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Gnáthamharc

Tuesday, 31 Mar 2015

Written Answers Nos. 283-303

Credit Card Interest Rates

Ceisteanna (283)

Pearse Doherty

Ceist:

283. Deputy Pearse Doherty asked the Minister for Finance the number of commercial decisions to increase interest rates on credit cards that have been notified to the Central Bank of Ireland in the past 18 months; and if he will provide the details, including the level of increases in each case. [13419/15]

Amharc ar fhreagra

Freagraí scríofa

The Central Bank has advised me that it does not have a role in interest rate control.  Standard interest rates on credit cards are not subject to Section 149 of the Consumer Credit Act, 1995 and so are not notifiable to the Bank.  These interest rates are not regulated by the Central Bank and as such, a regulated entity may determine the rate it charges its customers in line with applicable terms and conditions and depending on a number of factors, including risk.  Interest rate changes are required to be disclosed to customers.

Consumers should consider shopping around to ensure that they are getting the best available rate.  Cost comparison information is available for consumers on the Competition and Consumer Protection Commission's web-site at the link below:

http://compare.consumerhelp.ie/CreditCard

Credit Card Interest Rates

Ceisteanna (284)

Pearse Doherty

Ceist:

284. Deputy Pearse Doherty asked the Minister for Finance the average interest rate charged by licensed credit card companies. [13420/15]

Amharc ar fhreagra

Freagraí scríofa

I, as Minister for Finance have no role with regard to interest rates charged by licensed credit card companies.

The Central Bank has informed me that they do not publish the information requested by the Deputy. 

However, the Competition and Consumer Protection Commission has available comparison information on credit card interest rate on their website at http://compare.consumerhelp.ie/CreditCard. I would strongly advise all credit card consumers to use this site to determine which card offers best value in their particular circumstances.

Commercial Rates Impact

Ceisteanna (285)

John McGuinness

Ceist:

285. Deputy John McGuinness asked the Minister for Public Expenditure and Reform if the rateable valuations being applied to wind farms have been examined by him to determine the effect the increases will have on existing and proposed wind farms; and if he will make a statement on the matter. [12965/15]

Amharc ar fhreagra

Freagraí scríofa

I am aware that the Valuation Office have, as part of the National Revaluation Programme, completed the revaluation of all commercial properties in Limerick in 2014. Included in that revaluation were a number of wind farms and I understand that the revaluation of these properties will mean that these wind farm operators are facing substantial increases in their rates bills. I am also aware of the concerns expressed by the Irish Wind Energy Association, the Irish Wind Farmers Association and individual wind farm operators.

The Commissioner of Valuation is independent in the exercise of his functions and the Act does not accord me, as Minister, any function in the assignment of value to property for rates purposes. The Valuation Act 2001 provides for a number of avenues of appeal, the first of which is to the Commissioner of Valuation. There is also provision for subsequent appeal to the independent Valuation Tribunal and to the High Court on a point of law. I understand that appeals have been lodged on revalued wind farms in Limerick. The outcome of these appeals has a bearing on the what the ultimate impact of rates has on these and other wind farms and the independent process of valuation and appeal has to be allowed to take its course. I understand that the initial appeal to the Commissioner will be completed in the near future.

The result of the appeal or appeals, and I do not know if there will be any change or not, has to be considered before any conclusion can be drawn  as to whether  legislative change might or might not be an appropriate response to the concerns of wind farm operators.

The Energy Sector is the responsibility of the Minister for Communications, Energy and Natural Resources who is also aware of this issue.      

Tourism Funding

Ceisteanna (286, 295)

Jerry Buttimer

Ceist:

286. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform regarding his Department and agencies-bodies under his remit, the amount of money spent on an annual basis on maintaining, marketing, promoting and staffing tourist and visitor attractions in County Cork [13126/15]

Amharc ar fhreagra

Jerry Buttimer

Ceist:

295. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform the amount of money spent on an annual basis by the Office of Public Works on maintaining, marketing, promoting and staffing tourist and visitor attractions in County Cork. [13125/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 286 and 295 together.

