Written Answers Nos. 947-962
948. Deputy Noel Rock asked the Minister for Jobs, Enterprise and Innovation if she is satisfied that the prohibition in section 55(q) of the Consumer Protection Act 2007 regarding the passing off of advertising content as editorial applies to the activities of social media influencers who are being paid to promote products, services and events through their social media accounts; and if she will make a statement on the matter. [27266/16]
Amharc ar fhreagraThe Deputy will appreciate that only the courts can authoritatively interpret and determine statutory provisions. As section 55(q) of the Consumer Protection Act 2007 gives effect to the provision at point no. 11 of Annex I of Directive 2005/29/EC on Unfair Commercial Practices, it is the function of the European Court of Justice to ensure that European Union law is interpreted and applied in the same way in all Member States. To date, the provision in question has not been the subject of a ruling by either the Irish courts or the European Court of Justice.
Though the term ‘media’ is not defined in the 2005 Directive or the 2007 Act, my Department’s view is that section 55(q) of the Act and the provision of the Directive to which it gives effect would cover the activities of social media influencers who are being paid to promote products, service and events through their social media accounts. This view is based on, among other things, on the very broad definition of ‘commercial practice’ in the Act and the Directive, the fact that the definition of ‘trader’ in the Directive includes ‘anyone acting in the name or on behalf of a trader’, and the provisions of section 6 of the Interpretation Act 2005 on construing provisions in changing circumstances. I would emphasise however that this is my Department’s view and not an authoritative judicial interpretation.
Other provisions of the Act and the Directive are also potentially applicable to the activities referred to in the Deputy’s question, in particular –
- section 55(x) of the Act which prohibits a trader from ‘making a representation or creating an impression that the trader –
(i) is not acting for purposes related to the trader’s trade, business or profession, when the trader is so acting, or
(ii) is acting as a consumer when the trader is not;’
- section 43(3)(e) and (h) of the Act which provide respectively that matters relating to the ‘existence, extent or nature of any approval or sponsorship (direct or indirect) of the product by others’ and ‘the trader’s motives for the commercial practice’ may be the subject of false, misleading or deceptive information under sections 43(1) or (2) of the Act;
- section 46(2) of the Act which provides that a commercial practice is misleading under the provisions of section 46 on the omission or concealment of material information if the trader fails to identify the commercial intent of a commercial practice and the practice would be likely to cause the average consumer to make a transactional decision that he or she would not otherwise make.
The investigation of possible contraventions of the Consumer Protection Act 2007 is the function of the Competition and Consumer Protection Commission which is fully independent in the exercise of its enforcement functions under this and other enactments.
I would also draw the Deputy’s attention to the provisions of the Code of Standards for Advertising and Marketing Communications of the Advertising Standards Authority for Ireland, in particular the following sections:
3.31 A marketing communication should be designed and presented in such a way that it is clear that it is a marketing communication.
3.32 Marketing communications should not misrepresent their true purpose. Marketing communications should not be presented as, for example, market research, consumer surveys, user-generated content, private blogs, or independent reviews is their purpose is marketing, i.e. the promotion of a product;
3.33 Advertorials should be clearly identified, should be distinguished from editorial matter and should comply with the Code.
949. Deputy Mick Barry asked the Minister for Jobs, Enterprise and Innovation her plans to respond to the recommendation of the Low Pay Commission that the minimum wage be raised by 10 cent per hour; when Dáil Éireann will vote on the recommendation; and if she will make a statement on the matter. [27306/16]
Amharc ar fhreagraThe Low Pay Commission was established by Government on a statutory basis in July last year through the National Minimum Wage (Low Pay Commission) Act 2015. Its principal function is, once each year, to examine the national minimum hourly rate of pay and to make a recommendation to the Minister in respect of the rate, ensuring that all its decisions are evidence based, fair and sustainable, and do not create significant adverse consequences for employment or competitiveness.
As you are aware, the current national minimum hourly rate of pay for an adult worker is €9.15. This rate came into effect on January 1st last following Government acceptance of the Low Pay Commission’s first recommendation of July 2015 to increase the rate from €8.65 per hour. As well as accepting the recommendation, the Government adjusted the PRSI system in Budget 2016 to ensure that the benefit of the increase was not lost to the employee and that the effect of the increase to €9.15 per hour on employer’s PRSI liability was mitigated.
The Commission’s second report which my colleague Minister Mitchell-O’Connor submitted to Cabinet on July 19th recommends a rate of €9.25 as the national minimum hourly rate. The recommendation will be considered by the Government in the context of the 2017 budgetary process.
In accordance with the National Minimum Wage Acts 2000 and 2015 the Minister is given three months from the date of receipt of a recommendation to declare, by Order a national minimum hourly rate of pay or decline to move such an Order. Any Order made must be laid before each House of the Oireachtas.
