Wednesday, 26 Jul 2017

Written Answers Nos. 48 - 67

Departmental Budgets

Ceisteanna (48, 53, 55)

Micheál Martin

Ceist:

48. Deputy Micheál Martin asked the Taoiseach the areas in which there is an underspend or in which spending is under profile to date in 2017 in his Department. [35548/17]

Dara Calleary

Ceist:

53. Deputy Dara Calleary asked the Taoiseach the latest profiles in value and outruns forecast in his Department for the end of December 2017 and any variances that may arise based on his Department’s performance against profile in gross voted expenditure at the end of June 2017. [36574/17]

Michael McGrath

Ceist:

55. Deputy Michael McGrath asked the Taoiseach if there will be an underspend in his Department's current or capital budget for 2017; if so, the subheads that are now below profile and those that may come in below profile at the end of the calendar year; and whether underspends in his Department will be available to the central Exchequer at year end. [36753/17]

Freagraí scríofa

The Taoiseach

I propose to take Questions Nos. 48, 53 and 55 together.

Expenditure by my Department up to end-June 2017 amounted to €15.63m which represents 77% of profiled expenditure for the year to date. My Department has no capital funding.

Significant elements of the Department's expenditure is outside of its direct control, for example, the Moriarty Tribunal of Inquiry and three Commissions of Investigation. Nonetheless, expenditure is expected to be on profile by year end. However, if there is any surplus at year end it is liable to be surrendered to the Exchequer, as is the normal procedure under Government accounting rules.

Question No. 49 answered with Question No. 30.

National Debt

Ceisteanna (50)

Seán Fleming

Ceist:

50. Deputy Sean Fleming asked the Taoiseach the details of the national debt on the national balance sheet (details supplied), and the other debts classified within the Government sector for national debt by Department adding up to the overall debt. [35988/17]

Freagraí scríofa

Minister of State at the Department of the Taoiseach

The following table shows a breakdown, at the end of 2016, of General Government Debt, including National Debt as managed by the NTMA, other Central Government bodies and Local Government. A breakdown by Central Government Department is not available as the data is not collected or compiled on this basis.

Reconciliation of National Debt to General Government Debt

-	€ million
Description	2016
Audited National Debt	185,604
Reverse deduction of liquid assets plus other Maastricht definitional adjustments	12,845
Unconsolidated Exchequer Debt (Maastricht definition)	198,449
of which: Liabilities to other Central Government bodies	3,987
Exchequer contribution to Central Government debt (A)	194,463
HFA contribution to General Government debt (B)	261
Other Central Government bodies contribution to General Government Debt (C)	5,198
of which:
IBRC Consolidated	698
Liabilities of Post Office Savings Bank Fund to Post Office Savings Bank	2,919
Health Service Executive and Voluntary Hospitals	127
National Oil Reserves Agency	15
Westlink buyout: imputed loan from National Toll Roads to National Roads Authority	171
All other bodies	1,267
Local Government contribution to General Government debt (D)	674
General Government Debt = A + B + C + D	200,596

Irish Communities Abroad

Ceisteanna (51)

Brendan Smith

Ceist:

51. Deputy Brendan Smith asked the Taoiseach if he discussed the issue of immigration reform in the United States with President Trump. [36030/17]

Freagraí scríofa

The Taoiseach

I spoke with President Trump by phone on Tuesday 27th June.

It was a short congratulatory call, during which I raised a number of issues including the situation of the up to 50,000 undocumented Irish in the US. I look forward to having an opportunity to discuss this issue with President Trump in more detail in due course.

Departmental Funding

Ceisteanna (52)

Seán Fleming

Ceist:

52. Deputy Sean Fleming asked the Taoiseach for the details of each body or organisation that is scheduled to receive in excess of €1 million from his Department's Vote of expenditure or the group of Votes of expenditure connected with his Department in 2017 for the provision of services by the body or the organisation concerned; the amount involved in each case; and if there is a signed service level agreement in place in respect of the services to be carried out by these bodies or organisations. [36164/17]

Freagraí scríofa

The Taoiseach

The National Economic and Social Development Office (NESDO) is the only body under the remit of my Department. It is the body corporate for the National Economic and Social Council (NESC), which advises me on strategic policy issues relating to sustainable economic, social and environmental development. NESDO has been allocated a grant of just over €2 million from my Department's Vote for 2017.

