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Film Industry

Dáil Éireann Debate, Thursday - 11 November 2021

Thursday, 11 November 2021

Ceisteanna (167)

Richard Boyd Barrett

Ceist:

167. Deputy Richard Boyd Barrett asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her attention has been drawn to the fact that film producer companies that are in receipt of public funding such as section 481 and Screen Ireland grants which are conditional on the provision of quality employment and training are regularly attending Workplace Relations Commission and Labour Court hearings in cases taken by film employees and denying that they have a responsibility to those employees; and if she will make a statement on the matter. [55226/21]

Amharc ar fhreagra

Freagraí scríofa

The Workplace Relations Commission (WRC) and the Labour Court are independent statutory bodies  under the Workplace Relations Act 2015 and the Industrial Relations Act 1946 respectively.   The WRC and the Labour Court are the mechanisms for regulating employment law in the State.  They are under the aegis of my colleague the Minister for Enterprise, Trade and Employment.   Both organisations have statutory powers under which they conduct their business and I have no role in their operations.

In relation to the application process for a Certification under Section 481, a producer company and a  qualifying company as defined by the Taxes Consolidation Act 1997 (as amended) are required to sign an undertaking in respect of quality employment and must as a condition of certification, provide details of any Work Place Commission decisions in relation to the qualifying company, the producer company or other companies in the film group, and where those decision are a finding against such a company, confirmation that the finding has been followed or an explanation where the finding has not been followed.

If a producer does not comply with the employment and skills development requirements they may not be eligible for the corporation tax credit. 

Should the WRC determine that a company in receipt of section 481 tax relief has not complied with the relevant employment rights legislation, any amounts claimed may be recoverable with interest.

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