements it was not possible to include this project in the 5 year construction programme announced in March 2012.School building projects, including the project referred to by the Deputy, which have been initiated but not included in the current five year construction programme will continue to be progressed to final planning stages in anticipation of the possibility of further funds being available to my Department in the future.
329. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills the efforts that have been made by her and her Department to address the issue of staff restructuring in the 16 ETBs that have been established (details supplied). [31668/14]
Amharc ar fhreagraIn October 2011, my predecessor announced and published the headquarter and sub office locations where VECs were being merged as a result of the Government decision to reduce the 33 vocational education committees (VECs) to 16 new entities, to be known as education and training boards (ETBs). It is a matter for the chief executive of each ETB to work through and judge what the best approach is to ensure the optimum approach to service delivery. We are not forcing any "one size fits all" approach to staff deployment and office accommodation by the ETBs. Instead, my Department has been, and will be, receptive to any reasonable and sensible arrangements that are the best fit for the needs of the areas served by the board. My officials are working to assist ETBs to reform, standardise and move certain ETB back office functions to a shared service model, in line with the whole-of-Government approach in this area. A Business Case Report for a Payroll Shared Service was prepared recently and a similar exercise in respect of finance functions is underway. Interim steps to address risks in existing systems, improve efficiency and assist in the mergers are taking place. These include a project to stabilise existing payroll systems, the merger of a number of payroll and financial management systems, the introduction of a portal system through which certain payments will be processed and improving ICT connectivity for ETBs. My Department is also engaged in a project to devise future complementary organisational designs for ETBs and SOLAS in order to reflect their new roles. The Project incorporates a migration plan which will have regard to the agreed high level structure for SOLAS and public service resource constraints in setting out the mechanisms through which the organisational designs will be achieved.
330. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform if he has examined the possibility of reviewing the civil partnership legislation to ensure that civil servants who retired before 2011 who are now in a civil partnership have the ability to claim a pension right for their partner if they retired prior to the legislation being enacted and thus were unable to enter a partnership with their partner; and if he will make a statement on the matter. [30992/14]
Amharc ar fhreagra335. Deputy John Lyons asked the Minister for Public Expenditure and Reform if his attention has been drawn to the current problems facing civil partners of former civil servants, who retired previous to the enactment of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in receiving pension benefits as a result of Sections 81E (5) and (6) of the Pensions Act 1990 as amended by the Social Welfare (Misc. Provisions) Act 2004, which provides for a maximum of 12 months to seek redress for perceived unfair pension decisions; if he will amend the legislation to be in line with the UK's provision on the matter; and if he will make a statement on the matter. [30991/14]
Amharc ar fhreagraI propose to take Questions Nos. 330 and 335 together.
As provided for in Section 99 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, all Public Service Pension Schemes now provide equal pension provisions to surviving spouses and civil partners.
With regard to comparison to UK legislation, it is understood that the UK's Equality Act 2010 enables restrictions to access to a benefit in relation to rights accrued before 5 December 2005. The effect of this is that where an occupational pension scheme provides survivors' benefits to married couples, it must also provide them to surviving civil partners but is only required to do so in respect of service from 5 December 2005. This is a considerably reduced benefit than that available under the Irish legislation.
The pensions of persons retiring from the Civil Service are generally covered under one of two schemes. The more recent, the "Revised" Spouses' and Children's Superannuation Scheme applies to persons appointed on or after 1st September 1984. This Scheme provides for benefits to a surviving spouse or civil partner including where the marriage/civil partnership takes place after retirement. Civil Servants who were appointed on or before 31st August 1984 are members of what is termed the "Original" Spouses' and Children's Superannuation Scheme which does not permit benefits to be payable to a surviving spouse or civil partner where the marriage or civil partnership takes place after retirement. Civil servants then serving were given an option in 1984 to become members of the Revised Scheme, and many did at that time. Others chose not to, and therefore retained a right to a refund of their contributions to the Original Spouses' and Children's Scheme on retirement which is not available under the Revised Scheme.
Last year officials of my Department were asked to give consideration to the implications of a decision to permit those current and former civil servants who were serving in August 1984 and are now in civil partnerships a further option of opting into the Revised Scheme, if they chose not to in 1984. I am advised that, given the background of changing legislation over the years, including the introduction of divorce, and to avoid a charge of discrimination, this option could not of course be limited to those entering civil partnerships. It would therefore have to be made available to all relevant serving and former civil servants (and public servants in a similar position). In the circumstances I am advised that allowing for this option could likely accrue a substantial additional cost to the existing accrued liability of public service pensions.
