Written Answers Nos. 159-173
159. Deputy Bernard J. Durkan asked the Taoiseach the extent to which he has had dialogue with his fellow heads of state at the recent meeting in Prague; and if distinctive action was agreed in respect of applicant countries for EU membership. [50287/22]
Amharc ar fhreagraI attended an informal meeting of the members of the European Council in Prague on 7 October.
Leaders discussed Russia’s war against Ukraine and the impact it is having on energy prices in Europe.
We were joined in this discussion by Ukraine’s President Volodymyr Zelenskyy via video conference.
We welcomed the adoption of an eighth package of sanctions against Russia adopted on 6 October in response to Russia’s illegitimate referenda and illegal annexations in Ukraine.
We also discussed military and financial support to Ukraine as well as the importance of countering Russian narratives about its war in Ukraine. We confirmed our resolve to support partners across the world in tackling food security issues.
The issue of EU enlargement was not specifically on the agenda of this meeting.
The day prior, on 6 October, I attended the first meeting of the European Political Community, a gathering of leaders from 44 countries from the wider European continent, to discuss issues of common interest and concern, such as the war in Ukraine and energy security. It was not an EU meeting, and its focus was not on the process of EU accession.
In the margins of the meeting, however, I had bilateral meetings with the Prime Minister of Ukraine Denys Shmyhal, Prime Minister of Albania Edi Rama, and Chairman of the Presidency of Bosnia and Herzegovina, Šefik Džaferoviæ. In all of those meetings, I expressed my support for the distinctive EU accession pathway of each country.
160. Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment if he supports extending the World Trade Organization decision of 17 June 2022 on the TRIPS agreement to cover intellectual property relating to Covid-19 treatments and diagnostic tests with no further conditions or changes to the text; and if he has responded to a correspondence concerning this matter from 18 NGOs. [51104/22]
Amharc ar fhreagraThe ‘Ministerial Decision on the TRIPS Agreement’ provides for a waiver of certain obligations of the TRIPS Agreement and includes clarifications that will allow eligible WTO Members to authorise a company to manufacture and export COVID-19 vaccines in a fast and simplified manner and without the consent of the patent owner.
Developing countries will be able to use this solution to authorise the manufacture, import or export of COVID-19 vaccines without prior negotiation with the patent owner and without any notification requirements that would delay the start of the manufacture or export.
Equally important is the clarification that the remuneration for patent owners may take account of humanitarian or not-for-profit purpose of production and hence support the production and supply of COVID-19 vaccines at affordable prices for those in need.
The Ministerial Decision covers COVID-19 vaccines as well as the ingredients and processes necessary for their manufacture. At the time of the adoption of the Decision, there was no consensus among the Members to cover also COVID-19 diagnostics and therapeutics.
As a compromise, paragraph 8 of the Decision stipulates that no later than six months from the date of that Decision (17 December 2022), Members will be expected to decide on whether to extend the Decision to cover the production and supply of COVID-19 diagnostics and therapeutics.
Trade is an exclusive competence of the EU, and accordingly the negotiations on TRIPS, as a trade matter, are led by the EU. The EU is in the process of conducting internal consultations and analysis on the extension, taking into consideration that the case for COVID-19 therapeutics and diagnostics is more complex than the one pertaining to vaccines.
Discussions on the extension of the mechanism to cover the production and supply of COVID-19 diagnostics and therapeutics are ongoing in the WTO and the EU is engaging constructively in these discussions.
Ireland will continue to engage with the European Commission and other Member States on the EU position. A decision to extend the earlier Ministerial Decision from June 2022 will require the agreement of all WTO Members.
161. Deputy Ivana Bacik asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons, expressed as a percentage of the total workforce, who were in the highest income tax bracket in Ireland in each of the years 2012 to 2021 and to date in 2022; and if he will make a statement on the matter. [51119/22]
Amharc ar fhreagraThe Department of Enterprise, Trade & Employment does not collect this information. I suggest the Deputy raises the matter with the Department of Finance or the Revenue Commissioners.
162. Deputy Thomas Pringle asked the Tánaiste and Minister for Enterprise, Trade and Employment when this Deputy can expect a substantive reply to an as-of-yet unacknowledged email representation dated 4 October 2022, on the non-payment of wages to Irish film production workers; and if he will make a statement on the matter. [51124/22]
Amharc ar fhreagraAn automated acknowledgement issued from my office on the 4 October 2022 and a substantive reply issued to the Deputy on the 13 October 2022.
