Written Answers Nos. 268-285
268. Deputy Fergus O'Dowd asked the Minister for Enterprise, Trade and Employment if he will respond to concerns raised in correspondence (details supplied); and if he will make a statement on the matter. [18732/24]
Amharc ar fhreagraThis correspondence refers to the 2021 Private Members Bill on Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) sponsored by a number of Deputies. It is a matter for the Deputies to progress the Bill.
Last April, the then Minister for Enterprise, Trade and Employment, Simon Coveney, met with a group of representatives of Retired Associations in relation to the draft Bill. At this meeting, a number of issues were raised with regard to the statutory protections in place for retired workers who have defined benefit contributory pensions. As the issues raised relate to pensions schemes and the operation of the Pensions Acts, Minister Coveney wrote to the Minister for Social Protection, Minister Humphreys, as the Minister who has the policy responsibility for the Pensions Acts.
If a person is in receipt of an occupational pension, their relationship is with the trustees of the pension fund. They no longer have an employment relationship with their former employer. As the Deputy will be aware, trustees have statutory and fiduciary duties to act in the best interests of all members of a fund.
It is the responsibility of the Office of the Pensions Ombudsman to act in an independent and impartial means of resolving complaints alleging financial loss occasioned by an act of maladministration and disputes of fact or law in relation to occupational pensions schemes and Personal Retirement Savings Accounts.
The Joint Committee on Enterprise Trade and Employment met in public session on the 25 January 2023 to discuss detailed scrutiny of the Bill. Following this meeting, my Department issued a detailed brief to the Committee as requested and no further correspondence has been received by the Committee.
It remains my position that any amendment to the legislation governing the pension rights of retired persons is not an industrial relations issue.
269. Deputy Fergus O'Dowd asked the Minister for Enterprise, Trade and Employment to respond to concerns raised by a local business (details supplied); and if he will make a statement on the matter. [18805/24]
Amharc ar fhreagraThe Government is acutely aware that many businesses in all sectors are facing difficulties due to the cost-of-living crisis.
With that in mind, as part of Budget 2024, the Government signed off on a package of €257 million for the Increased Cost of Business (ICOB) grant as a vital measure for small and medium businesses. Local Authorities, funded through the Department of Enterprise, Trade and Employment, are administering the grant to qualifying businesses on behalf of the Department. Local Authorities have written to all rate paying businesses with details of how to register for the grant and it is a very simple process for businesses to verify their details through an online portal.
The grant has been open for registrations since 14 March. The closing date for registrations for the ICOB grant is 1 May 2024. I urge all eligible businesses to register for this grant as soon as they receive a letter from their Local Authority. The sooner a business registers the sooner their details will be verified and the grant will be paid out. Payments will be made to eligible businesses in the coming weeks.
On March 5th 2024, the Department of Enterprise, Trade and Employment; and the Department of Social Protection published an assessment of the combined impact of proposed measures to improve working conditions in Ireland. Reflecting the findings of this assessment, there are a range of measures being brought forward to assist businesses in adjusting to these increased costs as well as more generally to improve cost competitiveness of firms. These include:
• Preparation of an options paper on the application of the lower (8.8%) rate of Employer PRSI contribution, and the National Training Fund;
• A range of measures to reduce red tape and the administrative burden on business including an enhanced SME test, and;
• Accelerating the roll out of a fully functioning National Enterprise Hub.
I would encourage businesses to contact their Local Enterprise Office (LEO), who acts as a ‘first stop shop’ providing expert advice and guidance, financial assistance, and offer a ‘signposting’ service for all government supports available to business owners throughout the country.
Ultimately, any responsibility for VAT lies with my colleague Mr. Michael McGrath T.D. Minister for Finance. In terms of reverting the VAT rate from 13.5% to 9%, it is important to recognise that VAT reductions, even temporary VAT reductions, do have a cost to the Exchequer. The Department of Finance and Revenue have raised significant administrative and operational concerns attached with applying different VAT rates for different sectors.
In early February, Minister McGrath announced that the interest rate applying to warehoused tax will be reduced to 0%. Revenue will provide businesses with every possible flexibility in managing the payment of their warehoused debt, including the level of down payment and extended payment duration, having regard to the circumstances of each individual business. I would encourage businesses to engage with Revenue at the earliest opportunity to discuss their individual circumstances and agree arrangements to address their liabilities.
In relation to the issue of the Shadow Economy, Revenue has mechanisms in place to tackling such activity. A key component of this, is the reporting of shadow economy activity to relevant State agencies via the Report Form - Shadow Economy (Tax Evasion).
There is also a non-statutory multi-agency group, the Hidden Economy Monitoring Group (HEMG) which provides a forum for participants who are committed to tackling shadow economy activity to exchange views and insights as well as proposing new initiatives and ideas to combat such activity.
270. Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment the total number of copper communication lines within his Department that are currently in active operation and for which his Department is paying for on a monthly basis, inclusive of ISDN, PTSN and copper-based lease lines; and if he will make a statement on the matter. [18834/24]
Amharc ar fhreagraMy Department currently has ten PSTN lines in active operation in four locations. They are used for DSL Broadband connections and emergency phones in lifts. My Department has no ISDN or leased lines.
271. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the way in which the €15 million allocated to his Department under the 2023 EU Brexit Adjustment Fund was spent; and if he will provide headings and sub-headings and amounts associated with same. [18898/24]
Amharc ar fhreagraThe Brexit Adjustment Reserve (BAR) was allocated to a suite of measures implemented by Enterprise Ireland on behalf of the Department.