The Office of Public Works is responsible for six Visitor sites in Co. Cork. The expenditure associated with each of these sites in 2013 and 2014 is as follows:

Site

Year

Conservation Works and Maintenance (incl staff costs) €

Utilities and running costs €

Guide costs €

Total

Barryscourt Castle

2014:

2013:

117,850

98,495

11,634

5,178

45,778

43,690

175,262

147,363

Charlesfort

2014:

2013:

317,239

272,176

16,592

17,275

216,964

201,124

550,795

490,575

Desmond Castle

2014:

2013:

18,950

19,302

2,745

4,080

55,386

56,273

77,081

79,655

Garinish Island

2014:

2013:

375,729.22

410,001.93

59,475

62,499

294,519

303,417

729,723

775,917

Doneraile Park

2014:

2013:

387,787.00

371,600.00

#330,435

151,000

No Guide Service

718,222

522,600

Fota House & Gardens

2014:

2013:

207,626

345,032

46,967

52,979

*No OPW Guide Service

254,539

398,012

# Includes exceptional costs of storm damage.

* Presentation and Guide Service is managed separately by the Irish Heritage Trust.

The OPW does not market individual sites directly and all marketing and promotional activity is carried out in respect of the Heritage estate as a whole; marketing expenditure on individual sites is therefore not available.

In total, there are 56 National Monuments in State care in Co. Cork which are managed by the OPW, including the three first named above. Maintenance expenditure in relation to these sites is not identified separately but is included in the overall spend of the OPW's Mallow National Monuments Depot.

Public Sector Staff Sick Leave

Ceisteanna (287)

Shane Ross

Ceist:

287. Deputy Shane Ross asked the Minister for Public Expenditure and Reform if he will consider reversal of SI 124 of 2014 on foot of the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 relating to sick leave arrangements being backdated; if he is aware of the detrimental effects this will have on those battling serious illnesses, including a person (details supplied); and if he will make a statement on the matter. [12847/15]

Amharc ar fhreagra

Freagraí scríofa

The reform of sick leave through the introduction of the scheme referred to in the Deputy's question was undertaken to reduce the unsustainable cost of sick leave in the public service.  It is not the case that the reform measures were 'backdated' as stated in the Deputy's question rather, the access to paid sick leave and the level at which sick leave is paid depends on an individual's previous sick leave record as was also the case for pre-existing schemes.  The removal of this condition, would have a very serious impact on the management of the cost of sick leave across the public service.    

It is, however, important to note that the revised sick leave scheme explicitly provides substantial additional protection to individuals experiencing critical illnesses or serious injury through the Critical Illness Protocol (CIP), which provides the basis for access to extended sick leave. Under the CIP, public servants who suffer from a critical illness or serious physical injury may have access to extended sick leave of 6 months on full pay in a rolling 1 year period, followed by 6 months on half pay subject to a maximum of 12 months' paid sick leave in any 4 year period.

An illness or injury may be classified as critical depending on the severity of the illness or injury which is assessed against specific medical criteria that are set out in the Protocol.  In addition, there is a provision within the Protocol which means that the extended sick pay under CIP can be granted to staff at the discretion of HR Managers, even in circumstances where the strict medical criteria are not met. The granting of extended sick pay under the discretionary provisions is dealt with on a case by case basis and is dependent on all the circumstances of the case.

While it is not possible to determine whether a past illness meets the strict medical criteria set out in the Protocol as it was not assessed under the CIP criteria at the time of the illness, under the scheme HR Managers across the Public Service can use the discretionary provision to award extended sick pay in circumstances that a public servant encompassed by the scheme has had a serious illness or injury in the previous four years. 

Public Sector Staff Recruitment

Ceisteanna (288)

Seán Kenny

Ceist:

288. Deputy Seán Kenny asked the Minister for Public Expenditure and Reform the number of requests his Department received from the Department of Foreign Affairs and Trade in the years 2013 and 2014 for permission to employ additional staff; the job title of staff it sought to employ; the number of requests that were approved, pending or refused in each of those years; and if he will make a statement on the matter. [12934/15]

Amharc ar fhreagra

Freagraí scríofa

The following is a list detailing the sanctions for additional staff conveyed to the Department of Foreign Affairs and Trade in 2013 and 2014.

