Thursday, 14 Jul 2016

Written Answers Nos. 265-273

Bus Services

Ceisteanna (265)

Robert Troy

Ceist:

265. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his understanding of section 52 of the Dublin Transport Authority Act 2008 regarding the tendering of bus routes. [21888/16]

Freagraí scríofa

Minister for Transport, Tourism and Sport

The organisation, financial compensation and award of public transport service contracts is governed by EU law, known as Regulation 1370/2007.  Relevant provisions of the Dublin Transport Authority Act 2008 (as amended) provide the necessary Irish perspective to this overarching EU framework and section 52 of the Dublin Transport Authority Act 2008 provides the statutory basis for the direct award of public service contracts by the National Transport Authority (NTA) to the three CIÉ subsidiary companies.

Industrial disputes arose in 2015 in relation to the NTA's decision to tender out a small percentage of services previously directly awarded to Dublin Bus and Bus Éireann. As part of the Labour Relations Commission's brokered 'terms of settlement' in May 2015, my Department committed toward examining section 52 as regards some concerns expressed during these disputes by trade unions on perceived ambiguities in the text of the section. These perceived ambiguities included, for example, a concern that the legislation might lead to compulsory tendering of all routes in the future.

The Deputy may be aware that, in December 2015, my predecessor wrote to the trade unions providing the report that had been prepared by the Department (in accordance with the commitment arising from the LRC terms of settlement) considering the issues and taking account of advice received from the Attorney General. The Department's consideration essentially concluded that there was merit in amending the legislation to address perceived ambiguities but that any such amendments would continue to reflect EU law and the current statutory powers of the NTA to determine the appropriate mix of directly awarded and competitively tendered bus services.

I have recently received a briefing from my Department on the matter and I expect to decide shortly on the appropriate way forward.

Bus Services

Ceisteanna (266)

Robert Troy

Ceist:

266. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the number of Dublin Bus and Bus Éireann routes that are profitable. [21889/16]

Freagraí scríofa

Minister for Transport, Tourism and Sport

Dublin Bus and Bus Éireann receive Exchequer funding in respect of public service obligation (PSO) services. PSO services are public transport services provided in the general interest that another commercial operator would not assume or would not assume to the same extent or under the same conditions without reward.

Exchequer funding is made available to the NTA to allocate to the transport operators as it determines and in line with the public service contract it has in place with each operator. These contracts specify the services to be provided by the operators. In the context of the Deputy's question, it is important to note that the contracts are in regard to the provision of a network of PSO bus services. This network requirement is a common feature of contracts of this nature across the EU.

In that context the specific route level analysis sought by the Deputy is not readily available. I have however directed your question to the NTA for direct reply in the context of any network level analysis that might be available.  Please advise my private office if you do not receive a response within ten working days.

Of course, in addition to their PSO work, both bus companies also operate commercial services which are not funded by the Exchequer and which are subject to normal competitive pressure from other operators. In the case of Dublin Bus these services primarily relate to airport express and tourist related services, while Bus Éireann operates an extensive inter-urban Expressway service which is completely commercial and receives no Exchequer funding. The performance of these routes is a commercial matter for the companies concerned.

Departmental Expenditure

Ceisteanna (267)

Robert Troy

Ceist:

267. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the level of borrowings his Department and the various semi-State agencies under his remit have undertaken for infrastructural and capacity improvement; and if he will make a statement on the matter. [21890/16]

Freagraí scríofa

Minister for Transport, Tourism and Sport

My Department does not borrow funds. Its gross expenditure provision for 2016 of over €1.7bn is derived solely from our allocation under Vote 31 of the Revised Estimates for Public Services.  A large portion of the funding is allocated to Agencies and Public Bodies under my remit.  I have forwarded the Deputy's question to those individual bodies for their direct response in relation to borrowings, where such borrowings may exist. Please advise my private office if you do not receive a reply within 10 working days.

Workplace Relations Commission

Ceisteanna (268)

Mick Barry

Ceist:

268. Deputy Mick Barry asked the Minister for Jobs, Enterprise and Innovation if a foreign national worker who either is here illegally or does not have the required work permit can take a case against his or her employer for unpaid wages or unfair dismissal to the Workplace Relations Commission; and if there is any obligation on the Workplace Relations Commission to report such migrant workers to the immigration authorities. [21740/16]

Freagraí scríofa

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

It is important to point out it is an offence to employ someone or be employed without a valid employment permit, where such a permit is required. Where employment occurs in breach of this requirement, such contracts of employment are illegal.

