Written Answers Nos. 13-30
13. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment the date on which the statutory instrument to change the name of the Department of Business, Enterprise, and Innovation to the Department and Minister for Enterprise, Trade, and Employment will be signed. [29708/20]
Amharc ar fhreagraDiscussions are being finalised on the transfer of certain functions between my Department and other Government Departments. All transfer of functions are required to be completed in advance of the change of name of the Department.
This process is well advanced and when it is completed a Memorandum will then be brought to Government to change the name of the Department.
14. Deputy Cian O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will investigate the safety of window restrictors, which are difficult to open, to ensure they comply with standards under the scope of his Department (details supplied); and if he will make a statement on the matter. [29878/20]
Amharc ar fhreagraAs my colleague, the Minister for Housing, Planning and Local Government, stated in the answer to Parliamentary Question No. 872 of 30 June 2020, window restrictors are products that are required to be installed in dwellings where a window has an opening section through which a person may fall, (having particular regard to children under five years of age), and is more than 1400 mm above external ground level. Where such window restrictions are an integral part of the window operating gear they come under the remit of the Construction Products Regulation (Regulation (EU) No 305/2011) and fall under the responsibility of my colleague’s Department.
With regard to window restrictors that are sold as separate items, which are not covered by EU harmonised standards, these products fall under the remit of the General Product Safety Directive (Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on General Product Safety) which was transposed into Irish law by S.I. No. 199 of 2004 and thus come within the responsibility of my Department.
The Standard EN 13126-5 “Building hardware - Hardware for windows and door height windows - Requirements and test methods - Part 5: Devices that restrict the opening of windows and door height windows”, is not a harmonised EN cited in the Official Journal of the EU and therefore the appropriate legislation dealing with these products is Directive 2001/95/EC.
Directive 2001/95/EC places the onus on all economic operators – manufacturers, distributors, importers – to ensure that only safe products are placed on the market. If economic operators become aware that products on the market present a potential hazard, they must take appropriate measures, up to and including recall of the items, to ensure that the risk is removed. Any action taken by an operator must be notified to the relevant Market Surveillance Authority: in Ireland this is the Competition and Consumer Protection Commission (CCPC), which is statutorily independent in the carrying out of its functions.
Where the CCPC finds unsafe products on the Irish market, it will act to ensure economic operators remove the product from the market until it is in compliance with the legislation. The CCPC is part of an EU wide network (known as Safety Gate) that allows for the rapid exchange of information between national market surveillance authorities on dangerous products found on the EU market.
Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations of unsafe products. As investigations and enforcement matters generally are part of the day-to-day operational work of the CCPC, I, as the Tánaiste and Minister for Enterprise, Trade and Employment have no direct function in the matter.
Should the Deputy have any information in relation to unsafe window restrictors on the Irish market, he should make contact with the CCPC directly to provide any relevant information on these matters.
15. Deputy Niall Collins asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will address a matter (details supplied); and if he will make a statement on the matter. [29926/20]
Amharc ar fhreagraI recognise the important role that the wedding professionals sector play in helping couples with the arrangements for their special day and how they are part of the events and hospitality ecosystem in the country, enabling buyers and sellers to meet and develop their businesses.
I am acutely aware of the difficulties the sector has faced in recent months due to the impact of social distancing requirements.
The Government's COVID-19 plan published in September, 'Resilience and Recovery 2020-2021: Plan for Living with COVID-19' specifically recognises the impact of restrictions on weddings as a category of organised events. I am pleased that Fáilte Ireland has developed guidelines that can be used for the organisation of wedding functions and are available on Fáilte Ireland’s COVID-19 Business Support Hub at: www.failteireland.ie
My Department and its agencies have been focused on coming up with solutions to help businesses overcome the challenges presented by the unprecedented difficulties caused by COVID-19.
Details of the wide range of supports available are noted on my Department’s website at https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
In the wider context of the Government’s Resilience and Recovery 2020-2021: Plan for Living with COVID-19, the operation and reopening of Ireland's economy and society will be guided by the need to manage risk and repair the damage that COVID-19 has inflicted on society, and on the implementation of appropriate measures to do so across business and society as the situation evolves.
Budget 2021 announced today, together with the measures I announced as part of the July Stimulus Package, provides a substantial financial package to stimulate our economy and to help businesses to open, to help those already open to stay open, to get staff back to work and for those who cannot go back to their old jobs, there are new opportunities.
