Tuesday, 21 Jun 2016

Written Answers Nos. 545 to 565

Penalty Points System

Ceisteanna (545)

Seán Haughey

Ceist:

545. Deputy Seán Haughey asked the Minister for Transport, Tourism and Sport his plans to reform the legislation which allows for the imposition of penalty points; his views on whether it is reasonable to double the penalty points for a motorist who loses an appeal to the courts; if he will introduce a system whereby both fine and penalty points are relinquished in the case of motorists who undertake a driver awareness course, as is the case in the UK and Northern Ireland; and if he will make a statement on the matter. [17164/16]

Freagraí scríofa

Minister for Transport, Tourism and Sport

One of the main features of the penalty points and fixed charge system is the opportunity for a person to pay a charge where they have been detected committing certain offences under the Road Traffic Acts. The payment of the charge is an administrative provision that acts as an alternative to going to court.

When a driver pays the charge, they are accepting responsibility for the commission of the offence, and are allocated a reduced number of penalty points. The purpose of this is to avoid court time being taken up unnecessarily due to cases where there is no disputing the guilt of the individual in question. This frees up the courts to deal with more serious matters, as well as reducing the administrative and time burden on members of the Garda Síochána in prosecuting such cases. Where people feel that they did not commit the offence, they can go to court.

In relation to your query on a driver awareness course, the Road Safety Strategy 2013 – 2020 includes an action to "legislate for, subject to legal advice, and implement rehabilitation and driving awareness courses as court-based sentencing options for repeat offenders".

While the Road Safety Authority recently submitted a position paper in relation to this action, it is being recalled by the Authority for some further work. I look forward to the results of its work.

Olympic Games Qualification

Ceisteanna (546)

Róisín Shortall

Ceist:

546. Deputy Róisín Shortall asked the Minister for Transport, Tourism and Sport if he is aware of the case of a person (details supplied) who has been excluded from the Irish Olympic team; and if he will make a statement on the matter. [17180/16]

Freagraí scríofa

Minister of State at the Department of Transport, Tourism and Sport

The selection of team members to represent Ireland in athletics events at the Olympic Games  is a matter for Athletics Ireland as the National Governing Body for Athletics. All National Governing Bodies of Sport are independent, autonomous bodies and are responsible for their own governance procedures and competition rules for their sports. I have no role in relation to team selection by Athletics Ireland or any of the sporting bodies and it would be inappropriate for me to intervene in this matter.

Road Traffic Legislation

Ceisteanna (547)

Charlie McConalogue

Ceist:

547. Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport if a person (details supplied) in County Donegal can obtain an exemption from section 87 of the Road Traffic Act in order to complete level 3 of the emergency services driving standard training course; and if he will make a statement on the matter. [17208/16]

Freagraí scríofa

Minister for Transport, Tourism and Sport

I note that the Deputy asked my predecessor about this case on 26 January last. The facts of the matter have not changed since.

Section 87 of the Road Traffic Act 2010, as amended, provides exemptions from certain provisions of the Road Traffic Acts for members of the emergency services, including An Garda Síochána, in the course of their duties. I have no proposals to extend the exemptions already provided to any organisation or individual outside of those already provided for.

Questions Nos. 548 and 549 answered with Question No. 544.

Bus Services

Ceisteanna (550)

Alan Farrell

Ceist:

550. Deputy Alan Farrell asked the Minister for Transport, Tourism and Sport if he will engage with Dublin Bus and Fingal County Council to ensure residents in Knocksedan estate in Swords, County Dublin, are provided with an adequate bus service to meet their needs; the action he will take in this regard; and if he will make a statement on the matter. [17250/16]

Freagraí scríofa

Minister for Transport, Tourism and Sport

The issue raised is a matter for the National Transport Authority (NTA) and I have forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.

Employment Rights

Ceisteanna (551)

Michael Lowry

Ceist:

551. Deputy Michael Lowry asked the Minister for Jobs, Enterprise and Innovation the current status of au pairs here; their responsibilities associated with this work; the full suite of employment legislation including minimum wage legislation that applies; the duties and responsibilities of families who hire au pairs; her plans for future development and protection; and if she will make a statement on the matter. [16797/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

There is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage.

All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.

