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Tuesday, 10 Mar 2015

Written Answers Nos. 233 to 248

Public Sector Pensions

Ceisteanna (233)

John Browne

Ceist:

233. Deputy John Browne asked the Minister for Public Expenditure and Reform the capitalised value of full pensions for Garda inspectors, Garda superintendents, school principals, directors of services in county councils and paramedics; and if he will make a statement on the matter. [10002/15]

Amharc ar fhreagra

Freagraí scríofa

Public Service superannuation schemes are funded on a pay as you go basis and therefore my Department does not have the information sought by the Deputy.

Public Sector Staff Sick Leave

Ceisteanna (234)

Olivia Mitchell

Ceist:

234. Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform the reason the sick leave policy introduced for the public sector in March 2014, and for the education sector in September 2014, was backdated for four years; and if he will make a statement on the matter. [10004/15]

Amharc ar fhreagra

Freagraí scríofa

The Public Service Sick Leave Scheme provides that an individual's sick leave record will be reviewed over a four-year period in order to determine how much paid sick leave they have access to.  Reviewing sick leave over a period of four years has operated as a flexible way of providing support to employees during periods of illness. The alternative approach of providing more limited access to sick pay over a shorter time frame, is often more restrictive.

The application of a four-year look back was agreed by the Labour Court and reflects the practice that previously existed in the majority of the Public Service. A key rationale for maintaining this provision was that otherwise the introduction of the new Scheme would result in an employee's four-year sick leave record being cleared.  Allowing public servants who had exhausted their access to paid sick leave under previous sick leave arrangements to have access to the full allowance of paid sick leave under the new Scheme would have undermined a fundamental purpose of the new Sick Leave Scheme, which was to reduce the unsustainable cost of sick leave, and on that basis was rejected by the Labour Court.

Public Sector Staff Recruitment

Ceisteanna (235)

Billy Kelleher

Ceist:

235. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if the Public Appointments Service has the discretion to permit someone to proceed to the next stage of the recruitment process in the following circumstances (details supplied). [10039/15]

Amharc ar fhreagra

Freagraí scríofa

The Public Appointments Service (PAS) is the independent centralised provider of recruitment, assessment and selection services for the Civil Service and recruitment competitions are conducted in accordance with the Commission for Public Service (CPSA) Codes of Practice. Recruitment is conducted by way of competitive, fair, merit based selection processes.

In such processes, candidates are required to achieve the minimum standard in each of the selection tests and assessment questionnaires. Taking account of the results of those who reached the qualifying standards, an order of merit is created and candidates who are placed highest are invited to the next stage of the selection process.

In compliance with the CPSA Codes of Practice, and in fairness to other candidates, the PAS has no discretion and would not consider permitting an individual candidate who had not met the overall qualifying standard proceed further through  the selection process.

Heritage Sites

Ceisteanna (236)

Brian Walsh

Ceist:

236. Deputy Brian Walsh asked the Minister for Public Expenditure and Reform the number of visitors to, and the total annual turnover of, each individual Office of Public Works visitor site, in 2014; the net profit returned to the State in respect of each of these sites; and if he will make a statement on the matter. [10101/15]

Amharc ar fhreagra

Freagraí scríofa

Income and Admission figures for each of the sites where the Office of Public Works (OPW) provides guided visitor services are set out in the following table. These are currently provisional pending full audit and verification.

It should be noted that the OPW does not currently analyse all of its cost overheads for heritage sites taking all inputs into account, as certain expenditures are provided corporately by the OPW across its larger property portfolio. Work is underway to develop accounting models to capture, analyse and present this information in a suitable form.

In regard to net profit returned to the State, account should be taken of the economic benefit to local communities in particular, and the national economy in general, in the public presentation of heritage sites by the OPW.