However, the Employment Permits (Amendment Act) 2014 amended the Employment Permits Act 2003 to balance that requirement with measures to prevent an employer benefiting from a contract of employment that is unenforceable for the lack of an employment permit at the expense of a migrant worker.

Redress for issues arising under contracts of employment which are illegal by reason of non-compliance with the Employment Permits legislation cannot be achieved by reference to employment rights legislation which is predicated on legal contracts of employment. Thus the Act of 2014 addresses very precisely the consequences of those employers who breach the Employment Permits Acts with the intention of circumventing minimum wage requirements.

Section 2B of the Act of 2003 as amended provides that a foreign national who can satisfy a court that he or she took all reasonable steps to comply with the requirement of having an employment permit may take a civil action for compensation against the employer for work done or services rendered, notwithstanding the illegality of the contract. This is obviously in addition to potential criminal prosecution of the employer. The compensation for such work or services is to be calculated by a court by reference to the national minimum hourly rate of pay or any other rate of pay which is fixed under or pursuant to any enactment.

Additionally, I as Minister, in my absolute discretion, may take a civil action on the foreign national’s behalf as well as the responsibility for the costs of such action. This is in recognition of the fact that a foreign national may not have the wherewithal to take such action. This is also in addition to and separate from the existing prosecutorial powers.

Section 2B also imposes the following limitations on proceedings:

(a) Proceedings must be brought within 2 years of the date on which the foreign national ceased his or her employment or service with the employer; and

(b) Proceedings are limited to a claim for recompense for work done or services rendered during the period of 6 years prior to the cessation of the foreign national’s employment.

Section 2C of the Act of 2003 as amended provides that proceedings taken against an employer may be brought in the District Court for claims up to €15,000 and in the Circuit Court for claims up to €75,000.

The Workplace Relations Commission under section 32(2) of the Workplace Relations Act 2015, may provide to an official body any information -

(a) obtained by it in the performance of its functions, and

(b) that causes the Commission to suspect that an offence has been committed by any person.

Job Trends

Ceisteanna (269)

Brendan Griffin

Ceist:

269. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the lack of qualified brewers in the jobs market with specialised skills in areas such as barrel beers and so on; if she will accept visa applications for such specialists, subject to all other criteria being met; and if she will make a statement on the matter. [21792/16]

Freagraí scríofa

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

In accordance with our EU obligations, employment permits policy is calibrated to encourage the meeting of general labour and skills needs from within the workforce of the EU and other European Economic Area (EEA) countries. Ireland's labour market is part of a much greater EEA labour market which affords a considerable supply of skilled workers. Where specific skills prove difficult to source within the EEA, an employment permit may be sought to hire a non-EEA national.

The Employment Permit Act 2006 as amended provides the flexibility to deal with changing labour market, work patterns and economic development needs which often require rapid response. The Regulations, as provided for in the Act, are reviewed and adapted on a biannual basis to reflect the exigencies of a changing enterprise environment. They, inter alia, stipulate two types of occupation for the purposes of the employment permits system:

- The Highly Skilled Eligible Occupations Lists (HSEOL) sets out the lists of eligible occupations deemed to be critically important to growing Ireland’s economy, are highly demanded and highly skilled, and are in significant shortage of supply in our labour market. This list is an integral part of the Critical Skills Employment Permit which is designed to attract highly skilled people into the labour market with the aim of encouraging them to take up permanent residence in the State.

- The Ineligible Categories of Employment List (ICEL) includes those occupations for which there is a clear surplus of adequately skilled Irish and EEA nationals in the wider labour force.

My Department has devised a process of reviewing and updating the HSEOL and ICEL for employment permits bi-annually. This review is predicated on a formalised and evidence-based process. Such a process involves obtaining and considering advice from the Expert Group on Future Skills Needs (EGFSN) and Skills and Labour Market Research Unit (SLMRU - SOLAS). The process also includes a public consultation element and input from Government Departments, Agencies, and industry is welcomed. The EGFSN’s Annual Skills Bulletin contributes principally to my Department’s ongoing monitoring of the labour market. This Bulletin draws on data on employment, vacancies, job announcements and immigration and other qualitative information held in the National Skills Database (in SOLAS), to identify imbalances in the Irish labour market at occupational level.