Table 1 - Additional Posts Sanctioned for Department of Foreign Affairs and Trade 2013 and 2014

-

-

-

-

-

-

Exception Sought

Grade

Exceptions Granted

Sanction Date

-

-

-

-

-

-

-

-

-

-

-

-

2014

-

-

-

Staffing for new Diplomatic Missions

1 Counsellor, 3 First Secretaries, 5 Third Secretaries, 18 local staff

27

10-Feb-14

Staff for Premium Passport Application Service

6 TCOs,1 Acting Up CO to EO for 6 months.

7

11-Mar-14

Sanction for 2 Service Officers for Clonmel House

2 Service Officers

2

01-May-14

Staff for Minister for Foreign Affairs & Trade re Ministerial Appointments for 31st Dáil

2 Special Advisers, 1 Personal Assistant, 1 Personal Secretary,

I Civilian Driver

5

16-Jul-14

Staff for Minister of State, Jimmy Deenihan

1 Personal Assistant, 1 Personal Secretary,

2 Civilian Drivers,

1 TCO

5

23-Jul-14

Staff for Minister of State, Sean Sherlock

1 Personal Assistant, 1 Personal Secretary, 2 Civilian Drivers

4

23-Jul-14

Second Civilian Driver for Minister Flanagan

1 Civilian Driver

1

23-Jul-14

Staff for Minister of State Dara Murphy

1 Personal Assistant, 1 Personal Secretary, 1 Civilian Driver

3

23-Jul-14

Second Civilian Driver for Dara Murphy

1 Civilian Driver

1

28-Jul-14

One Third Secretary to cover exceptional need

1 Third Secretary

1

26-Sep-14

Special Adviser to MOS Dara Murphy

Special Adviser

1

06-Oct-14

Passport Service TCOs for 2015 season

Temporary Clerical Officers

169

26-Nov-14

-

-

-

-

2013

-

-

-

Personal Assistant to Minister of State Paschal Donohoe

Personal Assistant

1

16-Jul-13

Personal Secretary to Minister of State Paschal Donohoe

Personal Secretary

1

16-Jul-13

Civilian Driver for Minister of State Paschal Donohoe

Civilian Driver

1

28-Aug-13

Civilian Driver for Minister of State Paschal Donohoe

Civilian Driver

1

16-Oct-13

163 Temporary Clerical Officers for Passport Office

163 TCO

163

16-Dec-13

Child Abuse Reports

Ceisteanna (289)

Jonathan O'Brien

Ceist:

289. Deputy Jonathan O'Brien asked the Minister for Public Expenditure and Reform if his Department has received a business case from the Child and Family Agency and from the Courts Service of Ireland to cost proposals for full implementation of the Ryan report; and the additional resources that have been requested. [12936/15]

Amharc ar fhreagra

Freagraí scríofa

My Department has not received a business case from the Child and Family Agency or from the Courts Service relating to the full implementation of the Ryan Report. As the Deputy is probably aware, the implementation of the Plan was overseen by a High Level Monitoring Group chaired by the Minister for Children and Youth Affairs.  The fourth and final report of the Monitoring Group has been approved by Government and was laid before the Houses of the Oireachtas on 13th March 2015.

While the Monitoring Committee has now stepped down, the Minister for Children and Youth Affairs has undertaken to provide the Government with updates on the outstanding actions in the implementation plan, until all these are complete. The issue of resources for implementation of the Report is, in the first instant, a matter for the Minister for Children and Youth Affairs or other relevant Ministers. 

Leader's Allowance

Ceisteanna (290, 291, 292, 293)

Patrick O'Donovan

Ceist:

290. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the number of Teachtaí Dála and Seanadóirí who are in receipt of annual funding from the leader allowance fund; the amount paid to each category. [13002/15]

Amharc ar fhreagra

Patrick O'Donovan

Ceist:

291. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the parties in Dáil Éireann and Seanad Éireann who are in receipt of funds under the leader allowance fund; and the conditions and restrictions attached to the drawdown of these funds. [13003/15]

Amharc ar fhreagra

Patrick O'Donovan

Ceist:

292. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform if an Independent Teachtaí Dála was to become a Minister or a Minister of State, would that Teachta Dála continue to qualify for the special payment from the leader allowance fund; and if he will make a statement on the matter. [13004/15]

Amharc ar fhreagra

Patrick O'Donovan

Ceist:

293. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform the level of annual payment to Independent Teachtaí Dála and Independent Seanadóirí under the leader allowance fund; when this was first introduced; the conditions and restrictions on the drawdown of these funds; if these funds are tax free; and if he will make a statement on the matter. [13008/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 290 to 293, inclusive, together.

The Parliamentary Activities Allowance (formerly known as the Party Leader's Allowance) is provided for in the Ministerial and Parliamentary Offices Act, 1938, as amended, most recently by the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act, 2014.