As a consequence I do not intend to bring forward proposals to facilitate serving and former civil servants (appointed prior to 1st September 1984) and who exercised the option in 1984 not to join the Revised Spouses' and Children's Superannuation Scheme to revisit that option.
331. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the amount spent on legal fees by the Office of the Ombudsman for each of the past four years; and if he will make a statement on the matter. [31022/14]
Amharc ar fhreagraIn response to the Deputy's question, I am informed by the Office of the Ombudsman that the following are the amounts paid in Legal Costs by that Office for each of the years 2010 - 2013:
|
2010 |
2011 |
2012 |
2013 |
|
€343,000 |
€455,000 |
€156,000 |
€543,000 |
332. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the position regarding the planned flood relief scheme in Cork city; the timeline for the delivery of the project; the nature of the public consultation that will be held; if he will ensure that a fully manned consultation period over a number of days in the city is held; and if he will make a statement on the matter. [31088/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that work on developing a flood relief scheme for Cork City has been underway for some time. The Scheme covers the area from Inniscarra Dam to downstream of the City on the River Lee, and it will also include proposals for Blackpool and Ballyvolane which are affected by tributaries of the River Lee.
The OPW will hold a public information day on the Scheme in Cork City Council Offices on the 29th July, 2014, which follows on from the first information day in July, 2013. This will provide an overview of the emerging preferred scheme to be brought forward later in the year. This information day will be attended by members of the Design team to deal with queries from the public. It is also intended to keep all information on display for up to a further five days to facilitate those who might wish to comment at this stage. Committing the Design team to be available for all of this period would not be warranted. There will be a period afterwards for members of the public to submit their comments, which can then be incorporated into the detailed documents for the statutory Exhibition later in the year.
The statutory Public Exhibition, which will be commenced before the end of 2014, will last between four to six weeks. There will be a number of days where members of the Design Team will be in attendance to deal directly with members of the public, all of which will be widely advertised. At that stage, the outline design of the proposed scheme will be displayed with full drawings to ascertain the views of the public and other stakeholders. Significant consultation is expected to take place with interested parties at this stage.
Once the Exhibition is completed in early 2015, the Design Team will fully consider all submissions made and amendments, where appropriate, may be made and developed in the detailed design of the Scheme. The OPW will then issue responses to all parties who made submissions. It is expected that the detailed design phase will commence in the second quarter of 2015, with the procurement of civil works contractor to begin towards the end of 2015. The timescale will, of course, be dependent on the acceptance of the proposed scheme by the public and the amount of amendments which may be proposed as a result of submissions made. Progression of the project to construction will be subject to the approval of my Department. The OPW has made provision for the cost of the Scheme in its multi- annual budget profiles.
333. Deputy Paul J. Connaughton asked the Minister for Public Expenditure and Reform the number of positions filled in the role of administrative officer in each stream from the specialist panels recruited for in 2013 and to date in 2014; the geographic locations and Departments to which roles have been appointed; and if he will make a statement on the matter. [30825/14]
Amharc ar fhreagraFive specialist streams were included in the Administrative Officer (AO) competition in 2013 - Finance and Banking; Tax Policy; Law; Human Resources; and Economics.
In total, there have been 43 assignments and all were to posts in Dublin.
|
Department/Office |
AO Finance and Banking |
AO Tax Policy |
AO Law |
AO Human Resources |
AO Economics |
|
Finance |
5 |
3 |
3 |
1 |
- |
|
PER |
3 |
1 |
2 |
4 |
7 |
|
Revenue |
- |
1 |
- |
1 |
- |
|
Ombudsman |
- |
- |
4 |
- |
- |
|
Health |
- |
- |
- |
2 |
- |
|
Public Appointments Service |
- |
- |
- |
1 |
- |
|
Children and Youth Affairs |
- |
- |
- |
1 |
- |
|
Communications, Marine and Natural Resources |
- |
- |
3 |
- |
- |
|
Oireachtas |
- |
- |
1 |
- |
- |
334. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform the steps being taken to address flood risks within the Shannon basin; and if he will make a statement on the matter. [30982/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that the core strategy for addressing flood risk in the Shannon Basin is the River Shannon Catchment Flood Risk Assessment and Management (CFRAM) Study. Good progress continues to be made on this project. A total of 66 locations along the Shannon have been identified for further assessment under the Study. The output of this important project will be an integrated plan of specific measures to address, in a comprehensive and sustainable way, the significant flood risk factors in the Shannon basin. Further information and updates on the Shannon CFRAM Study are available on www.shannoncframstudy.ie.
336. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform if he will respond to claims by small and medium enterprises and sole traders that they are being disadvantaged in the awarding of public service tenders due to bureaucratic barriers to even making an application which would contravene the Government's stated policy of fostering and assisting SMEs; and if he will make a statement on the matter. [31002/14]
Amharc ar fhreagraPublic Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the EU rules for a public body to favour or discriminate against particular candidates on grounds such as nationality, organisational size, etc. and there are legal remedies which may be used against any public body infringing these rules.
The Government acknowledges the significant role that SMEs play in the Irish economy and is committed to ensuring that SMEs are fully engaged with public sector procurement and the opportunities presenting.
In order to encourage greater SME participation the Office of Government Procurement has conducted a targeted programme of education for suppliers who wish to learn more about doing business with the Irish Public Service. This programme consists of seminars, workshops and large scale 'Meet the Buyer' events hosted nationwide. These 'Meet the Buyer' events are run in conjunction with Enterprise Ireland and Inter-Trade Ireland. To date the OGP has facilitated workshops and presented at seminars to over 4,500 SMEs nationwide. These events afforded suppliers an opportunity to meet and discuss the issues with public service buyers and provide networking opportunities for suppliers and encourage consortia-building.
My Department has also recently finished reviewing and updating existing guidelines and procedures aimed at promoting SME participation in public procurement. Circular 10/14, launched on 17 April, sets out new initiatives aimed at opening up opportunities for small businesses that want to tender for public contracts and also to ensure that engaging with government procurement is easy and low cost. The main thrust of the circular is as follows
- buyers are advised to undertake market analysis prior to tendering in order to better understand the range of goods and services on offer, the competitive landscape, including the specific capabilities of SMEs etc.
- the circular promotes transparency in procurement by requiring supplies and general services contracts with an estimated value of €25,000 be advertised on the Government's electronic tendering portal, e-Tenders,
- it encourages suppliers including SMEs to fully use e-Tenders and avail of its facilities in relation to registration, e-tendering and automatic alerts in relation to future tendering opportunities
- buyers are encouraged not to set turnover thresholds at more than twice the estimated contract value and puts limits on insurance levels for suppliers where possible
- promotes greater use of "open" tendering and less use of "restrictive" tendering
- it encourages SMEs to consider using consortia where they are not of sufficient scale to tender in their own right or where they may lack certain capabilities necessary to provide a compelling proposition
- it encourages Contracting Authorities to break large contracts down into lots where reasonable to do so and where it does not expose the State to undue risk or significant management overheads
The SME Working Group, established under the Government's Action Plan for Jobs, was consulted on the new Guidelines. The new Circular has been broadly welcomed by industry representative associations.
The SME Working Group is chaired by the Office of Government Procurement and includes representatives from ISME, IBEC, Inter Trade Ireland, Enterprise Ireland, the Competition Authority, the Small Firms Association, Chambers Ireland and the Department of Jobs, Enterprise and Ireland. The focus of this group is to develop and monitor strategies for SME access to public procurement. The group also has regard to actions aimed at maximising procurement opportunities for SME in the public sector.
The reform of public procurement across the public service is on-going and will continue to provide opportunities to the SME sector to win business. The Office of Government Procurement will continue to work with industry to ensure that winning government business is done in a fair, transparent and accessible way and to ensure that government procurement policies are business friendly.
337. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform when his Department will publish its annual report for 2013. [31132/14]
Amharc ar fhreagraIn response to the Deputy's question the Department reports progress on its Business Plan and Statement of Strategy on a regular basis.
338. Deputy Clare Daly asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 334 of 8 July 2014, if he will respond to the question asked in relation to general protocols and procedures in such situations, not a specific case. [31172/14]
Amharc ar fhreagraThere are no specific protocols or procedures in place in the civil service in respect of the specific situation raised in the Deputy's question rather the protection of children is addressed through the broader legal, administrative and recruitment framework in place across all sectors.
The Sex Offenders Act 2001 introduced a wide range of measures aimed at reducing the risk to the public from convicted sex offenders. Those measures include the notification system, also known as the "sex offenders' register" and post-release supervision.