Ireland has a comprehensive suite of employment rights legislation that protects all employees who are legally employed on a contract of service basis. The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department with responsibility for achieving compliance with employment law in the State. The functions of the WRC include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.
In circumstances where an employee has not been paid all the wages they are owed, the disputed sum may be considered a 'deduction' under the Payment of Wages Act 1991, and the impacted employee could bring a claim before the WRC. Complaints under the Act may be made using the online complaint form on the WRC's website which can be accessed at Making a Complaint - Workplace Relations Commission.
The WRC also provides a telephone information service. This service is manned by experienced WRC information officers and may be accessed at 059 917 8990 or 0818 80 80 90. The service is operational from 9:30 to 13:00 and 14:00 to 17:00, Monday to Friday.
Screen Ireland is the national development agency for Irish filmmaking and the Irish film, television and animation industry. The agency supports writers, directors and production companies across these sectors by providing investment loans for the development, production and distribution of film, television and animation projects. Screen Ireland is funded by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media which approves funding applications by producer companies through section 481 of the Taxes Consolidation Act 1997. Certification by the Minister is granted in accordance with regulations made under section 481 of the Taxes Consolidation Act S.I. No. 119/2019 Film Regulations 2019 and S.I. No. 120/2019 Film (Commencement Order) Regulations 2019.
163. Deputy Marc Ó Cathasaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps that his Department has taken to transpose EU Directive (EU) 2019/1152 on Transparency and Predictability of Working Conditions, due to be transposed into Irish law on 2 August 2022; when he expects that work to be completed; and if he will make a statement on the matter. [51139/22]
Amharc ar fhreagraEU Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union aims to improve working conditions by promoting more transparent and predictable employment while ensuring labour market adaptability.
It repeals Directive 91/533 EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship. It provides instead for more complete information on the essential aspects of the work to be received by the worker in writing at the beginning of the employment relationship. It also includes a new chapter on minimum requirements relating to working conditions providing completely new material rights for the workers in the European Union. The Directive will be transposed in Ireland by secondary legislation under the European Communities Act 1972.
There are a number of new elements introduced by this Directive that are legally complex. This has prolonged the drafting process and as a consequence, the deadline for transposition of 1st August was not met. However, it is important to note that Ireland pre-empted many provisions of the Directive with the Employment (Miscellaneous Provisions) Act 2018.
The 2018 Act has already introduced anti-penalisation provisions, stronger penalties for non-compliance, restriction of zero hours contracts and the provision of more precise information on hours of work and other core terms of employment to employees at an earlier stage in the employment relationship.
My officials are intensively engaging with the Office of the Attorney General to ensure that transposing Regulations can be finalised at the earliest opportunity possible this year.
164. Deputy John Lahart asked the Tánaiste and Minister for Enterprise, Trade and Employment the total spend by his Department and the agencies under his remit on cybersecurity measures since 2019 to date in 2022; and if he will make a statement on the matter. [51170/22]
Amharc ar fhreagraMy Department adopts a defence in depth approach to cyber security. This approach uses multiple layers and disparate systems to deliver security which is not dependent on any single component. Given the heightened level of cyber risk which has pertained in recent times, my Department’s technical staff has adopted a posture of increased vigilance and oversight of systems.
My Department takes advice from its own external security advisers, and monitors advice and guidance coming from the National Cyber Security Centre (NCSC) on any additional steps which should be implemented in the light of current risks.
For operational and security reasons, we are advised by the NCSC not to disclose details of systems and processes which could in any way compromise those efforts. In particular, it is not considered appropriate to disclose information which might assist criminals to identify potential vulnerabilities in departmental cybersecurity arrangements, or to allow those criminals to enumerate differences in approach between public bodies which could be used to identify targets.
Therefore, it is not considered appropriate to disclose particular arrangements in place in relation to cyber security tools and services, or financial details which could be used to rank the cyber defences of public bodies, and my Department does not comment on operational security matters.
The cybersecurity measures deployed and related spend by agencies under the remit of my Department is a day-to-day operational matter for those agencies and not one in which I have a direct function.
165. Deputy John Lahart asked the Tánaiste and Minister for Enterprise, Trade and Employment the proportion of his Department’s IT data that is stored in the cloud; the proportion of the data held by all agencies and subsidiaries of his Department in the cloud; if this represents an improvement; if so, the development that has been made towards cloud storage since 2019 to date; and if he will make a statement on the matter. [51194/22]
Amharc ar fhreagraWith the wide range and disparate nature of the systems and services supported by my Department, and the data required to support these, it is not possible to provide a figure for the proportion of the Department's IT data held in the cloud.