The range of measures in place to assist businesses include direct grants to support viable businesses and jobs, including new hires. We have extended the wage subsidy scheme and we are giving companies extra assistance through an enhanced Restart Plus Grant Scheme, rates waivers and reductions in VAT.
We are providing more and cheaper loan finance through MicroFinance Ireland, SBCI and the new €2 bn Credit Guarantee Scheme. I announced the reopening of MFI lending on 31st August and I launched the €2bn Credit Guarantee Scheme on 7th September.
I am working with my colleagues across Government to assist businesses impacted by Covid-19 and I will continue to keep the supports provided for enterprise under review with the goal of setting our country towards economic recovery.
My colleague, Minister Catherine Martin T.D., Minister for Media, Tourism, Arts, Culture, Sport and the Gaeltacht, may be able to provide more specific details on a roadmap to recovery for the events and hospitality industry, for which she has lead responsibility.
16. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will review the restart grant qualifying criteria in order to allow companies with high turnovers but low profit rates in exceptional circumstances, that is, turnover of over €5 million but a low profit margin.; and if he will make a statement on the matter. [29928/20]
Amharc ar fhreagraThe Restart Plus Grant is a contribution towards the cost of re-opening or keeping a business operational and re-connecting with employees and customers. The grant could be used to defray ongoing fixed costs during closure, for example, utilities, insurance, refurbishment or for measures to ensure employee and customer safety.
In seeking to support the most exposed and at risk micro and small businesses, my Department has sought to put as few obstacles as possible in the way of eligible businesses accessing funding; under the Restart Plus Grant the criteria was raised from turnover of less than €5m to less than €25m.
I am not aware of this question as a widespread concern and where clarification of the eligibility criteria has been necessary the Local Authorities have engaged proactively with my officials to tease out how best to proceed. I can advise the Deputy that in a circumstance, subject to consideration of the particular application in line with the established eligibility criteria, where a firm or sector argues that its turnover is inflated by a disproportionate cost of sales (e.g., the manufacturer’s price of a product to a retailer), a rejected applicant can appeal the case to their Local Authority for consideration by providing evidence of the net or ‘real’ turnover of the local business in question. Any appeal should be made within seven days of receiving the initial decision.
In addition to the Restart Plus Grant, there are other supports available to businesses, from, for example, Enterprise Ireland, the Local Enterprise Offices, MicroFinance Ireland, and InterTrade Ireland. These supports include grants, loans and mentoring, training and advice provisions, which are detailed on my Department’s website at https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/.
17. Deputy Sorca Clarke asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to meet with striking workers (details supplied) who he has acknowledged have been treated poorly; and the actions he plans to take regarding unfair treatment of workers in Ireland. [23761/20]
Amharc ar fhreagraAlong with my colleagues, the Taoiseach and Ministers Troy and English, I have met with Debenhams employees and their union, Mandate, on a number of occasions to hear their views and concerns about the liquidation of Debenhams Ireland.
A number of suggestions have been made as to how the Government might intervene. However, the Government cannot intervene with a liquidator, who has a statutory duty to realise assets and distribute to creditors in accordance with the law. Equally the Government has no statutory power to intervene in a court-supervised liquidation, that is subject to oversight of the High Court.
Any discussions entered into voluntarily by the workers and employers with one of the State’s industrial relations bodies, the WRC or the Labour Court, are confidential to the parties and I, as Minister, have no role in, or knowledge of, these discussions.
18. Deputy Dara Calleary asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of moneys paid as of 30 September 2020 from the restart grant by county in tabular form; the amount of moneys paid as of 30 September 2020 from the restart plus grant by county in tabular form; the amount of moneys paid as of 30 September 2020 to each local authority from the restart grant by county in tabular form; the amount of moneys paid as of 30 September 2020 to each local authority from the restart plus grant by county in tabular form; and if he will make a statement on the matter. [29596/20]
Amharc ar fhreagraThe Restart Grant and Restart Grant Plus Schemes are administered by the 31 Local Authorities on behalf of this Department.
