Written Answers Nos. 427-452
427. Deputy Imelda Munster asked the Minister for Business, Enterprise and Innovation the status of proposed solutions to address the matter of commercial rents for businesses affected by Covid-19 closures; and if she will make a statement on the matter. [8365/20]
Amharc ar fhreagraI asked my officials to raise the matter of commercial rents and leases across a number of Government Departments. An inter-departmental discussion has taken place and there has been further engagement with a range of stakeholders, including groups representing businesses and landlords, to gain additional insights and gather intelligence to inform any further discussions. I have also asked my officials to look into the different responses from other countries and to identify possible options to address the issues involved.
While different options are being explored, I would point out that any support to business in respect of rents alone would ultimately end up as a support to the landlord. Not only would it be difficult to estimate the costs involved for such a scheme, but the offering of support, or even the perception that such supports will be forthcoming, may affect the market and lessen the impetus for landlords to renegotiate with tenants.
Engagement between the landlords and tenants should be the first route taken. Tenants and landlords are encouraged to engage with each other on this matter and come to some arrangement, as it is in everybody’s interest that terms are amicably agreed. Mixed reports from stakeholders have been received on the extent to which commercial tenants have been able to negotiate with landlords. Many landlords are being constructive at the moment with informal, temporary arrangements being agreed with tenants. There is, understandably, some reluctance by landlords to disclose such arrangements due to commercial sensitivities. However, it appears that other landlords have been less flexible.
I have also raised the matter of legal protections for businesses who are unable to pay their commercial rents with the Attorney General. Specifically, I asked about the potential for legislation to prevent the eviction of commercial tenants who have failed to pay rent as a result of the pandemic and the possibility of legislating to place a moratorium on businesses having to pay rent for premises they cannot used due to the restrictions imposed.
The Attorney General had advised that there are significant legal difficulties in respect to both of the questions posed. The difficulties stem from a variety of legal bases including statutory, constitutional, contract and common law. I have asked my officials to consider the advice.
The Government is committed to ensuring as many businesses as possible survive this challenging period, and it will continue to look at how we can support businesses that have been impacted by the COVID-19 crisis. The Government recognises the issue of ‘out of pocket’ costs for businesses which have to pay ongoing fixed costs such as rents, despite not being able to trade. We have introduced a suite of supports to assist businesses which includes the wage subsidy scheme, grants, low costs loans, deferred tax liabilities and the waiver of commercial rates. Full details on all supports are available at: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/
The issue of supporting fixed costs, including commercial rents, was very much to the fore of our minds when the Government recently introduced the Restart Grant which will give direct grant aid to micro and small businesses to help them with the costs associated with re-opening following COVID-19 closures. The grants will be equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.
428. Deputy Emer Higgins asked the Minister for Business, Enterprise and Innovation if she has received and read correspondence from an organisation (details supplied) dated 7 May 2020; her views on the proposals contained in the correspondence; when it can expect a detailed response; and if she will make a statement on the matter. [8373/20]
Amharc ar fhreagraI have received the correspondence referred to. I have asked officials in my Department to consider the range of issues raised in the detailed submission and a comprehensive reply will issue shortly.
I met recently with members of the hairdressing and beauty industry via teleconference, including the organisation referred to, and understand that preparatory work is being undertaken by the hairdressing sector and others in developing guidelines and safety protocols, with reference to the Government’s Return to Work Safely Protocol. I requested that, where sectors are developing protocols or guides, they should work together to align this work. For example, barbers' representative bodies should collaborate with hairdresser’s representative bodies on a single aligned protocol for their sector.
I am keen to support sectors on their safe reopening on this aligned and collaborative basis and should the hairdressing sector wish to send me details of their sectoral protocol, I will be happy to convey these to the Minister for Health for his consideration.
The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate. The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html.
The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace. If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie.
In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
I recognise the impact that this pandemic is having on businesses right across the country. I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so. My Department contributed to the considerations around the phased re-opening of sectors under Phase 1 and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Government’s Roadmap for Reopening Society and Business.
It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.
429. Deputy Steven Matthews asked the Minister for Business, Enterprise and Innovation the phase in the Roadmap for Reopening Society and Business that removal companies fit into in view of the fact they are not specifically listed. [8412/20]
Amharc ar fhreagraThe Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening. It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.
On 15 May the Government announced that we would move to Phase 1 of the Roadmap from Monday 18 May. This is in line with advice received from the National Public Health Emergency Team (NPHET). The categories of workers, list of retailers and other facilities that can reopen under Phase 1 are available on the Government’s website gov.ie.
Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures. Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures. It is not necessary for businesses to seek official authorisation to reopen.
The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate.
The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html
The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace. If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie.