There is no service level agreement in place between my Department and NESDO as NESDO is a body set up under statute (the National Economic and Social Development Office Act 2006). The Law Reform Commission (LRC) has been allocated a grant of just under €2.24 million through the Vote of the Office of the Attorney General. There is no service level agreement in place between the Office of the Attorney General and the LRC as the LRC is a body set up by statute (the Law Reform Commission Act 1975).

Question No. 53 answered with Question No. 48.

Departmental Staff Data

Ceisteanna (54)

Michael McGrath

Ceist:

54. Deputy Michael McGrath asked the Taoiseach the number of staff in his Department who are suspended from work on full pay; the reason in each case; and the length of time in each case. [36737/17]

Freagraí scríofa

The Taoiseach

No staff working in my Department are suspended from work on full pay.

Question No. 55 answered with Question No. 48.

Protected Disclosures Data

Ceisteanna (56)

Michael McGrath

Ceist:

56. Deputy Michael McGrath asked the Taoiseach for the number of protected disclosures received from staff in his Department in 2016 and to date in 2017 and the details of same. [36769/17]

Freagraí scríofa

The Taoiseach

My Department has received no disclosures from its employees or former employees in 2016 or to date in 2017 under the Protected Disclosures Act 2014.

Departmental Staff Data

Ceisteanna (57)

Catherine Murphy

Ceist:

57. Deputy Catherine Murphy asked the Taoiseach the number of actuaries working in the Civil Service under the aegis of his Department. [36859/17]

Freagraí scríofa

The Taoiseach

There is no one working as an actuary in my Department or in the National Economic and Social Development Office, which comes under the aegis of my Department.

Work Permits Applications

Ceisteanna (58)

Michael Healy-Rae

Ceist:

58. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the status of a work permit for a person (details supplied); and if she will make a statement on the matter. [35016/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

The Employment Permits Section informs me that a Dependant Partner Spouse Employment Permit issued in this case on the 24th July 2017.

Employment Rights

Ceisteanna (59, 65)

Mick Barry

Ceist:

59. Deputy Mick Barry asked the Tánaiste and Minister for Jobs, Enterprise and Innovation when the Bill relating to the application of the working time directive to members of An Garda Síochána and the Defence Forces is likely to be presented to Dáil Éireann. [35169/17]

Mick Barry

Ceist:

65. Deputy Mick Barry asked the Tánaiste and Minister for Jobs, Enterprise and Innovation when the Bill relating to the application of the working time directive to members of An Garda Síochána and the Defence Forces is to be presented to Dáil Éireann. [35168/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 59 and 65 together.

In November 2016 Government approved the drafting of Heads of Bill to amend the Organisation of Working Time Act 1997 to remove the blanket exclusion of An Garda Síochána and members of the Defence Forces from scope of the OWTA and to bring them within scope subject to the application of the derogations permitted by the Working Time Directive.

While I have responsibility for the Organisation of Working Time Act, my Department is preparing the draft legislation in close co-operation with the Department of Justice and Equality and the Department of Defence who have policy responsibility for An Garda Síochána and the Defence Forces respectively.  This approach will ensure the proper recognition of the unique roles of An Garda Síochána and the Defence Forces. 

The drafting of the bill is legally complex, as the removal of the blanket exemption has to be balanced by the use of derogations permitted by the Working Time Directive so as to ensure there is no adverse impact on the ability of An Garda Síochána and the Defence Forces to deliver an effective service.

My officials are working closely with officials in the Department of Justice and Equality and the Department of Defence on the preparation, as expeditiously as possible, of draft Heads of Bill which duly recognise the roles of An Garda Siochána and the Defence Forces.  As the legislation at issue is part of the transfer of functions to the Minister for Social Protection it will fall to my colleague the Minister for Social Protection, to bring the legislation to Government.

Office of the Director of Corporate Enforcement Funding

Ceisteanna (60)

Pearse Doherty

Ceist:

60. Deputy Pearse Doherty asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the annual Exchequer funding provided to the ODCE for 2017 and in each of the past ten years, in tabular form. [35711/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

The Pay and Non-Pay allocation and actual expenditure by the Office of the Director of Corporate Enforcement for the years 2006 to the end of June 2017 is set out in the following table.