I have set out in the following table the information requested by the Deputy. Please be advised this information is collated by the Local Authorities on a weekly basis therefore the figures contained in the table are as at week ending 9th October 2020.
|
Local Authority |
VALUE APPLICATIONS PAID Restart Grant € |
VALUE APPLICATIONS PAID Restart Grant Plus € |
Restart Grant total allocation per Local Authority € |
Restart Grant Plus total allocation per Local Authority € |
|
Carlow |
€1,825,428 |
€2,932,391 |
€2,669,080 |
€4,108,413 |
|
Cavan |
€2,327,118 |
€3,735,497 |
€3,251,425 |
€4,429,604 |
|
Clare |
€3,784,091 |
€5,838,425 |
€5,638,513 |
€7,233,599 |
|
Cork City |
€10,507,315 |
€15,463,818 |
€12,014,139 |
€20,467,268 |
|
Cork County |
€9,604,288 |
€8,344,414 |
€15,885,944 |
€18,083,184 |
|
Donegal |
€5,983,992 |
€8,830,092 |
€7,402,598 |
€11,292,125 |
|
Dublin City |
€20,305,585 |
€42,891,191 |
€26,681,619 |
€50,913,664 |
|
Dun Laoghaire Rathdown |
€6,300,826 |
€8,280,815 |
€7,679,343 |
€17,811,665 |
|
Fingal |
€7,531,434 |
€14,019,364 |
€10,053,964 |
€18,387,045 |
|
Galway City |
€5,160,065 |
€8,223,494 |
€6,230,038 |
€10,564,179 |
|
Galway County |
€4,179,473 |
€5,511,009 |
€6,559,248 |
€7,412,096 |
|
Kerry |
€6,279,619 |
€8,826,256 |
€7,483,917 |
€13,010,356 |
|
Kildare |
€4,958,084 |
€12,482,173 |
€6,678,602 |
€14,346,135 |
|
Kilkenny |
€2,948,925 |
€5,373,613 |
€3,757,697 |
€6,480,254 |
|
Laois |
€1,353,066 |
€3,699,853 |
€2,510,378 |
€4,850,089 |
|
Leitrim |
€979,109 |
€1,872,992 |
€1,429,630 |
€2,457,860 |
|
Limerick |
€6,939,086 |
€9,719,160 |
€8,756,156 |
€13,818,203 |
|
Longford |
€1,511,563 |
€2,937,133 |
€1,884,751 |
€3,810,511 |
|
Louth |
€4,884,988 |
€6,464,605 |
€5,902,142 |
€10,864,674 |
|
Mayo |
€5,145,303 |
€9,692,032 |
€7,095,359 |
€11,018,587 |
|
Meath |
€4,749,752 |
€9,039,214 |
€6,201,184 |
€10,296,560 |
|
Monaghan |
€2,484,587 |
€4,586,593 |
€3,251,425 |
€5,356,270 |
|
Offaly |
€1,902,935 |
€4,208,547 |
€3,357,663 |
€4,538,103 |
|
Roscommon |
€1,823,130 |
€3,593,428 |
€2,759,580 |
€3,777,554 |
|
Sligo |
€2,149,441 |
€4,290,085 |
€3,007,469 |
€4,400,023 |
|
South Dublin |
€7,306,566 |
€10,447,040 |
€9,095,857 |
€19,255,227 |
|
Tipperary |
€5,123,379 |
€9,662,636 |
€7,114,049 |
€10,083,128 |
|
Waterford |
€4,145,086 |
€6,601,254 |
€5,314,551 |
€8,535,667 |
|
Westmeath |
€2,883,520 |
€5,448,035 |
€4,135,434 |
€5,934,604 |
|
Wexford |
€5,872,024 |
€9,072,832 |
€7,374,280 |
€11,691,836 |
|
Wicklow |
€4,009,247 |
€6,022,844 |
€4,973,539 |
€8,621,943 |
|
GRAND TOTALS |
€154,959,025 |
€258,110,835 |
€206,149,574 |
€343,850,426 |
19. Deputy James Lawless asked the Tánaiste and Minister for Enterprise, Trade and Employment the grants and supports available to a small business that is not a ratepayer to a local authority; and if he will make a statement on the matter. [29672/20]
Amharc ar fhreagraThe Government introduced the July Stimulus €7bn package of supports for firms of all sizes, which includes the wage subsidy scheme, the pandemic unemployment payment for the self-employed, 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 COVID-19 supports for business are available at: https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/
The July Stimulus Package is a substantial financial package to stimulate our economy worth more than €5 billion, with an additional €2 billion in loan guarantees which is bigger in scale than most budgets and is being deployed at speed. The July Stimulus package was designed to help businesses to open, to help those already open to stay open, to get staff back to work and for those who cannot go back to their old jobs, there are new opportunities.