Previously my Department availed of relatively small-scale cloud storage options primarily to facilitate file transfer operations. In recent years my Department has utilised several government cloud "Build to Share" services and applications provided by the Office of the Government Chief Information Officer. These include applications common across many Departments such as ePQ, eRisk and eSubmissions. In March 2021 my Department commenced a phased migration of its document management system to the OGCIO developed eDocs record management system, which is hosted on the government cloud. This migration is expected to be completed by November 2022.
My Department also avails of OGCIO provided government cloud hosting for online application systems and services, including all of the Companies Registration Office's systems. My Department also uses the National Shared Services Office shared services for payroll and HR services.
Where new business systems are being developed within my Department, cloud-based options are considered first, in line with the public service "cloud first" policy. This year a contract was awarded for the development of a new cloud-based case management system for the Labour Court to replace the existing on-premises system. Plans for further business system developments are at an advanced stage, and it is intended that these will also be based on commercial cloud platforms.
The use of cloud storage by agencies under the remit of my Department is a day-to-day operational matter for those agencies and not one in which I have a direct function.
166. Deputy Mairéad Farrell asked the Tánaiste and Minister for Enterprise, Trade and Employment the names of all special advisors working in his Department; the Minister and Junior Minister who each advisor is associated with and their respective salaries, in tabular form; and if he will make a statement on the matter. [51253/22]
Amharc ar fhreagraThe tables below set out the names and gross salary rates, as of 01 October 2022, for the Special Advisers in my Department. The application of new salary rates which are effective from 01 October 2022, and are in accordance with the Public Service Agreement, will be implemented by my Department in due course.
|
Office of the Tánaiste and Minister for Enterprise, Trade & Employment – Leo Varadkar, T.D. |
Gross Salary rate |
|
Sarah O’Neill |
PO Salary scale – €95,301 - €110,811 |
|
Matthew Lynch |
PO Salary scale – €95,301 - €110,811 |
|
Office of the Minister of State for Business, Employment & Retail – Damien English, T.D. |
Gross Salary rate |
|
Stephen Foley |
AP Salary scale – €73,236 – €85,730 |
167. Deputy Jackie Cahill asked the Tánaiste and Minister for Enterprise, Trade and Employment if a company is entitled to the €1,000 application fee for international work permits in the case of an applicant who was approved for a work permit, but denied a visa to enter the country, and where the company which they were to work for in Ireland paid the €1,000 for the work permit; and if he will make a statement on the matter. [51433/22]
Amharc ar fhreagraThe Employment Permits Section of my Department informs me that in the case where an Employment Permit application is either withdrawn or refused, 90% of the fee paid is refundable. An employment permit is issued when all the qualifying conditions are satisfied.
The current employment permits legislation does not, however, provide for a refund after an employment permit has issued if - such as in this example - for reasons entirely separate from the employment permit process, an immigration permission is refused by the Department of Justice and Equality.
Immigration permissions, including the refusal of visas, are a matter for my colleague, the Minister for Justice and Equality, and any such queries should be directed to that Department.
168. Deputy Michael Lowry asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to extend the remit of eligibility for work permits to bus drivers from third countries given the acute shortage of same within the industry; and if he will make a statement on the matter. [51772/22]
Amharc ar fhreagraIreland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market.
The system is vacancy led and designed to accommodate the arrival of non-EEA nationals to fill skills and labour gaps for the benefit of our economy, in the short to medium term, and is managed through the operation of the Critical Skills and Ineligible Occupations Lists which determine roles that are either in critical short supply or are ineligible for an employment permit.
The Occupations Lists undergo periodic evidence based review and a public/stakeholder consultation. Account is also taken of upskilling and training initiatives and known contextual factors such as the granting of temporary protection to individuals fleeing the conflict in Ukraine that have arrived in Ireland. My Department chairs the Interdepartmental Group to oversee the review process which includes membership drawn from senior officials of key departments including the Department of Transport who have policy responsibility for this sector.
The aim of the Group is to promote an integrated approach to addressing labour and skills shortages being experienced in the economy and is guided by relevant research. This includes assessing proposals received through the public consultation for changes to the Occupations Lists.