Year	Pay allocation	Pay expenditure at year end	Non-Pay allocation	Non-Pay expenditure at year end
2006	€1.899m	€1.915m	€2.814m	€1.440m
2007	€2.119m	€2.140m	€2.704m	€2.215m
2008	€2.681m	€2.412m	€2.276m	€1.912m
2009	€2.655m	€2.664m	€2.880m	€2.941m
2010	€2.579m	€2.625m	€3.507m	€1.074m
2011	€2.660m	€2.629m	€3.307m	€0.768m
2012	€2.620m	€2.463m	€3.077m	€0.973m
2013	€2.475m	€2.394m	€2.855m	€0.729m
2014	€2.465m	€2.216m	€2.207m	€0.797m
2015	€2.884m	€2.156m	€2.207m	€0.917m
2016	€2.808m	€2.006m	€2.207m	€0.721m
2017 (to end June 2017)	€2.838m	€1,048m (36.9%)	€2.057m	€335k (14.1%)

Health and Safety Inspections Data

Ceisteanna (61)

Niamh Smyth

Ceist:

61. Deputy Niamh Smyth asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of farm inspections carried out by the Health and Safety Authority by county in each of the years 2013 to 2016 and to date in 2017; and if she will make a statement on the matter. [35980/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

The Deputy asked for the number of farm inspections carried out by the HSA. However, visits to farms by HSA inspectors include routine unannounced inspections to monitor compliance with health and safety legislation and also to investigate farm accidents. Typically in any one year there can also be between 60 – 90 investigations of serious and fatal accidents on farms. The number of overall farm inspections and investigations carried out since 2013 and the number of NACE Category A (Agriculture, Forestry and Fishing) inspections and investigations by county are set out in Appendices 1 and 2 below.

The HSA’s database cannot break the number of farm inspections down by county. However it can break down the number of inspections and investigations carried out since 2013 by county for NACE (European industrial activity classification) Sector A which covers Agriculture, Forestry and Fishing. The county figures are given in the table and are higher than those for just farms. Typically the total NACE A county figures are over 90% farm inspections with forestry and fishing figures being higher in the counties where these activities are concentrated. As an inspector may cover more than one county he/she may concentrate on different counties in different years.

The HSA plans to carry out 2,000 farm, 50 forestry and 50 fishing inspections in 2017.

Since 2014 the HSA has redirected some of its inspection resources to engaging directly with farmers on other accident prevention initiatives. In 2017 HSA inspectors have participated in over 80 Teagasc organised Knowledge Transfer Group meetings, farm safety walks and presentations to farmers, many of which are organised by the farming representative bodies. This has enabled the HSA to direct its message to over 4,000 farmers this year.

Appendix 1

Farm inspections and investigations 2013 – 2017  

Year	Number of farm Inspections and Investigations covering health and safety issues
2013	2,784
2014	2,644
2015	3,056
2016	2,250
2017 (at 20 July	1,207

 Appendix 2

Number of NACE Category A Agriculture, Forestry and Fishing Inspections and Investigations by County 2013 to 20 th July 2017

County	2013	2014	2015	2016	2017
Carlow	284	241	84	18	29
Cavan	235	250	107	44	34
Clare	35	74	81	90	50
Cork	557	606	425	422	236
Donegal	60	44	119	136	59
Dublin	25	28	92	19	1
Galway	74	119	127	94	77
Kerry	183	49	45	13	8
Kildare	13	23	36	21	21
Kilkenny	178	161	167	116	17
Laois	62	29	66	69	15
Leitrim	54	95	34	36	16
Limerick	190	185	172	1	7
Longford	52	11	24	29	54
Louth	55	15	163	125	45
Mayo	38	59	66	83	36
Meath	205	302	257	220	168
Monaghan	126	21	33	23	33
Offaly	37	29	23	73	30
Roscommon	2	54	79	36	16
Sligo	127	113	150	49	15
Tipperary	108	99	44	70	11
Waterford	72	73	149	72	63
Westmeath	60	52	201	130	41
Wexford	9	18	61	146	149
Wicklow	127	109	254	183	14
Total	2968	2859	3059	2318	1245

EU Legislation

Ceisteanna (62)

Maurice Quinlivan

Ceist:

62. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Jobs, Enterprise and Innovation for the details of the fines that have been imposed by the EU on the State for the late implementation of EU law that comes under the remit of her Department in each of the years 2007 to 2016 and to date in 2017, in tabular form. [34976/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

I am pleased to inform the Deputy that no fines have been imposed by the EU on the State, in respect of the late transposition of EU Directives coming under the remit of my Department, during the period 2007 to 2016, nor to date in 2017.

