Written Answers Nos. 170-181
170. Deputy Cathal Crowe asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will intervene in the application of a person (details supplied) for a work permit; and if he will make a statement on the matter. [51039/22]
Amharc ar fhreagraThe Employment Permits Section of my Department informs me that, on 8th August 2022, a General Employment Permit application for the person concerned (in the details supplied) was received.
On 6th September 2022 the application was refused. The refusal reasons included the following:
- The position on offer is on the list of ineligible categories of employment for employment permits therefore an employment permit cannot be granted.
- An advertisement for the employment was not placed with the Department of Social Protection/EURES Employment Services for 28 days during the 90 days preceding the application as is required. The manner in which the advertisement was published in a national newspaper and local newspaper or on a website for three days did not meet requirements. All advertisements are required to state a description of the employment, the name of the employer, the minimum annual remuneration, the location/s of employment and the hours of work on offer per week.
- A statement issued by the Revenue Commissioners showing the monthly statutory return made by the employer, dated within the 3-month period preceding the application showing the full company name, address and Employer Registered Number was not provided.
- A copy of the signed Contract of Employment between the person who made the offer of employment, and the Foreign National was not provided.
The applicant was informed of the refusal reasons and of their right to request a review of the decision within 28 days from the date of the refusal letter that issued. On 4th October 2022 a request for a review of the refusal decision was received.
The reviewing officer is currently considering this review request.
171. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of judicial reviews taken against his Department in the past ten years to date in 2022, in tabular form; if he will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by his Department as a result of judicial reviews over that time period. [50754/22]
Amharc ar fhreagraDetails of judicial reviews taken against my Department during the period in question are set out in the table below.
Responsibility for the Protection of Employees (Employer’s Insolvency) Act 1984 transferred to the Minister for Enterprise, Trade and Employment from the Minister for Social Protection in October 2020. Judicial reviews relating to provisions of this Act prior to October 2020 were initiated against the Minister for Social Protection, but are now reported by my Department.
Additionally, there were a number of judicial review proceedings relating to Employment Permit applications during the period in question. It is not possible to compile details of these in the time available.
172. Deputy Brendan Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment the actions that he has taken to date to ensure that bread retailers are not over-charging for this basic food stuff; if his attention has been drawn to bakers who are concerned that some retailers are inflating the price of bread above that being charged to them by suppliers; and if he will make a statement on the matter. [50792/22]
Amharc ar fhreagraThe factors contributing to inflation at the present time have been well documented. These factors are generally accepted to include global supply chain issues relating to rebounding global demand post COVID-19; and the impact of the invasion of Ukraine on international commodity supplies especially grain/oilseeds and energy supplies. These issues are significant and are having impacts right across the economy.
In relation to the remit of my Department which includes responsibility for competition and consumer rights law, the Competition and Consumer Protection Commission (CCPC) is the independent statutory body responsible for promoting compliance with, and enforcing, competition and consumer protection law in Ireland.
In relation to the CCPC’s mandate in this area, their role is to ensure that prices are set independently by competing businesses, and those prices are then prominently displayed at the point of sale thereby enabling consumers to make informed choices about which supplier offers the best value. The CCPC do not tell businesses what prices to charge. Generally, traders in Ireland are free to set and change their prices for goods and services. Lower prices play a key role in attracting consumers, and traders compete to keep their prices low enough to attract consumers.
Notwithstanding the issues around supplies and their costs, businesses must behave competitively. The Competition and Consumer Protection Commission (CCPC), which is independent in the exercise of its functions, has powers to:
- Enforce competition and consumer protection rules that ensure businesses set prices independently and communicate them appropriately to consumers;
- Ensure that mergers do not result in a significant lessening of competition, which carries a risk of higher pricing;
- Help to educate and inform consumers so they are able to shop around, and in doing so add to the competitive pressure on businesses when they set their prices; and
- Conduct a market study if it suspects that there is a market failure or dysfunction that results in pricing that is causing consumer harm.
- Excessive pricing may be illegal if a business is in a dominant position, where it faces little competition, and its customers have little bargaining power. When a business is dominant, it is not allowed to abuse its position. Businesses and their pricing decisions are constrained by the need to compete rather than by any legal obligation.
When the CCPC receives complaints about pricing it assesses them to see if they indicate a possible breach of competition or consumer protection law. It can also take action on its own initiative when it suspects there may have been a breach.
173. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the date on which Section/Paragraph 19 of the European Communities (Credit Institutions: Accounts) Regulations 1992 was first amended to allow for the adoption of international accounting standards that delay the recognition of loan losses in view of the fact that the concept of prudence, as defined in Section/Paragraph 19 requires the immediate recognition of losses (details supplied); and if he will make a statement on the matter. [50799/22]
Amharc ar fhreagraThe amendment referred to was made by S.I. No. 116/2005 - European Communities (International Financial Reporting Standards and Miscellaneous Amendments) Regulations 2005.
This instrument gave effect to the requirement of the European Union that companies with securities admitted to trading on a regulated market must prepare their consolidated financial statements under International Financial Reporting Standards (IFRS) as adopted by the EU.
The EU introduced this rule to promote the convergence of accounting standards at global level and to ensure consistent and comparable financial reporting across the EU.
The national legislative framework has since been updated by way of the Companies Act 2014 and S.I. No. 266/2015 - European Union (Credit Institutions: Financial Statements) Regulations 2015.
174. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will clarify his Department's response to the current impediments placed on the ERO for security workers; if he intends to take action on the issue; and if he will make a statement on the matter. [50801/22]
Amharc ar fhreagraThe Statutory Instrument giving effect to the new Employment Regulation Order for the Security Industry was to apply from 29 August 2022. However, on 24 August 2022, my Department was informed that the High Court had granted an Injunction prohibiting the commencement of the proposed Statutory Instrument. Department Officials have engaged the Attorney General’s office on the matter. However, as the matter is still before the Courts, it would be inappropriate to make any further comment at this time.
175. Deputy Richard O'Donoghue asked the Tánaiste and Minister for Enterprise, Trade and Employment when the new applications for permits will be issued for dairy farm workers outside of the EU (details supplied); and if he will make a statement on the matter. [50932/22]
Amharc ar fhreagraFollowing the review of Occupational Lists, announced in October 2021, additional permits were made available - under quota - for certain roles in the agricultural sector. This included the establishment of a quota of 100 General Employment permits for the role of Dairy Farm Assistant. The quotas issued were subject to a review of labour attraction and retention in the agricultural sector.
The Employment Permits Section of my Department informs me that all of the 100 General Employment Permits established under this quota for Dairy Farm Assistants have now been granted. Therefore, any new applications received in respect of this role will be returned. A notification to this effect was placed on my Department’s website on 30th September 2022.
My Department continues to keep the employment permits system under review in light of changing labour market circumstances and the timing of the next Review of the Occupational Lists will be kept under consideration.
176. Deputy Thomas Pringle asked the Tánaiste and Minister for Enterprise, Trade and Employment the national minimum wage rate in Ireland in each of the years 2007 to 2021 and to date in 2022; and if he will make a statement on the matter. [51003/22]
Amharc ar fhreagraSince the introduction of the National Minimum Wage in 2000, the National Minimum Wage has been adjusted twelve times.
Since 2015 the Low Pay Commission has been responsible for making recommendations to the Minister for Enterprise, Trade and Employment on the National Minimum Wage under the terms of the National Minimum Wage (Low Pay Commission) Act 2015.
The adult rate currently stands at €10.50 per hour. This rate will increase to €11.30 per hour on 1 January 2023.
Changes in the National Minimum Wage since 2007 are shown below.
|
1 January 2007 |
€8.30 |
|
1 July 2007 |
€8.65 |
|
19 January 2011 |
€7.65 |
|
1 July 2011 |
€8.65 (reversal of cut) |
|
1 January 2016 |
€9.15 |
|
1 January 2017 |
€9.25 |
|
1 January 2018 |
€9.55 |
|
1 January 2019 |
€9.80 |
|
1st February 2020 |
€10.10 |
|
1st January 2021 |
€10.20 |
|
1st January 2022 |
€10.50 |
|
1st January 2023 |
€11.30 |
177. Deputy Catherine Murphy asked the Minister for the Environment, Climate and Communications the number of judicial reviews taken against his Department in the past ten years to date in 2022, in tabular form; if he will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by his Department as a result of judicial reviews over that time period. [50755/22]
Amharc ar fhreagraMy Department has been reconfigured on several occasions over the time period referenced by the Deputy. In view of this, the information sought by the Deputy is not readily available for the entire period requested and its compilation would involve a disproportionate amount of time. However, I can provide details of the judicial reviews taken against my Department in the last 5 years. Over this period, there have been 13 judicial reviews of which 3 remain active.