Site Name

2014 Visitor Numbers

Income per site - €   *

 

All figures are provisional

Altamont

58,023

700

Arás

5,197

0

Ardfert Cathedral

6,867

8,097

Athenry Castle

11,268

12,099

Aughnanure Castle

25,485

48,842

Ballyhack Castle

2,471

159

Barryscourt Castle

8,860

231

Battle of the Boyne/ Oldbridge Estate

71,137

84,687

Blasket Centre

44,074

103,096

Boyle Abbey

6,927

10,856

Bru na Boinne

48,996

100,892

Newgrange

139,173

669,558

Knowth

58,883

213,911

Cahir Castle

66,747

130,980

Carrowmore

31,097

60,140

Casino Marino

18,790

31,745

Castletown House & Parklands

285,410

103,882

Céide Fields

28,484

63,478

Charles Fort

74,446

182,450

Clonmacnoise

149,472

573,282

Corlea Trackway Visitor Centre

3,988

268

Derrynane House

24,874

40,153

Desmond Castle

10,507

19,215

Desmond Hall

11,362

128

Donegal Castle

40,626

99,296

Dublin Castle

217,758

789,462

Dún Aonghasa

121,001

224,189

Dungarvan Castle

11,639

681

Dunmore Cave

40,830

61,586

Emo Court

12,082

14,739

Ennis Friary

15,967

16,895

Farmleigh Estate

402,773

0

Ferns Castle

6,875

989

Gallarus Castle

43,650

0

Garinish Island

55,088

169,934

Glebe House and Gallery

24,085

7,909

Glendalough Visitor Centre

79,810

168,405

Hill of Tara

11,892

16,679

J F Kennedy Arboretum

92,236

126,310

Jerpoint Abbey

23,370

59,798

Kilkenny Castle

259,250

831,560

Kilmacurragh Gardens

50,517

0

Kilmainham Gaol

328,886

1,273,549

Listowel

6,196

0

Loughcrew

11,079

0

Main Guard

5,774

1,713

Maynooth Castle

25,268

557

Mellifont Abbey

5,783

6,069

National Botanic Gardens

541,946

119,246

Newmills Corn and Flax Mills

3,476

352

Ormond Castle

9,116

1,662

Parke's Castle

15,423

24,629

Pearse Museum

34,011

2,663

Pearse's Cottage

7,206

7,238

Phoenix Park Visitor Centre

135,790

3,548

Portumna Castle

12,164

20,582

Rathfarnham Castle

0

0

Reginald's Tower

31,029

42,426

Rock of Cashel

272,503

1,003,106

Roscrea Heritage

29,987

7,511

Ross Castle

83,225

92,747

Scattery Island

2,491

653

Skellig Michael

15,315

0

Sligo Abbey

15,309

23,124

St. Audoen's Church

27,502

1,036

St. Mary's Church, Gowran

2,002

56

Swiss Cottage

22,802

36,151

Tintern Abbey

13,433

16,277

Trim Castle

76,511

167,675

* Not all sites have charges for admission

Teachers' Remuneration

Ceisteanna (237)

Anthony Lawlor

Ceist:

237. Deputy Anthony Lawlor asked the Minister for Public Expenditure and Reform in view of the ongoing discussions with regard to pay increases, if consideration has been given to revisiting the Haddington Road agreement, with a view to improving the rates of pay for new teachers who are currently receiving much lower salaries than their colleagues for the same work; if he will prioritise this particular group in any future pay discussions with the teaching unions; and if he will make a statement on the matter. [10125/15]

Amharc ar fhreagra

Freagraí scríofa

There are two measures which currently underpin public service pay and pensions policy: the Financial Emergency Measures in the Public Interest Acts (or FEMPI) and the Haddington Road Agreement (HRA).  The HRA, in the Government's view, sets the parameters for pay policy in the public service  until July 2016.  The pay and conditions of teachers come within the ambit of public service pay policy in this regard. The reduced rates of pay for new entrants to the public service in general, and to the Education Sector specifically, were one of a number of measures introduced over the period since the fiscal crisis began which directly affected the pay of staff.  The reductions in starting pay were introduced as part of the National Recovery Plan in order to reduce the Public Service Pay and Pensions Bill. Negotiations in the Haddington Road Agreement subsequently provided for an agreed process for the amalgamation of pay scales to address the imbalance between those who entered the public service as new entrants after January 2011 and those who became public servants before January 2011. This measure represents a significant redressing of the imbalance particularly in the context of the savings required under the Haddington Road Agreement.