In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
On 8 May the Government agreed details of a further support which will give direct grant aid to micro and small businesses to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. The Restart Grant is available to businesses with a turnover of less than €5m and employing 50 people or less, which were closed or impacted by at least a 25% reduction in turnover out to 30 June 2020. It is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grant is equivalent to the rates bill of the business in 2019, with a minimum payment of €2,000 and a maximum payment of €10,000.
If a company is currently in a rateable premises but was not rate-assessed in 2019 it is still eligible to apply. The local authority can pay the grant based on an estimate of what the rates demand for 2019 would have been.
Applications for the Restart Grant can be made online directly to local authorities and further information is available on the application form. If there are queries that are not addressed on the application form, businesses can contact the Business Support Unit in each local authority.
All information including the application form is available on the appropriate local authority website, the details of which are at the following link: https://www.gov.ie/en/publication/942f74-local-authorities/.
I recognise the impact that this pandemic is having on businesses right across the country. I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so. My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.
A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amend its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.
430. Deputy Brendan Griffin asked the Minister for Business, Enterprise and Innovation if the restart grant will be made available to a business (details supplied) in County Kerry; and if she will make a statement on the matter. [8459/20]
Amharc ar fhreagraApplication forms for the new €250m Restart Grant providing direct grant aid to micro and small businesses are now available online on all local authority websites. The grant is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers.
To qualify for the Restart Grant, a business must be in a rateable premises and;
- have a turnover of less than €5m and have 50 or less employees.
- have suffered a projected 25%+ loss in revenue from 1 April 2020 to 30th June 2020.
- commit to remain open or to reopen if it was closed. The business must also declare the intention to retain employees that are benefitting from the Temporary Wage Subsidy Scheme (TWSS).
Where a business pays rates indirectly, eg through a landlord, it can apply.
The Restart Grant support is just one part of the wider €12bn package of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities, all of which will help to improve cashflow amongst SMEs.
Full details on all COVID19 supports are available at: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/
431. Deputy Emer Higgins asked the Minister for Business, Enterprise and Innovation the role the Competition and Consumer Protection Commission can play in circumstances in which an airline is refusing to provide compensation or vouchers to passengers that cannot catch their flight due to the fact they are obeying advice on non-essential travel and the flight is still operating; and if she will make a statement on the matter. [8462/20]
Amharc ar fhreagraThe Minister for Transport, Tourism and Sport has policy responsibility for Regulation (EC) No. 261/2004 on common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The Commission for Aviation Regulation, an independent statutory body under the aegis of the Department of Transport, Tourism and Sport, is responsible for the enforcement of the Regulation. The Competition and Consumer Protection Commission has no function in relation to the rights of air passengers to reimbursement under the Regulation.
432. Deputy Noel Grealish asked the Minister for Business, Enterprise and Innovation the steps being taken to help persons (details supplied) secure redundancy packages; the efforts made to determine ownership of the Irish website and stock; and if she will make a statement on the matter. [8510/20]
Amharc ar fhreagraI extend my sympathies to the workers in Debenhams who have lost their jobs and appreciate that the situation is difficult for those directly impacted and their families. I can assure the workers impacted that there are Government supports in place to help them through this time.
As the Deputy will be aware, the High Court has appointed joint liquidators of Debenhams Retail (Ireland) Limited. In this context, as Minister for Business, Enterprise and Innovation, I have no statutory power to intervene in a court-supervised liquidation. The liquidation process in this instance will be subject to oversight of the High Court.
My Department has agreed a Job Loss Response Protocol with the Department of Employment Affairs and Social Protection and the Department of Education and Skills. The Department of Employment Affairs and Social Protection will lead on this. The protocol puts in place all the efforts to assist the workers. It includes welfare entitlements, job-search assistance and upskilling needs/opportunities.
My colleague Minister Regina Doherty and her Department, the Department of Employment Affairs and Social Protection has responsibility for providing support for the workers who have unfortunately lost their jobs due to the closure of the Debenhams Irish stores.
The Pandemic Unemployment Payment is available for all persons who have become unemployed as a result of COVID-19 and is also payable with redundancy. Jobseeker’s Allowance and Benefit are also options for financial aid for those persons now unemployed as a result of the closure of Debenhams Irish stores.
In the case of any concession staff who are self-employed, the Pandemic Unemployment Payment applies if their trading income has collapsed to the extent that they are available to take up other full-time employment if it is offered to them. If a person subsequently applies for Jobseekers Benefit Self-Employed, that claim will be considered separately under the rules of that Scheme.
The Workplace Relations Commission (WRC) is mandated to secure compliance with employment rights legislation and continues to be fully operational and available to any interested parties who may require it. If employees of Debenhams have concerns or complaints regarding their employment rights, the Customer Service Section of the WRC provides information in relation to employment, equality and industrial relations rights and obligations, and how to obtain redress where appropriate.