Part 4 of the 2001 Act requires a convicted sex offender to inform an employer or prospective employer of the fact of his or her conviction, where the employment in question involves work or a service (including State work or a service) which mainly consists of unsupervised access to, or contact with, children. A person who fails to comply with this requirement is guilty of an offence. The maximum penalty, on conviction on indictment, is imprisonment for 5 years and a fine.
Although the "sex offenders' register" is not generally accessible to the public in exceptional circumstances, the provision of appropriate information to members of the public is possible on an administrative basis.
Under Children First, ensuring that individuals are suitable to work with children, through the selection, recruitment and vetting of employees before they are appointed to a position is a key measure in child protection.
The Garda Central Vetting Unit (GCVU) provides employment vetting for organisations in Ireland, registered with the Unit for this purpose, which employ personnel to work in a full-time, part time, voluntary or student capacity with children and / or vulnerable adults.
Where recruitment is being carried out on behalf of a public body by the Public Appointments Service they are responsible for managing the vetting procedures. Before appointment, candidates are required to confirm whether they have:
- been convicted in a court of law of any offence of a criminal nature and
- are currently under investigation or awaiting trial for any wrongdoing.
In addition, routine Garda vetting enquiries are pursued in parallel with the appointment procedures.
More generally there is a requirement, under the Civil Service Code of Standards and Behaviours, for any civil servant to notify his/her HR manager of any criminal conviction.
339. Deputy Simon Harris asked the Minister for Public Expenditure and Reform if the Office of Public Works is considering an application for a location (details supplied) in County Wicklow; and if he will make a statement on the matter. [31200/14]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that tearooms are being provided at Kilmacurragh National Botanic Gardens, Co Wicklow. Planning permission for 'change of use' has been received from Wicklow County Council. A Contractor was appointed earlier this year following a competitive tender process for construction of the facility. However certain contractual issues have arisen with the Contractor which have interrupted completion of the work.
340. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform if he will provide for each Department and agency, whose recruitment is carried out by Public Appointments Service, the number of persons recruited for short-term contracts to cover leave such as term leave over the summer months; the number of those recruited who have already retired from the public service or are in receipt of pensions having retired from the private sector; the number of students who have been recruited; the number of unemployed persons who have been recruited; and if he will make a statement on the matter. [31317/14]
Amharc ar fhreagraIn general, staff recruited to the public service to cover short-term leave over the summer months are drawn from the Temporary Clerical Officer (TCO) competitions run by the Public Appointments Service (PAS).
Assignments from the 2014 TCO recruitment campaign commenced in April and to date 1,314 assignments have been made. Assignments were made to 8 Government Departments and to 20 bodies in the wider public service including the HSE and the local authority sector. The greatest number of assignments were to the Department of Social Protection and the Office of the Revenue Commissioners. A complete breakdown of assignments by Department is not available at present but will be provided directly to the Deputy when compiled.
People who have participated in public service incentivised early retirement or redundancy schemes such as the Civil Service Incentivised Scheme for Early Retirement (ISER), the Department of Health Targeted Voluntary Early Retirement (VER) Scheme and Voluntary Redundancy Schemes (VRS) are subject to restrictions on future entry to the civil and public service. Candidates being assigned are required to declare whether they have previously availed of such schemes.
The statistics collected by PAS on recruitment competitions do not include the number of appointees that are retirees, students or unemployed.
341. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform the total cost of public relations/communications to his Department in 2013; the spend to date in 2014; the total estimate for 2014; the corresponding figures for each agency funded from his Department; and if he will make a statement on the matter. [31534/14]
Amharc ar fhreagraIn response to the Deputy's question I can confirm that the engagement of all service-providers by my Department is done within the parameters of value for money with every effort made to minimise costs. In line with stated Government policy, all public bodies must use a competitive process for the purchase of any goods and services, whatever the value.