The range of measures in place to assist businesses include direct grants to support viable businesses and jobs, including new hire. We have extended the wage subsidy scheme, which will run until the end of March 2021 and will be open to firms that do not currently participate and open to workers like seasonal workers who were not previously included, and we are giving companies extra assistance through an enhanced Restart Plus grant of up to €25,000. From 1st September, the six-month reduction in the VAT came into effect, going down from 23% to 21%.
We are providing more and cheaper loan finance through MicroFinance Ireland, SBCI and the new €2bn Credit Guarantee Scheme. I announced the reopening of MFI lending on 31st August and I launched the €2bn Credit Guarantee Scheme on 7th September.
I am working with my colleagues across Government to assist businesses impacted by COVID-19 and I will continue to keep the supports provided for SMEs under review with the goal of setting our country towards economic recovery.
20. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the extension of the Temporary Framework for state aid until at least June 2021; and if he will make a statement on the matter. [29758/20]
Amharc ar fhreagraI very much welcome the recently proposed amendments to the Temporary Framework and in particular, I welcome the proposed extension of the Framework to 30th June 2021. Ireland has, over the last number of months, expressed to the Commission at every opportunity the importance of an extension to the Framework in order that we can continue to respond to the impacts the COVID-19 pandemic is having on our economy and the economy of the EU as a whole.
At a virtual meeting on 7th October with Executive Vice President Vestager, Commissioner for Competition, I welcomed the proposed extension but highlighted that there will most likely be a need for the Framework to be extended beyond June 2021 to December 2021. This was also raised by my Officials at a consultation meeting this week on the proposed 4th Amendment to the Temporary Framework. The Commission has advised that the extension to 30th June 2021 does not preclude a further extension if it is required.
We expect that the proposed amendments to the Framework, including its extension for at least a further 6 months, will be adopted by the Commission in the next week.
21. Deputy Johnny Guirke asked the Tánaiste and Minister for Enterprise, Trade and Employment the level of new investment arising from IDA sponsored enterprises in counties Meath and Westmeath, respectively, in each of the years 2015 to 2019 and to date in 2020; and if he will make a statement on the matter. [25956/20]
Amharc ar fhreagraCounties Meath and Westmeath continue to be strong performers in terms of attracting foreign direct investment (FDI). From 2015 to 2019, the number of IDA client companies based in County Meath increased from 16 to 19 with 371 net new jobs added during this period. Since 2015, there have been a number of significant announcements from companies in Meath including Facebook and PCI Pharma.
In County Westmeath, the number of multinational firms increased from 18 companies in 2015 to 22 companies at the end of last year. IDA client companies in County Westmeath also reported a net increase of 963 new jobs from 2015 to 2019. There have also been a number of high-profile investments from FDI firms during this period including Neueda Technologies, Teleflex Medical and Aerie Pharmaceuticals.
The following tables outline the total number of IDA client companies and level of employment from 2015 to 2019 in Counties Meath and Westmeath. Figures on job creation and new investments for 2020 will not be available until the release of my Department's Annual Employment Survey in 2021.
Table A: Number of IDA client companies and employment data for County Meath 2015-2019
|
Meath |
2015 |
2016 |
2017 |
2018 |
2019 |
|
No. of Companies |
16 |
18 |
17 |
19 |
19 |
|
Total Jobs |
1,533 |
1,526 |
1,491 |
1,654 |
1,904 |
Table B: Number of IDA client companies and employment data for County Westmeath 2015-2019
|
Westmeath |
2015 |
2016 |
2017 |
2018 |
2019 |
|
No. of Companies |
18 |
16 |
21 |
22 |
22 |
|
Total Jobs |
2,723 |
2,783 |
3,012 |
3,451 |
3,686 |
22. Deputy Johnny Guirke asked the Tánaiste and Minister for Enterprise, Trade and Employment the level of new investment arising from Enterprise Ireland grant aided enterprises in counties Meath and Westmeath, respectively, in each of the years 2015 to 2019 and to date in 2020; and if he will make a statement on the matter. [25957/20]
Amharc ar fhreagraSupporting balanced regional development is a core objective of Government. In pursuit of this policy objective, Enterprise Ireland is working with manufacturing and internationally traded services companies in Meath and Westmeath to build scale, innovate and expand reach - key attributes required to be resilient to economic shocks.
Since the onset of the COVID-19 pandemic, as part of the agency’s overall engagement with client companies, the agency is working intensively with companies to support them stabilise their business, thereby enabling them to undertake a development programme focused on recovery and growth. In addition, the agency is actively working with client companies to ensure they are prepared for a no deal Brexit.
