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Wednesday, 14 Dec 2022

Written Answers Nos. 15-25

Work Permits

Ceisteanna (15)

Michael Healy-Rae

Ceist:

15. 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. [62410/22]

Amharc ar fhreagra

Freagraí scríofa

The Employment Permits Section of my Department informs me that on the 6th of December 2022 a Renewal General Employment Permit application was received for the person concerned in the details supplied. The Employment Permits Section are currently processing standard renewal employment permit applications received on 30th November 2022.

It is important to note that once a renewal application has been submitted within the period prescribed, the non-EEA National can continue to work while the application is awaiting processing.

My Department has published details of processing times on its website. In addition, applicants can enquire about the status of a particular Employment Permit Application vis the status form on the Department’s website - enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Employment-Permit-Status-Form/.

Departmental Strategies

Ceisteanna (16, 17)

Louise O'Reilly

Ceist:

16. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Enterprise Digital Advisory Board to be established to support enterprise adoption of artificial intelligence will oversee the rights of workers and customers which are being developed within the European Union, in particular, in the Artificial Intelligence Act and the proposed Platform Workers Directive; if his attention has been drawn to reports that these rights will include the right of a worker or their representatives to have access to algorithms which monitor or allocate work, and for human review of significant decision and human oversight of algorithmic decision making; if the Enterprise Digital Advisory Board will not be responsible for ensuring the protection of these rights, the location that they can be found in the national artificial intelligence strategy; and if he will make a statement on the matter. [62411/22]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

17. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Enterprise Digital Advisory Board to be established to support enterprise adoption of artificial intelligence is not to oversee the rights of workers and customers which are being developed within the European Union, in particular, in the Artificial Intelligence Act and the proposed Platform Workers Directive, if this will mean that the national AI strategy is promoting the adoption of artificial intelligence by enterprise without in any way mitigating against the dangers in these technologies for the rights of consumers and workers. [62412/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 16 and 17 together.

The Enterprise Digital Advisory Forum was established in May 2022 and includes representatives of indigenous and multinational companies, as well as experts in digital technologies and their adoption.

The Forum assists the Government in driving the digitalisation of enterprise across Ireland and in the implementation of the enterprise aspects of National Digital Strategy. It provides an important setting for enterprise to be able to provide feedback to Government on various challenges and opportunities they identify in relation to digitalisation and technology adoption. This information can then be shared across Government using the structures provided for in the National Digital Strategy.

The Forum has no role in relation to the Artificial Intelligence Act or the Platform Workers Directive.

In relation to the AI Act, the proposed Act, which is currently being negotiated at EU level, sets out harmonised rules for the development, placement on the market and use of AI systems in the EU. It takes a risk-based approach where certain particularly harmful AI practices are prohibited as contravening Union values, while specific restrictions and safeguards are proposed in relation to certain high-risk areas. High risk systems include those that pose a risk to the health and safety of an individual or impacts on their fundamental rights. This includes areas of employment, workers management and access to self-employment particularly in the area of recruitment and selection and AI systems used to make decisions on promotion and termination of work-related contractual relationships and to monitor and evaluate performance and behaviour in persons in such relationships.

A clear governance structure is being proposed in the AI Act to ensure that the compliance requirements of the Act are met at Member State level. A notifying authority will be established which will be responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring to ensure such compliance.

It is expected that the AI Act will be adopted in early 2024 and the Notifying Body will be in place 12 months from the enforcement date. My Department is currently considering the most appropriate location of the AI Notifying Body and is consulting with stakeholders on this issue as part of their ongoing consultation on the AI Act.

Regarding the Platform Workers Directive, this Directive it is intended to improve working conditions in Platform work. In doing so, the proposal’s ambition is to ensure that Member States have in place mechanisms whereby a question on the correct employment status of a person can be determined. The proposal is not intending to remove genuinely self-employed persons from the sector. In a more specific way, the proposal also intends to enhance existing GDPR protections for all persons engaged in platform work. The sector is clearly defined and is narrower in scope than the use of digital technologies in business in a more general way. Ireland supports the proposal and has consistently sought for clarity and legal certainty in the way it is drafted. Ireland already has mechanisms for the determination of employment status.

Question No. 17 answered with Question No. 16.

