Written Answers Nos. 239-253
239. Deputy Pauline Tully asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the current status of the Freedom of Information Act (Amendment) Bill; the timeframe for this bill to move to the next stage; and if he will make a statement on the matter. [34231/23]
View answerA review of the FOI regime has been undertaken and is at an advanced stage of completion.
The review process has been an open and collaborative one, taking in the views of a wide range of stakeholders. It commenced with a scoping process which sought the views of stakeholders across all sectors in setting the direction of the review. Approximately 1,200 responses were received at this stage of the process from individuals, organisations, and public bodies.
In addition, a customer satisfaction survey was undertaken, which sought the views of both requesters and the staff of public bodies involved in processing requests. 1,100 further responses were received in this project.
Based on key themes identified in the previous stages of information gathering, a full public consultation was undertaken, with 60 further responses received. In order to further tease out particular issues, a series of focus group sessions and interviews were carried out with key stakeholder groups.
This process of engagement was accompanied by a review of international approaches to FOI, seeking to identify best practices and innovations globally.
A progress update was issued to stakeholders at the end of 2022, which summarised key findings in the information gathering process to date, and set out in broad terms the matters under consideration.
There are three main strands. Firstly, a more coherent approach to information governance and access. Secondly, supplementing formal FOI requests with less bureaucratic and more direct ways of achieving transparency, including proactive publication of information. Finally, the review addresses various issues and proposals for improving the FOI request process.
The process of preparing the final review report commenced earlier in the year. This has been undertaken in close collaboration with the Office of the Information Commissioner, but also other policy-holders in related areas, such as the National Archives. The report is now nearing completion, and will be finalised with the intention that it is brought to Government for consideration in the third quarter of this year. It is intended that the recommendations arising from the review will inform the preparation of amending legislation.
240. Deputy Carol Nolan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the salary paid to the President for each year from 2012 to date; the details of any amounts waived or returned by him to the Exchequer in those years; and if he will make a statement on the matter. [34249/23]
View answerThe Presidential Establishment (Amendment) Act, 1973 provides that the remuneration for the President will be equal to the remuneration of the Chief Justice increased by 10%. The salary for the President for the years 2012 – 2022 was €325,507. This was increased to €332,017 as of 1 March 2023 in line with the Review of Building Momentum.
With regard to the Deputy’s question on any amounts waived or returned to the Exchequer, section 483 of the Taxes Consolidation Act 1997, provides for a gift on an annual basis to be made to the Minister for Finance to be applied for any purpose for or towards the cost of which public moneys are provided. Gifting of salary is a personal matter for individual taxpayers and gifts are accepted by the Minister for Finance. Tax affairs of individual taxpayers cannot be disclosed due to the obligation to protect taxpayer confidentiality as provided for by section 851A of the Taxes Consolidation Act, 1997. Furthermore, I understand that there are considerations under General Data Protection Regulation (GDPR) in relation to the disclosure of personal data.
In addition, ARTICLE 13 of the Constitution of Ireland states: 8 1° The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.
241. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the cost of increasing the funding for the Green For Micro Programme by 10%, 20%, and 25% [34326/23]
View answerThe Local Enterprise Office Green for Micro programme is a free programme that assists micro enterprises by providing access to two days of intensive mentoring including a sustainability audit and action plan.
This programme will help businesses in preparing for the low carbon, more resource efficient economy of the future, helping them to take the first step towards becoming more sustainable.
Funding allocated under the Department's A8 subhead includes a capital allocation for LEO financial grant assistance and also for management training and development, mentoring, consultancy and entrepreneurship education programmes, including the Green for Micro programme. The funding is subsequently allocated to each of the 31 LEOs based on their Local Authority banding.
Enterprise Ireland and the LEOs agree the distribution of the budget across each of the different programmes based on previous and projected demand. At the end of each year the LEOs report their total outturn under each measure and in 2022 the LEO network provided €495k for the Green for Micro Programme.
The table below indicates the estimated increased budget for the Lean Programme, based on 2022 outturn:
|
€ |
10% |
20% |
25% |
|
|
2022 Green for Micro expenditure |
495k |
544.6k |
594.1k |
618.9k |
242. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the cost of increasing the funding for the Green Start Programme by 10%, 20%, and 25%. [34327/23]
View answerThe Green Start Programme is currently a component offer of the Green Transition Fund (GTF). The GTF is funded through the EU's National Recovery and Resilience Plan (NRRP) on a multi-annual basis . A total funding requirement of €55 million has been allocated through 2022 – 2026 under my Department's estimates and in accordance with the National Development Plan.