Brewers who have a food science qualification are on the HSEOL (SOC 2129 Material scientists) and thus are eligible for an employment permit, including a Critical Skills Employment Permit. All other classes of brewers are in the ICEL and thus are not eligible for an employment permit. The inclusion of elementary level brewers on the ICEL was informed by the formalised evidence-based process I have described above.

The next review of the lists is due to commence in the Autumn and there will be an opportunity for interested parties to make representations on the composition of the lists.

UK Referendum on EU Membership

Ceisteanna (270)

Michael McGrath

Ceist:

270. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if she will provide data on the early impact of a British exit from the European Union on trade and investment involving Irish or multinational firms with a presence here or in the context of firms currently based in the United Kingdom considering Ireland as a possible base to which to relocate. [21821/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

As has been well-documented, the Government undertook detailed contingency planning in advance of the British referendum on the UK’s membership of the European Union. This process helped to identify significant policy areas that stood to be potentially impacted by a UK exit. It also set out key actions to be taken forward, across Government, in the event of a decision by the British people to leave the EU.

While it is well-known the Government’s preference was for the UK to remain in the EU, we are already implementing the steps identified through that contingency planning. This includes actions identified as immediate priorities in the areas of trade and investment. I have, for example, instituted a coordination group comprising the Chief Executive Officers of both the IDA and Enterprise Ireland, as well as relevant senior officials, to oversee the management of my Department’s response and our messaging to business. Direct contact has also been made with the IDA’s existing client base to assure them of Ireland’s continued membership of the EU and our other continued strengths with regard to foreign direct investment (FDI). I have met too with key stakeholders – including the American Chamber of Commerce, IBEC and the Irish Exporters’ Association – to discuss the challenges posed by the referendum result.

It is important to emphasise, however, that the UK has not yet left the EU and will continue as a member for a considerable period. The full impact of its departure on trade and investment into Ireland will also very much depend on the outcome of future negotiations in connection with the terms of Britain’s post-membership relationship with the Union. It will be therefore difficult to accurately assess implications for Ireland in these areas until those discussions conclude.

I am, though, determined that minimising any potential disruption to trade and investment will remain a key priority, for both my Department and the Government as a whole, as the process ahead unfolds. Another priority will be ensuring that Ireland is well-placed to take advantage of any FDI-related opportunities that may arise on account of the referendum result.

Local Enterprise Offices Data

Ceisteanna (271)

Fergus O'Dowd

Ceist:

271. Deputy Fergus O'Dowd asked the Minister for Jobs, Enterprise and Innovation the number of persons who accessed the local enterprise offices for their services in the Leinster region in the years 2014 and 2015; the number of staff currently employed in each location in Leinster; the amount of funding each location in Leinster has drawn down in the years 2014 and 2015; and if she will make a statement on the matter. [21839/16]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The Local Enterprise Offices (LEOs) provide a wide variety of supports for the micro-enterprise and small business sector. These include Measure 1 capital grants (priming, business expansion and feasibility), so-called Measure 2 “soft” supports such as training and mentoring and a sign-posting and referrals service to other sources of support for the micro and small business sector. The LEOs also allocate online trading vouchers to eligible clients on behalf of the Department of Communications, Climate Change and Natural Resources and support clients in making applications for loans from Micro Finance Ireland.

Details of the numbers of staff employed by the LEOs in Leinster and performance metrics in relation to the number of clients accessing LEO financial, training and mentoring supports in those LEOs are set out in Tables 1 to 4.

Table 1: LEO Staffing in Leinster

LEO	Current Staffing
Carlow	3
Dublin City	9
Dún Laoghaire/Rathdown	6
Dublin Fingal	7
Dublin South	7
Kildare	4
Kilkenny	3
Laois	3
Longford	3
Louth	5
Meath	5
Offaly	5
Westmeath	5
Wexford	5
Wicklow	5

In addition, each of the LEOs bar LEOs Meath and Wexford have a business graduate appointed on a 2-year contact to assist in the development of LEO services.

Details of the funding payments under Measure 1 grants, along with the number of associated clients, made by the LEOs in Leinster for 2014 and 2015 are set out in Table 2.