Public Sector Pensions Levy

Ceisteanna (238)

Clare Daly

Ceist:

238. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if he will reverse the pension cuts provided for in the Financial Emergency Measures in the Public Interest Acts. [10348/15]

Amharc ar fhreagra

Freagraí scríofa

I refer to my reply on 18 February 2015 to Parliamentary Question No. 62.  The position remains unchanged.

Care of the Elderly Provision

Ceisteanna (239)

Billy Kelleher

Ceist:

239. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if he will reconsider the transfer of the senior alert scheme to Pobal, as there have been a number of issues raised (details supplied); and if he will make a statement on the matter. [10357/15]

Amharc ar fhreagra

Freagraí scríofa

The Department of Environment, Community and Local Government manages the Seniors Alert Scheme which encourages community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms.  Therefore, this question is more appropriate for my colleague the Minister for Environment, Community and Local Government.

National Lottery Ticket Sales

Ceisteanna (240)

Seán Fleming

Ceist:

240. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if the lottery regulator has quantified the loss of sales of national lottery tickets, arising from persistent technological problems and the consequent reduction in money available for good causes; and if he will make a statement on the matter. [10367/15]

Amharc ar fhreagra

Freagraí scríofa

Under the National Lottery Act 2013 the Minister for Public Expenditure and Reform has no function in relation to the operation of the lottery.  The Act requires the National Lottery Regulator to monitor and enforce compliance by the operator with the Act and with the terms and conditions of the licence granted to the operator.

Public Sector Staff Recruitment

Ceisteanna (241)

Pat Deering

Ceist:

241. Deputy Pat Deering asked the Minister for Public Expenditure and Reform the position in respect of a person (details supplied) in County Carlow, who applied for a position in the Civil Service; and when that person will receive further communication in respect of this application. [10485/15]

Amharc ar fhreagra

Freagraí scríofa

The Public Appointments Service is the independent, centralised recruitment agency for the civil and public service. As the Public Appointments Service can only discuss the progress of an application with the individual concerned, I have requested that they communicate directly with the candidate.

Local Authority Members

Ceisteanna (242)

Mattie McGrath

Ceist:

242. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform if he will confirm that a person (details supplied) is a councillor in Dún Laoghaire-Rathdown County Council; and if he will make a statement on the matter. [10582/15]

Amharc ar fhreagra

Freagraí scríofa

The Minister for Public Expenditure and Reform has no function in this matter. However I understand, as the elected councillors of all Local Authorities is a matter of public record, that the person referred to is a councillor in Dún Laoghaire-Rathdown County Council.

Economic Competitiveness

Ceisteanna (243)

Finian McGrath

Ceist:

243. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation his views on the principle that higher pay increases productivity; and if he will make a statement on the matter. [10057/15]

Amharc ar fhreagra

Freagraí scríofa

Productivity levels are an important determinant of what constitute sustainable pay levels in enterprises and productivity growth can support higher pay and allow the benefits of enhanced competitiveness to be shared, and support recovery in the broader domestic economy. For internationally trading enterprises that are price takers productivity and wage relativities with those in competing countries will impact the pay levels that can be sustained. Where productivity gains support higher pay there is evidence that a virtuous circle may result whereby employees are motivated to work harder, more capable and productive workers are attracted, fewer leave thereby reducing the costs of hiring and training new workers, quality and customer service may be enhanced, disciplinary problems and absenteeism may reduce as higher pay is associated with better health.