The allowance is paid to the parliamentary leader of a qualifying party in relation to expenses arising from the parliamentary activities, including research, of the party. Payments are made in respect of members of the party elected to Dáil Éireann and members elected/nominated to Seanad Éireann at the last preceding general election or a subsequent bye-election or, in the case of Seanad Éireann, nominated to it after the last preceding general election. The legislation also provides that payments may be made to a member of Dáil or Seanad Éireann who is elected other than as a member of a qualifying party i.e. an Independent member.

The conditions governing entitlement to payment of the allowance are set out in the Act. The primary restriction in the Act on the use of the allowance is that it may not be used in respect of election expenses. The allowance is non-taxable and is paid monthly in arrears into a bank account specified by the beneficiary of the allowance.

Currently, there are 14 qualifying Independent TDs and 12 qualifying Independent Senators in receipt of the allowance, payable at an annual rate of €37,037 for a TD and €21,045 for a Senator. The parties currently in receipt of funding under the allowance are Fine Gael, Labour, Fianna Fáil, Sinn Féin, Socialist Party, People Before Profit and the Anti-Austerity Alliance party. If a person in receipt of the allowance as a qualifying Independent TD became a Minister s/he would continue to qualify for, and receive, payment as an Independent member.

Public Sector Staff Recruitment

Ceisteanna (294)

Jerry Buttimer

Ceist:

294. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform if he will provide an update on the recruitment process for clerical officers to the Civil Service; and if he will make a statement on the matter. [13122/15]

Amharc ar fhreagra

Freagraí scríofa

The Public Appointments Service (PAS) is an independent, statutory body which provides professional recruitment and selection services to the civil and public Service.  PAS advertised a recruitment competition for clerical positions in the civil and public service in June 2014 which attracted over 28,000 applications. This competition was launched in order to create panels of qualified individuals from which departments and public service bodies may draw when filling sanctioned vacancies.

The first stage of the selection process comprised tests and assessments to which candidates were invited to complete online.  Those who reached the qualifying standard were ranked for each of their selected regions.

Candidates who had chosen regions for which vacancies have been notified to PAS and who were placed highest at the first stage are then called to supervised testing. Based on the results of these supervised tests, candidates who reach the qualifying standard and who are placed highest are invited to interview.  Depending on the outcome of this interview and their position on the order of merit candidates may be considered for appointment to a vacancy.

To date clerical panels have been created for Dublin and Limerick/ Tipperary. Other panels in train are for Cork, Donegal, Kerry, Waterford/Wexford and Kildare/Wicklow. Panels for other locations will be created by PAS as and when required by employing Departments and bodies.

The Deputy may wish to note, that to date, more than 600 assignments of clerical officers have been made across the civil and public service.

Question No. 295 answered with Question No. 286.

Public Sector Staff Recruitment

Ceisteanna (296)

Jerry Buttimer

Ceist:

296. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform if he will provide an update on an application for a clerical position in the civil and public services, in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [13196/15]

Amharc ar fhreagra

Freagraí scríofa

The Public Appointments Service is the independent, centralised recruitment agency for the civil and public service. As the Public Appointments Service can only discuss the progress of an application with the individual concerned, I have requested that PAS communicate directly with the candidate in this instance.

Public Procurement Contracts

Ceisteanna (297)

Brian Walsh

Ceist:

297. Deputy Brian Walsh asked the Minister for Public Expenditure and Reform his plans for the implementation of recommendations arising from the recent report on the performance review of the public works contract; and if he will make a statement on the matter. [13337/15]

Amharc ar fhreagra

Freagraí scríofa

The Report on the performance of the Public Works Contract was published on 11 December last year.  It contains 4 interim recommendations and a framework for a medium term strategy to inform engagement between industry stakeholders.  

Engagement with industry stakeholders is underway on the interim recommendations and the three recommendations which amend the conditions of contract will be implemented by the middle of this year.  The recommendation relating to the Most Economically Advantageous Tender (MEAT) award for works contracts will be implemented later this year upon publication of robust criteria and guidance material.

Broader engagement on the procurement of public projects will be ongoing with industry stakeholders throughout 2015.  They will be invited to contribute to a medium-term strategy which will encompass procurement and recent developments in the fields of technology and legislation governing the construction industry.  Key areas such as performance evaluation, risk management and different contracting strategies will also be considered as part of the strategy with recommendations to be put to Government before the end of this year.