The role of Bus Driver is on the Ineligible Occupations List and, as such, an employment permit cannot be granted for this occupation. In order to have an occupation considered for adding to or removing from the Occupations Lists, evidence should be provided demonstrating shortages are due to recruitment difficulties and shortages across the EEA, and not linked to salary or employment terms and conditions. Sectors are also required to engage structurally with the employment service of the Department of Social Protection.
The 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.
169. Deputy Paul Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide a list of the names of each special advisor employed by his Department since 2015, the relevant Minister they worked under and the date that their employment with the Department/Minister ceased where applicable. [51777/22]
Amharc ar fhreagraThe table below provides a list of names of each Special Adviser employed by my Department since 2015, including those whose tenure commenced prior to 2015 but ceased post 2015 and other details requested by the Deputy.
|
Special Advisor |
Commencement Date |
Cessation Date |
Relevant Minister |
|
Conor Quinn |
10/05/2011 |
06/05/2016 |
Mr. Richard Bruton, T.D., Minister for Jobs, Enterprise, and Innovation |
|
Ciaran Conlon |
29/03/2011 |
06/05/2016 |
Mr. Richard Bruton, T.D., Minister for Jobs, Enterprise, and Innovation |
|
Finbarr O’Malley |
29/09/2014 |
07/05/2016 |
Mr. Ged Nash, T.D., Minister of State for Business and Employment |
|
Deirdre Grant |
14/10/2014 |
07/05/2016 |
Mr. Ged Nash, T.D., Minister of State for Business and Employment |
|
Alan Cantwell |
13/05/2016 |
05/11/2016 |
Ms. Mary Mitchell O’Connor, T.D., Minister for Jobs, Enterprise, and Innovation |
|
Jim McGrath |
13/06/2016 |
21/01/2017 |
Ms. Mary Mitchell O’Connor, T.D., Minister for Jobs, Enterprise, and Innovation |
|
Ellen Lynch |
09/01/2017 |
13/06/2017 |
Ms. Mary Mitchell O’Connor, T.D., Minister for Jobs, Enterprise, and Innovation |
|
Roy Dooney |
23/01/2017 |
13/06/2017 |
Ms. Mary Mitchell O’Connor, T.D., Minister for Jobs, Enterprise, and Innovation |
|
Marion Mannion |
14/06/2017 |
29/11/2017 |
Ms. Frances Fitzgerald, T.D., Tánaiste and Minister for Business, Enterprise, and Innovation |
|
Matthew Lynch |
14/06/2017 |
29/11/2017 |
Ms. Frances Fitzgerald, T.D., Tánaiste and Minister for Business, Enterprise, and Innovation |
|
Aoife Sweeney |
04/09/2017 |
29/11/2017 |
Ms. Frances Fitzgerald, T.D., Tánaiste and Minister for Business, Enterprise, and Innovation |
|
Stephen O’Shea |
14/06/2017 |
29/07/2017 |
Ms. Frances Fitzgerald, T.D., Tánaiste and Minister for Business, Enterprise, and Innovation |
|
Lucy Moylan |
30/11/2017 |
27/06/2020 |
Ms. Heather Humphreys, T.D., Minister for Business, Enterprise, and Innovation |
|
Pauric McPhillips |
30/11/2017 |
27/06/2020 |
Ms. Heather Humphreys, T.D., Minister for Business, Enterprise, and Innovation |
|
Sarah O’Neill |
27/07/2020 |
To date |
Mr. Leo Varadkar, T.D., Tánaiste and Minister for Enterprise, Trade, and Employment |
|
Matthew Lynch |
14/09/2020 |
To date |
Mr. Leo Varadkar, T.D., Tánaiste and Minister for Enterprise, Trade, and Employment |
|
Stephen Foley |
29/09/2020 |
To date |
Mr. Damien English, T.D., Minister of State for Business, Employment and Retail |
170. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason that a work permit application for a person (details supplied) was refused; if the application can be reviewed; and if he will make a statement on the matter. [51796/22]
Amharc ar fhreagraThe Employment Permits Section of my Department informs me that, on 26th May 2022, a General Employment Permit application for the person concerned (in the details supplied) was received.
On 28th July 2022 the application was refused. 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 17th August 2022 a request for a review of the refusal decision was received.
Following the submission and consideration of additional information at review stage a decision has been made to award a General Employment Permit to the person concerned and the permit issued on 13th October 2022.
