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Tuesday, 20 Jun 2023

Written Answers Nos. 277-291

Departmental Reviews

Questions (277)

Alan Dillon

Question:

277. Deputy Alan Dillon asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he can provide clarification on the role and focus of the independent review panel for senior public service recruitment and pay processes; if he can confirm what the terms of reference primarily pertain to in this process, including remuneration and recruitment; when the findings and recommendations from this panel are expected to be presented to the Cabinet for consideration; and if he will make a statement on the matter. [29487/23]

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Written answers

The Independent Review Panel was established following a Government decision on 31 March last year. It was tasked to evaluate and make recommendations to strengthen the current pay determination and recruitment processes for Senior Public Servant posts. The Panel was chaired by Dr. Donal de Buitléir, with Ms. Jenny Smyth and Mr. Bryan Andrews members of the Panel. The full terms of reference for the Independent Review Panel setting out the issues to be reviewed are available at:

gov.ie - Terms of Reference of the Independent Review Panel established to review Senior Public Service recruitment and pay processes (www.gov.ie)

I have received the final Report of the Independent Review Panel on Senior Public Service Recruitment and Pay Processes and intend to bring the report to Cabinet for consideration in the coming weeks.

Office of Public Works

Questions (278, 279, 280)

Réada Cronin

Question:

278. Deputy Réada Cronin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he is satisfied that the proposed development of the lands immediately surrounding Castletown House will not impact negatively on the structure and its historical, aesthetic, architectural and cultural integrity; if he will publish the expert basis for that satisfaction; and if he will make a statement on the matter. [29679/23]

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Réada Cronin

Question:

279. Deputy Réada Cronin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the reason the State did not purchase the lands adjoining Castletown House; if the purchase was ever a consideration; if so, the reason it was not concluded by and for the State; if he will publish the reasons for same; and if he will make a statement on the matter. [29680/23]

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Réada Cronin

Question:

280. Deputy Réada Cronin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if the State has conducted an environmental and wildlife assessment of development of the lands adjoining Castletown House; if so, if he will publish the results of same; and if he will make a statement on the matter. [29681/23]

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Written answers

I propose to take Questions Nos. 278 to 280, inclusive, together.

Castletown House is an eighteenth-century neo-Palladian country house built within an extensive estate. Numbers using the estate have increased greatly since the OPW took over the estate and now stand at over one million visitors to the estate each year.

In 1994, the Office of Public Works took responsibility for Castletown House and estate. Initially, this was only 13 acres of land with the house. It has long been the policy of the OPW to seek to reunite the historic Castletown estate. In 1997, one hundred acres south of the house was acquired. The farmyard adjacent to the house was acquired in 2001. In 2006, lands associated with the Batty Lodge were acquired with former Coillte lands to the north and east of the House acquired in 2007. Since 2008, the OPW has reassembled 227 acres of the original 580 acres of land which formed the historic demesne.

Much of the original demesne lands acquired over the years were in poor condition. The OPW has worked to open up the lands and to restore many of the landscape features, particularly the historic network of pathways across the estate and the vista towards Connolly's Folly. Work is ongoing on the opening up to the public of the Crodaun Woods.

The restoration of the historic pathways began in 2007. There has also been a concerted effort to manage the Estate for biodiversity. The landscape by the Office of Public works are an exemplar site for the All Ireland Pollinator Plan with some grasslands of Annex 1 quality under the EU Habitats Directive. Extensive pollinator surveys have been conducted which have identified a large number of bumblebee, butterfly, hoverfly, and solitary bee species. Other studies have recorded a high diversity of tree, bird, and other invertebrate species. The landscape is of high value to grassland plants regionally due to the increasingly urban nature of the surrounding landscape.

In 2007, the Office of Public Works worked with the owner of the adjacent lands to develop an entrance and carpark from the M4 slipway. This removed traffic from the environs of the house. The land encompassing the new access and car park were retained in private ownership and were used under licence, by the OPW, from the landowner, Janus Securities.

As part of the policy to seek to reunite the historic Castletown demesne lands with the house and lands in the care of the State, the OPW has sought on several occasions to purchase the lands from Janus Securities including when the lands were offered for sale on the open market in 2022. However, despite the very best efforts of the OPW, the State was out-bid in the open market process and ultimately, the lands were acquired by a private purchaser.

The OPW has not been provided with any details of the proposed development of these lands. Therefore, it is not possible to assess any potential impact, negative or positive, on the Castletown House and its historical, aesthetic, architectural and cultural integrity. If there is to be any future proposed development, it will be subject to the full planning processes and local planning regulations. In this context, the owners will have to comply with all of the relevant environmental impact assessment requirements pursuant to the type of development proposed.