The recent WRC decision regarding an individual working as an Au Pair does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law. I have no plans to review the status of au pairs with a view to deeming persons determined to be employees to be outside the scope of employment law. My Department’s remit in this area is primarily concerned with ensuring that those people found to be employees can enforce their rights, as provided for under employment rights legislation.

EU Directives

Ceisteanna (552)

Alan Kelly

Ceist:

552. Deputy Alan Kelly asked the Minister for Jobs, Enterprise and Innovation if she intends to transpose the European Union audit directive by the deadline of 17 June 2016; and the practical consequences of not having it transposed by the deadline. [16853/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I signed the European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S. I. No. 312 of 2016) on 15 June 2016 and they took effect on 17 June 2016. This Statutory Instrument gives effect to Ireland’s obligations under the EU audit reform package, comprising Directive (2014/56/EU) which amends Directive 2006/43/EC and a Regulation (EU) No 537/2014. Accordingly, the EU transposition deadline has been met.

The Directive applies to all statutory audits while the Regulation adds more stringent rules for the audits of entities such as financial and credit institutions, insurers, funds and listed companies, known as ‘public interest entities’. Both the Directive and the Regulation contain options for Member States to consider.

Had Ireland not transposed the EU reforms on time, there could have followed a number of negative consequences. Those include the fact that the Irish Auditing and Accounting Supervisory Authority (IAASA) would not have been designated as the competent authority and would not have had the appropriate powers to implement and enforce the new enhanced oversight regime for audit. New rules on ethics and audit reporting for auditors would not have the necessary legislative underpinning. Auditors and other stakeholders would not have clarity as to how Ireland intended to exercise the options in the EU Directive and Regulation. National law also gives clarity on how to comply with some of the provisions in the EU Regulation, which is directly applicable in Ireland. Furthermore, Ireland could have faced infringement proceedings by the European Commission and fines.

There were some options in the EU Directive and Regulation that were not essential to transposition and could not be accommodated in the Statutory Instrument. As some of these are considered to be beneficial, it is my intention to introduce a Statutory Audits Bill in the Oireachtas in due course to avail of those options.

Job Creation

Ceisteanna (553, 554, 556)

Maurice Quinlivan

Ceist:

553. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation her strategy for job creation on the Inishowen Peninsula in County Donegal; how Inishowen can benefit from the designation of Letterkenny as a gateway town and from the Letterkenny-Derry Gateway initiative; and if she will make a statement on the matter. [16854/16]

Maurice Quinlivan

Ceist:

554. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation the number of visits to County Donegal by potential investors organised by the Industrial Development Agency Ireland in each of the years 2009 to 2016 to date. [16855/16]

Maurice Quinlivan

Ceist:

556. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation her role in working in partnership with her Northern counterpart in marketing the north west cross-Border region of counties Donegal, Sligo, Leitrim, Derry, Tyrone and Fermanagh for inward investment and job creation. [16857/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 553, 554 and 556 together.

Official employment figures maintained by the Central Statistics Office show that the border region, including Donegal, has seen an increase in employment of 8,300 from the start of 2011 to end of quarter 1 2016. Donegal has performed strongly as well in terms of IDA Ireland-supported inward investment since 2011. The following table sets out IDA Ireland-sponsored site visits to Donegal since 2009.

The concrete evidence of winning further investment for the county can be seen in the Agency’s results. In the past five years, employment in IDA Ireland client companies there has grown to 2,530 from a base of 1,877 – an increase of 35%. In addition, there are now 3,567 people directly employed in Enterprise Ireland client companies in Donegal.

This all shows that significant strides have already been made when it comes to securing new employment and investment projects for Donegal and the region. The Government remains focused, however, on uncovering new opportunities for the Inishowen peninsula, the county and the wider area in the time ahead.

The North East/North West Action Plan for Jobs, launched last November, aims to deliver 28,000 extra jobs in the counties of Sligo, Leitrim, Donegal, Louth, Monaghan, and Cavan by 2020. Key targets in service of this overall goal are to achieve an increase of at least 25% in the number of start-ups in the region; a 25% improvement in the survival rate of new businesses; an increase in the number of IDA investments in the region by 30-40% up to 2019; and an increase of 300 to 500 in the numbers of Údarás na Gaeltachta-supported jobs in the North West.