The following table outlines the total amount spent on public relations/communications by my Department since coming to office:
Institute of Public Administration
Amount spent on Public Relations/Communications - From 2013 to date in 2014
|
Company Name |
Reason |
Amount |
Additional Amount Estimated for 2014 |
|
Q4 PR |
Promotion of National Conference |
€2,620 |
- |
Public Appointments Service
Amount spent on Public Relations/Communications - From 2013 to date in 2014
|
Company Name |
Reason |
Amount |
Additional Amount Estimated for 2014 |
|
Wilson Hartnell Public Relations |
Communications advice on publicity around senior level and other recruitment campaigns |
€17,000 |
- |
Valuation Office
Amount spent on Public Relations/Communications - From 2013 to date in 2014
|
Company Name |
Reason |
Amount |
Additional Amount Estimated for 2014 |
|
Mediavest Limited |
Statutory obligation to advertise the Valuation Notice in respect of Dublin and Waterford Revaluations in National and Regional Newspapers |
€15,495 |
- |
|
Mediavest Limited |
Published Notice in local papers to inform ratepayers that a Revaluation of Limerick City and County was taking place |
€627 |
- |
|
|
Statutory obligation to advertise the Valuation Notice in respect of Limerick Revaluations in National and Regional Newspapers |
|
€15,000 (may be early 2015) |
|
Total |
|
€16,122 |
€15,000 |
Special EU Programmes Body (SEUPB)
Amount spent on Public Relations/Communications - From 2013 to date in 2014
|
Company Name |
Reason |
Amount |
Additional Amount Estimated for 2014 |
|
Arekibo Euro Account |
Website support & maintenance |
£464 |
£256 |
|
dotmailer Limited |
Emails sent re: EuroPA Winter 2012, Telephone training |
£302 |
- |
|
Kantar Media |
Research and Evaluation, Press Clippings, Monthly Reports |
£14,866 |
- |
|
Leslie Strannage Design |
Internal Meeting Pads, Artwork for EU Issues, INTERREG Plaques |
£26,185 |
£20,945 |
|
Navigator Blue |
Your EU - Autumn |
£2,566 |
- |
|
NI MEDIA MONITORING SERVICE |
October clippings & evaluation |
£5,663 |
£3,978 |
|
Niavac Ltd |
Transportation & provision of equipment to Peace conference, Cooms Workshops & Presentations |
£22,556 |
- |
|
NLA Media Access Ltd |
Renewal of licence |
£2,829 |
£959 |
|
Octave online Communications |
Social Media Trainer |
£3,767 |
- |
|
Box 42 |
AV Services |
£5,016 |
£5,016 |
|
Stakeholder Communications |
Delivery of 4 Press Release Writing Workshops |
£2,527 |
£2,527 |
|
Total |
|
£86,741 |
£33,681 |
Office of Public Works
Amount spent on Public Relations/Communications - From 2013 to date in 2014
|
Company Name |
Reason |
Amount |
Additional Amount Estimated for 2014 |
|
Q4 consultants * |
National Catchment Flood Risk Assessment and Management (CFRAM) |
€43,750 |
-
|
* The Office of Public Works, following a public procurement process, engaged Q4 consultants for the public consultation phase of the National Catchment Flood Risk Assessment and Management (CFRAM) Programme in October 2013 at a cost of €43,750 (exclusive of VAT).
342. Deputy Sandra McLellan asked the Minister for Jobs, Enterprise and Innovation if he will ensure that mental health and well-being as well as physical health is enshrined in Irish employment law; and if he will make a statement on the matter. [31446/14]
Amharc ar fhreagraThe duty to protect persons from impairment of their mental condition as a result of work activities is contained within the Safety Health and Welfare at Work Act 2005. Under this Act employers have responsibility to ensure that all their employees are provided with a safe place to work - this duty extends beyond physical safety. An employer must ensure that no employee, in the carrying out of their work, suffers any distress to the extent that it affects their ability to carry out their work and in any way endangers their own safety or the safety of others.
The Safety, Health and Welfare at Work Act 2005, requires employers to put in place systems of work which protect employees from hazards which could lead to mental or physical ill-health. It places an obligation on employers to risk assess all known hazards, and this includes psychosocial hazards
The protection of workers from all potential risks is fundamental to occupational safety and health legislation, to this end it is a legal requirement for all employers to carry out a risk based assessment of all hazards and risks in any place of work under their control. From the results of this risk assessment, employers are required to complete an operational Safety Statement which outlines the hazards and risks identified in that workplace and control measures put in place to eliminate or reduce them.
Arising from its evaluation of health and safety measures adopted at EU and national level in recent years, the European Commission's new EU Strategic Framework on Health and Safety at Work for the period 2014-2020 has identified a number of key challenges that are common across the European Union and that require further policy action. It has specifically identified the need to consider the impact of changes in work organisation in terms of physical and mental health. The Health and Safety Authority is a collaborating partner in the EU Joint Action Project on Mental Health at Work.
343. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the reason Ireland is not a member of CERN; the plans for Ireland to become a member; and if he will make a statement on the matter. [31481/14]
Amharc ar fhreagraThe Government's priority in the area of science, technology and innovation is to implement the recommendations of the National Research Prioritisation Exercise which will see the majority of public research funding aligned with priority areas where we are most likely to get economic and social returns, particularly in the form of jobs.
Ireland's membership of international research organisations must be predicated on whether the benefit of membership, in terms of support to Irish researchers, companies and jobs, justifies the cost involved. I am conscious of the calls by some researchers for Ireland to apply for CERN membership. The last time a review of the benefits of Ireland joining CERN was undertaken the conclusion was that it was not the best use of resources. Since then, resources have become even scarcer, but it is timely to have a fresh look at the opportunities and the costs associated with membership. Any decision about joining CERN must take into consideration the opportunity costs involved, as payment of any fees would have to come from existing funding, meaning that less funding would be available for our existing research priorities. I have an open mind on the matter and it will come down to what represents best value for taxpayers’ money. I have asked my Department to consult with CERN, the relevant research and enterprise agencies and with the academic/research community and to bring forward an assessment within the coming months.
344. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will provide, in a tabular form, on a county basis and in the case of Dublin on a local authority basis the number of Industrial Development Agency client visits to date in 2014; and if he will make a statement on the matter. [30684/14]
Amharc ar fhreagraI am informed by IDA Ireland that up to the end of June 2014, there were a total of 250 site visits by potential investors to various locations across the country. Details of the number of site on a county basis are set out in the attached tabular statement. Data on the site visits is maintained on a county basis only.
As the Deputy is aware, Foreign Direct Investment (FDI) is, and will continue to be, an integral part of Ireland's economic development strategy. IDA Ireland's Annual Report and Accounts for 2013, which was launched last week shows that 2013 was one of the best years in recent times for the attraction FDI and the creation of jobs in IDA Ireland client companies. During the year a total of 13,367 new jobs were created in IDA Ireland client companies and 164 investments were won which exceeded the targets set out in the Action Plan for Jobs 2013. Of the 164 investments won, 78 came from companies investing in Ireland for the first time, with 59 expansions and 27 Research, Development and Innovation projects. There are now over 166,000 people directly employed in IDA Ireland client companies nationwide, the highest number in the history of the agency.
I am delighted to say that IDA Ireland's mid-year results which were released last week show that over 100 investments were secured in the first six months of 2014, compared to 70 at the same time last year. Of the investments secured, 40% have come from companies investing in Ireland for the first time, with the remainder represented by extensions and transformations by existing companies. The projects approved during the first half of 2014 will lead to the creation of 8,000 jobs this year and over future years as the companies roll out their investment plans.
Continuing the strong flow of jobs growth from multinational companies is a crucial part of our Action Plan for Jobs. We have put in place a range of measures to support jobs growth in this area, including extra IDA staff overseas, an increase in the number of Ministerial trade missions and new advance facilities in regional cities and towns. In the past three years we have seen a total of more than 18,000 net new jobs created in multinational companies across the country. I am determined to continue making the necessary changes to ensure that we can continue this flow of job creation across the country in the coming years.