In 2019 Enterprise Ireland client companies reported a record high of 221,895 people in employment. Sixty-Five per cent of this employment is located outside of Dublin. In 2019, 7,687 people were employed in the 165 Enterprise Ireland supported firms in Meath. In the same year, 3,382 people were employed in the 99 Enterprise Ireland supported firms in Westmeath.
The following table details new funding approvals to clients in Meath and Westmeath for the period 2015 to the 6th of October 2020.
|
|
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
Meath |
€3,885,018.56 |
€3,555,521.00 |
€1,351,060.00 |
€5,094,542.00 |
€2,539,689.00 |
€1,779,135.00 |
|
Westmeath |
€3,042,456.00 |
€1,922,900.00 |
€1,467,585.50 |
€2,328,968.00 |
€1,499,677.00 |
€754,354.00 |
|
Total |
€6,927,474.56 |
€5,478,421.00 |
€2,818,645.50 |
€7,423,510.00 |
€4,039,366.00 |
€2,533,489.00 |
23. Deputy Cian O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment the protections that are in place to stop companies from moving assets to other holding companies thereby reducing the potential for employee redundancy payments if the trading company becomes insolvent in future; and if he will make a statement on the matter. [29890/20]
Amharc ar fhreagraThe procedures for examinership and winding up are set out in Parts 10 and 11 of the Companies Act 2014 respectively. A company, both during normal operation and during insolvency must also of course abide by all relevant legal requirements including in relation to the treatment of employees and creditors and disclosure to Revenue.
The Companies Act 2014 provides provisions which may be utilised by examiners, liquidators or creditors (which can include employees of a company) of an insolvent company in appropriate cases, including sections 557 and 608, regarding the court power to order the return of assets which have been improperly transferred; and section 599 where a related company may be required to contribute to the debts of a company being wound up. A range of factors will be involved for examiners, liquidators or creditors in deciding whether to pursue litigation based on these provisions of the Companies Act 2014.
The provisions of the Companies Act 2014 provide safeguards to prevent the abuse of the liquidation system. These include preferential payments under section 621. A preferential creditor is one whose debts are deemed to be more important than the debts of another creditor. The current law is a result of careful balancing of the various rights of creditors, including employees. In terms of wage arrears, outstanding holiday pay, and pension scheme contributions, employees are always considered preferred creditors. In relation to redundancy entitlements it is the responsibility of the employer in the first instance to pay statutory redundancy and other wage related entitlements to eligible employees. However, the Social Insurance Fund, under the Department of Employment Affairs and Social Protection provides a safety net for employees in situations where the employer cannot pay due to financial difficulties or insolvency.
In addition, the liquidator of an insolvent company must report to the Office of the Director of Corporate Enforcement (ODCE) on its demise and must also apply to the High Court for the restriction of each of the directors of the company, unless they are relieved of that obligation by the ODCE.
Such statutory provisions and associated civil and criminal penalties also provide an important deterrent effect.
The Government has committed in the Programme for Government to:
- Review whether the current legal provisions surrounding collective redundancies and the liquidation of companies effectively protect the rights of workers;
- Review the Companies Act with a view to addressing the practice of trading entities splitting their operations between trading and property with the result being the trading business (including the jobs) go into insolvency and the assets are taken out of the original business;
- Examine the legal provision that pertains to any sale to a connected party following the insolvency of a company including who can object and the allowable grounds of an objection.
I have asked the Company Law Review Group to undertake an expedited review of these commitments as they relate to company law, to be completed before the end of the year.
24. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of a work permit for a person (details supplied); and if he will make a statement on the matter. [29917/20]
Amharc ar fhreagraThe Employment Permits Section of my Department inform me that a standard application for a Critical Skills Employment Permit was submitted on 2nd October 2020 in respect of the named person (details supplied).
As the Employment Permits Section is currently processing standard applications received on 7th September 2020, this application should be considered within the next 3-4 weeks.
25. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of a public policy on remote working. [29958/20]
Amharc ar fhreagraAs our country continues to navigate COVID-19, remote working is now more important than ever. This is reflected in the recent and ongoing work of my Department, and in the Programme for Government, which contains commitments aimed at facilitating remote working across Ireland.
Last December my Department published the Remote Work in Ireland report. This outlined the prevalence and types of remote working in existence in Ireland. It also identified influencing factors on the part of both employers and employees.