433. Deputy Paul Murphy asked the Minister for Business, Enterprise and Innovation her plans to introduce measures to restrict private companies from providing access to official documents such as birth and death certificates at a marked-up price. [8545/20]
Amharc ar fhreagraIt is not unlawful in itself for a business to charge a fee for providing access to official documents such as birth and death certificates that is higher than the fee charged by an official body for those documents. A business offering such a service must not however mislead consumers about its identity, services, charges or other relevant matters.
Section 55(1)(a) of the Consumer Protection Act 2007 provides that it is a prohibited commercial practice for a trader to make a representation that the trader has an approval, authorisation or endorsement that the trader does not have. Section 43(1) of the Act provides that a commercial practice is misleading if it involves the provision of false information in relation to a number of specified matters, including the nature, attributes, identity and status of the trader, and that information would be likely to cause the average consumer to make a purchasing decision which that consumer would not otherwise make. Section 43(2) provides that a commercial practice is misleading if it would be likely to cause the average consumer to be deceived or misled in relation to a number of specified matters, including the nature, attributes, identity and status of the trader, and to make a purchasing decision which that consumer would not otherwise make. A trader who engages in a misleading commercial practice under sections 43(1), and 43(2) of the Act, or a prohibited commercial practice under section 55(1) of the Act, commits an offence. Section 46(1) of the Act provides that a commercial practice is misleading if the trader omits or conceals material information that the average consumer would need to make an informed purchasing decision and that practice would be likely to cause the average consumer to make a purchasing decision which that consumer would not otherwise make. Section 46(2) provides that a commercial practice is misleading if the trader provides material information in a manner that is unclear, unintelligible, ambiguous or untimely or fails to identify the commercial intent of the practice and that practice would be likely to cause the average consumer to make a purchasing decision which that consumer would not otherwise make.
These provisions of the Consumer Protection Act 2007 are clearly applicable to so-called copycat websites which may be designed to look like the websites of official Government bodies and which do not make it clear that they are not official websites and that those who use their services may be paying for a service which they could obtain from an official body for free or for a lower charge. Enforcement of the Act is the responsibility of the Competition and Consumer Protection Commission which is statutorily independent in the exercise of its enforcement functions.
In many cases, consumers who use the services of private businesses that provide access to official documents do so after being routed to such businesses following a search on an internet search engine. Directive (EU) 2019/2161 on the better enforcement and modernisation of European Union consumer protection rules which Member States must adopt by 28 November 2021 and apply from 28 May 2022 includes a number of provisions aimed at ensuring greater transparency in respect of online search results. The Directive provides among other things that it will be a prohibited commercial practice for a trader to provide search results in response to a consumer’s online search query without clearly disclosing any paid advertisement or payment specifically for achieving higher ranking of products within the search results.
434. Deputy Michael McGrath asked the Minister for Business, Enterprise and Innovation the definition of small retail outlets in relation to the retail outlets listed as being allowed to open in phase 2 as per page 11 of the Roadmap for Reopening Society and Business; if this is defined by a specific size; and if she will make a statement on the matter. [8600/20]
Amharc ar fhreagraThe Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three-week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening. It is important to note that all decisions taken by Government on the timing of any lifting of restrictions will be guided by the public health advice at the time.
On 15 May the Government announced that we would move to Phase 1 of the Roadmap from 18 May. https://www.gov.ie/en/press-release/3736c7-government-approves-moving-to-phase-1-of-easing-covid-19-restriction/#list-of-retailers-that-can-open-on-18-may This decision was taken having regard to the advice received from the National Public Health Emergency Team (NPHET) at the time.
Government continues to monitor progress on Phase 1 and will assess progress this week. As set out in the Roadmap, Phase 2 is a reopening based on size rather than sector. Government will provide further clarification on Phase 2 in line with the public health advice provided by National Public Health Emergency Team (NPHET) in advance.
Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures. Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures. It is not necessary for businesses to seek official authorisation to reopen.
The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and employees the steps that they must take firstly before a workplace reopens, and then while it continues to operate. The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the National Return to Work Safely Protocol in the workplace. If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie.
A wide range of financial supports and guidance has been made available by my Department and wider Government to help businesses impacted by the COVID-19 crisis. Full details of all supports and guidance is available at https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/
Finally, it is important that all businesses check https://www.gov.ie/en/campaigns/c36c85-covid-19-coronavirus/ for the latest information, public health advice and guidelines from Government in relation to Covid-19.