Table shows the number of IDA Ireland site visits by county to the end of June 2014
|
County |
To End June 2014 |
|
Carlow |
0 |
|
Cavan |
1 |
|
Clare |
9 |
|
Cork |
26 |
|
Donegal |
3 |
|
Dublin |
144 |
|
Galway |
13 |
|
Kerry |
1 |
|
Kildare |
1 |
|
Kilkenny |
6 |
|
Laois |
0 |
|
Leitrim |
1 |
|
Limerick |
15 |
|
Longford |
0 |
|
Louth |
5 |
|
Mayo |
1 |
|
Meath |
2 |
|
Monaghan |
0 |
|
Offaly |
0 |
|
Roscommon |
1 |
|
Sligo |
8 |
|
Tipperary |
0 |
|
Waterford |
5 |
|
Westmeath |
4 |
|
Wexford |
0 |
|
Wicklow |
4 |
345. Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation the cost to the State of trade missions undertaken by his Department since he has taken office; and if he will make a statement on the matter. [30797/14]
Amharc ar fhreagraUnder my Department, Enterprise Ireland is responsible for the development and internationalisation of Irish enterprises. Enterprise Ireland has a network of 30 offices worldwide to help Irish firms develop overseas markets. Each year, Enterprise Ireland, following dialogue with my Department and the Department of Foreign Affairs and Trade organises a series of targeted Ministerial international trade missions, market visits, participation in international trade fairs and a large number of international buyer visits to Ireland. These are focused on assisting Irish firms target and secure international contracts and overseas partners. In Ireland, Enterprise Ireland works directly with Irish firms to help them start up, develop their businesses, build competitiveness, and innovate so they can become successful exporters. Delivering an intensive programme of ministerial-led trade missions is a key commitment in the Government’s Action Plan for Jobs. The number of ministerial-led Enterprise Ireland trade missions has more than doubled since 2011. The impact of trade missions together with the many other sales, marketing and trade promotion efforts of Enterprise Ireland are reflected in the growth in exports of Enterprise Ireland clients and the jobs they sustain and create. As announced recently, Irish companies supported by Enterprise Ireland set a new export record of €17.1bn in 2013. This represents an increase of 8% on 2012. Ministerial led trade missions are internationally recognised as a key part of helping companies win export contracts. They provide an important level of credibility to participating companies and enable our SMEs to meet potential buyers at a senior level in target companies.
I set out below a list of trade missions that I or a Minster of State in my Department has partaken in since this Government came into office. The total estimated cost of these missions is:
|
Year |
Cost |
|
2011 |
€ 192,875 |
|
2012 |
€ 254,560 |
|
2013 |
€ 301,302 |
|
2014 |
€ 176,251 |
|
Date - 2011 |
Country |
Minister |
|
Apr-17 |
India/Saudi Arabia |
Minister Richard Bruton |
|
Sept 10-17 |
Australia |
Minister John Perry |
|
Sept 18-24 |
USA |
Minister Richard Bruton |
|
Date - 2012 |
Country |
Minister |
|
March 15-17 |
Finland/Sweden |
Minister John Perry |
|
March 22-30 |
China |
Minister Richard Bruton |
|
June 30- July 3 |
France |
Minister Richard Bruton |
|
Oct 27-Nov 2 |
Japan |
Minister Sean Sherlock |
|
Nov 7-10 |
Canada |
Minister Richard Bruton |
|
Date - 2013 |
Country |
Minister |
|
Feb 26-27 |
Stuttgart |
Minister Sean Sherlock |
|
March 5 - 9 |
Texas |
Minister Richard Bruton |
|
May 13 - 16 |
Poland & Czech Republic |
Minister John Perry |
|
July 21 – 27 |
China & Japan |
Minister Richard Bruton |
|
Nov 17-21 |
India |
Minister Richard Bruton |
|
Date - 2014 |
Country |
Minister |
|
January 3-10 |
Gulf Trade Mission |
Minister Richard Bruton |
|
February 9-13 |
Singapore |
Minister Richard Bruton |
|
February 9-13 |
Malaysia |
Minister Richard Bruton |
|
May 4-9 |
Texas, USA |
Minister Richard Bruton |
|
June 21 - 28 |
China/S. Korea |
Minister Richard Bruton |
|
June 11-13 |
Switzerland |
Minister Sean Sherlock |
346. Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation if he will expedite a work permit application in respect of a person (details supplied); and if he will make a statement on the matter. [30939/14]
Amharc ar fhreagraI am pleased to advise the Deputy that a permit issued in this instance on 9th July 2014.
347. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 217 of 1 July 2014, if he will respond to further information provided (details supplied); and if he will make a statement on the matter. [30950/14]
Amharc ar fhreagraAs the Deputy has not been in a position to provide 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 in relation to the issue of any determination.
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.
348. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the steps that are open to an employee in situations where a rights commissioner stated that they had serious concerns regarding the employer's conduct and a subsequent Labour Court ruling deemed a dismissal to be unfair, and yet the employee has not been reinstated or recompensed (details supplied). [31039/14]
Amharc ar fhreagraThe Rights Commissioner Service is part of the Labour Relations Commission, a statutory body independent of my Department in the performance of its functions.
I understand that, in this instance, while the claim referred to an unfair dismissal, it was lodged under the Industrial Relations Acts 1969 to 2001. The Rights Commissioner’s Recommendation issued on 2 May 2014. In the case of the Industrial Relations Acts 1969 to 2001, the time limit for an appeal to the Labour Court is 6 weeks after the making of the Rights Commissioner Recommendation. This recommendation would have been accompanied by an Information Sheet outlining the appeals process. As the Recommendation has issued, that concludes the involvement of the Rights Commissioner Service.