One of the findings of the report was the need for further guidance for employers and employees. My Department is now working to deliver guidance that will fill that need. An Interdepartmental Group, consisting of relevant departments and agencies, has been formed to steer the delivery of this guidance.
The ‘Guidance for Working Remotely during COVID-19' webpage is a central access point for all of the Government guidance currently available on remote working. The allows employers and employees to navigate the existing guidance easily and helps to inform those working from home during the course of the COVID-19 pandemic.
In July, my Department launched a public consultation on remote working guidance to help us to understand what remote working issues are most pressing for employers and employees. Once the results of this consultation have been analysed, we will focus on the key issues arising and identify where work can be completed to address these issues. The guidance webpage will be updated following the consultation to address the noted areas of concern and provide employers and employees with additional guidance to facilitate remote working in the long term. The webpage will be regularly updated to reflect any changes made in response to the consultation.
The Programme for Government recognises that facilitating remote working and innovation opportunities is essential for addressing climate change, adapting to an evolving economy and competing internationally. It contains a number of commitments to encourage remote working across our country. This includes the commitment to develop a national remote working strategy. My Department is leading on this action. Work is currently underway on this under the guidance of an Interdepartmental Group and it is expected to be published in the coming months.
26. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to expedite examinership lite for SMEs and microbusinesses (details supplied). [29959/20]
Amharc ar fhreagraI am currently considering the issue of corporate rescue, or 'examinership lite', for SMEs and microbusinesses in conjunction with the Company Law Review Group (CLRG). Membership of the CLRG is broad and representative of key stakeholders in the area such as ISME, IBEC, ICTU, the Revenue Commissioners, insolvency and legal practitioners and regulators, making it uniquely well positioned to provide an informed view on the matter. I expect the CLRG to report to me by the end of this month.
I know that the cost of examinership is prohibitive for smaller businesses. I have asked the CLRG to conduct its review in the context of reducing the costs and administrative burden associated with rescue so as to make it more accessible to SMEs under the following terms of reference:
1. Examine and make recommendation as to how the statutory scheme of arrangement provisions of the Companies Act 2014 might be adapted to provide a rescue framework for SMEs.
2. Examine and make recommendation as to ways in which key elements of the examinership process, including a stay on enforcement proceedings and a cross-class cram-down, might be incorporated into a rescue framework for SMEs.
3. Other EU Member States provide for voluntary restructuring processes, with a strong emphasis on creditor agreement. Examine and make recommendation as to whether such a process is desirable in an Irish context with particular emphasis on the French framework (mandate ad hoc procedure).
4. Any other recommendations the CLRG consider appropriate.
It is important to note that the impact of any amendments in respect of corporate rescue extend far beyond a company and its directors. Consideration must also be given to the implications of any such changes for creditors, who are often other companies, and employees. There is a delicate balance to be struck between the competing needs of affected stakeholders and I will consider the CLRG's Report carefully in this regard.
I remain committed to exploring ways in which we can support SMEs while also ensuring the appropriate safeguards remain in place for creditors and employees.
27. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if a bespoke support package will be given to pubs and restaurants that have to close due to level 3 public health restrictions; and if he will make a statement on the matter. [29960/20]
Amharc ar fhreagraI am keenly highly aware that publicans and restauranteurs are making a massive sacrifice to protect their communities and I am committed to ensuring that the Government will offer as much assistance and support as possible.
On 28th August 2020, the Government announced a further €16m support package to help pubs, bars and nightclubs, recognising the economic impact of Covid-19 on their businesses and to assist planning and adaptation for their re-opening. This package contained measures including:
- Restart Grant Plus 40% Top Up: Those businesses remaining closed and planning their re-opening can now receive a minimum of €5,600 and a maximum of €35,000 under the Restart Grant Plus. This can be used to help additional expense and adaptations associated with re-opening when the time comes.
- Waiver of court fees and associated excise and stamp duties relating to the renewal of pub and other liquor licences in 2020.
- Waiver of excise duty on on-trade liquor licences on renewal in 2020.
These measures have been implemented in addition to the existing Restart Grant Plus, Tourism Adaptation Fund, the wage subsidy scheme, commercial rates waiver, liquidity supports and tax measures (such as warehousing of tax debt and reduction in VAT).
The Restart Grant Plus provides direct grant aid to businesses with up to 250 employees to help them with the costs associated with reopening and reemploying workers following COVID-19 closures. Top-ups were previously made available for eligible businesses in Kildare, Laois, Offaly, Dublin and Donegal in respect of a further period of restrictions, for ‘wet’ pubs, bars and nightclubs nationwide that re-opened on 21 September, and for ‘wet’ pubs, bars and nightclubs in Dublin that remain closed.