950. Deputy Jack Chambers asked the Minister for Children and Youth Affairs the safeguards the State has put in place to ensure there is fair and equitable admissions to preschools for applicants; if there is any legal certainty for parents who have been awarded a place and then told they cannot get a place; and if she will make a statement on the matter. [26561/16]
Amharc ar fhreagraThe Early childhood Care and Education (ECCE) Programme is administrative in nature, and as such, ECCE enrolments are not offered on the basis of legislative or statutory provisions. However, 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 that have chosen to provide it have been required to sign a contract known as the ‘Grant Funding Agreement’.
Each pre-school provider is free to determine their own admission policies, once these are within the terms of the ECCE Programme, as set out in the Grant Funding Agreement. Contained within this agreement is a stipulation that providers must comply with relevant legislation and regulations, as follows:
4.1. The Registered Provider agrees to comply with all relevant legal and regulatory requirements, including, without limitation, regulations made under the Child Care Act 1991 (as amended, including by the Child and Family Agency Act 2013), planning legislation, fire safety legislation, employment legislation, the Equal Status Acts 2000 to 2015, health and safety legislation and the Data Protection Acts 1988 and 2003 in the operation of the Pre-School Service.
Places provided under the ECCE programme by the Registered Provider must meet the requirements in terms of length per day, days per week and weeks per year (i.e. 3 hours per day, 5 days per week and 38 weeks per year). As it is not mandatory for children to attend every day, service providers can prioritise places for children where parents indicate a greater level of attendance.
Where parents have been refused a place or are unable to find one, they should contact their local County Childcare Committee (CCC) for advice and assistance in locating a suitable place. The CCC can then bring any issues of concern to the attention of my Department.
951. Deputy Niamh Smyth asked the Minister for Children and Youth Affairs the number of women's refuge centres here; the number of women these centres can cater for and in these centres at present; the name of the centre which supports women in Cavan and Monaghan; her plans to introduce more; the supports in place for women in counties of Cavan and Monaghan who have no centre; and if she will make a statement on the matter. [26789/16]
Amharc ar fhreagraTusla, the Child and Family Agency allocates funding for a network of 60 organisations that provide services to victims of domestic, sexual and gender-based violence in Ireland. This includes 20 services that provide some 145 family units of emergency refuge accommodation to women and children.
Tearmann Domestic Violence service which is based in Monaghan town provides support, information and court accompaniment services to women experiencing domestic violence. It also provides an outreach service in County Cavan. In 2015, the Tearmann Domestic Violence service provided services to 251 women, approximately half of whom were from County Monaghan and half from County Cavan.
There are no women's refuges at present in Counties Cavan and Monaghan. However, Tearmann Support Service refers women who need emergency accommodation to women’s refuge centres in Navan, Dundalk and Drogheda. The capacity of these units to provide emergency accommodation is as follows:
|
Location of women’s refuge |
Capacity: Units of emergency accommodation provided |
|
Navan |
5 |
|
Dundalk |
5 |
|
Drogheda |
11 |
Tusla has no immediate plans to develop additional refuges in the North East. However, Tusla is engaging with service provider organisations and other stakeholders to identify and prioritise future needs, including the provision of additional emergency accommodation spaces nationally. Since the beginning of 2016, six additional units of emergency accommodation have become operational and are supported by Tusla.
At all times my priority, and that of Tusla, is to ensure that the needs of women and children fleeing domestic violence are being met in the best way possible.
952. Deputy Jim O'Callaghan asked the Minister for Children and Youth Affairs when it is intended to commence Part 11 of the Children and Family Relationships Act 2015. [26924/16]
Amharc ar fhreagraPart 11 of the Children and Family Relationships Act 2015 amends the Adoption Act 2010 to provide for the joint adoption of a child by civil partners and cohabiting couples. Part 11 of the 2015 Act requires amendment in order to ensure that the 2010 Act adequately protects the rights of those persons whose consent to an adoption is required and to generally ensure a robust legislative basis for adoption. The Adoption (Amendment) Bill 2016 repeals Part 11 of that Act. The provisions for providing for the adoption of a child by civil partners and cohabiting couples are being provided for in the Adoption (Amendment Bill 2016 by way of bringing forward the relevant sections (amended as necessary) from Part 11 of the Children and Family Relationships Act 2015 into the Adoption (Amendment) Bill 2016. This Bill has passed second stage and will be considered by the Joint Committee on Children and Youth Affairs in the coming Dail term.
953. Deputy John McGuinness asked the Minister for Children and Youth Affairs when an application under the access and inclusion model, AIM, scheme will be approved in respect of a person (details supplied). [26477/16]
Amharc ar fhreagraAIM, which is a new programme of supports to enable children with a disability to access and fully participate in the free pre-school programme, is administered by Pobal on behalf of this Department. The degree of support provided will depend on the needs of the child in the context of the pre-school service.