A copy of the report is available to download from the construction Procurement Reform website:  http://constructionprocurement.gov.ie/wp-content/uploads/Report-on-the-Review-of-the-Performance-of-the-Public-Works-Contract.pdf

Legislative Measures

Ceisteanna (298)

Terence Flanagan

Ceist:

298. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if legislation is in place to deal with employee-employer disputes regarding issues such as hours of work and pay; and if he will make a statement on the matter. [13091/15]

Amharc ar fhreagra

Freagraí scríofa

There is a comprehensive corpus of employment rights legislation in place providing protection for employees, including legislation governing working time and pay. This includes the National Minimum Wage Act 2000, the Payment of Wages Act 1991, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Protection of Employees (Part-Time Work) Act 2001, the Protection of Employees (Fixed-Term Work) Act 2003 and the Protection of Employees (Temporary Agency Work) Act 2012. These Acts provide for redress mechanisms through the dispute settling institutions of the State, in circumstances where an individual considers that they are not getting their legal entitlements.

In addition, under the Industrial Relations Acts, workers, either individually or collectively, can refer a dispute with their employer regarding terms and conditions of employment, not already governed by statute, to the Labour Relations Commission or the Labour Court, who can assist in the resolution of the dispute.

Public Service Contracts

Ceisteanna (299)

Peadar Tóibín

Ceist:

299. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if zero hour contracts are used in the public sector. [13190/15]

Amharc ar fhreagra

Freagraí scríofa

I am informed by my colleague the Minister for Public Expenditure and Reform that zero hour contracts are not a feature of the Civil Service. While public sector employee contracts would be expected to specify hours of work definitive data is not readily available. In accordance with the Statement of Government priorities, I recently commissioned the University of Limerick (UL) to carry out a study into the prevalence of zero hour and low hour contracts and the impact of such contracts on employees. The appointment of UL follows a competitive tendering process.

The study will have a broad scope, covering both the public and private sectors, with a particular focus on the retail, hospitality, education and health sectors.

The key objectives of the study are:

- To fill the gap in knowledge that currently exists in terms of the hard data and information that is available concerning the prevalence of zero hour and low hour contracts in the Irish economy and the manner of their use.

- To assess the impact of zero hour and low hour contracts on employees.

- To enable the Minister to make any evidence-based policy recommendations to Government considered necessary on foot of the study.

The study will examine how zero and low hour contracts operate in practice and how they impact on employees. It will assess the advantages and disadvantages from the perspective of employer and employee and assess the current employment rights legislation as it applies to employees on such contracts. The study will also consider recent developments in other jurisdictions, including the UK in particular. The study may also identify how the information gap might be addressed in the future.

Unlike the position in the UK, Section 18 of the Organisation of Working Time Act 1997 provides that where employees on zero hour contracts suffer a loss by not being given the hours they were requested to work or be available for work, they can be compensated for 25% of the time or 15 hours, whichever is less. There is no equivalent provision in the UK, where employees on zero hours contracts are only paid for time spent working and if they are not given any hours by their employer they receive no compensation.

A wide range of stakeholders will be canvassed to contribute to the study and I expect the study, which commenced recently, to be completed within six months.

Transatlantic Trade and Investment Partnership

Ceisteanna (300)

Michael Fitzmaurice

Ceist:

300. Deputy Michael Fitzmaurice asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 299 of 3 February 2015 and the reply to the Ceann Comhairle subsequent to this Deputy's appeal under Standing Order 40A, and notwithstanding current or future consultations or negotiations which may or may not be under way, if he will provide the Government's current position with regard to the investor-state dispute settlement mechanism, as currently envisaged in the proposed Transatlantic Trade and Investment Partnership, for the record of Dáil Éireann; and if he will make a statement on the matter. [12676/15]

Amharc ar fhreagra

Freagraí scríofa

At the launch of the study carried out by Copenhagen Economics on the impact of TTIP in Ireland in Dublin Castle last Friday, 27 March, the EU Commissioner for Trade, Cecilia Malmström acknowledged that some people are worried about investment protection and investor-state dispute settlement. The Commissioner indicated that there is, nonetheless, a rationale to investment protection. By lowering the risks of expropriation or discrimination, it gives investors reassurance and therefore encourages them to invest, meaning more growth and jobs. The Commissioner emphasized that the EU wants to reform the investment agreements used in the past, and that the TTIP is a key step in that process. The features of a new investment arbitration system that the Commissioner is currently considering include fully independent arbitrators, a proper appeal system, clear rules to prevent companies from trying to get around domestic legal systems, and an unambiguous statement that governments have the right to make policy in the public interest.