Businesses in Dublin and Donegal were generally eligible for a grant top-up due to the restrictions imposed at that time. Donegal pubs remained partially open, so the pubs were entitled to an additional top-up in recognition of the restrictions imposed. Meanwhile, Dublin pubs that were forced to remain closed were entitled to a further enhanced top-up.
As the Deputy will be aware, on 6th October 2020 all parts of the country moved to Level Three of the Government’s Framework for Restrictive Measures for a period of three weeks.
I understand that these restrictions have a significant impact on businesses and employment around the country. In recognition of the impact of these restrictions on businesses, a 30% top-up to the Restart Plus grant is being provided to help support those affected through the three-week period. In addition, in recognising that Level 3 has been extended in Dublin and Donegal beyond the three-week period, businesses in these counties are eligible for a further top-up in addition to those made available in September. Businesses in the hospitality sector and other vulnerable sectors who have previously benefited from the Restart Grant are eligible to re-apply for this top-up.
These supports are supplementary to the wide range of existing loan and voucher schemes available to assist businesses affected by COVID-19 provided through the July Jobs Stimulus and other Government initiatives.
Further information on top-up payments and application forms for the Restart Grant Plus Scheme are available on the websites of all Local Authorities. The closing date for receipt of applications to the scheme has been extended to 31st October 2020 to ensure the scheme is accessible to as many businesses as possible.
All COVID-19 Business Schemes are under constant review in terms of the evolving situation and will be adapted as circumstances dictate. Today, Budget 2021 will include a number of proposals to further support workers and businessess. I can assure the Deputy that I will continue to work with my colleagues across Government and all stakeholders to examine how best to further assist businesses impacted by Covid-19 as part of Budget 2021 and the National Economic Plan.
Details of the wide range of COVID-19 supports available are noted on this Department’s website at https://dbei.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/
28. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of HSA inspections of workplaces that have been carried out for compliance with Covid-19 regulations from March 2020 to date by sector; if the workplace was compliant; the number of inspections that were unannounced; and if he will make a statement on the matter. [29961/20]
Amharc ar fhreagraThe Return to Work Safely Protocol (Protocol) was launched on 9 May 2020 and came into effect on the 18 May 2020 to coincide with Phase 1 of the Government roadmap to ease COVID-19 restrictions and commence the reopening of the economy. Between 18th of May 2020, and 2nd of October 2020 the Health and Safety Authority (HSA) carried out 3,785 COVID-19 compliance checks.
The table contained in the following link shows the number of COVID-19 compliance checks per sector and the percentage level of compliance with the main provisions contained in the Protocol namely;
- Covid Plan in place
- Covid training provided
- Covid control measures in place
- Lead worker representative in place
The vast majority of inspections carried out by the HSA are unannounced. In exceptional circumstances, and in particular in relation to COVID-19, for example, in support of Public Health management of an outbreak, advanced notification may be required for operational reasons.
Based on the inspections and investigations carried out, the HSA identified a generally high level of compliance with the recommended measures to limit the spread of COVID-19 in workplaces. When non compliance with the Protocol is identified this is followed up with the employer.
Including the HSA COVID-19 compliance checks, a total of 16,817 compliance checks have been carried out by all the inspection bodies, which includes the Workplace Relations Commission, Agricultural Inspectors from the Department of Agriculture, Food and the Marine and the HSE's Environmental Health Officers. Over 368,500 downloads of HSA Return to Work Safely Checklists and Templates have also taken place.
29. Deputy Brendan Griffin asked the Tánaiste and Minister for Enterprise, Trade and Employment if supports will be put in place to assist seasonal businesses with rent costs (details supplied); and if he will make a statement on the matter. [30182/20]
Amharc ar fhreagraI understand this is a difficult time for many businesses, especially those heavily impacted by the crisis who are facing an uncertain future. I know that some firms are concerned about how they are going to continue to pay the rent due for their business premises. Throughout this crisis, the Government has been encouraging commercial tenants and landlords to engage with each other and have asked landlords to show forbearance in these extraordinary times. Ultimately, it is in the best interest of both parties to come to a reasonable arrangement.