My Department works closely with its counterpart in Northern Ireland on enterprise development issues which are mutually beneficial. We also strongly support the work of InterTrade Ireland, the North-South Body, which operates a range of business development activities and is co-funded by both administrations. In addition, our two Departments co-fund a strand of the EU's INTERREG Programme, which supports a range of research and innovation initiatives. I look forward to meeting my counterpart, Minister Simon Hamilton MLA, at a meeting of the North-South Ministerial Council in due course.

Last November, the Minister for Foreign Affairs and Trade, Charlie Flanagan T.D, announced the establishment of a North West Development Fund to support the North West Gateway Initiative work of Donegal County Council and Derry City and Strabane District Council. Through the Department of Foreign Affairs and Trade, the Government has allocated €2.5 million towards the establishment of the Fund. The Northern Ireland Executive is working on the modalities of its matching funding.

IDA Ireland-sponsored Site Visits to Donegal 2009 - 2015, and Q1 2016

County	2009	2010	2011	2012	2013	2014	2015	Q1 2016
Donegal	3	4	2	1	7	6	5	1

IDA Site Visits

Ceisteanna (555)

Maurice Quinlivan

Ceist:

555. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation the number of visits organised by the Industrial Development Agency Ireland for potential investors, by county, in each of the years 2009 to 2016 to date. [16856/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

IDA Ireland maintains statistics of site visits by potential investors on a county-by-county basis only. From 2009 to the end of quarter one in 2016, there were a total of 2,777 IDA Ireland sponsored site visits by potential investors to various locations throughout the country. The following sets out, on a county-by-county basis, the number of IDA Ireland sponsored site visits during this period.

The Table shows the number of IDA Ireland sponsored site visits by potential investors by county from 2009 to the end of quarter one in 2016.

County	2009	2010	2011	2012	2013	2014	2015	2016 Q1
Carlow	1	3	2	4	1	2	1	0
Cavan	0	3	0	3	2	1	0	0
Clare	9	7	15	14	5	9	12	3
Cork	29	44	27	38	31	30	48	11
Donegal	3	4	2	1	7	6	5	1
Dublin	90	197	150	196	180	205	242	57
Galway	22	41	35	18	15	19	41	10
Kerry	3	2	2	1	1	3	6	1
Kildare	1	2	3	1	1	1	7	5
Kilkenny	2	0	0	3	3	4	10	4
Laois	1	0	2	0	2	0	4	0
Leitrim	0	0	0	0	1	2	8	1
Limerick	18	38	40	30	23	22	40	9
Longford	0	0	0	0	0	0	2	1
Louth	28	25	26	12	4	10	20	5
Mayo	1	1	0	1	3	4	3	2
Meath	2	0	2	0	1	2	7	2
Monaghan	0	0	1	0	1	0	2	0
Offaly	6	7	1	3	1	1	8	1
Roscommon	0	0	0	0	4	0	2	0
Sligo	5	12	3	6	10	7	15	4
Tipperary	1	1	1	5	4	3	12	4
Waterford	8	11	11	26	14	11	31	4
Westmeath	14	22	15	7	9	12	28	9
Wexford	0	1	0	3	2	1	4	1
Wicklow	2	5	3	6	1	4	7	1
TOTAL	246	426	341	378	326	359	565	136

Question No. 556 answered with Question No. 553.

EU Directives

Ceisteanna (557)

Clare Daly

Ceist:

557. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the steps she will take to implement the European Union Directive 97/81/EC to protect part-time workers here. [16877/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The Protection of Employees (Part-Time Work) Act 2001 (the 2001 Act) implemented EU Council Directive 97/81/EC into Irish law. The purpose of the Directive was to implement the Framework Agreement on part-time work concluded by the European cross-industry organisations UNICE, CEEP and the ETUC.

The purpose of the Framework Agreement, which was annexed to the Directive, was to eliminate discrimination against part-time employees and to improve the quality of part-time work. It also aimed to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner which takes into account the needs of employers and employees. Accordingly, the 2001 Act provides a wide degree of protection for part-time employees, including the general protection that a part-time employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a full time employee.