From the commencement of the GTF in June 2022, up to 30 June 2023, there have been €395,000 in approvals for the Green Start component. The amount of approvals is based on client interest in the programme and can increase or decrease based on this interest.
To increase those approvals figure by 10%, 20%, and 25% hypothetically would cost an extra €39,500, €79,000 and €98,750 respectively.
243. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the cost of increasing the Innovation Voucher Scheme to €10,000. [34328/23]
View answer244. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the cost of increasing funding for the innovation voucher scheme by 50%. [34329/23]
View answerI propose to take Questions Nos. 243 and 244 together.
The Innovation Voucher Programme is funded by my Department, through Enterprise Ireland.
The Innovation Voucher Programme provides €5,000 vouchers to encourage companies and public knowledge providers to work together on specific innovation questions and projects related to a company’s needs. The nature of these projects will be such that they transfer knowledge that is new, thereby enabling a company to use this newly acquired knowledge to innovate a product, production process or service.
The Innovation Voucher Programme budget outturn for 2022 was €1,898,526 which comes from capital expenditure. Based on the 2022 outturn data, a doubling of the value of innovation vouchers to €10,000 could increase the expenditure in the region of €3,797,052. It should be noted that this is very much a basic estimation as it cannot account for companies applying for potentially fewer vouchers of €10,000 rather than multiple vouchers of €5,000.
It should also be noted that the data on innovation vouchers is collated on the basis of when the voucher was redeemed, rather than the date of issue. Therefore, doubling or increasing the budget for innovation vouchers will only have impact if the companies have projects to this value and will only be counted on redemption of the vouchers. The vouchers are not cash grants, but are redeemed with a Research Performing Organisation, such as a Technological University, by the company for a specific project.
If the overall funding for the voucher was increased by 50%; based on the figure of €1,898,526 for the budget outturn in 2022, the cost of the increase would be €949,263, giving a total cost for the programme of €2,847,789.
245. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the number of meetings his Department, including the current and previous Minister, Ministers of State, and Department officials, have had with food delivery platform companies (details supplied) in the past 24 months; the reason for these meetings; and if he will make a statement on the matter. [33429/23]
View answerOver the past 24 months, a number of meetings as set out below, have been held on the Platform Workers Directive.
• The then Minister of State Damien English met with officials from Deliveroo in October 2021 – in relation to enhanced benefits for their delivery riders.
• The then Tánaiste Leo Varadkar met with officials from Deliveroo in November 2021 – in relation to enhanced benefits for their delivery riders.
• Department officials met with Bolt in April 2022 - to hear their concerns with the draft Directive.
• Department Officials met with Deliveroo in April 2022 - to hear their concerns about the text in the draft Directive .
• A Department official had an online meeting with Deliveroo in June 2022- to discuss the draft Directive.
• The then Minister of State Damien English and officials met Bolt, Buymie, Gigable and Deliveroo on 6 July 2022 - to discuss the draft Directive.
246. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the number of meetings his Department, including the current and previous Minister, Ministers of State, and Department officials, has had with trade unions regarding the EU Platform Workers Directive. [33430/23]
View answerA meeting took place on 9th March 2021 between the then Tánaiste Leo Varadkar and Department officials with trade union officials from SIPTU. This meeting was regarding the general working conditions of delivery drivers not specifically regarding the EU Platform Workers Directive.
A further meeting took place between the then Tánaiste Leo Varadkar and Department officials and trade union officials from ICTU on 24th March 2021. Again, this meeting was regarding general working conditions of 'gig' economy workers rather than the EU Platform Workers Directive.
Informal updates on the Directive have been provided at Labour Employer Economic Forum Sub-Group Meetings which comprises trade union representatives.
247. Deputy Peadar Tóibín asked the Minister for Enterprise, Trade and Employment if he will intervene in the ongoing dispute between workers (details supplied); and if he will end the practice of State contracts being given to companies which refuse to recognise trade union membership. [33458/23]
View answerAt the outset, I must emphasise I, as Minister, cannot intervene in industrial relations disputes.
Ireland’s system of Industrial Relations is based on voluntarism and while the right of workers to form associations and join a trade union is enshrined in Article 40 of the Irish Constitution, there is no obligation on employers to recognise any trade union for the purposes of collective bargaining.
I would urge the parties in dispute to come together in an effort to resolve their issues. The State provides the industrial relations dispute settlement mechanisms i.e. the WRC and the Labour Court to support parties in their efforts to resolve their differences. The WRC and the Labour Court are independent statutory bodies.