435. Deputy Kathleen Funchion asked the Minister for Business, Enterprise and Innovation if there will be specific guidelines issued to various sectors regarding the way in which they can manage social distancing, for example, in the gym sector; and if there will be clear guidelines for the way in which they should reopen. [8621/20]
Amharc ar fhreagraThe Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.
On 15 May the Government announced that we would move to Phase 1 of the Roadmap from 18 May. This decision was taken having regard to the advice received from the National Public Health Emergency Team (NPHET) at the time. The categories of workers, list of retailers and other facilities that can reopen under Phase 1 are available on the Government’s website gov.ie.
Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures. Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures. It is not necessary for businesses to seek official authorisation to reopen.
The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and employees the steps that they must take firstly before a workplace reopens, and then while it continues to operate. The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the National Return to Work Safely Protocol in the workplace. If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie.
In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
I recognise the impact that this pandemic is having on businesses right across the country. I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so. My Department contributed to the considerations around the phased re-opening of sectors under Phase 1 and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.
It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be informed by the public health advice at the time.
436. Deputy Paul Kehoe asked the Minister for Business, Enterprise and Innovation the grant funding available for start-up online e-commerce business; and if she will make a statement on the matter. [8624/20]
Amharc ar fhreagraExisting businesses with six months trading and wishing to establish themselves as an online entity, can avail of the Trading Online Voucher Scheme (TOVs). Administered by the Local Enterprise Offices on behalf of the Department of Communication, Climate Action and the Environment, the TOVs is an initiative under the Government’s National Digital Strategy, which helps small businesses trade more online, to boost their sales and reach new markets.
The Minister for Communications, Climate Action and the Environment, Richard Bruton, and I recently agreed to expand the scope of the TOVs scheme to offer financial assistance of up to €2,500 with reduced co-funding of 10% from the business, along with training and advice, to all micro companies with a turnover of less than €2M who want to establish an online presence for the first time, or who wish to expand a basic existing website to incorporate a more substantive online trading capacity.
Furthermore, businesses that have previously received and implemented a Trading Online Voucher can now apply for a second voucher, where upgrades are required. Funding can be used towards adding payment facilities or booking systems to your website or developing new apps for your customers. The voucher can now also be used towards subscriptions to low cost online retail platform solutions, to help companies quickly establish a retailing presence online.
In addition to the above, it should be noted that while retail services are not eligible for LEO Measure 1 (Feasibility, Priming and Business Expansion grants) support, Start-up businesses (less than 18 months old) may be eligible for Feasibility and Priming Grant support. If there is an innovative business model associated with an online e-commerce business, it will be considered for Measure 1 support by a LEO. Considerations include:
- Any potential it could cause for displacement in the local economy.
- A plan to deliver export sales.
- Its innovative potential in terms of offering the market a substantially improved service.
- The business providing new employment in the state.
For larger enterprises, with over 10 employees, Enterprise Ireland can offer The Covid-19 Online Retail Scheme, The objective of this scheme is to support companies in the indigenous retail sector which have started an online journey, which will have the most immediate impact enabling them to respond to both the domestic and international consumer demand with a competitive online offer.
My Department proposed this Scheme in response to the COVID-19 crisis and the urgent need for retail companies to achieve a step change in online capability. Applicant companies must employ 10 or more people, have an existing online presence (e.g. website or social media), and have a retail outlet through which they derive the majority of their revenue. Successful applicants will be awarded funding to support a maximum of 80% of the project costs. Grants ranging from €10,000 to €40,000 will be awarded under the competitive scheme.
I am satisfied that there are sufficient supports in place for start-up online e-commerce businesses.
437. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation if financial supports are being made available to small business impacted by Covid-19 which are unable to avail of the restart grant in view of the fact they are not currently on a local authority commercial rates payment system. [8687/20]
Amharc ar fhreagraFollowing publication of the Roadmap to reopen our economy on May 2nd, the Government also announced a series of additional measures to further support small, medium and larger business that are negatively impacted by Covid-19.
The Restart Grant support is part of the wider €12bn package of supports for firms of all sizes, which includes grants, low-cost loans, write-off of commercial rates and deferred tax liabilities, all of which will help to improve cashflow amongst SMEs.