Departmental Strategies

Ceisteanna (18)

Louise O'Reilly

Ceist:

18. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if he has concerns that an overly business-focused national AI strategy will struggle to build trust in new artificial intelligence technologies amongst those who are currently seeing these technologies begin to monitor and manage their work. [62413/22]

Amharc ar fhreagra

Freagraí scríofa

Ireland's National AI Strategy, “AI - Here for Good”, provides a high-level direction to the design, development, deployment and governance of AI in Ireland. It presents an integrated framework to manage the expected beneficial socio-economic opportunities that AI presents.

In developing the Strategy, my Department undertook an extensive engagement process and one of the strongest themes and recommendations that emerged from that process, and which is reflected throughout the Strategy, is a particular focus and attention to the ethical and societal aspects of AI.

Our vision is for Ireland to become a leading country in using AI to the benefit of our citizens, through a people centred and ethical approach to AI adoption and use. The Strategy helps define how Ireland can ensure a responsible and inclusive approach to developing, applying and adopting AI, and how to harness the potential benefits of AI for both businesses and society. While my Department leads on the implementation of the Strategy and is responsible for driving the adoption of enterprise by businesses, this is a whole of Government Strategy and therefore is not solely focussed on enterprise aspects.

Last June, the Expert Group on Future Skills Needs issued its Report entitled "AI Skills: A preliminary assessment of the skills needed for the development, management and regulation of AI". That Report made 10 specific recommendations that are connected to society's wider need for AI skills, not just for the conduct of business. A firm understanding of AI will support the building of trust in AI technologies and better educated consumers of AI.

The Government recognises the need to have meaningful engagement with the public on the development, governance and use of AI. To lead a national conversation on AI in our lives and in society, Dr Patricia Scanlon was appointed as Ireland's first AI Ambassador last May. As part of her role, Dr Scanlon emphasises an ethical approach in the use of AI and in particular in its adoption by enterprise. Dr Scanlon and my Department have developed a programme of engagements which will involve: demystifying AI and promote better understanding of the technology, engaging with existing perceptions of AI, building awareness of the potential benefits of AI, allaying common fears and misunderstandings around AI for example in relation to job losses, misuse of technology and trust, raising awareness of potential developments and opportunities for Ireland in AI, and raising awareness of the protections that are being developed to mitigate the risks of AI including regulation at EU level; standards, and codes of ethics around the use of AI.

In addition, and in order to bring the voices of young people into policy making on AI, my Department, in conjunction with the Department of Children, Equality, Disability, Integration and Youth, convened a National Youth Assembly on AI in October. The recommendations from the National Youth Assembly will inform the future policy direction for AI in Ireland.

My Department has also convened a Working Group to bring together AI experts with representatives of Government Departments to develop Trustworthy AI Principles and Guidelines to help decision makers in the Public Service to make informed decisions on the use and deployment of AI.

EU Data

Ceisteanna (19)

Thomas Pringle

Ceist:

19. Deputy Thomas Pringle asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide details of all fines, including the amounts, that his Department or agencies under the remit of his Department, have paid since the start of the 33rd Dáil term to the European Commission relating to cases for infringements of European Union law or failure to transpose EU law in tabular form; and if he will make a statement on the matter. [62418/22]

Amharc ar fhreagra

Freagraí scríofa

No fines have been incurred by my Department for infringements of EU law or for failure to transpose EU law during the 33rd Dáil term.

Enterprise Support Services

Ceisteanna (20)

Michael Ring

Ceist:

20. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment if a further round of funding (details supplied) will be made available; and if he will make a statement on the matter. [62612/22]

Amharc ar fhreagra

Freagraí scríofa

The Department of Enterprise, Trade & Employment is actively working with the Strategic Banking Corporation of Ireland on new loan schemes.

The Ukraine Credit Guarantee Scheme will release up to €1.2 billion in lending to assist the liquidity needs of SMEs, farmers, fishers and small mid-caps. Increased energy costs are driving increased costs in every area of business operations. Viable businesses need access to cashflow funding to ensure they can continue to operate, pay their employees and pay their suppliers.

The relevant amendments to the Credit Guarantee Act have been enacted this December, with the legal and operational elements being finalised to allow for deployment of the Scheme this winter. To ensure that businesses can avail of loans to meet their liquidity needs this winter, a pre-allocation has been made available to the two pillar banks which is well advanced. This will significantly increase the pace of the deployment of the scheme and the availability of loans in the market.