248. Deputy Colm Burke asked the Minister for Enterprise, Trade and Employment if his Department would consider reintroducing the statutory redundancy rebate; and if he will make a statement on the matter. [33564/23]
View answerBy law, It is the employer’s responsibility to pay statutory redundancy to eligible workers. Up to 2011, the Redundancy Payments Scheme provided a rebate of 60% to employers who made statutory redundancy payments to their employees. The Government first reduced, then abolished, the rebate in Budgets 2012 and 2013 for a number of reasons.
The rebate was paid to employers regardless of a company’s financial situation and ability to pay or ongoing commitment to the Irish economy, thus benefitting viable and profitable companies, including multinational companies. Some employers were incorporating the value of the rebate in business cases to relocate outside of Ireland. The rebate also incurred a high cost to the Social Insurance Fund. At the time the rebate was ceased it was not deemed a targeted use of State resources. Furthermore, the rebate scheme was out of line with other EU member states as other countries had already closed their rebate schemes some years previously.
In contrast, the Redundancy Payments Scheme as it now operates is a much more targeted use of State fiscal resources.
If an employer cannot make statutory redundancy payments to eligible employees due to financial difficulties or insolvency, the State provides a safety net for both employers and employees and may make the statutory redundancy payment from the Social Insurance Fund (SIF) on behalf of the employer.
When such a redundancy payment is paid from the SIF, a debt is raised against the employer by the Department of Social Protection, which operates the scheme on behalf of my Department. In order to support employers, a flexible and discretionary approach is taken to recovery of the redundancy debt by engaging with employers to mutually agree a repayment plan. No interest or penalties are applied on the amounts owed and the debt can be repaid over a number of years in order to minimise financial hardship.
The Scheme considers both an employer’s ability to pay and that the Social Insurance Fund can be reimbursed in the future through debt repayment if an employer’s financial position improves.
Therefore, there are no plans for the reintroduction of the rebate scheme.
249. Deputy Violet-Anne Wynne asked the Minister for Enterprise, Trade and Employment to provide the names and contact information of all special advisers to Ministers and Ministers of State within his Department; and if he will make a statement on the matter. [33580/23]
View answerThere are currently three Special Advisers serving in my Department.
Office of the Minister for Enterprise, Trade and Employment, Mr. Simon Coveney, T.D.
Mr. Chris Donoghue and Ms. Laura McGonigle have been appointed as Special Advisors to me. My Office will contact the Deputy directly with contact details. They can also be contacted by telephone at the Department of Enterprise, Trade and Employment on 01 631 2121
Office of the Minister of State for Employment Affairs and Retail Business at the Department of Enterprise, Trade and Employment, Mr. Neale Richmond, T.D.
Ms. Fiona Campbell has been appointed as a Special Advisor to my colleague Neale Richmond. My Office will contact the Deputy directly with contact details. She can also be contacted by telephone at the Department of Enterprise, Trade and Employment on 01 631 2121.
250. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment with regard to discrimination cases brought to the Workplace Relations Commission and/or Labour Court under the Equal Status Act, if he can confirm what training the officers of the courts have in relation to understanding how discrimination affects the victim. [33613/23]
View answerThe Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function, and I have no direct involvement in its day-to-day operations. However, I am informed of the following.
Disability discrimination cases typically come before an Adjudication Officer under the Employment Equality Acts 1998-2015, which prohibit discrimination in the workplace and in employment-related areas, and the Equal Status Act 2000-2018, which prohibit discrimination in the provision of goods and services.
Adjudication Officers hold various educational and professional qualifications and come from a variety of professional backgrounds. All Adjudication Officers appointed receive professional training in adjudication and related matters.
The WRC’s Legal unit keeps Adjudication Officers informed of relevant legal and legislative developments. Continuous professional development meetings are held on a regular basis and have included contributions from professionals working in the equality sector and from specialist equality bodies and disability rights organisations. Indeed, the next scheduled training day has a specific focus on equality matters. The WRC maintains a legal library and Adjudication Officers have access to this legal library and to the legal database on www.westlaw.ie
The WRC complies fully with its obligations under the Disability Act 2005 and Irish Human Rights and Equality Commission Act 2014 in relation to the provision of its services and ensuring accessibility for persons with disabilities; equality is promoted and access for persons with disabilities is provided wherever practicable. The WRC has a nominated Access Officer to facilitate access requests and who can arrange particular assistance for persons with disabilities.