To date the Government has provided enhanced provisions to a value of almost €20 billion including the €7.4 billion July Stimulus Package. The July Stimulus Package was, as promised, a package of measures of sufficient scale that demonstrates the commitment this Government has to save enterprises, limit the damage to our economy wreaked by this pandemic and get our people back to work. Indeed, it is bigger in scale than most budgets and it is being deployed at speed. It includes:
- A new Employment Wage Support Scheme succeeding the Temporary Wage Subsidy Scheme;
- Restart Grants of up to €25,000 available to a broad category of businesses such as hairdressers, sports clubs, cafes, restaurants, B&Bs, and independent hotels to help cover the costs incurred during closure and reopening costs;
- The ‘Stay and Spend’ initiative will see consumers benefit by up to €125 each for expenditure on hospitality activities during the traditional ‘off peak’ for this sector;
- A €10 million Restart Fund for the Tourism Sector;
- The new €2 billion COVID-19 Credit Guarantee Scheme to provide Irish businesses with access to low cost loans as they respond to the impacts of COVID-19. This is the biggest ever state-backed loan guarantee in Ireland;
- The recently reopened Microfinance Ireland Covid-19 Loan scheme; and
- Several other initiatives to provide vital liquidity to all impacted firms have been introduced including rates waivers, temporary VAT reductions, delayed payment of PAYE and VAT debts, in part or in full, for a set period with no interest or penalties, and the early carry back of trading losses providing immediate cash-flow support to previously profitable companies.
Recognising the economic impact of Covid-19 on pubs, bars and nightclubs, and to assist planning and adaptation for their re-opening, an additional €16 million support package for this sector was announced at the end of August. This included a 40% Restart Grant Plus Top Up for pubs, bars and nightclubs that remain closed to help them to reopen, a waiver of court fees and associated excise and stamp duties relating to the renewal of pub and other liquor licences in 2020 and a waiver of excise duty on on-trade liquor licences on renewal in 2020.
On 1st October, I published a new voluntary Code of Conduct between Landlords and Tenants for Commercial Rents. The Code, which is a commitment in the Programme for Government, has been developed in consultation with relevant stakeholders, including Ibec, Retail Excellence Ireland, Chambers Ireland and Irish Institutional Property. It is based on an approach taken in other jurisdictions, including Australia, France and the UK.
The Code sets out how both parties can work together to get through these uncertain times. Landlords should be willing to do what they can to help their tenants to continue to operate rather than facing the risk of a vacant premises and inability to obtain new tenants. Equally, tenants should pay what they can and speak with their landlord when difficulties arise.
The Code can be found on my Department’s website here: https://dbei.gov.ie/en/Publications/Code-of-Conduct-between-Landlords-and-Tenants-for-Commercial-Rents.html
30. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if he has engaged with retailers offering designated shopping hours for vulnerable groups to encourage them to take steps to enforce designated hours to ensure vulnerable persons have a safe and comfortable shopping experience; and if he will make a statement on the matter. [30229/20]
Amharc ar fhreagraRetail, as the largest private sector employer, has shown determination and adaptability in the face of incredible challenges. It has changed its business models, refitted premises, retrained staff and come up with new and innovate ways including; designated shopping hours to continue to trade safely, to protect its employees and customers.
The Retail Forum, an initiative of my Department which is chaired by my colleague Minister of State English, continues to focus on how best to adhere to COVID-19 public health guidelines. My Department and members of the Forum are in continuous engagement on the issues of COVID-19 compliance, including on mandatory mask wearing in retail settings, which the members were very helpful in introducing over August.
Since the introduction of Level 3 restrictions in Dublin and now applicable country wide, my Department wrote to retail representative bodies, including those working with shopping centres, asking that they remind all members in the retail sector, of the need for strict adherence to public health guidelines on social distancing, queuing, entry and exit and restricting congregations.
The National Standards Authority of Ireland (NSAI) which is an agency of my Department, developed guidelines for both the retail sector ‘COVID-19 Retail Protection and Improvement Guide’ and shopping centres ‘COVID-19 Shopping Centre Recovery and Protection Guide’ and is continuously refreshing these guidelines as ‘living documents’. It is also stepping up its promotion of those guidelines with the sector.
My Department will also be leading on a ‘Shop Safely’ public awareness campaign and good shopping etiquette, adhering to social distancing and queuing protocols and not congregating in shopping centres and other retail areas.
Minister of State English will continue to engage with the Retail Forum throughout this challenging time to advise retailers of the importance of adherence to the public health guidelines for the ongoing safety of employees and customers.