There is no record of an appeal having been made to the Labour Court in this case. Such an appeal would have resulted in a recommendation being issued to the parties by the Labour Court. This recommendation however would not have been legally enforceable as such recommendations under the Industrial Relations Acts 1969 to 2001 are voluntarist in nature.
As there is no legal compellability available to enforce such awards the only avenue open to the claimant is to seek, either in person or through his/her trade union, to have the award honoured by the employer.
349. Deputy Seán Ó Fearghaíl asked the Minister for Jobs, Enterprise and Innovation if he will clarify, in the context of consumer protection legislation, the position in relation to the Garth Brooks concerts, should some, or all, of these concerts not go ahead; if he will further clarify the place of registration of the promoting company; if this has any implications in the event of the cancellation of concerts; if he has considered the position of Ticketmaster agents and the costs that would likely be incurred by them in the event of cancellation; and the time frame within which ticket buyers may expect to be recompensed; and if he will make a statement on the matter. [31094/14]
Amharc ar fhreagraThe rights of purchasers of tickets for the Garth Brooks concerts derive from their contract with the ticket service provider. The terms and conditions governing tickets sold by Ticketmaster provide that, where an event is cancelled and not rescheduled, ticket purchasers are entitled to a refund of the sale price of the ticket, including the relevant service charge. Ticketmaster have issued a notice stating that, for tickets bought online or by telephone, a full refund will be made on 15 July to the credit or debit cards used to make the purchase and that it will take 7 to 10 working days for the refund to reach the purchasers’ accounts. Alternative arrangements have been put in place for persons who purchased tickets from Ticketmaster ticket centres. The customer care policy of the concert promoter, Aiken Promotions, also provides that, in the event of a cancellation, the cost of tickets will be refunded in full.
Consumers who bought tickets from secondary ticket resellers should check the terms and conditions of their contract with the reseller. If purchasers paid by credit or debit card, they may be able to obtain a refund by means of the chargeback facility under their card scheme. Where goods or services are to be delivered, the main card schemes permit chargeback claims up to 120 days from the date delivery was due.
In relation to any ancillary bookings that consumers may have made for accommodation or transport, consumers should check the cancellation policies of the providers of such services. Where consumers no longer wish to proceed with such bookings and wish to cancel, there is no general entitlement to a refund. It will depend on the cancellation policies and/or the goodwill of the service providers as to whether refunds are made in full or in part. Iarnród Éireann have stated that they will provide full refunds for rail tickets purchased for the purpose of attending the Garth Brooks concerts. One hotel group has indicated that it will make full refunds to persons who booked rooms for the purpose of attending the concerts.
The concerts are promoted by Aiken Promotions, and Aiken Promotions (Ireland) are registered in Ireland. The place of registration of the promoter does not affect the rights of the purchasers of tickets for the concerts.
I have no information at this stage about the position of Ticketmaster agents and the costs that they would be likely to incur in the event of cancellation of the concerts. This is a matter in the first instance for discussion and resolution between the agents and Ticketmaster.
350. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation when his Department will publish its annual report for 2013. [31130/14]
Amharc ar fhreagraIt is anticipated that my Department’s annual report for 2013 will be finalised in the autumn. The report will then be translated into Irish, as required by the Official Languages Act 2003, and will be published in both languages when the Irish translation has been completed.
351. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will publish the workplace relations Bill before the Dáil Éireann summer 2014 recess. [31306/14]
Amharc ar fhreagraAs the Deputy may be aware, the ongoing programme which I have initiated to reform the State’s employment rights and industrial relations structures is at an advanced stage. This reform programme will result in the establishment of a new two-tier Workplace Relations structure comprising two statutorily independent bodies replacing the current five. We will have a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court.
My objective is to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement, within a reasonable period of time.
While considerable progress has been achieved to date on an administrative basis, completing the proposed reform requires the enactment of detailed legislation in order to provide the statutory basis for the new structures and processes. The Government approved the text of the Workplace Relations Bill at its meeting on 8th July, 2014 subject to completion of some technical or drafting amendments. My intention is to publish the Bill as soon as these technical drafting amendments are completed with a view to having the new structures in place in 2014.