As the National Competitiveness Council have pointed out, the skills of the workforce are a primary driver of productivity and long-term competitiveness as is investment in innovation.

Trade Missions

Ceisteanna (244)

Seán Kenny

Ceist:

244. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation his plans to host a trade mission to India; and if he will make a statement on the matter. [10152/15]

Amharc ar fhreagra

Freagraí scríofa

In 2011 and 2013, I led trade and investment missions to India, during which new jobs and export markets were won on the trade, investment and education front. Last November, my colleague, Minister of State English, led an education mission to India. Next month, I plan to travel to India to promote Ireland as an investment location. Later this year, Enterprise Ireland will organise a further ministerial led mission to India which will focus on the education sector. India is a priority market for both Enterprise Ireland and IDA Ireland, with both organisations having a direct presence in the country. Irish companies and education institutions are winning business in India, while there is an increasing interest among Indian companies in Ireland as a location for setting up new operations to service the European market. Trade and investment missions and the work of Enterprise Ireland and IDA Ireland are all part of the efforts to open doors for Irish companies and win more investment for Ireland.

Low Pay Commission Establishment

Ceisteanna (245)

Brendan Griffin

Ceist:

245. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation when he expects the first report from the Low Pay Commission; and if he will make a statement on the matter. [10245/15]

Amharc ar fhreagra

Freagraí scríofa

The establishment of a Low Pay Commission is one of the key commitments in the Statement of Government Priorities agreed in July last. The Commission was officially launched on 26 February last to operate on an interim administrative basis, and the Commission held its first meeting on the same day. Legislation to provide for the establishment of the LPC on a statutory basis will be published shortly with a view to its enactment by mid-2015.

The Commission is now beginning its work on advising the Government on the appropriate rate of the National Minimum Wage and, to this end, has already placed notices in national newspapers seeking submissions on the issue. The Commission is expected to submit its first report by the middle of July.

Transfer of Undertakings

Ceisteanna (246)

Finian McGrath

Ceist:

246. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will support a matter at a factory (details supplied), regarding the TUPE issue; and if he will make a statement on the matter. [10302/15]

Amharc ar fhreagra

Freagraí scríofa

I understand that the company in question is entering into negotiations with trade unions regarding restructuring arrangements, and it would be inappropriate for me to comment on the specifics of this particular case. 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. However, the industrial relations bodies of the State remain available to assist parties if requested.

Ireland has a robust body of employment law, which provides comprehensive protections for employees. Irish law in the area of “transfer of undertakings” (commonly referred to as TUPE) is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, SI No. 131 of 2003. The Regulations implement the mandatory provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. In addition, section 21 of the Employees (Provision of Information and Consultation) Act 2006 transposed a further provision of the EU Transfer of Undertakings Directive relating to the information to be provided by the original employer to the new employer.

The 2003 Regulations provide that all the rights and obligations of an employer arising from a contract of employment (including terms inserted by collective agreements) other than pension rights, existing on the date of a transfer, are transferred to the new employer on the transfer of the business or part thereof.

In accordance with the Transfer of Undertaking Regulations, it would be a matter for a Rights Commissioner to determine in law if any particular case does, in fact, constitute a transfer of undertakings situation. The Workplace Relations Customer Service provides information on employees’ rights and how to obtain redress if an employee considers that their employment rights may 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.

Consumer Protection

Ceisteanna (247)

Michael McGrath

Ceist:

247. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the rules that govern the accuracy and authenticity of advertisements in the print media, including, for example, the Golden Pages; and if he will make a statement on the matter. [10338/15]

Amharc ar fhreagra

Freagraí scríofa

Advertisements in print and other media that are directed at consumers are regulated by the Consumer Protection Act 2007. The Act provides that a commercial practice, such as advertising or marketing, is misleading if it includes the provision of false information in relation to a wide range of matters relating to the trader and his or her goods or services, and if that information would be likely to cause the average consumer to make a purchasing or other decision that he or she would not otherwise make. A trader who engages in such a misleading commercial practice commits an offence. A commercial practice may also be misleading if the trader omits or conceals information necessary for an informed consumer decision and if that omission or concealment would be likely to cause the average consumer to make a purchasing or other decision that he or she would not otherwise make.