Adjudication Officers are experienced in adapting and making accessible hearings for persons with disabilities and according to a party’s needs, wherever practicable and appropriate. The Equal Treatment Bench Book, published by the Judicial College in the UK, is a highly regarded reference resource aimed at increasing awareness and understanding of the different circumstances of people appearing in courts and tribunals. It is promoted for use by the WRC to Adjudication Officers and is the subject of internal training and information updates for Adjudication Officers as it is a constantly updated and amended document providing information, guidance and assistance for ensuring fairness and equality in legal proceedings. The Bench Book includes chapters on physical disability, mental disability and capacity which contain practical suggestions and guidance for increased participation, reasonable adjustment and effective communication, including communicating with persons who have a mental disability.
251. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment with regard to discrimination cases brought to the Workplace Relations Commission and/or Labour Court under the Equal Status Act, if he will outline the reason there is no mechanism in place to ensure that all hearings under the Equality Acts are fully transparent to guarantee a fair outcome. [33617/23]
View answerAny allegation that adjudication officers are not adhering to the fundamental principles of natural and Constitutional Justice is a matter for the High Court.
Adjudications hearings are, in the main, public and written decisions issue in each case. Parties are entitled to a de novo hearing on Appeal.
Adjudication officers are independent in the performance of their functions.
252. Deputy Ivana Bacik asked the Minister for Enterprise, Trade and Employment if he will report on his engagement with a company (details supplied), specifically on representations made in respect of the need for an adequate severance package for workers and on the need for a voluntary first approach to redundancies. [33634/23]
View answerIn March of this year, Meta's CEO outlined a global restructuring and downsizing indicating that the company would reduce the size of its recruiting team in March and would then announce restructurings and layoffs in its tech groups in late April and business groups in late May. This equated to 10,000 job cuts globally and Meta said it will close around 5,000 "open" roles that had not yet been filled.
Where companies are reducing headcount through redundancies, IDA Ireland works with its client companies to understand the skills profile of impacted staff, and to share relevant profiles with companies that may be hiring.
IDA is in regular contact with Meta in Ireland and in the US, and will continue to keep in close contact with Meta’s Irish management to offer support. IDA has shared details on IDA Transformation supports for upskilling and reskilling with the company.
The Protection of Employment Act 1977 imposes certain legal obligations on employers proposing collective redundancies. These obligations include engaging in an information and consultation process of at least 30 days with employees’ representatives. The consultation with employees’ representatives should include the possibility of avoiding the proposed redundancies, reducing the number of employees effected or mitigating their consequences.
Eligible employees are entitled to a minimum statutory redundancy payment provided for in the Redundancy Payments Act 1967, which employers are obliged to pay by law. However, negotiations on enhanced redundancy packages, which are over and above the statutory entitlement, are entirely a voluntary matter between employers and workers. Similarly, decisions on voluntary redundancy packages are for companies themselves to determine.
Ireland has a robust framework of legislative protections and supports for workers who are impacted by redundancy. The State provides a very advanced industrial relations framework, which includes the services of the Workplace Relations Commission (WRC) and the Labour Court to support parties in their efforts to resolve any differences. The WRC and Labour Court are wholly independent in the exercising of their functions.
253. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment if working permits will be extended to the profession of monumental stone sculptors; and if he will make a statement on the matter. [33637/23]
View answerIreland’s employment permits system is managed through the operation of two occupations lists. The Critical Skills Occupations List prioritises specified in-demand professional roles, and the Ineligible Occupations List identifies occupations for which a labour supply should be available in the Irish/EEA labour market and as such are ineligible for consideration for an employment permit.
The roles of Sculptor (Artist: Standard Occupational Classification code 3411) and Monumental Mason (Bricklayers and Masons: Standard Occupational Classification code 5312) are both eligible for employment permits subject to a Labour Market Needs Test.
In order to maintain the relevance of the occupations lists, and to ensure that the system is aligned with current labour market intelligence, the lists are subject to periodic evidence-based reviews involving a public/stakeholder consultation. An occupation may be considered for inclusion on the Critical Skills Occupations List where evidence supports that no suitable Irish/EEA nationals are available to undertake the work; development opportunities are not undermined; genuine skills shortages exist; and recruitment or retention issues are affected by factors beyond salary and/or employment conditions.
I wish to advise the Deputy that I launched the Public Consultation to review the occupations lists on the 26th of June. The consultation will remain open for a period of 8 weeks. I would strongly encourage submissions from sector representatives and interested stakeholders. The submission form for the Public Consultation is accessible on the Department’s website at the following address: Public consultation on the review of the occupations lists for employment permits - DETE (enterprise.gov.ie). The Consultation remains open until August 18th 2023.