While the OPW would be concerned in relation to any potential development on lands adjacent to Castletown House and indeed is concerned with how they continue to be managed in the interim, it does not have any role in overseeing the management of these lands which are in private ownership. As such, the OPW would have no rights or basis on which to conduct any environmental assessment of these lands.

It should be noted that the lands managed by the Office of Public Works remain open for full access to the public.

Question No. 279 answered with Question No. 278.
Question No. 280 answered with Question No. 278.

Work Permits

Questions (281)

Richard Boyd Barrett

Question:

281. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment how a person (details supplied) can receive a permit for employment without immigration status, which is required for their worker's permit, but they cannot gain immigration status (stamp 1) without a worker's permit; and if he will make a statement on the matter. [29142/23]

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Written answers

The Employment Permits Section of my Department informs me that on 13th October 2022 a renewal of a General Employment Permit application was submitted in respect of the person named in the details supplied. On 2nd November 2022 the processing agent contacted both the employer and employee to address the multiple discrepancies within the application. After correspondence from the agent and both parties, the employer requested to withdraw the application and apply again.

A new application was submitted for a Contract for Services Employment Permit on the 20th April 2023 in respect of the person named in the details supplied. On 9th May 2023 the Contract for Services Employment Permit application was refused for the following reasons:

• the person in question was residing in the State without current immigration permission from the Minister for Justice;

• the Labour Market Needs Test (LMNT) was not carried out correctly;

• the annual remuneration for a Contract for Services Employment Permit was not met;

• the position on offer is listed on the Ineligible List of Occupations for Employment Permits.

Applications for employment permits are subject to a range of criteria including the obligation on the non EEA national to maintain up to date immigration permission to remain while in the State. In the time between when the first application was withdrawn and the second application was submitted, the foreign national's Irish Residence Permit (IRP) card expired. My Department has not received evidence that the foreign national engaged with the Department of Justice to regularise their immigration permission, therefore an Employment Permit could not be issued.

My Department and the Department of Justice are currently examining the development of a single application procedure for employment permits and immigration permissions. An Inter-Departmental Group has been established to examine the legal and operational changes required to deliver a more seamless customer experience for users of the employment permits and entry visa systems. It is expected to make recommendations to Government within six months.

Trade Data

Questions (282)

Jennifer Murnane O'Connor

Question:

282. Deputy Jennifer Murnane O'Connor asked the Minister for Enterprise, Trade and Employment the level of trade between Mexico and Ireland in 2022 and Quarter 1, 2023; and if he will make a statement on the matter. [29159/23]

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Written answers

The Central Statistics Office compiles statistical data in relation to Goods Exports and Imports.

According to the CSO, the value of our goods exports to Mexico was €2.2 billion in 2022. Our top goods exports to Mexico in 2022 were soft drink concentrate; chemical materials & products; and stents, pacemakers, digital media, artificial body parts. In Q1 2023 our goods exports to Mexico were valued at almost €647 million which is a 65% increase compared with Q1 2022. The increase is due mainly to an increase in exports of soft drink concentrate, cosmetic and dental preps.

The value of our goods imports from Mexico was €615 million in 2022. Our top goods imports from Mexico in 2022 were miscellaneous plastic, stents, other miscellaneous articles; computers, computer parts & storage devices; and medical devices. In Q1 2023 our goods imports from Mexico were valued at almost €974 million which is a 40% increase compared with Q1 2022. The increase is due mainly to an increase in imports of Organic Chemicals.

The CSO does not yet have data for our services imports from, and services exports to, Mexico for 2022 or Q1 2023. The value of our services exports to Mexico was €1.8 billion in 2021 (latest statistics available). Business services made up one quarter of our total services exports to Mexico in 2021.

The value of our services imports from Mexico was €377 million in 2021 (latest statistics available). Business services made up almost one third of our total services imports from Mexico in 2021.

Work Permits

Questions (283)

Paul McAuliffe

Question:

283. Deputy Paul McAuliffe asked the Minister for Enterprise, Trade and Employment if he will review the work visa application of a person (details supplied). [29228/23]

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Written answers

The Employment Permits Section of the Department informs me that a Critical Skills Employment Permit application submitted in respect of the person concerned (in the details supplied) was refused on 12th April 2023.

Following the receipt of further information in relation to this application, the application will be reviewed. An official from the Employment Permits section will be in touch with the applicant in due course.