The ideas set out by the Commissioner seem reasonable. The Commission has not yet made any formal proposals, but I am open to considering proposals that can achieve a reasonable and workable arbitration system that address the shortcomings identified in existing Agreements and which have given rise to concern.

Industrial Disputes

Ceisteanna (301, 302, 303)

Terence Flanagan

Ceist:

301. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to a current dispute (details supplied); and if he will make a statement on the matter. [13092/15]

Amharc ar fhreagra

Terence Flanagan

Ceist:

302. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will provide assistance to ensure that an organisation (details supplied) engages with workers through their union; and if he will make a statement on the matter. [13093/15]

Amharc ar fhreagra

Terence Flanagan

Ceist:

303. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation his views on concerns that the majority of workers in an organisation (details supplied) say they are employed on part-time flexible contracts; and if he will make a statement on the matter. [13094/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 301 to 303, inclusive, together.

I understand that the current dispute revolves around a range of issues, including the introduction of banded hours contracts, individual and collective representational rights and a review of the use of temporary contracts. The trade union is seeking to engage with the company on these issues and the matter was referred by the union to the Labour Court under section 20(1) of the Industrial Relations Act, 1969 in October of last year.

The company was not represented at the Labour Court hearing. In this regard, the Court found it regrettable that the company declined to participate in the investigation of the dispute or to put forward its position on the union's claims.

In its recommendation of 14th November 2014, the Court reaffirmed earlier recommendations it had made by noting that the Company and the union were parties to a collective agreement signed in 1996 which provides a procedural framework within which industrial relations disputes and differences arising between the parties can be resolved by negotiation and dialogue. The Court pointed out that the dictates of good industrial relations practice requires parties to honour their collective agreements in both spirit and intent.

I am disappointed that the company decided against attending the Labour Court hearing, contrary to good industrial relations practice in that regard. In my view, the experience and expertise of the Labour Court offers the most appropriate and effective avenue for resolving such issues.

I would urge both parties to avail of the services of the State’s industrial Relations machinery who remain available to assist the parties, if requested. It is my opinion that engagement with the State's industrial relations machinery offers the best way whereby the parties involved in this dispute can hope to resolve their differences.

Neither the Labour Court, nor I, can compel a company to comply with such recommendations. Ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute. However, I would like to see an early and fair settlement to this dispute.

As regards representation rights, Cabinet approval was obtained at the end of 2014 to legislate for an improved framework for workers who are in dispute with their employer regarding their terms and conditions in situations where there are no arrangements with their employer to resolve the matters through collective bargaining.

This legislation will mark the fulfilment of one of the most significant commitments in the Programme for Government which indicated that reform in this area was needed. In developing these proposals Minister Bruton and I have been keen to respect the positions articulated by stakeholders to develop proposals that sustain our voluntary system, but also ensure that workers have confidence that, where there is no collective bargaining, they have an effective system that ensures they can air grievances about remuneration, terms and conditions and have these determined based on those in similar companies and not be victimised for doing so.

I expect this legislation to be published during this Dáil session and enacted as expediently as is possible thereafter.

As regards workers being on part-time or flexible contracts, in accordance with the Statement of Government priorities, I recently commissioned the University of Limerick (UL) to carry out a detailed study into the prevalence of zero hour and low hour contracts and the impact of such contracts on employees. While such contracts can provide flexibility to the benefit of both employees and employers in some situations, without pre-empting the outcomes of the report, if there is a need to legislate to address issues raised, we will do so.

The study will have a broad scope, covering both the public and private sectors, with a particular focus on the retail, hospitality, education and health sectors. The study will examine how zero and low hour contracts operate in practice and how they impact on employees. It will assess the advantages and disadvantages from the perspective of employer and employee and assess the current employment rights legislation as it applies to employees on such contracts. The study will also consider recent developments in other jurisdictions, including the UK in particular. The study may also identify how the information gap might be addressed in the future.

A wide range of stakeholders are being canvassed to contribute, and I expect the study, which commenced recently, to be completed within months.

The Deputy will appreciate that I cannot anticipate the outcome of the study or the Government’s consideration of the study’s findings.

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