Table 2: LEO Measure 1 Payments and Clients Paid

-	2014	2015
LEO	Clients	Amount	Clients	Amount
Carlow	37	€340,671	25	€195,636
Dublin City	68	€686,859	56	€602,065
Dún Laoghaire / Rathdown	46	€501,815	33	€390,449
Dublin Fingal	39	€502,520	46	€698,616
Dublin South	29	€331,265	37	€375,977
Kildare	17	€240,568	17	€214,422
Kilkenny	32	€454,276	26	€243,868
Laois	12	€185,410	10	€244,659
Longford	35	€241,048	25	€182,677
Louth	26	€225,203	27	€195,023
Meath	20	€143,098	28	€166,085
Offaly	27	€327,183	26	€292,979
Westmeath	30	€300,332	38	€321,587
Wexford	37	€347,588	26	€303,780
Wicklow	35	€482,945	35	€393,945
	967	€10,931,992	928	€10,048,453

Table 3 provides details of the number of participants that accessed Measure 2 training and mentoring supports in the Leinster LEOs in 2014 and 2015.

Table 3: Number of Measure 2 Training and Mentoring Participant

-	Training	Mentoring
-	2014	2015	2014	2015
LEO	Total Participants	Total Participants	Total Participants	Total Participants
Carlow	1,754	1,296	98	114
Dublin City	1,581	1,759	1,059	1,560
Dún Laoghaire / Rathdown	1,302	1,377	439	427
Dublin Fingal	1,443	1,504	825	766
Dublin South	667	722	424	487
Kildare	1,050	1,008	311	411
Kilkenny	693	828	273	335
Laois	416	562	85	193
Longford	367	331	87	73
Louth	533	413	50	85
Meath	304	460	360	416
Offaly	492	540	71	98
Westmeath	948	1,086	77	99
Wexford	1,136	942	113	101
Wicklow	1,454	1,139	332	455
Total	24,616	2,7185	6,890	8,175

Table 4 provides details of the number of applications received by each of the Leinster LEOs for the Ireland’s Best Young Entrepreneur (IBYE) competition, the number of LEO-assisted applications to Micro Finance Ireland (MFI) and the number and value of vouchers approved by the LEOs under the Trading Online Voucher Scheme for 2014 and 2015.

Table 4: IBYE, MFI and TOVS Details 2014-2015

		IBYE		MFI		TOVS
	2014	2015	2014	2015		2014/2015
LEO	Applications Received	Applications Received	Applications Submitted	Applications Submitted	Vouchers Approved	Value
Carlow	27	40	6	10	47	€92,930
Dublin City	102	114	7	20	137	€311,966
Dún Laoghaire / Rathdown	30	52	12	14	121	€249,462
Dublin Fingal	60	53	3	21	101	€211,122
Dublin South	53	41	4	14	32	€80,000
Kildare	32	52	5	18	73	€142,382
Kilkenny	26	25	2	13	68	€148,647
Laois	24	73	3	7	25	€47,580
Longford	19	15	6	14	15	€24,668
Louth	31	65	2	5	42	€83,180
Meath	28	37	11	27	15	€30,301
Offaly	18	34	2	11	30	€60,981
Westmeath	27	42	7	12	38	€72,549
Wexford	39	43	7	12	54	€102,227
Wicklow	49	43	8	13	132	€268,442
Total	565	729	85	211	930	€1,926,437

Early Childhood Care and Education

Ceisteanna (272)

Niall Collins

Ceist:

272. Deputy Niall Collins asked the Minister for Children and Youth Affairs her views on issues raised in correspondence (details supplied); and if she will make a statement on the matter. [21798/16]

Freagraí scríofa

Minister for Children and Youth Affairs

In Budget 2016, my Department announced a significant expansion to pre-school provision under the Early Childhood Care and Education (ECCE) programme. This measure, which will be introduced from September 2016, means that children will be eligible to start free pre-school when they reach the age of 3, and continue to avail of free pre-school until they start primary school (once the child is not older than 5 years and 6 months at the end of the pre-school year i.e. end June). Following the introduction of the expanded programme there will be three opportunities each year - in September, January and April - for eligible children to enrol for the free pre-school provision. This will ensure that children aged 3 or over have the opportunity to enrol as soon as possible after their third birthday. The extension of ECCE and the rolling entry points was a recommendation of Right from the Start, the Report of the Expert Advisory Group on the Early Years Strategy, 2013. The maximum number of free pre-school weeks to which a child is entitled will depend on their date of birth, and the age at which they start primary school. Each pre-school provider is free to determine their own admission policies, once these are within the terms of the ECCE Programme.