EU Directives

Ceisteanna (63)

Maurice Quinlivan

Ceist:

63. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Jobs, Enterprise and Innovation for the details of the EU directives not yet transposed into law; the deadline imposed by the EU for the transposition of same; and the estimated date for that transposition into law. [34977/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

My Department accords high priority to ensuring that good performance on the transposition of Directives is consistently maintained. In that regard, transposition is monitored on a regular basis within my Department. 

Transposition is monitored through a customised intranet database which is used as a central management and information tool to track the implementation of Directives on an ongoing basis. This complements the central tracking and monitoring of transpositions carried out by the Department of Foreign Affairs and Trade. Status reports on the transposition of Directives are also provided regularly to the Management Board of my Department.

A total of seven Directives require to be transposed by my Department up to the end of 2017, of which five are currently overdue. The European Commission has initiated infringement proceedings in respect of the five overdue Directives. Transposition of the overdue Directives is at an advanced stage, and my Department has informed the Commission of the position in respect of the ongoing progress being made in finalising the transposition of these Directives.

In addition, the Department is dealing with the transposition of five codified Directives that have no deadline for transposition.

A full list of the Directives to be transposed by my Department up to 2019, including estimated transposition dates, is set out in the following tables. This list of Directives is also provided on my Department’s website at www.djei.ie.

DIRECTIVES TO BE TRANSPOSED IN 2017 (Seven)

Description of Directive	EU Deadline for Transposition	Estimated transposition Date
1. Directive 2011/17/EU of the European Parliament and of the Council of 9 March 2011 repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology	30/11/2015	Quarter 4 2017
2. Directive 2014/31/EU on the harmonisation of the laws of Members States relating to the making available on the market of non-automatic weighing instruments	19/04/2016	September 2017
3.  Directive 2014/32/EU relating to the harmonisation of the laws of the Member States relation to the making available on the market of measuring instruments (Recast)	19/04/2016	October 2017
4. Commission Delegated Directive 2015/13/EU amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters	19/04/2016	October 2017 - Transposition of this Directive is linked with Directive 2014/32/EU above
5. Directive 2014/95/EU on disclosure of non-financial and diversity information by certain large undertakings and groups	06/12/2016	31 July 2017
6. Directive 2015/1794/EU amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers.	10/10/2017	October 2017
7. Directive: 2016/2037/EU amending Council Directive 75/324/EEC as regards the maximum allowable pressure of aerosol dispensers and to adapt its labelling provisions to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures	12/12/2017	December 2017

DIRECTIVES TO BE TRANSPOSED IN 2018 (Three)

Description of Directive	EU Deadline for Transposition	Estimated transposition Date
1. Directive 2016/943/EU Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure	09/06/2018	June 2018
2.  Directive 2017/164/EU Commission Directive (EU) 2017/164 of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2009/39/EC and 2009/161/EU	21/08/2018	August 2018
3. Directive: 2017/738/EU Council Directive (EU) 2017/738 of 27 March 2017 amending, for the purpose of adapting to technical progress, Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards lead.	28/10/2018	October 2018

DIRECTIVES TO BE TRANSPOSED IN 2019 (Two)

Description of Directive	EU Deadline for Transposition	Estimated transposition Date
1. Directive 2015/2436/EU Directive (EU) of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Recast)	14/01/2019	January 2019
2. Directive 2017/828/EU DIRECTIVE (EU) of the European Parliament and of the Council of 17 May 2017, amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement.	10/06/2019	Early 2019.

Codified Directives

Description of Directive	Estimated Transposition Date
1. Directive 2009/104/EC of the European Parliament and of the Council concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)	Date unspecified
2. Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (Codified)	Date unspecified
3.  Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications tests on chemical substances (Codified)	Date unspecified
4.  Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagents at work (Codified)	Date unspecified

1 Codification brings together previous legislation in a single new act. There are no timelines required for the transposition of codified Directives.