If a business is not eligible for the Restart Grant there are other supports that it may be eligible to apply for. They aim to help businesses to restart, reconnect and rehire staff who have been laid off or furloughed and include:
- Trading Online Vouchers from LEOs
- Loans up to €50k from Microfinance Ireland
- a €2 billion COVID-19 Credit Guarantee Scheme to support lending to SMEs for terms ranging from 3 months to 6 years, which will be below market interest rates
- the ‘warehousing’ of tax liabilities for a period of twelve months after recommencement of trading during which time there will be no debt enforcement action taken by Revenue
- a three month commercial rates waiver for impacted businesses
- a commitment to local authorities to make up the rates shortfall, so that local authorities can continue to provide full services to the public
I recently announced the reduction in the interest rate on Microfinance Ireland loans from 7.5% to 4.5% on loans of up to €50,000, with no interest payments for the first 6 months. This reduced rate will be available to all micro-enterprises from retail and tourism to software and transport with less than 10 employees, where the application is made through the Local Enterprise Offices
I understand the concerns relating to the Restart Grant from businesses that do not operate from commercial premises. However, tradespersons and service providers that operate on a mobile basis or that could continue to work remotely have been better placed to continue to trade and many don’t have the same levels of losses, of ongoing overheads or reopening costs that a fixed premises business will have. Within the funding available, the priority has been to support those who have suffered most, including closure of the business, but who will still have incurred ongoing costs.
The Restart Grant eligibility criteria will be subject to ongoing review and we will continue to take on board issues as they arise.
438. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of inspectors employed at the Workplace Relations Commission. [8695/20]
Amharc ar fhreagra440. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation if WRC inspectors are carrying out on-site inspections during this time. [8697/20]
Amharc ar fhreagra441. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of on-site inspections which have been carried out by the WRC since the Covid-19 restrictions were put in place. [8698/20]
Amharc ar fhreagra442. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of WRC inspections that took place remotely since the Covid-19 restrictions were put in place. [8699/20]
Amharc ar fhreagra443. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the current policy of the WRC regarding carrying out inspections either on-site or remotely [8700/20]
Amharc ar fhreagraI propose to take Questions Nos. 438 and 440 to 443, inclusive, together.
The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s core services include the inspection of employment rights compliance, the provision of information, adjudicating on complaints under employment protection, equality and industrial relations legislation and the provision of mediation, conciliation, facilitation and advisory services.
The Inspectorate Division of the WRC carries out inspections of employer records with a view to determining compliance with employment rights legislations. These inspections arise:
- In response to complaints received of alleged non-compliance with relevant employment rights legislation;
- As part of compliance campaigns which focus on compliance in specific sectors or specific pieces of legislation; or
- From routine inspections (announced and unannounced) which act as an overall control measure.
The WRC Inspectorate is staffed by civil servants of my department. As at 26 May 2020, there are a total of 51 WRC Labour Inspectors. Table 1 attached provides details of the grade, number and regional location of the inspectors. My department is currently running an internal competition for appointment to the post of Executive Officer (EO) Inspector and Higher Executive Officer (HEO) Inspector Team Manager. It is also actively engaging with the Public Appointments Service (PAS) in relation to the filling of EO Inspector posts and HEO Inspector Team Manager posts.
The aim of the WRC Inspectorate is to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. While every effort is made to secure compliance, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These cases are referred for prosecution.
In line with HSE and Government advice regarding non-essential services, on-site inspection activity by WRC inspectors was suspended with effect from 13 March 2020. In this regard, the majority of businesses and sectors within which much WRC risk-based inspection activity takes place closed at this time, and, in the main, remain closed until 8 June 2020. Notwithstanding, inspections have continued, and some have been finalised, remotely by way of desk top enquiries, interviews with employers and employees over the telephone and through the examination of company records (such as payroll and hours worked) following their secure upload to the WRC inspection platform.
Currently, the WRC Inspectorate has 1,335 open inspections being processed by 51 Inspectors. To date this year, 1,640 inspections have been finalised, and c.€1,084,162 in unpaid wages recovered. In addition, the WRC Infoline (1890 80 80 90) has been operating remotely throughout the pandemic and is handling over 1,100 callers per week from both employees and employers, providing information on employment law obligations and employee entitlements.
The WRC is in the process of finalising procedures for the recommencement of on-site visits and inspections and it is anticipated that a number of appropriate such engagements will have taken place before the commencement of the next phase of the Roadmap on 8 June at which stage the number of workplaces open and available for risk-based inspection will have increased. In this regard, the WRC has engaged also with the key stakeholders on the employer and employee representative sides.
Workplace inspections regarding compliance with the Return to Work Safely Protocol are the remit of the HSA and the WRC is actively engaging with that body to identify how best the WRC can assist the HSA in terms of its role.
Number of WRC Inspectors as at 26 May 2020:
|
Region |
Number of HEO Inspectors |
Number of EO Inspectors |
Total Number of Inspectors |
|
Dublin |
2 |
12 |
14 |
|
Ennis |
1 |
8 |
9 |
|
Cork |
0 |
5 |
5 |
|
Carlow |
2 |
14 |
16 |
|
Sligo |
1 |
6 |
7 |
|
Overall Total |
6 |
45 |
51 |
439. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the number of WRC inspectors that will be assigned to the Health and Safety Authority to help enforce the back to work protocols and or assist in related matters. [8696/20]
Amharc ar fhreagra472. Deputy Catherine Connolly asked the Minister for Business, Enterprise and Innovation if she is satisfied that the HSA is adequately staffed; if the HSA has made a request for additional staff; the number of staff taken on by the HSA as a result of the Covid-19 pandemic; and if she will make a statement on the matter. [9231/20]
Amharc ar fhreagraI propose to take Questions Nos. 439 and 472 together.