In addition, Section 13(5) of the 2001 Act contained provisions in relation to the preparation and publishing of a Code of Practice by the Labour Relations Commission in relation to the steps that could be taken by employers for the purposes of Clause 5.3 of the Framework Agreement. Clause 5.3 of the Framework Agreement provided that, as far as possible, an employer should give consideration to a request by workers to transfer from full-time work to part-time and vice-versa. The Labour Relations Commission prepared this Code of Practice, based on the provisions in Section 13 of the 2001 Act, following consultation with the social partners. It was deemed to be a Code of Practice and implemented, in 2006, by the Industrial Relations Act 1990 (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006). Under Section 42(4) of the Industrial Relations Act 1990, the Code is admissible in evidence in any proceedings before a Court, the Labour Court or an Adjudication Officer of the Workplace Relations Commission. Since 1st October 2015, the Workplace Relations Commission has taken over the role and functions of the Labour Relations Commission (including the Rights Commissioners’ Service of the Labour Relations Commission) as well as the functions of the Equality Tribunal and the National Employment Rights Authority (NERA) and the first-instance (complaints and referrals) functions of the Employment Appeals Tribunal.

I understand that IBEC and ICTU were involved in the process of drafting the Directive’s Framework Agreement at European level through the European social partner organisations. At national level, a tripartite group involving this Department, ICTU, IBEC and other relevant Government Departments was established to consider the measures necessary for implementing the Directive in Ireland prior to publication of the Protection of Employees (Part-Time Work) Bill 2000.

I am satisfied that Ireland has met its responsibilities in transposing EU Council Directive 97/81/EC into national law. This position is confirmed by a 2003 report on the implementation of the Directive undertaken by the European Commission.

Industrial Disputes

Ceisteanna (558, 559, 560)

Bríd Smith

Ceist:

558. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation if he is aware of the actions of management at an organisation (details supplied). [16977/16]

Bríd Smith

Ceist:

559. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation if he will intervene in the ongoing strike at an organisation (details supplied) to make clear that this Government is opposed to employers forcibly making staff redundant in the selective manner that management has tried to do here and that Government funding will not be dispensed to employers who treat their workers in this manner. [16978/16]

Bríd Smith

Ceist:

560. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation if she aware of the actions of an organisation (details supplied). [17167/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 558 to 560, inclusive, together.

There is a robust suite of employment rights legislation in place providing protection for employees, including legislation governing working time and pay. This includes the Redundancy Payments Acts 1967 to 2014, the National Minimum Wage Act 2000, the Payment of Wages Act 1991, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Protection of Employees (Part-Time Work) Act 2001, the Protection of Employees (Fixed-Term Work) Act 2003 and the Protection of Employees (Temporary Agency Work) Act 2012.

I understand the dispute at issue relates to the proposed redundancy of a number of staff members due to restructuring of the organisation. I would like to assure the Deputy that the State’s industrial relations machinery continues to be available to assist in the resolution of this dispute and I would urge the parties to engage with them in order to resolve their differences in this instance. Even what often appears to be the most intractable of disputes 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 in a dispute make every effort to reach an agreement and endeavour, through genuine and constructive negotiations, to arrive at a conclusion that is satisfactory to all concerned.

Ireland’s system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, whether in redundancy or other collective disputes, rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement mechanisms to support parties in their efforts to resolve their differences.

Industrial Disputes

Ceisteanna (561)

Maurice Quinlivan

Ceist:

561. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation if she is aware of the dispute at the Garda Síochána Training College in Templemore, County Tipperary, where contract cleaners have been brought in without consultation with the Mandate trade union which represents permanent workers employed by the Office of Public Works and without the latter being given the opportunity to work overtime; that numerous health and safety concerns have been raised with management to no avail; and if she will make a statement on the matter. [17249/16]

Freagraí scríofa

Minister of State at the Department of Jobs, Enterprise and Innovation

Issues relating to employees of the Office of Public Works and their terms and conditions of employment are a matter for my colleague, Pascal Donohoe TD, Minister for Public Expenditure and Reform. Issues relating to the tendering of public contracts are also outside my remit and should be addressed to the Office of Public Procurement which operates as an office of the Department of Public Expenditure and Reform.

The Lansdowne Road Agreement provides for issues that may arise around out sourcing. That agreement provides (par 3.3.5) that where any dispute arises the parties shall seek to resolve any matter through direct dialogue and if this fails the dispute resolution mechanisms set out in paragraph 4 and 6 of the Agreement will be used.