This Department has made enquiries of Pobal in relation to your query and it is understood that an application was received and is being processed in accordance with the agreed protocols which ensure due process, fairness and equity and a decision will issue as quickly as possible.
As soon as a decision is made under AIM, both the parent(s) and childcare provider are contacted and informed of same.
954. Deputy Brendan Griffin asked the Minister for Children and Youth Affairs if the entry points to the free preschool years will be reviewed given the difficulty child care providers are having coping with capacity and demand; and if she will make a statement on the matter. [26767/16]
Amharc ar fhreagraIn anticipation of increased demand for places in the Early Childhood Care and Education Scheme, the Department introduced a number of measures to assist Early Years providers and ensure sufficient capacity. My Department provided capital funding of €4m to services throughout the country to increase capacity. I subsequently received approval from the Minister for Public Expenditure and Reform to increase this amount to €6.5m, allowing all applications that met the criteria for grant funding to be approved.
This capital scheme has already provided several thousand new places, and this number will increase as works are completed. Capitation rates for ECCE reduced in previous years were restored and I amended the rules that enable access to the higher level of capitation to make it more accessible to services. In addition, the Department has worked closely with Childcare Committees Ireland to analyse demand for places on a geographic basis, to identify any shortages in provision, and to work intensively with services in areas where shortfalls might have been expected to occur.
I am happy to report that so far there has been sufficient places to meet demand for places in the September intake, and the indication is that the January intake will also be provided for. Childcare Committees Ireland has informed me of its confidence that we will have addressed any shortfall that might arise for the April intake in time to ensure that all children will be accommodated.
The multiple entry points to ECCE was a recommendation in Right from the Start, the Report of the Expert Advisory Group on the Early Years Strategy, published in 2013. The objective of this recommendation was to ensure that all children could access free pre-school from as early as possible after their third birthday. My intention is to review the expanded ECCE scheme after the 2016-17 programme year, with a view to making any possible improvements for the next year.
955. Deputy Robert Troy asked the Minister for Children and Youth Affairs the total travel expenses and reimbursement costs incurred by her Department per annum from 2011 to 2016 to date in tabular form; and if she will make a statement on the matter. [26865/16]
Amharc ar fhreagraThe information requested by the Deputy relating to travel and subsistence expenses in the Department is set out in the following table:
|
YEAR |
Tand S EXPENDITURE (€000) |
|
2011 |
66 |
|
2012 |
102 |
|
2013 |
136 |
|
2014 |
78 |
|
2015 |
109 |
|
2016 (to end July) |
94 |
All travel and subsistence claims in my Department are paid in line with the travel and subsistence circulars as issued by the Department of Public Expenditure and Reform.
956. Deputy Frank O'Rourke asked the Minister for Children and Youth Affairs if her Department has a specific data protection officer in place; if that position is exclusive or if the position holder has other duties; and if she will make a statement on the matter. [26872/16]
Amharc ar fhreagraData protection responsibility falls within the remit of the Support Services function at my Department. The Data Protection Officer also holds additional responsibilities and there are no plans to make this role an exclusive position at my Department.
957. Deputy Gino Kenny asked the Minister for Children and Youth Affairs the arrangements in place for ensuring that in accessing the free preschool education years, there is no discrimination based on date of birth in relation to a child's eligibility for funding at the start of the school year. [26917/16]
Amharc ar fhreagraMy Department does its best to ensure, in so far as is possible, the equitable treatment of all children and families who apply for childcare funding under the ECCE Programme. In order to ensure objectivity and fairness it is essential that clear rules exist for the scheme and that they are applied in a fair manner. The rules for all the Department’s childcare schemes are clearly published to ensure transparency and consistent application. An essential component of the scheme’s rules is an eligibility date to ensure that the scheme can be administered and budgeted for in an appropriate manner.
From September 2016, the ECCE Programme has been extended to make free pre-school available for 15 hours per week (i.e. 3 hours per day for 5 days), for 38 weeks per annum, to all children from the time they turn three, until they go to 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). 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 have the opportunity to enrol as soon as possible after their third birthday.
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. On average, children will benefit from 61 weeks, up from the previous provision of 38 weeks. Access to the average 61 weeks of ECCE can reduce the cost of childcare by €4,000 per child. The expansion of the ECCE programme will increase the number of children benefitting from 67,000 to 127,000 in a given programme year.
The eligibility for ECCE from age three using multiple entry points was a recommendation in Right from the Start, the Report of the Expert Advisory Group on the Early Years Strategy, published in 2013. The objective of this recommendation was to ensure that all children could access free pre-school from as near as possible after their third birthday until they started primary school. This would ensure that children and families had access to care and education in these formative years.
958. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs her plans to address the costs of child care; how she will ensure that any changes and subsidies she introduces directly benefit the families, for example where subsidies are paid directly to service providers the manner in which she will ensure that prices are not continuously increasing; and if she will make a statement on the matter. [26933/16]
Amharc ar fhreagraThe DCYA currently administers four targeted childcare programmes to support low income families. These are Community Childcare Subvention Programme (CCS), Childcare Education and Training Support Programme (CETS), After-School Childcare Programme (ASC) and Community Employment Childcare Programme (CEC).
These four programmes are administratively very complex and are widely varied in terms of budget, access and eligibility criteria, rates, duration and coverage (in terms of the type and number of childcare services participating in the programmes).
The Report of the Inter-Departmental Group (IDG) on Future Investment in Childcare considered these targeted childcare programmes as part of their work and made recommendations for reform. Essentially, it was recommended that all targeted childcare programmes be merged into one single targeted childcare programme with eligibility for a childcare subsidy under the new programme being determined by income only. The IDG also recommended that State subsidisation of childcare should be paid directly to services as this allows important leverage of quality improvements. Direct payment to services has also been found internationally to be the best way to control costs.
Under Budget 2016 funding to convene a Design Team to develop the single affordable childcare programme was allocated. Work on the new single scheme is advancing. The intention of the new Scheme is to replace the existing targeted schemes with a new streamlined subsidy scheme which is more accessible for parents and providers, which enhances affordability and which provides a flexible platform for future investment in childcare in Ireland. In line with these objectives, the proposed scheme is designed flexibly so that it can be developed and expanded over time.
I brought the proposals for the new Scheme to the Cabinet Sub-committee on September 15th and intend to submit the proposals formally to Government in the near future. I also intend to commission a study on the cost of childcare provision in Ireland before the end of 2016 to inform further policy development.
In developing policy proposals, careful consideration has been given to the issues raised by the Deputy in terms of ensuring that new arrangements will directly benefit families, further details on this will be made available following Government consideration of the proposals.
959. Deputy Pearse Doherty asked the Minister for Children and Youth Affairs if she will provide a timeframe for the appointment of a centre manager to take charge of a children and young people's residential care facility (details supplied); if all those who previously resided at the facility prior to its recent closure and, who should so desire, shall be permitted to return to the unit in order to once again take up residence; if the latter is permissible, the measures that will be taken to facilitate this relocation process and to provide assistance to service users as part of this transition; and if she will make a statement on the matter. [26940/16]
Amharc ar fhreagraAs previously advised, a centre manager has been identified for the residential centre in question. An exact date of appointment will be agreed when the timescale for capital and minor capital works is available. This information will allow for a timeline to be developed around the appointment of the manager and the reopening plan for the centre.
The Social Work Management and Residential Management are working together to ensure that the residential facility meets the needs of young people in the region. Tusla will endeavour, in line with the care plans of children who have been resident in the centre previously, to ensure their needs are met and voices heard in their placement planning. Tusla has advised that it cannot comment on individual young people for confidentiality reasons.
960. Deputy Clare Daly asked the Minister for Children and Youth Affairs if she will consider the aims of the United Survivors group in regard to the commission of inquiry into the mother and baby homes for an end to the use of the word "home" in reference to mothers and babies' institutions, and to the terms of reference of the commission of inquiry to include illegal adoptions and stolen babies. [27003/16]
Amharc ar fhreagra961. Deputy Clare Daly asked the Minister for Children and Youth Affairs her plans to deliver a State apology and memorial garden to all survivors of mother and baby institutions; and if she will make a statement on the matter. [27004/16]
Amharc ar fhreagraI propose to take Questions Nos. 960 and 961 together.
There have been numerous calls to extend the Commission's Terms of Reference. I am satisfied that the Commission has sufficient independence, powers and scope to examine a broad range of concerns and to make a determination on their relevance to the central issues in question. The Commission can also make recommendations in any of it's reports in relation to any relevant matters identified in the course of it's investigations which it considers may warrant further action. The Government will consider any recommendations made by the Commission in this regard.
In regard to matters which may be considered at the conclusion of the investigation, I am of the view that the Commission must firstly be given sufficient opportunity to advance its investigation, establish relevant facts and issue findings.
962. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the expected date for the publishing of the second interim report of the commission of investigation on mother and baby homes; and if she will make a statement on the matter. [27042/16]
Amharc ar fhreagraThe Commission of Investigation into Mother and Baby Homes has recently submitted a second Interim Report.
This Report has been prepared in response to my request that the Commission report on whether it considers any additional matters may warrant further investigation as part of the its work. This request was made of the Commission in July when the Government agreed an extension of the time for the submission of two reports.
It is my intention to publish the Report after I have had an opportunity to study it carefully and to consider its findings. I have asked the Attorney General for her advices on publication and I am consulting with cabinet colleagues to enable Government to respond to the Report as quickly as possible.