An advertiser who publishes an advertisement which contravenes the Act does not commit an offence, however, if the advertiser proves that he or she did not know, and had no reason to suspect, that its publication would be in contravention of the Act. In order to assist enforcement of the Act’s provisions on misleading advertising, an advertiser who accepts or agrees to publish an advertisement is required to make a record of the name and address of a trader who places an advertisement, and to keep that record for not less than two years from the date of its publication.

Advertisements in print and other media that are directed at businesses are regulated by the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (SI No 774 of 2007) which give effect to Directive 2006/114/EC on Misleading and Comparative advertising. The Regulations provide that a marketing communication is misleading if, in any way (including its presentation), it deceives or is likely to deceive in relation to any matter specified in the Regulations the trader to whom it is addressed or whom it reaches, and by reason of its deceptive nature, it is likely to affect the trader's economic behaviour or to injure or be likely to injure a competitor.

In addition to these legislative provisions, advertisements in print and other media come within the system of self-regulation established and administered by the Advertising Standards Authority for Ireland. The Authority’s Code of Standards for Advertising, Promotional and Direct Marketing requires advertising and other marketing communications to be 'legal, decent, honest and truthful'. Members of the Authority are required to abide by the Code and not to publish an advertisement that contravenes it.

Competition and Consumer Protection Commission

Ceisteanna (248)

Willie Penrose

Ceist:

248. Deputy Willie Penrose asked the Minister for Jobs, Enterprise and Innovation if he is satisfied with the operation of proposals to end unfair practices in the retail sector to date; if he has studied the proposals by the European Union Commissioner for Agriculture to impose fines of up to 1% of retail turnover for unfair practices which impact upon producers; and if he will make a statement on the matter. [10387/15]

Amharc ar fhreagra

Freagraí scríofa

I am aware of recent media coverage in which Commissioner Hogan was reported as having indicated his intention to bring forward proposals before the end of this year to address certain issues in the relationships between retailers and producers. Until the EU Commission formally issues any such proposal, and the details are known, it would be premature for me to comment at this early stage.

As the Deputy is aware, the Programme for Government contains a commitment to regulate certain practices in the grocery goods sector and this will be met by way of enabling powers to regulate certain practices in the grocery good sector. These powers are contained in the Competition and Consumer Protection Act 2014. On 22 December 2014, I issued a set of draft regulations for public consultation with a deadline for submissions of the end of February 2015. My Department is currently examining these submissions before the final version of the regulations is promulgated and the regulations are signed into law (as soon as practicable) during 2015.

The new Competition and Consumer Protection Commission will have responsibility for the implementation and enforcement of these regulations.

These national Irish regulations will go much further than the EU voluntary supply chain initiative which has been in operation since September 2014.

As the Deputy will know, I have consistently emphasised that it is important to ensure there is balance in the relationship between the various players in the grocery goods sector and that Ireland continues to have robust agri-food and retail sectors, particularly given the importance of these sectors to the national economy. The regulation of certain practices in the grocery goods sector is intended to achieve such a balance taking into account the interests of all stakeholders in the grocery goods sector including the interests of the consumer and the need to ensure that there is no impediment to the passing-on of lower prices to consumers.

Finally, it is important to note that the introduction of any regulations does not, and cannot, guarantee anything in relation to the prices received by any given link in the supply chain. Negotiations on price will remain an issue between the contracting parties as happens in any commercial relationship. What the new regulations will be intended to achieve is to regulate certain practices, not set prices.

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