Work Permits

Questions (284)

Jackie Cahill

Question:

284. Deputy Jackie Cahill asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 465 of 13 June 2023, when he anticipates the amendment to the Employment Permits Bill 2022 to allow general employment permit and critical skills employment permit holders to transfer employer within the bounds of the original employment permit, after a shorter period of nine months has passed from the start of their first employment, will be enacted into law; and if he will make a statement on the matter. [29280/23]

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Written answers

Approval has been given recently by Government to amend the Employment Permits Bill to allow General Employment Permit and Critical Skills Employment Permit holders to transfer employer after a prescribed period has passed from the start of their first employment in the State. The amendment will allow these permit holders to transfer employer without the requirement to apply for a new employment permit. The initial period prescribed will be nine months.

Currently, a change of employer can only be made by way of a new application for an employment permit after a period of 12 months has elapsed since taking up employment in the State with their first employer.

Report stage for the Employment Permits Bill 2022 is scheduled to take place before the summer recess. The Bill will then begin its legal process through the Seanad in the autumn, with enactment expected towards the end of the year or early next year.

Equal Opportunities Employment

Questions (285)

Seán Canney

Question:

285. Deputy Seán Canney asked the Minister for Enterprise, Trade and Employment for an on access to work for people with a disability in the private and public sector (details supplied). [29412/23]

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Written answers

Increasing employment opportunities for disabled persons involves the tackling of barriers to labour force participation and a whole of Government response.

Government’s approach to supporting employment for people with disabilities is set out in the Comprehensive Employment Strategy for People with Disabilities (2015 – 2024), led by the Department of Children, Equality, Disability, Integration and Youth, and the Make Work Pay Action Plan associated with that strategy. This is a cross-government approach that brings together actions by different Departments and State Agencies in a concerted effort to address the barriers and challenges that impact on employment rates of people with disabilities.

In terms of specific employment schemes and programmes, the Department of Social Protection plays the lead role, supporting jobseekers, employees with disabilities, and private sector employers seeking to hire or retain a person with a disability.

My Department is represented on the Steering Group for the Comprehensive Employment Strategy for People with Disabilities 2015-2024. Officials from my Department also sat on the steering group for the National Disability Inclusion Strategy 2017-2021 and are currently engaged with DCEDIY on a successor to that strategy.

Recruitment to the Public Service is centralised with the Public Appointments Service (PAS) who play a key role in attracting candidates from all sectors of society, ensuring that routes to career opportunities are accessible to all who are interested. They are committed to equality of opportunity for all candidates.

A candidate with a disability or in need of reasonable accommodations are strongly encouraged to share this with PAS so they can ensure people get the support needed.

My Department, as a public service employer, has a legal obligation under the Disability Act 2005 to, insofar as practicable, take all reasonable measures to promote and support the employment of people with disabilities. In line with the Government commitment to increase the percentage of employing people with a disability in the public sector to 6% by 2024, the Department has reached a level of 7%. My Department has in place a dedicated Disability Liaison Officer who acts as a proactive contact for staff with disabilities, to assist and support them, and to assist in the implementation of best Human Resource practices in line with equality legislation. My Department is also participating in the Willing Able Mentoring (WAM) and the Oireachtas Work Learning (OWL) programmes.

More generally, the Employment Equality Acts 1998-2015 come under the responsibility of my Department. The Acts place obligations on employers to take reasonable steps to accommodate the needs of employees and job applicants with disabilities. Denial of reasonable accommodation under the Acts can be a cause for action and may amount to discrimination on disability grounds. The Workplace Relations Commissions (WRC) deals with all complaints of discrimination, not limited to workplace complaints, made under the Equality Acts.

In addition, my Department has brought forward important enhancements to workers’ rights. The Sick Leave Act 2022 ensures that, for the first time, all qualifying employees will have an entitlement to employer-paid sick leave. This progressive Act commenced on 1st January 2023. Workers will be entitled to up to 3 days medically certified sick leave per year, rising incrementally to 10 by 2026.

Enterprise routes such as self-employment and entrepreneurship are increasingly important employment options for people with disabilities. Last year my Department commissioned the OECD to undertake a report to assess inclusive entrepreneurship training and provide recommendations on how to improve the provision of training interventions to improve their accessibility and impact. My officials are currently completing a process review and will be engaging with the organisations who participated in the OECD workshop to ascertain appropriate contact information of relevant providers regarding inclusive supports to entrepreneurs. In conjunction with the Local Enterprise Offices, a working group is exploring options for the development of a bespoke programme for new entrepreneurs. Promotion of inclusiveness will be a key feature of any new programme.