The national Return to Work Safely Protocol is designed to support employers and workers to put measures in place that will prevent the spread of COVID-19 in the workplace. The Protocol should be used by all workplaces to adapt their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures identified as necessary by the HSE and the Department of Health. It is operating in parallel with existing workplace health and safety statutory requirements.
The Health and Safety Authority is the lead Agency in relation to oversight and compliance with the Protocol. In line with Phase 1 of the Roadmap for Reopening Society and Business, the Health and Safety Authority launched a national programme of inspections to check compliance with the Return to Work Safely Protocol. Authority inspectors were on the ground from that date enforcing compliance with the Protocol. As of close of business on the 29th of May at the end of week 2 of phase 1 of the Roadmap, and since 18 May 2020 when the economy began to slowly reopen, approximately 1000 inspections were completed across a range of industries. The Authority, based on its initial analysis of the inspections, found that compliance with the Return to Work Safely Protocol is high and employers are generally taking a responsible and proactive approach.
The HSA, along with its usual workload, is deploying all of its available field inspectors across businesses that are currently open to check compliance with the Protocol. Given the scale of the challenge as the economy re-opens, the Government is ensuring that the HSA inspectorate will be supplemented significantly by deploying, under the authority of the HSA, other inspectors from across the system who already have an environmental health, agriculture or other workplace/business inspection responsibilities.
Details of these additional resource are nearing finalisation, and the numbers working with the HSA will be in the hundreds, from across the system. These will be specialist officials who already have sectoral business inspection responsibilities. The Minister for Agriculture, Food and the Marine has given a commitment that inspectors from his Department will work with the HSA to ensure the implementation of the Protocol in workplaces. It will start shortly with around 200 officials from the Environmental Health Service, and this number will increase steadily as officials from other parts of the system, with varying sectoral inspection and oversight responsibilities are brought on board, in line with the Government Roadmap. This will include inspectors from the WRC
444. Deputy Bríd Smith asked the Minister for Business, Enterprise and Innovation if the WRC or other body will take action or investigate employers that are implementing unilateral pay cuts often while availing of the temporary wage subsidy scheme but insisting their employers work normal weekly hours, as a result of which is resulting in new hourly rates that are below the national minimum wage or agreed sectoral hourly rates; and if she will make a statement on the matter. [8713/20]
Amharc ar fhreagraThe Workplace Relations Commission (WRC) is an independent statutory office under the aegis of my Department. The Commission’s core services include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation and advisory services.
With the exception of the employment of close relatives and registered industrial apprentices, the National Minimum Wage Act 2000 applies to individuals engaged under a contract of employment. Failure to pay the national minimum hourly rate of pay is a criminal offence, punishable upon summary conviction, by a fine not exceeding €2,500 or imprisonment not exceeding 6 months or both.
An individual who considers that they are not being paid in accordance with the National Minimum Wage Act may refer the matter to a WRC inspector for investigation. Inspectors are authorised to inspect records and to ensure compliance by employers with the provisions of the National Minimum Wage Act.
As part of its functions in this area, WRC Inspectors carry out announced and unannounced inspections at employer premises with a view to determining compliance by employers with employment law in the State and to ensure that employees are receiving their statutory entitlements. In the vast majority of such cases, compliance by the employer is achieved without the need for prosecution.
445. Deputy James Browne asked the Minister for Business, Enterprise and Innovation the position regarding the horticultural work permit scheme; and if she will make a statement on the matter. [8736/20]
Amharc ar fhreagraIn May 2018, I introduced a pilot quota-based scheme to remove the occupations of horticulture worker, meat processing operative and dairy farm assistant from the ineligible occupations list. This pilot scheme allows workers from non-EEA countries to access employment opportunities.
The application of a quota-based system is to ensure that in the longer-term, strategies are put in place to source labour supply from both the domestic and European labour markets and to invest in innovative technologies.
To date this pilot scheme has proved very successful for a range of employers in the sector. 500 permits have been made available to the Horticulture sector and 150 to Dairy Farm Assistants. A quota of 1,500 permits for Meat Processing Operatives was also extended on 1 January 2020 by a further 1000 permits, this followed a review completed at the end of 2019. In addition, from July 2019, a further quota of 300 permits for Meat Deboners was made available.