Any scheme funded by Government must have a strong governance regime in place to ensure taxpayers' money is spent appropriately. From the inception of ECCE, services who chose to provide it were required to sign a contract. This contract was recently updated with much of the original content remaining, for example, delivery of ECCE over a 38 week period, in keeping with the school year and traditional pre-school practice.

With regards to payment for non-attendance of children availing of the ECCE Programme, the rules of the Programme make provision for payment to continue in instances where the child is absent for periods of 4 consecutive weeks or less. It is only in instances where a child is absent for a period of more than 4 consecutive weeks that the pre-school provider is obliged to cease claiming payment. If the child subsequently returns to the service, payment will be re-instated. This has been a pre-requisite of the ECCE Programme since it began in 2010. If there is good reason for absence beyond 4 weeks a service must contact their local City and County Childcare Committee (CCC) in writing to seek authorisation not to submit a PIP Leaver Form. The CCC will submit a note on the PIP system for compliance purposes. The service provider should keep any record of authorisation not to submit a PIP Leaver Form on file for compliance purposes.

The objective of the Early Childhood Care and Education (ECCE) Programme is to make early learning in a formal setting available to eligible children in the year before they commence primary school. Approximately 96% of pre-school children have accessed the (ECCE) scheme over the last number of years, demonstrating both good supply and good take-up across the country. The expansion of the ECCE Programme will see the number of children benefitting from the Programme rise from around 67,000 to around 127,000 in a given programme year. Children’s entitlement to ECCE will increase from 38 weeks currently for all children, to an average of 61 weeks (ranging from 51 to 88 weeks depending on date of birth and age starting school). The expansion of ECCE enables services to increase income by 60% or more by increasing the number of places they provide in morning or afternoon sessions. From September 2016 my Department is restoring the ECCE capitation rates to €64.50 for basic capitation and €75 for higher capitation for graduate led services, per child, per week. My Department has also made amendments to the rules for higher capitation payments to allow services claim this higher rate per pre-school room. Historically the higher payment was made only to services where every pre-school room was led by a graduate. This reform of the rules, which the sector sought for some time, will enable this additional €10.50 per child per week be availed of by more services and, at the same time, assists with our agenda to improve the quality of service through a more qualified workforce.

A further opportunity for early years providers to increase their income arises from the investment in 8000 new CCS places in 2016, places which can, for the first time, be availed of through private childcare providers. The CCS provides subsidisation of childcare costs of up to €95 per week per child for eligible families.

I am committed to continuing efforts to make high quality and affordable childcare available to all who need it and at the same time to dealing with challenges faced by thousands of early years providers around the country.

City and County Child Care Committees

Ceisteanna (273)

Willie Penrose

Ceist:

273. Deputy Willie Penrose asked the Minister for Children and Youth Affairs if she will take steps to review her Department's allocation framework for funding to county child care committees (details supplied); and if she will make a statement on the matter. [21824/16]

Freagraí scríofa

Minister for Children and Youth Affairs

The role of the City and County Childcare Committees (CCCs) and how they are funded for their role is a matter my Department continues to consider. At present my Department has no budget available to reverse the reduction in the allocation to the CCCs that occurred a few years ago, but it is something which is likely to be reviewed in the future. I recognise and appreciate the valuable work conducted by the CCCs in assisting my Department with the operation of the various childcare schemes, in supporting providers to develop and deliver high quality services and in providing advice to parents. My Department has progressed a number of important initiatives in the last couple of years with essential assistance from the CCCs.

There is a commitment by my Department to review the functions, structures and governance of the CCCs, as well as the National Voluntary Childcare Organisations (NVCOs). This review has not been progressed to date due to the requirement to prioritise other important initiatives within the early years care and education area. The review in question continues to feature in my Department's business plan, but my Department's main priority in 2016, to date, has been to deliver on the initiatives announced in Budget 2016. The 30% increase in funding announced then brings the total investment in childcare to €345m per annum enabling extension of free preschool, the further subsidisation of childcare for low income families and further advancement of our quality agenda.