The agencies under the aegis of my Department have a number of initiatives in place to help encourage employers to employ persons with disabilities:

• Enterprise Ireland is focused on ensuring that their supports for entrepreneurs and enterprise are accessible to all, including people with disabilities. EI have signed a partnership agreement with Open Doors to further develop awareness campaigns and programmes that will utilise success stories of self-employed and entrepreneur role models with a variety of disabilities.

• The Local Enterprise Offices are progressing a new online course Entrepreneurship for People with Disabilities which will begin in September 2023.

• While the remit of IDA Ireland is to attract and retain foreign direct investment, they have launched a Pilot Programme designed to widen the talent pool and attract people from diverse backgrounds to avail of employment opportunities. IDA Ireland is in the third year of its Work Placement Programme with the Open Doors Initiative.

• IDA Ireland will be returning as the headline sponsor for Legacy Dublin ’23. This programme is designed for future leaders to reimagine their community, their workplace and their environments 20 years into the future and they spend 3 days creating solutions that are rooted in inclusion and purpose. IDA will also be sponsoring 20 spaces for persons from underrepresented groups to attend. Last year’s spaces were filled from such organisations as Open Doors Initiative, MASI, Exchange House, Sanctuary Runners, Traveller Graduate Network, NCBI and Youth Reach.

• IDA Ireland promote access to reasonable accommodations during the application/recruitment process, onboarding, new hire induction and training sessions. All requests are handled confidentially on a case-by-case basis. The Reasonable Accommodation Passport, developed between ibec and ICTU, is currently being piloted in the organisation.

State Bodies

Questions (286)

Denis Naughten

Question:

286. Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment if he will outline the implementation of circular 25/2016 by each State body under the aegis of his Department; and if he will provide, in tabular form, by State agency the compliance with each of the standards and timelines set out in responding to Oireachtas Members’ queries; and if he will make a statement on the matter. [29472/23]

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Written answers

Circular 25/2016 has been brought to the attention of all bodies under the aegis of my Department, and each body has a dedicated email address in place for members of the Oireachtas.

The tabular compliance information requested is currently being collated by my Department and will be forwarded directly to the Deputy as soon as it is finalised.

Food Prices

Questions (287)

Holly Cairns

Question:

287. Deputy Holly Cairns asked the Minister for Enterprise, Trade and Employment the steps he has taken to address rising rates of food prices, including his engagement with larger retailers and wholesalers; and if he will make a statement on the matter. [29601/23]

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Written answers

I welcome the slowdown in food price inflation in recent months. Over recent weeks we have seen price cuts to a wide variety of goods from some grocery retailers which should contribute to a further easing of food inflation and help customers at the checkout. Though prices are being cut, in May food prices rose overall by 0.4%. While any price rises are unwelcome, this was the lowest rate of monthly food inflation since January 2022.

It is very important that retailers continue to pass any reductions in input costs onto their customers. This was assured to me by grocery retailers in May.

As Chair of the Retail Forum, I met with the retail and grocery sector in May and factors driving inflation for grocery goods, which is higher than the general rate of inflation, were discussed. At the meeting retailers said that, where reductions in input costs filter through to products, consumers will benefit from this. I am due to meet the sector again on 21 June and will request an update on what progress has been made.

Minister Coveney met with the CCPC on 24 May to discuss the ongoing issue of food prices and the costs incurred by consumers on that front. At the meeting, he discussed a number of areas related to competition in the grocery retail market and the powers of the CCPC with respect to competition law. Following that meeting, Minister Coveney wrote to the CCPC to request that they provide their views on the grocery retail market, including on areas such as the level of profitability in the sector, international practices and sectoral trends of pricing practices. He have requested that the CCPC return to him with their views as a matter of urgency.

At the meeting, he also discussed the establishment of the Department of Agriculture, Food and Marine’s new Agri Food Regulator. The Agricultural and Food Supply Chain Bill 2022 provides for a new office of the Agri Food Regulator with powers in respect of market and price analysis and reporting. The establishment of new Regulator will improve fairness and transparency in the agri-food supply chain.

Flexible Work Practices

Questions (288)

Brian Leddin

Question:

288. Deputy Brian Leddin asked the Minister for Enterprise, Trade and Employment when the Workplace Relations Commission intends to publish the Code of Practice on the ''Right to Request Remote Working"; and if he will make a statement on the matter. [29684/23]

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Written answers

The Work Life Balance and Miscellaneous Provisions Act was enacted on 4 April 2023. Under the Act, all employees will have a right to request remote working.