The new Growth and Sustainability Loan Scheme will make up to €500 million in low-cost investment loans of up to 10 years available to SMEs, including farmers and fishers and small mid-caps, with no collateral required for loans up to €500,000. A minimum of 30% of the lending volume will be targeted towards environmental sustainability. 70% of lending will be for strategic investments with a view to increasing productivity and competitiveness and thus underpinning future business sustainability and growth. It is anticipated that it will be launched in the market in the first half of 2023.

National Standards Authority of Ireland

Ceisteanna (21)

Thomas Gould

Ceist:

21. Deputy Thomas Gould asked the Tánaiste and Minister for Enterprise, Trade and Employment the funding provided to the NSAI in each of the years 2019 to date. [62651/22]

Amharc ar fhreagra

Freagraí scríofa

The table below details the funding provided to the National Standards Authority of Ireland by my Department in each of the years 2019 to date:

SubheadA6 - NSAI

Current Allocation (€,000)

Capital Allocation (€,000)

Total Allocation (€,000)

Year

2019

6,146

500

6,646

2020

6,790

500

7,290

2021

8,323

500

8,823

2022

8,770

500

9,270

Exchequer funds for the Authority for 2023 will be confirmed in the Revised Estimates which will be published shortly.

Aside from funding from the Exchequer, the Authority also funds its operation through the sale of standards and other services.

National Standards Authority of Ireland

Ceisteanna (22, 23)

Thomas Gould

Ceist:

22. Deputy Thomas Gould asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff at the NSAI with responsibility for approval of new building technologies. [62652/22]

Amharc ar fhreagra

Thomas Gould

Ceist:

23. Deputy Thomas Gould asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of meetings he has held with his European counterparts to discuss approval of new building technologies. [62653/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 22 and 23 together.

The National Standards Authority of Ireland (NSAI) has six staff members engaged in this work.

Meetings at ministerial level with EU counterparts on building technologies are within the policy responsibility of my colleague, the Minister for Housing, Local Government and Heritage.

Question No. 23 answered with Question No. 22.

Consumer Protection

Ceisteanna (24)

Thomas Gould

Ceist:

24. Deputy Thomas Gould asked the Tánaiste and Minister for Enterprise, Trade and Employment the support available to customers who had paid into Christmas clubs (details supplied) prior to their closure. [62654/22]

Amharc ar fhreagra

Freagraí scríofa

Media reports indicate the company concerned is arranging to enter the liquidation process.

Where a business has stopped trading, consumer legislation in Ireland will not apply as the company that a person has a customer contract with no longer exists - therefore there is no company to claim from. However, where they have gone into liquidation, they may be able to submit a claim for the value of loss through the liquidator, if any has been appointed.?

Liquidation is a process under the Companies Act 2014 that results in the company ceasing to exist. A company can decide to go into voluntary liquidation, in which case the company arranges voluntarily to enter liquidation. Where a third party (an unpaid creditor) wishes to pursue liquidation of an insolvent company, as its debt is not being addressed, an application must be made to the courts for a decision on whether a liquidator should be appointed to the company.

The liquidator’s job is to realise the assets of the company and to pay the creditors from the proceeds of any assets in the company. Where there are insufficient funds to pay all the creditors, the funds available are distributed to creditors in a particular order of preference.

In a liquidation, a customer who has an outstanding contract or is owed monies, may be deemed an unsecured creditor of the business. This would mean that they rank behind secured creditors, for example, such as Revenue who may be owed tax, employees who may be owed wages, and banks that are owed money.

Throughout the liquidation process creditors can go to court on any question arising in respect of the winding up of a company.

The Competition and Consumer Protection Commission explains what options customers may have in such situations. The information is available at the following link: www.ccpc.ie/consumers/shopping/companies-going-out-of-business/

Social Media

Ceisteanna (25)

Seán Sherlock

Ceist:

25. Deputy Sean Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount spent on social media advertising in 2021 and to date in 2022, in tabular form; and the amount spent per platform. [62802/22]

Amharc ar fhreagra

Freagraí scríofa

Details of expenditure incurred by my Department on social media advertising during 2021 and to date in 2022 are set out in the attached table.

-

-

Amount spent per social media platform

Year

Platforms

Twitter

LinkedIn

Facebook

Instagram

Youtube

Annual Total

2021

TOTALS

20,023.30

15,280.62

15,476.24

13,837.67

0

64,617.83

2022

TOTALS

35,288.37

30,425.05

40,498.32

40,498.32

10,710

157,420.06

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