The State’s legal costs relating to these judicial reviews are paid by the CSSO. There are therefore no costs to my Department in this respect. Settlements, which are paid by my Department, are subject to confidentiality agreements between the parties to the litigation.
The following table sets out the details requested over the last 5 years.
|
Parties |
Status |
Cost to DECC |
|
Right to Know CLG –v- An Taoiseach -and- Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General |
Concluded |
Nil |
|
Right to Know CLG –v- Commissioner For Environmental Information and Minister For Communications, Climate Action and Environment (Notice Party) |
Concluded |
Nil |
|
Right to Know CLG –v- Commissioner for Environmental Information and Minister for Communication, Climate Action and the Environment |
Concluded |
Nil |
|
Right to Know CLG v Minister for Communication, Climate Action and Environment & ors |
Concluded |
Nil |
|
Lighthouse Networks Limited trading as Lightnet -v- the Minister for Communications, Climate Action and Environment |
Active |
Nil to date |
|
TMS -v- the Minister for Communications, Climate Action and Environment |
Concluded |
Settlement reached in this case. |
|
Martin Harrington, Maura Harrington, Monica Muller, Peter Sweetman -v- the Minister for Communications, Climate Action and Environment, Ireland and the Attorney General and Shell E&P (Ireland) Ltd. |
Concluded |
Nil |
|
An Taisce v The Minister for Communications Climate Action and Environment, Ireland & the Attorney General and EXOLA DAC. |
Concluded |
Settlement reached in this case. |
|
Viridian Energy Limited (trading as Energia) -v- the Minister for Communications, Climate Action and Environment |
Concluded |
Settlement reached in this case. |
|
Viridian Energy Limited (trading as Energia) -v- the Minister for Communications, Climate Action and Environment |
Concluded |
€297,795.30*
|
|
* Payment to consultancy firm for a report concerning the impact of the Energy Efficiency Notice issued by the Minister |
||
|
North East Pylon Pressure Campaign Limited and Maura Sheehy -v- the Minister for Communications, Climate Action and Environment |
Concluded |
Nil |
|
Friends of the Irish Environment CLG -v- the Minister for Communications, Climate Action and Environment |
Active, (awaiting Court of Appeal judgement). |
|
|
LOC8 -v- Eircodes and Minister for Communication, Climate Action and the Environment |
Active |
Nil to date |
178. Deputy Mark Ward asked the Minister for the Environment, Climate and Communications the provisions that are in place for residents who are using a coin meter for electricity to claim the energy credit; and if he will make a statement on the matter. [50781/22]
Amharc ar fhreagra180. Deputy Neasa Hourigan asked the Minister for the Environment, Climate and Communications if his attention has been drawn to instances in relation to the electricity cost emergency benefit scheme where a unique MPRN meter is split into multiple meters across two or more units and the energy credit is then split between each unit, resulting in a lower payment per person and affecting often more vulnerable energy users in these circumstances; his plans to address same; and if he will make a statement on the matter. [50859/22]
Amharc ar fhreagra181. Deputy Neasa Hourigan asked the Minister for the Environment, Climate and Communications if his attention has been drawn to instances in relation to the electricity cost emergency benefit scheme where a landlord may have a single business meter for a property split between units as opposed to residential meters, resulting in no energy credit being passed onto the residents; his plans to address same; and if he will make a statement on the matter. [50860/22]
Amharc ar fhreagraI propose to take Questions Nos. 178, 180 and 181 together.
