Written Answers Nos. 181-193
181. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport if he will provide the necessary funding to support the roll-out of phase two of the National Sports Campus; if he will provide a timeline for its completion; and if he will make a statement on the matter. [32399/16]
Amharc ar fhreagraSimilar to many other proposals for capital expenditure, the Estimates process for 2017 did not allocate funding for phase 2 of the National Indoor Arena (NIA). However, Phase 2 of the NIA is a significant and worthy project and will be considered for funding in the context of the Mid Term Review of the Capital Plan as announced in the Budget.
182. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his plans to have discussions with sporting organisations in regard to ticket touting and the practice of selling tickets above cost price; his views on whether legislation to address this issue is necessary; and if he will make a statement on the matter. [32428/16]
Amharc ar fhreagraLegislation concerning the sale of tickets is primarily a matter for my colleague the Minister for Jobs, Enterprise and Innovation. Nevertheless, I am aware of the public concern about the secondary sale of tickets for major entertainment and sporting events. The issues around ticket resale are not straightforward and it is important that any possible legislative or other response would be based on a thorough examination of the secondary ticket market and its relationship to the primary ticket market. In conjunction with the Minister for Jobs, Enterprise and Innovation, I am currently considering how best such an examination could be undertaken with a view to identifying any measures that would secure fairer access to tickets for consumers.
183. Deputy Bernard J. Durkan asked the Minister for Transport, Tourism and Sport if he will examine the circumstances whereby a person (details supplied) was deemed to be the liable person for a fixed-charge notice issued on 1 August 2016 notwithstanding the fact they sold their car to a garage on 18 March 2016 and the vehicle was subsequently resold to a third party who committed the alleged offence; if the matter can be rectified, with particular reference to the principle of natural justice; and if he will make a statement on the matter. [32507/16]
Amharc ar fhreagraChange of vehicle ownership notifications are recorded on the National Vehicle and Driver File (NVDF) at my Departments office in Shannon, Co. Clare.
According to records on the NVDF, on the date of the offence, 1 August 2016, Ms. Lawlor was the registered owner of the vehicle in question, and hence she received the Fixed Charge Notice. Subsequent to this, the Department received notifications of change of vehicle ownership for the said vehicle.
On review of these notifications, and the correspondence sequence, there appears some doubt as to the owner of the vehicle at the time of the offence, so accordingly the matter has been referred back to An Garda Síochána's Fixed Charge Processing Office in Thurles for investigation.
184. Deputy Colm Brophy asked the Minister for Transport, Tourism and Sport if he requested the National Transport Authority and Irish Rail to fund a project (details supplied) as part of their increased allocation for 2017. [32508/16]
Amharc ar fhreagraThe position regarding the opening of Kishogue Station will be reviewed by the National Transport Authority following the opening of the Phoenix Park Tunnel to passenger services, when service and usage patterns have bedded down.
Works to upgrade the Phoenix Park Tunnel to facilitate train services running from the Kildare line into Connolly, Tara, Pearse and Grand Canal Dock Stations are largely complete. It is expected that commuter rail services will begin using the Tunnel before the end of 2016. The actual service commencement date is a matter for discussion and agreement between the NTA and Iarnród Éireann.
185. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation her views on whether taxi drivers or hackneys using taxi hailing apps (details supplied) could be considered as workers of these companies under employment law; if her Department has undertaken any reviews of the employment status of taxi drivers using these apps; and the outcome of these reviews. [32350/16]
Amharc ar fhreagra186. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation her views on the employment status of delivery riders who are contracted by a delivery service (details supplied); and if these workers are considered self-employed or as employed by the company under Irish employment law. [32351/16]
Amharc ar fhreagraI propose to take Questions Nos. 185 and 186 together.
It would not be appropriate for me to make a determination regarding the employment status of any individuals or groups as there is an existing mechanism in place for making such determinations.
Ireland’s labour inspectorate now forms part of the Workplace Relations Commission (WRC). Where an issue arises in relation to the employment status of an individual cases are forwarded to the Revenue Commissioners and/or the Scope Section of the Department of Social Protection for investigation either solely by the recipient or jointly with the WRC.
In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the relevant Government Departments with ICTU and IBEC.
Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC,s website www.workplacerelations.ie. The WRC,s Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.
187. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation her plans to make ticket touting illegal; and if she will make a statement on the matter. [32427/16]
Amharc ar fhreagraI am aware of the public concern about the secondary sale of tickets for entertainment and sporting events. The issues around ticket resale are not straightforward and it is important that any possible legislative or other response is based on a thorough examination of the secondary ticket market and its relationship to the primary ticket market. I am currently considering in conjunction with the Minister of State for Transport, Tourism and Sport how best such an examination can be undertaken with a view to identifying measures aimed at securing fairer access to tickets for consumers.
188. Deputy Frank O'Rourke asked the Minister for Jobs, Enterprise and Innovation the number of employment permit applications received by the employment permits section per month and annually; the number of permit applications refused; the number of those refused which go on to appeal; the number of appeals that result in the original decision being overturned; and if she will make a statement on the matter. [32431/16]
Amharc ar fhreagraMy Department's Employment Permits Section administers the Employment Permits system, the broad purpose of which is to supplement Ireland's skills supply by allowing enterprise to recruit non-EEA nationals where those nationals have specific skills or expertise which cannot be sourced within the EEA and where such recruitment may benefit the State's economic sector or social development. In line with employment permit policy, employment opportunities which arise in Ireland should, in the first instance, be offered to suitably skilled Irish and other EEA nationals, and should only be offered to non-EEA nationals where no suitable candidate emerges from within the EEA to fill the vacancy.
All employment permits are processed in line with the Employment Permits Act 2006, as amended, which sets out in legislation the procedures to be applied in the application, grant, refusal and appeal of an employment permit.
I set out hereunder the figures as requested by the Deputy for the years 2014, 2015 and to end September 2016.
|
2014 |
Applications Received |
Issued |
Refused |
Appeals Received |
Appeals Granted |
|
Jan |
412 |
449 |
81 |
31 |
7 |
|
Feb |
379 |
302 |
55 |
28 |
12 |
|
Mar |
416 |
353 |
72 |
15 |
14 |
|
Apr |
456 |
313 |
56 |
16 |
12 |
|
May |
710 |
384 |
40 |
18 |
8 |
|
Jun |
683 |
589 |
51 |
24 |
7 |
|
Jul |
749 |
888 |
85 |
25 |
32 |
|
Aug |
529 |
493 |
16 |
24 |
9 |
|
Sep |
610 |
819 |
26 |
27 |
23 |
|
Oct |
318 |
7 |
3 |
0 |
0 |
|
Nov |
568 |
339 |
43 |
15 |
1 |
|
Dec |
483 |
556 |
60 |
27 |
9 |
|
Total |
6313 |
5492 |
588 |
250 |
134 |
|
2015 |
Applications Received |
Issued |
Refused |
Appeals Received |
Appeals Granted |
|
Jan |
635 |
481 |
64 |
22 |
5 |
|
Feb |
498 |
371 |
61 |
36 |
13 |
|
Mar |
636 |
472 |
63 |
22 |
19 |
|
Apr |
636 |
770 |
71 |
23 |
10 |
|
May |
809 |
534 |
48 |
32 |
4 |
|
Jun |
943 |
822 |
36 |
21 |
9 |
|
Jul |
922 |
692 |
56 |
26 |
5 |
|
Aug |
710 |
291 |
44 |
26 |
4 |
|
Sep |
620 |
742 |
118 |
28 |
10 |
|
Oct |
811 |
918 |
134 |
72 |
18 |
|
Nov |
987 |
738 |
139 |
45 |
23 |
|
Dec |
814 |
434 |
72 |
64 |
11 |
|
Total |
9021 |
7265 |
906 |
417 |
131 |
|
2016 |
Applications Received |
Issued |
Refused |
Appeals Received |
Appeals Granted |
|
Jan |
799 |
492 |
79 |
31 |
17 |
|
Feb |
680 |
896 |
111 |
41 |
32 |
|
Mar |
778 |
773 |
126 |
58 |
32 |
|
Apr |
957 |
851 |
188 |
64 |
33 |
|
May |
1298 |
850 |
134 |
94 |
42 |
|
Jun |
1245 |
1020 |
159 |
74 |
27 |
|
Jul |
960 |
1081 |
138 |
50 |
33 |
|
Aug |
934 |
1100 |
273 |
72 |
22 |
|
Sep |
820 |
386 |
126 |
80 |
12 |
|
Total |
8471 |
7449 |
1334 |
564 |
250 |
189. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation her views on the case of a person (details supplied) who sought information from the enterprise board; and if she will make a statement on the matter. [32504/16]
Amharc ar fhreagraThe State support bodies within the remit of my Department, which provide assistance to micro and small businesses in County Kerry, are Enterprise Ireland and the Local Enterprise Office (LEO). Kerry County Enterprise Board was legally dissolved on 14 April 2014 and the LEO Kerry was established on the same day.