171. Deputy Michael Creed asked the Tánaiste and Minister for Enterprise, Trade and Employment when the review of critical skills shortages in the Irish economy will be initiated with a view to sanctioning new work permit applications from various sectors suffering from skill shortages; if his Department is open to additional work permits in the dairy sector; if so, if he will be conscious of the fact that most of these are required for spring calving herds and need to be in place shortly so as to enable the required visa applications to be submitted and approved; and if he will make a statement on the matter. [51929/22]
Amharc ar fhreagraIreland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market.
The system is designed to accommodate the arrival of non-EEA nationals to fill skills and labour gaps for the benefit of our economy, in the short to medium term, and is managed through the operation of the Critical Skills and Ineligible Occupations Lists which determine roles that are either in critical short supply or are ineligible for an employment permit.
The Occupations Lists undergo periodic review and a public/stakeholder consultation. My Department chairs the Interdepartmental Group to oversee the review process which includes membership drawn from senior officials of key departments including the Department of Agriculture, Food and the Marine who have policy responsibility for this sector.
The aim of the Group is to promote an integrated approach to addressing labour and skills shortages being experienced in the economy and is guided by relevant research. This includes assessing proposals received through the public consultation for changes to the Occupations Lists.
Changes to the employment permit occupations lists are made where there are no suitable Irish/EEA nationals available, development opportunities are not undermined, a genuine skills shortage exists, rather than a recruitment or retention problem, and Government education, training and economic development policies are supported.
In October 2021, in light of the continued labour shortages in the agriculture and agri-food sector, I announced a new quota of 100 General Employment Permits for dairy farm assistants subject to a minimum annual remuneration of €30,000. In addition, I also released a further 1,000 General Employment Permits for horticulture operatives, 500 for meat deboners, and 1,500 for meat processing operatives.
All Agriculture quotas were opened with a proviso that a strategic review on labour attraction and retention in the sector is carried out in order to put in place more sustainable solutions for meeting the labour needs of the sector into the future.
Policy responsibility for agriculture and the related food industry is a matter for my colleague, the Minister for Agriculture, Food and the Marine.
Following the implementation of an internal plan of action which increased resources and implemented more efficient methods of processing applications, the Employment Permits Unit of the Department has reduced the number of applications awaiting processing from about 11,000 in January 2022 to about 1,942 today, despite further strong demand in 2022. Processing times have fallen from 21 weeks to 2-4 weeks depending on the permit type. The Department plans to reduce these times even further across all permit types assuming demand remains at current levels.
The 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.
172. Deputy Violet-Anne Wynne asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason that the ineligible list of occupations for employment permits precludes the 3,231 persons denoted as youth and community workers from receiving employment permits; and if he will make a statement on the matter. [52060/22]
Amharc ar fhreagraIreland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market.
The system is designed to accommodate the arrival of non-EEA nationals to fill skills and labour gaps for the benefit of our economy, in the short to medium term, and is managed through the operation of the Critical Skills and Ineligible Occupations Lists which determine roles that are either in critical short supply or are ineligible for an employment permit.
The occupation of Youth and Community Worker is currently on the Ineligible Occupations List and therefore an employment permit cannot be granted for this role. Changes to the employment permit occupations lists are made where no suitable Irish/EEA nationals are available and the skills shortage is a genuine one - rather than a recruitment or retention problem, where development opportunities would not be undermined and where Government education, training and economic development policies are supported.
The Occupations Lists undergo periodic review and a public/stakeholder consultation. Submissions seeking changes to the lists will be invited from sector representative bodies and interested parties via the Public Consultation Form when the next Review of the Occupational Lists commences.
My Department chairs the Economic Migration Interdepartmental Group to oversee the review process which includes membership drawn from senior officials of key policy departments including the Department of Children, Equality, Disability, Integration and Youth who have policy responsibility for this sector. The aim of the Group is to promote an integrated approach to addressing labour and skills shortages being experienced in the economy. This includes assessing proposals received through the public consultation for changes to the Occupations Lists.
173. Deputy Michael Creed asked the Minister for the Environment, Climate and Communications if he will outline the way that the waiver system for domestic refuse charges operates; and if he will make a statement on the matter. [51227/22]
Amharc ar fhreagraThere is no national waiver scheme for household waste collection. The waste management market in Ireland is now serviced by private companies, where prices charged are matters between those companies and their customers, subject to compliance with all applicable environmental and other relevant legislation, including contract and consumer legislation.