|
I propose to take Question N.o.’s 178, 180 and 181 together.Government is acutely aware of the impact that the recent increases in global energy prices is having on households. This is why a €2.4 billion package of supports was implemented during 2022, and a package of once off measures worth €2.5 billion included in Budget 2023. The Budget package includes a new Electricity Cost Emergency Benefit Scheme through which €550.47 (exclusive of VAT) will be credited to each domestic electricity account in three payments of €183.49 (exclusive of VAT) in each of the following billing periods - November/December 2022, January/February 2023 and March/April 2023. The estimated cost of this scheme is €1.211 billion and will be provided to my Department through a Supplementary Estimate.The payment will be applied to domestic electricity accounts, including those with Pay As You Go meters, which are subject to distribution use of system charges at the rate for urban domestic customers (DG1) or the rate for rural domestic customers (DG2). The scheme uses the single identifier of the Meter Point Registration Number (MPRN) to ensure it can be administered automatically and without an application/approval process. This mechanism allowed payments to be made automatically to 2,138,939 domestic electricity accounts, over 99.36% of eligible accounts, under the first scheme which operated between April and June of this year. While the majority of residential tenants will hold their own domestic electricity accounts, and therefore receive the credit directly, others could have tenancy agreements where tenants pay their actual share of each bill and, in those cases, will benefit from the payment because the amount of the bill will be reduced by the amount of the payment. A small proportion could have other arrangements in place whereby electricity costs are part of the rental cost. Where tenants have a dispute relating to tenancies including any terms relating to electricity payments, these can be referred to the Residential Tenancies Board (RTB) for dispute resolution. As there is not data set identifying this cohort, increasing awareness of entitlements of existing social protection measures, which include provision for help with household bills, is an important way of supporting people in this situation.In addition, as part of its suite of once-off measures, Budget 2023 allocates €340 million for support for communities including sports bodies and community organisations.Along with the Electricity Cost Emergency Benefit Scheme Budget 2023 also introduced measures including: - €400 lump sum payment to Fuel Allowance recipients - €200 lump sum payment for pensioners and people with a disability getting the Living Alone Increase - €500 cost of living lump sum payment to all families getting Working Family Payment - double payment of Child Benefit to support all families with children - €500 cost of living payment for people receiving Carer's Support Grant will be paid in November - €500 lump sum cost of living disability support grant will be paid to all people receiving a long term disability paymentFurthermore, CRU has a dedicated email address for members of the public to contact them on matters such as this Customer Care Team - Commission for Regulation of Utilities (cru.ie)The CRU also has a dedicated email address for deputies to contact them oireachtas@cru.ie for timely replies. |
179. Deputy Louise O'Reilly asked the Minister for the Environment, Climate and Communications if a community group (details supplied) qualifies for an energy credit, or for any energy supports to help with the increased cost of energy bills. [50808/22]
Amharc ar fhreagraGovernment is acutely aware of the impact that the recent increases in global energy prices is having on households and throughout 2022 introduced a €2.4 billion package of supports and as part of Budget 2023 has introduced a package of once off measures worth €2.5 billion. This includes a new Electricity Cost Emergency Benefit Scheme through which €550.47 (exclusive of VAT) will be credited to each domestic electricity account in three payments of €183.49 (exclusive of VAT) in each of the following billing periods - November/December 2022, January/February 2023 and March/April 2023. The estimated cost of this scheme is €1.211 billion and will be provided to my Department through a Supplementary Estimate.The payment will be applied to domestic electricity accounts which are subject to distribution use of system charges at the rate for urban domestic customers (DG1) or the rate for rural domestic customers (DG2). This includes accounts with pre-pay meters. The scheme uses the single identifier of the Meter Point Registration Number (MPRN) to ensure it can be administered automatically and without an application/approval process.On 22 September I announced the extension of Government supports of up to €2,400 for the installation of solar PV panels for non-domestic buildings – aimed specifically at businesses, public organisations and community groups. The new grants are the next phase in the Government’s Microgeneration Support Scheme (MSS) and are administered through the Sustainable Energy Authority of Ireland (SEAI). The scheme provides grant funding of up to €2,400 towards the installation of solar PV technology up to a maximum of 6kWp, which is approximately 16 solar panels. This provides an opportunity for all areas of the non-domestic sector to not only reduce their electricity bills, but to visibly demonstrate their commitment to sustainability and Ireland’s broader climate action goals.At the current high electricity prices, businesses, including the community group identified by the Deputy, have the potential to save €2,000-3,000 per annum from a solar PV system supported under this scheme. Moreover, with the introduction of the Clean Export Guarantee (CEG), any residual renewable electricity not consumed on the premises is now eligible for an export payment which further supports the investment. This means that the installation can pay for itself quickly – thus helping to protect businesses and organisations across the country against rising energy prices into the future. Solar PV is also one of a range of measures funded under the SEAI Communities Energy Grant Scheme which makes grant funding available to improve the energy efficiency of the building stock and is open to domestic and non-domestic applications. To apply for a grant, non-domestic applicants should visit www.seai.ie and follow the outlined steps.In addition, as part of its suite of once-off measures, Budget 2023 allocates €340 million for support for communities including sports bodies and community organisations.