The LEOs are the ‘first-stop-shop’ for providing advice and guidance, financial assistance and other supports to those wishing to start or grow their own business. Soft supports in the form of training and mentoring can also be provided to anyone wishing to start or expand their business. The LEOs also provide a ‘signposting’ service in relation to all relevant state supports available through agencies such as Revenue, Credit Review Office and Microfinance Ireland. The LEOs can also offer advice and guidance in areas such as Local Authority rates, Public Procurement and other regulations affecting business.
Both Enterprise Ireland and LEO Kerry have confirmed that they have had no contact with the person in question or his company. As Kerry County Enterprise Board has not traded since its dissolution in April 2014, the Head of Enterprise in LEO Kerry has suggested that the person in question may have been in contact with one of the Local Development Companies which provides assistance under the LEADER programme which is now within the remit of the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs.
If the person in question wishes to contact the LEO Kerry for assistance, the Head of Enterprise will be happy to engage with him directly. Contact details: LEO Kerry, County Buildings, Rathass, Tralee 066 7183522 tomas.hayes@leo.kerrycoco.ie.
190. Deputy John Curran asked the Minister for Children and Youth Affairs the number of students reported to be missing school due to truancy from 2011 to 2016 in the Dublin mid-west area, in tabular form; and if she will make a statement on the matter. [32368/16]
Amharc ar fhreagraTusla, the Child and Family Agency, under the remit of my Department, has a statutory responsibility to ensure each child attends a recognised school or otherwise receives a certain minimum education. The education welfare services of Tusla, comprising the statutory Education Welfare Service, the School Completion Programme and the Home School Community Liaison scheme are key supports for children who are vulnerable to early school leaving and educational disadvantage.
As required by Statute, schools must report to Tusla on any student missing for more than twenty days. Schools are required to report on the following categories of absence: illness, urgent/family reasons, suspension, expulsion, transfer, other and unexplained. Statistics regarding the analysis of school attendance data are published on the Tusla website.
Tusla has advised me that it does not collect data on truancy.
191. Deputy John Curran asked the Minister for Children and Youth Affairs the number of cases awaiting allocation to a social worker in each Tusla local office area, in tabular form; and if she will make a statement on the matter. [32362/16]
Amharc ar fhreagraI have been informed by Tusla, the Child and Family Agency, that in August 2016 there were 20,797 children (open cases) who had an allocated social worker. This work involves dealing with issues of assessment, child protection and children in care. There were a further 4,727 children (open cases) who had been assessed as needing a dedicated social worker, and were waiting for one to be allocated. Some of these cases may have had an allocated social worker. However, maternity leave, sick leave and movement of staff within the service can result in a case being unallocated for a short period of time. I wish to assure the Deputy that all urgent and emergency cases are dealt with immediately. This could involve, for example, cases of abandonment, allegations of physical and sexual abuse, parental ill health and the need to find an immediate placement, or threat to the safety or life of a child by a third party.
Tusla is currently implementing a three-year development plan which includes provision for extra staffing to meet critical service concerns such as addressing children with no allocated social worker. The Government has provided significant additional resources to Tusla, and the Agency have been instructed to expedite the recruitment of staff to address such capacity concerns. During 2016, Tusla has been active in developing its capacity to recruit and retain staff across its multi-disciplinary organisation and this will continue throughout 2017 with a particular focus on areas of highest need.
This Department continues to monitor the number of cases that are reported as awaiting the allocation of a social worker. The additional funding of €37 million which has been secured for Tusla in 2017 will provide increased resources to meet identified risks and service demands. The information requested by the Deputy relating to each local area is detailed in the table.