As regards any health and safety concerns in a workplace, a complaint may be made to the HSA Workplace Contact Unit, Health and Safety Authority, Metropolitan Building, James Joyce Street, Dublin 1 (email: [e-mail], Telephone: [phone]).

I would urge any parties to a dispute to avail of the dispute resolution mechanisms available to them.

Departmental Funding

Ceisteanna (562)

John Lahart

Ceist:

562. Deputy John Lahart asked the Minister for Children and Youth Affairs if she will restore funding to the Women's Aid organisation and to the extension of its national freefone helpline to a 24 hour, seven day service; and if she will make a statement on the matter. [17034/16]

Freagraí scríofa

Minister for Children and Youth Affairs

Tusla, the Child and Family Agency, is in receipt of funding of €20.6m in 2016, to support for frontline Domestic, Sexual and Gender Based services. This includes additional funding of €200,000 to support Tusla in implementing the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention). The overall level of funding provided to Tusla is supporting some 60 services throughout the country:

- 20 Crisis Refuges and support services,

- 16 Rape Crisis Centres, and

- 24 Domestic Violence Support Services.

There is an obligation under the Istanbul Convention to have dedicated free 24 hour national helplines in place for contact around issues of domestic violence and sexual violence. Helpline provision will be a specific theme within Tusla’s commissioning processes into the future.

Tusla recognises the substantive work undertaken by Women’s Aid in the current provision of national helpline services for domestic violence and also the many other specialist domestic violence service provider organisations that operate helpline contact.

The Agency is working with these organisations and other stakeholders as part of its helpline commissioning process. The intention is to support the availability of co-ordinated, accessible national helpline services that can provide both initial contact points and facilitate integrated responses to victims of domestic violence. The issue of costs as well as service specifications, will be considered as part of the helpline commissioning process.

Tusla is currently engaged with Women’s Aid around service and funding arrangements for 2016, including provision of its helpline services.

At all times the Agency’s key priority will be to ensure that the needs of victims and survivors of domestic, sexual and gender based violence are being met in the best way possible and to address issues of equity in access to and outcomes from services.

Domestic Violence Services Funding

Ceisteanna (563)

John Lahart

Ceist:

563. Deputy John Lahart asked the Minister for Children and Youth Affairs if she will restore and increase funding to domestic violence services so they can meet demand and increase refuge provision to meet international standards; if she will provide dedicated funding for training of relevant State agencies; and if she will make a statement on the matter. [17035/16]

Freagraí scríofa

Minister for Children and Youth Affairs

The information sought by the Deputy has been requested from the Child and Family Agency. I will respond directly to the Deputy when the information is received.

Child and Family Agency Services

Ceisteanna (564)

John Lahart

Ceist:

564. Deputy John Lahart asked the Minister for Children and Youth Affairs her plans to increase the number of women's refuges of which Ireland has 21, with places for 141 families, which represents only 31% of what is needed; and if she will make a statement on the matter. [17039/16]

Freagraí scríofa

Minister for Children and Youth Affairs

The information sought by the Deputy has been requested from the Child and Family Agency. I will respond directly to the Deputy when the information is received.

Foster Care Policy

Ceisteanna (565)

Mattie McGrath

Ceist:

565. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs to direct Tusla, the Child and Family Agency, to review the application of its policy which states there must be no more than 40 years in age between a foster parent and foster child; the number of foster children in placements where this age gap is exceeded; and if she will make a statement on the matter. [16695/16]

Freagraí scríofa

Minister for Children and Youth Affairs

The age of the carers is never the sole reason for deciding on the suitability of a placement for a child in State care. It must be emphasised that the 40 year age difference between a foster carer, or relative foster carer, and foster child is only a guideline, not a policy, and does not determine a decision regarding suitability. It is more important that the relative carer has the ability to meet the needs of the particular child or sibling group. The potential carer's age is just one of many factors that is taken into account, including health, level of co-operation and communication with social service and the ability to meet all the needs, including any specialised need, of the child.

Placement endings are made following careful consideration of the best interest of the child and, where appropriate, oversight by the courts. The Child and Family Agency, Tusla, does not collect data at a national level on the ages of relative foster carers and the children placed with them. At the end of April 2016, 28% of all children in care were in a foster care placement with relatives, many of whom are grandparents.

Tusla is currently in the process of planning a review of the criteria used by foster care committees in decision-making.