The quota for horticulture workers has now expired, with all 500 permits issued. An evidence-based case from the horticulture sector has been received requesting that the quota be extended, and this is under consideration by my officials and by officials of the Department of Agriculture, Food and the Marine, which is the lead policy Department for the sector.
The Department of Agriculture, Food & the Marine, Teagasc and sector representatives have also been working closely with the Department of Employment Affairs & Social Protection on a recruitment campaign to support enlisting a large number of temporary workers from the live register to work in the Horticulture sector. This campaign is timed for the Fruit harvest peaking mid-May to Mid-June and the vegetable harvest from mid-June.
446. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation the estimated full-year cost of recruiting four additional full-time senior analyst investigators at the higher executive officer grade for the Competition and Consumer Protection Commission. [8779/20]
Amharc ar fhreagraThe Department is in ongoing and regular contact with the CCPC on various matters relating to its ability to carry out its mandate. This includes the matter of resources. I am satisfied that the CCPC has sufficient sanctioned resources to operate effectively at this point in time. As matters, such as Brexit, evolve, the resources of the CCPC will be looked at again to ensure that it can continue to operate effectively and meet all its statutory obligations.
If the Competition and Consumer Protection Commission were to recruit four additional senior analyst specialists at HEO level, the full year pay cost of this would be €324,732 (€81,183 per position), based on the midpoint of the most recent pay circular 17/ 2019, which includes employers PRSI, pension costs and overheads accrued.
447. Deputy Gino Kenny asked the Minister for Business, Enterprise and Innovation her plans to lift the policy ban on enterprise support for the hemp industry in view of a European Court of Justice ruling (details supplied); and if she will make a statement on the matter. [8799/20]
Amharc ar fhreagra448. Deputy Gino Kenny asked the Minister for Business, Enterprise and Innovation if her Department has ever consulted with the hemp stakeholder body; her plans to consult with it following the recent European Court of Justice ruling (details supplied); and if she will make a statement on the matter. [8800/20]
Amharc ar fhreagraI propose to take Questions Nos. 447 and 448 together.
I understand that Enterprise Ireland is currently not in a position to support companies active in the area of cannabis-based products. Enterprise Ireland’s position is based on the fact that products containing any trace of THC are considered as a controlled drug in Ireland under the Misuse of Drugs Orders.
Currently, there is no lower limit of THC permissible under national legislation. Therefore, products which can contain even minimal levels of THC pose a reputational risk to Enterprise Ireland as the agency is not in a position to verify which companies, products and extraction methods meet the legal requirement in Ireland to contain 0.00% levels of THC, at least until there are further legislative or regulatory developments which may mitigate the reputational risks in future.
My colleague, Minister Simon Harris T.D., Minister for Health, who has responsibility for the designation of substances under S.I. No. 69 of 1998 - Misuse of Drugs (Designation) Order, 1998, may be able to provide more specific material in response, including as regards the matter of appropriate meetings with representative bodies of the sector.
449. Deputy Fergus O'Dowd asked the Minister for Business, Enterprise and Innovation if a reply will issue to correspondence from a person (details supplied) regarding a hair salon solution; and if she will make a statement on the matter. [8807/20]
Amharc ar fhreagraI wish to confirm that a reply issued from my Office to the person mentioned on 15 May.
With regard to the hairdressing sector generally, I recently met with members of the hairdressing and beauty industry via teleconference in response to their request. I understand that preparatory work is being undertaken by the hairdressing sector and others in developing guidelines and safety protocols, with reference to the Government’s Return to Work Safely Protocol. I requested that, where sectors are developing protocols or guides, they should work together to align this work. For example, barbers' representative bodies should collaborate with hairdressers representative bodies on a single aligned protocol for their sector.
I am keen to support sectors on their safe reopening on this aligned and collaborative basis and should the hairdressing sector wish to send me details of their sectoral protocol, I will be happy to convey these to the Minister for Health.
The Government’s Roadmap for Reopening Society and Business sets out five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.
On 15 May the Government announced that we would move to Phase 1 of the Roadmap from 18 May. This decision was taken having regard to the advice received from the National Public Health Emergency Team (NPHET) at the time. The categories of workers, list of retailers and other facilities that can reopen under Phase 1 are available on the Government’s website gov.ie.
Businesses should review the Roadmap carefully and carry out a detailed assessment of their activities with regard to the continuing public health measures. Businesses should, based on their assessment, identify which category in which phase of reopening they will be in a position to reopen safely and in line with the continued public health measures. It is not necessary for businesses to seek official authorisation to reopen.