Number of Open Cases by Allocation Status and Area
|
Area |
No. of Open Cases |
No. of Open Cases without an All. Social Worker |
% of Open Cases without an All. Social Worker |
|
Dublin South Central |
1,179 |
180 |
15% |
|
Dublin South East Wicklow |
1,032 |
71 |
7% |
|
Dublin South West Kildare West Wicklow |
1,616 |
599 |
37% |
|
The Midlands |
1,640 |
542 |
33% |
|
Dublin City North |
1,850 |
316 |
17% |
|
Dublin North |
2,916 |
600 |
21% |
|
Louth Meath |
1,336 |
236 |
18% |
|
Cavan Monaghan |
714 |
221 |
31% |
|
Cork |
4,821 |
750 |
16% |
|
Kerry |
505 |
34 |
7% |
|
Carlow Kilkenny South Tipperary |
1,162 |
254 |
22% |
|
Waterford Wexford |
1,609 |
261 |
16% |
|
The Midwest |
1,598 |
273 |
17% |
|
Galway Roscommon |
1,749 |
267 |
15% |
|
Mayo |
567 |
0 |
0% |
|
Donegal |
789 |
45 |
6% |
|
Sligo Leitrim West Cavan |
441 |
78 |
18% |
|
NATIONAL |
25,524 |
4,727 |
19% |
192. Deputy John Curran asked the Minister for Children and Youth Affairs the cost of providing a third free early childhood care year; and if she will make a statement on the matter. [32363/16]
Amharc ar fhreagraThe costs of the measures described are heavily dependent on uptake - it is estimated that, at present, 10% of children under three are in formal childcare. To cater for an expansion of Early Childhood Care and Education (ECCE) Programme would require significant capital investment to increase the capacity of the childcare sector. In addition, this is likely to require an enormous volume of additional qualified staff.
Currently the ECCE Programme is available for children from the age of three until they attend primary school, provided they are no older than five years and six months by the end of the pre-school year (ie. end of June). As all children must be in primary school by the age of six it would be impractical to extend the ECCE Programme beyond the current cut off point of five years and six months. Therefore, if ECCE were to be provided for a third year the programme would need to be extended to children from the age of two. The cost of childcare for children aged between one year of age and two years of age is considerably higher than for children participating in ECCE, as a significantly higher ratio of staff to children is required (11:1 for current ECCE-age children, 5:1 for children between the ages of one and two-and-a-half in a sessional pre-school service).
Given the complexities described above it is not possible to provide an accurate estimate of cost. The Department is currently in the process of procuring an independent review of the cost of care, following which the data required to enable an answer to this question may be available.
193. Deputy Brendan Howlin asked the Minister for Children and Youth Affairs her plans to ratify the optional protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; and if she will make a statement on the matter. [32436/16]
Amharc ar fhreagraMy Department has a co-ordinating responsibility for the implementation of the Convention and its related Protocols. My Department is fully committed to, and actively working towards, ratification of the Second Optional Protocol at the earliest possible date.
Ratification of the Protocol is pending to ensure that all arrangements are in place to fully comply with the related obligations. The substantive criminal law elements of the Optional Protocol have largely been implemented by the Child Trafficking and Pornography Act 1998 and the Criminal Law (Human Trafficking) Act 2008. Notification of Ireland’s transposition of the EU Directive on Preventing and Combatting Trafficking in Human Beings and Protecting its Victims was forwarded in July 2013. The necessary legislation is contained in the Criminal Law (Human Trafficking) (Amendment) Act 2013.
On 23rd September 2015, the Minister for Justice and Equality published the Criminal Law (Sexual Offences) Bill 2015. The Bill is currently being considered by Dáil Éireann. It includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation.
When enacted, the Bill will comply with the criminal law provisions of a number of international legal instruments including the UN Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. My Department will then be in a position to proceed with its commitment to ratify the Protocol.
While the Second Protocol has yet to be ratified, considerable provisions exist in Irish law to combat the sexual abuse or exploitation of children, including ensuring the necessary flow of information to the relevant authorities about child abuse.
The Criminal Law (Human Trafficking) Act 2008 and the respective Amendment Act of 2013 contain specific provisions to combat the exploitation, including sexual exploitation, of trafficked children. The Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012, which makes it an offence to withhold information relating to the commission of certain arrestable offences (including certain sexual offences) against children, also forms part of the legislative protections for children. Other relevant legislation in the area of reporting is the Protections for Persons Reporting Child Abuse Act 1998 and the Children First Act 2015.