Construction Industry

Ceisteanna (64)

Niall Collins

Ceist:

64. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if her attention has been drawn the practice of bogus self-employment in the construction industry; the full extent of the practice in the industry; the steps she will take to end the practice; and if she will make a statement on the matter. [34979/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

I am aware of concerns regarding the issue of bogus self employment in the construction industry. Apart from significant losses to the Exchequer that can arise from cases of so-called bogus self-employment, the practice has serious implications from an employment rights perspective. In this respect, it is important that individuals are correctly designated regarding their employment status so that those who ought to be designated as employees are not deprived of their employment rights. This is particularly the case for vulnerable workers who may not feel in a position to object to certain arrangements. 

Ireland has a well-resourced labour inspectorate, which forms part of the Workplace Relations Commission (WRC) and there are existing mechanisms in place to determine the employment status of individuals or groups. 

WRC Inspections are undertaken on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis. Where the WRC inspection service discover or issues are raised in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with the Workplace Relations Commission. 

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 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. 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 and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.

An interdepartmental working group, comprising officials from the Department of Social Protection, the Department of Finance and the Revenue Commissioners, has been examining the emergence of new forms of employment arrangements, which are sometimes called ‘disguised employment’. These includes arrangements i) where an individual, who would otherwise be an employee, establishes a company to provide their services employment and ii) where an individual, who is dependent on and under the control of a single employer in the same manner as an employee, is classified as self-employed.

The working group sought the views of interested parties and stakeholders through a public consultation. The consultation received 23 submissions from interested parties, including employers, trade unions, professional bodies and individuals. The working group is preparing a report which will present the views of these organisations and individuals, together with an analysis of the issues arising. I understand that the working group is currently finalising the report.

Question No. 65 answered with Question No. 59.

Departmental Contracts Data

Ceisteanna (66)

Jan O'Sullivan

Ceist:

66. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if all security and contract cleaning companies that have obtained contracts from her Department and agencies under the aegis of her Department under public procurement rules are paying the legal employment regulation order, ERO, hourly rate to their security and contract cleaning employees; the steps she has taken to confirm full compliance with the ERO system; if she has cancelled contracts with companies that have been found to be in breach of the ERO system since 1 October 2015; and if she will make a statement on the matter. [35230/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

Companies who are awarded contracts for contract cleaning and security services by my Department are required as part of their obligations under the Terms and Conditions of that same contract to provide their services in accordance with good industry practice and to comply with all applicable laws including but not limited to their obligations regarding labour law, of which adherence to Employment Regulation Orders is fundamental.

My Department has not cancelled any contracts with companies providing these services since 1 October 2015.

Any such contracts entered into by agencies of my Department are a matter for the individual agencies concerned for which I have no direct function. However, I have asked all agencies to advise me of any such details, and I will communicate that information to the Deputy once it is collated.

Workplace Safety

Ceisteanna (67)

Dessie Ellis

Ceist:

67. Deputy Dessie Ellis asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if her attention has been drawn to serious design flaws in the loading bays at the new Poolbeg incinerator (details supplied), and if she will make a statement on the matter. [35238/17]

Freagraí scríofa

Tánaiste and Minister for Jobs, Enterprise and Innovation

The Health and Safety Authority, which is responsible for workplace health and safety, carried out a number of inspections of the Poolbeg incinerator facility during its construction phase. These inspections focussed on the health and safety management of the workers during the construction phase. As the construction work is nearing completion, the HSA’s primary role relates to the occupational health and safety management of the commissioning and operational aspects of the facility.

The Deputy will be aware of an incident at the facility on the 7th June 2017 where the release of lime used for flue gas treatment resulted in 10 workers being taken to hospital. The HSA inspected the facility on 8th June and subsequently imposed a Prohibition Notice which prohibited all work activities involved in the combustion process until a comprehensive examination of the entire process had been carried out and appropriate remedial plans developed and implemented. Subsequent visits were made by the Authority to the facility and following agreement with the company on the necessary improvements, the Prohibition Notice was lifted on 10th July 2017.

The workers injured in this incident in June were working at the construction site in the commissioning process and their work did not involve any loading bays.

The HSA has confirmed that no concerns have been raised with them from an occupational safety and health perspective in relation to the loading bays at the facility.