The National Return to Work Safely Protocol is a useful guide for businesses in making their assessments and adapting their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures. It sets out in very clear terms for employers and workers the steps that they must take firstly before a workplace reopens, and then while it continues to operate. The Protocol is available at https://dbei.gov.ie/en/Publications/Return-to-Work-Safely-Protocol.html.
The Health and Safety Authority, which is an agency of my Department, is the lead agency in overseeing compliance with the Protocol in the workplace. If employers or employees need further guidance on the Protocol, the HSA Helpline can be contacted at 1890 289 389 or wcu@hsa.ie .
In order to assist businesses to address the challenges posed by COVID-19, the Government has put in place a comprehensive suite of supports for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. These supports are designed to build confidence, to further assist businesses in terms of the management of their companies and to allow them to begin looking to the future and start charting a path forward for weeks and months ahead. For a full list of supports for business please see https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
I recognise the impact that this pandemic is having on businesses right across the country. I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so. My Department contributed to the considerations around the phased re-opening of sectors under Phase 1 and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.
It is important to note that all decisions taken by Government on the timing of any lifting of restrictions as envisaged in Phases 2 to 5 of the Roadmap will be guided by the public health advice at the time.
450. Deputy Brendan Griffin asked the Minister for Business, Enterprise and Innovation if the restart grant to sole traders and businesses without premises will be extended; and if she will make a statement on the matter. [8808/20]
Amharc ar fhreagraThe new €250m Restart Grant is aimed at helping micro and small businesses with the costs associated with reopening and reemploying workers following COVID-19 closures. The application form is now available online on all local authority websites.
Businesses that are not operating from a rateable premise are not eligible.
I understand the concerns relating to business that do not operate from commercial premises.
However, tradespersons and service providers that operate on a mobile basis or that could continue to work remotely have been better placed to continue to trade and many don’t have the same levels of losses, of ongoing overheads or reopening costs that a fixed premises business will have. Within the funding available, the priority has been to support those who have suffered most, including closure of the business, but who will still have incurred ongoing costs.
The eligibility criteria will be subject to ongoing review and we will continue to take on board issues as they arise.
451. Deputy Darragh O'Brien asked the Minister for Business, Enterprise and Innovation the reason sports clubs cannot apply for the restart grant even though they pay commercial rates like other businesses; and if she will make a statement on the matter. [8822/20]
Amharc ar fhreagraOn Friday, 15 May, 2020 the Government announced details of the new €250m Restart Grant providing direct grant aid to micro and small businesses. The grant is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers.
The Restart Grant support is just one part of the wider €12bn package of supports for commercial firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities, all of which will help those businesses to continue trading and to maintain employment.
To avail of the Restart Grant, applicants must be a commercial business and be in the Local Authorities’ Commercial Rates Payment System, and:
- have a turnover of less than €5m and have 50 or less employees.
- have suffered a projected 25%+ loss in revenue from 1 April 2020 to 30th June 2020.
- commit to remain open or to reopen if it was closed.
- declare the intention to retain employees that are benefitting from the Temporary Wage Subsidy Scheme (TWSS).
The primary objective, therefore, is to get funding into small businesses that:
- Are reliant solely on local trading income;
- Are financially independent from any group structure;
- Have suffered significant financial losses;
- Have had to bear ongoing fixed costs or faced costs associated with re- opening the business;
- Provide local paid employment.
In that context, sporting organisations are not eligible because they are not primarily commercial organisations and have sources of income other than commercial sales.
452. Deputy Paul Murphy asked the Minister for Business, Enterprise and Innovation if she will issue instructions to the owners and operators of mobile home parks to suspend charges to users for the period while the users cannot get access to their mobile homes due to Covid-19 restrictions; and if she will make a statement on the matter. [8835/20]
Amharc ar fhreagraThe application of charges for mobile homes during the Covid-19 restrictions is likely to be determined by the terms and conditions which were agreed at the time of contracting.
Where there is a written contract drafted by a trader in advance (often referred to as a standard form consumer contract) and a consumer does not have the opportunity to influence the terms contained within the contract, then those contract terms will be subject to the Unfair Terms in Consumer Contracts regulations. It is important to highlight that under the Unfair Terms in Consumer Contracts regulations, traders, including mobile home parks are obliged to adhere to the Terms and Conditions previously agreed. A trader cannot subsequently change the Terms and Conditions without the consumer’s agreement.
The Competition and Consumer Protection Commission (CCPC), which is an agency of my Department, recommends that consumers check the terms and conditions of their agreement with the mobile home park. If a consumer thinks a mobile home park is not acting in accordance with the terms and conditions of the contract they can make a complaint to the Commission. Following this process, if the issue is not resolved, they may have to take legal action. If the claim is less than €2,000, consumers can use the Small Claims procedure to try and resolve the issue.