The legislation contains an obligation on the employer to consider both their needs and the needs of employees when considering a request for remote working arrangements. Employers will also be required to have regard to a Code of Practice when considering such a request from their employees. Work on the development of the Code of Practice is ongoing. The Workplace Relations Commission (WRC) have recently held a public consultation, which was receiving submissions up until 9 June. My intention is that the Code will be published as soon as practicable, following the conclusion of the work of the WRC.

Corporate Governance

Questions (289)

David Stanton

Question:

289. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment to outline the procedures, if any, that he intends to put in place to establish independent assurance services providers in Ireland following the transposition of the Corporate Sustainability Reporting Directive into Irish law; and if he will make a statement on the matter. [29695/23]

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Written answers

My Department initiated a comprehensive consultation process on the Corporate Sustainability Reporting Directive (CSRD) when it entered into force on 5 January 2023. A public consultation launched on 30 January sought the views of stakeholders, in particular, on the discretionary options for Member States contained within the Directive, one of which is to accredit independent assurance service providers. The deadline for receipt of submissions was 9 March 2023.

My Department received 34 detailed, substantial submissions to the public consultation. Officials are analysing the submissions received and continuing engagement with relevant stakeholders in other Departments and Agencies.

I will review the policy choices presented by the options once this analysis is complete, and it is my intention to convene a further stakeholder forum to set out the choices made later this summer. As would be the norm, the Department will also publish the 34 submissions received during the consultation.

Labour Court

Questions (290)

Maurice Quinlivan

Question:

290. Deputy Maurice Quinlivan asked the Minister for Enterprise, Trade and Employment the number of times in each of the years 2014 to 2022, and to date in 2023, that the Labour Court has used its powers under section 41 of the National Minimum Wage Act 2000; and if he will make a statement on the matter. [29711/23]

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Written answers

The Labour Court is an independent statutory office under the aegis of my Department. The Court was first established under the Industrial Relations Act, 1946. Since the enactment of the Workplace Relations Act 2015, the Labour Court holds sole appellate jurisdiction in all disputes arising under employment rights enactments. This sole appellate role is in addition to those functions held by the Court under the Industrial Relations Acts prior to the enactment of the Workplace Relations Act 2015.

Section 41 of the National Minimum Wage Act 2000 provides that the Labour Court may exempt an employer from the obligation to pay an employee the National Minimum Wage in specific circumstances.

The legislation stipulates that before granting such an exemption the Labour Court must be satisfied that the employer’s inability to pay, is to the extent that, if the employer were compelled to pay, the employee would be likely to be laid-off employment with the employer, or the employee's employment would be likely to be terminated.

I understand that the Labour Court, during the period from 2014 to date, has not used its powers under Section 41 of the National Minimum Wage Act 2000 to exempt an employer from the obligation to pay an employee the National Minimum Wage.

EU Directives

Questions (291)

Marian Harkin

Question:

291. Deputy Marian Harkin asked the Minister for Enterprise, Trade and Employment if he will expand the remit of the review which is to be undertaken by the IP unit in his Department on outcomes from the transposition of the Copyright Directive into Irish law, to include Article 17 of the Directive; and if he will make a statement on the matter. [29856/23]

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Written answers

The review, to which the Deputy refers, is in response to a recommendation contained in the Future of Media Commission (FOMC) Report.

The Future of Media Commission (FOMC) was established in late 2020, to undertake a comprehensive examination of Ireland’s broadcast, print and online media, and to consider how media can remain sustainable and resilient in delivering public service aims over the next decade.

The FOMC Report was subsequently published in July 2022 and contained a number of recommendations. Recommendation number 6-9 relates to the Digital Single Market (DSM) Copyright Directive, and it was recommended that the Department of Enterprise, Trade & Employment “implement the copyright directive, assess its effectiveness and take further action if necessary”.

The first FOMC Implementation Strategy and Action Plan was published on 18 January 2023. It was acknowledged that my Department had already fulfilled a significant element of the relevant recommendation as the DSM Copyright Directive (2019/790) was transposed by my Department by way of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, in November 2021 (S.I. No. 567 of 2021).

The Action Plan outlines my Department’s intention that, by the end of Q3 2023, a stakeholder consultation, focusing on Article 15 (rights of press publishers) of the DSM Copyright Directive, will be undertaken. This is in keeping with the subject matter of the FOMC Report and I do not currently have any plans to go beyond the area specified in the FOMC Report in the upcoming review.

The transposed Directive needs sufficient time to be fully implemented, both in Ireland, and across the entire EU before an effective review can be undertaken. In that respect, the European Commission is obliged, pursuant to Article 30 of the Directive, to undertake a full review of the DSM Copyright Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. My Department will fully support and engage with the European Commission in its work on this upcoming review.

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