These supports can be grouped under two broad headings:
1) Supports for enterprises to prepare for Brexit in order to mitigate the possible risk of impact and;
2) Supports aimed at mitigating the impact of Brexit by helping firms to compete, innovate and continue to trade in the post-Brexit environment.
The preparatory measures included supports to enable companies to respond to the threats and opportunities that arose as a result of Brexit related changes to the trading environment (Be Prepared Grants and Evolve Strategic Planning Grants). Training and financial supports were also provided to enable companies to prepare for the change in customs requirements as a result of Brexit (Clear Customs Grants and Ready for Customs Grants).
As part of Budget 2023, €10 million was allocated to Enterprise Ireland to allow for an ‘Open Call’ under its existing suite of schemes to those clients who continue to be appreciably impacted by Brexit. The Capital Investment Initiative, Company Development, R&D Fund, Operational Excellence and Job Expansion projects fell under this ‘Open call’ umbrella in which eligible projects could avail of BAR funding.
The following table sets out expenditure in 2023 which has been identified by Enterprise Ireland as eligible for BAR funding:
|
Eligible BAR Expenditure 2023 |
Payment 2023 € |
|
Research & Development |
124,210.52 |
|
Job Expansion Fund |
63,713 |
|
Operational Excellence |
67,117 |
|
Post Brexit Marketing |
1,737,682.94 |
|
Evolve |
8,545 |
|
Capital Investment Scheme for Agricultural Products* |
13,530,620.80 |
|
Border Enterprise Development Fund |
2,695,956.71 |
|
Marketing costs (campaign for Brexit) |
207,707 |
272. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment if he is aware of an issue impacting upon non-EU citizens working in Ireland whereby they are unable to secure appointments to apply for Schengen area visas; if he has engaged with relevant EU Member State embassies in Ireland or his EU counterparts in this regard; and if he will make a statement on the matter. [19121/24]
Amharc ar fhreagraMy Department has responsibility for economic migration policy and the employment permits system which facilitates non-EEA nationals the opportunity to take up employment in the State for the benefit of the economy.
Visa processes for any individuals seeking to enter Schengen countries are not within the responsibility of my Department. I have been informed by officials in the Department of Foreign Affairs that it is a matter for other Member States as to how they operate their own visa services.
273. Deputy John Paul Phelan asked the Minister for Enterprise, Trade and Employment to list all Acts and Statutory Instruments sponsored by his Department which became law from 20 February 2020 to date in 2024 and which were necessitated, either in whole or in part, to transpose or give effect to regulations, directives or other measures passed at European Union level. [19163/24]
Amharc ar fhreagraThe information requested is currently being collated by my Department and will be forwarded directly to the Deputy as soon as it is finalised.
274. Deputy Fergus O'Dowd asked the Minister for Enterprise, Trade and Employment in a situation where a business in the hospitality trade is paying above the €30 thousand rates criteria to access the ICOB grants, if he will provide details of all other supports that would be available to this business considering the pressures on the sector at present; and if he will make a statement on the matter. [19318/24]
Amharc ar fhreagraThe Government is acutely aware that many businesses in all sectors are facing difficulties due to the cost-of-living crisis.
On March 5th 2024, the Department of Enterprise, Trade and Employment; and the Department of Social Protection published an assessment of the combined impact of proposed measures to improve working conditions in Ireland. Reflecting the findings of this assessment, there are a range of measures being brought forward to assist businesses in adjusting to these increased costs as well as more generally to improve cost competitiveness of firms. These include:
• Making available up to €15 million to Local Enterprise Offices to enable a top up payment of up to €3,000 in the Energy Efficiency Grant for businesses in the hospitality and retail sectors bringing the grant up to €8,000;
• Preparation of an options paper on the application of the lower (8.8%) rate of Employer PRSI contribution, and the National Training Fund;
• A range of measures to reduce red tape and the administrative burden on business including an enhanced SME test, and;
• Accelerating the roll out of a fully functioning National Enterprise Hub.
My Department is committed to supporting SMEs and micros to access loans at affordable rates and favourable terms and conditions, such as the Growth and Sustainability Loan Scheme and Ukraine Credit Guarantee Scheme.
Also, Microfinance Ireland provides vital support to microenterprises by filling the lending gap in the market by lending to business that cannot obtain loans from other commercial lenders.
The Local Enterprise Offices (LEOs), play an extremely important role as part of a supportive ecosystem, providing their services direct to small businesses and promoting entrepreneurship within towns and communities across the country. They act as a ‘first stop shop’ locally providing expert advice and guidance, financial assistance, and offer a ‘signposting’ service for all government supports available to business owners throughout the country.
The LEOs provide a suite of productivity and competitiveness supports to small businesses in the areas of Lean, Green and Digital. These include the Trading Online Voucher, Green for Business, and the Energy Efficiency Grant. The ‘All in a Day’s Work’ national campaign emphasises the benefits of these supports for businesses; namely saving them time, energy and money.
The Climate Toolkit 4 Business allows SMEs get an estimate of their carbon footprint and a personalised plan to reduce it, highlighting the relevant help that is available from Government, through agencies such as Enterprise Ireland, the Local Enterprise Offices and the Sustainable Energy Authority of Ireland.
In early February, my colleague Mr. Michael McGrath T.D. Minister for Finance announced that the interest rate applying to warehoused tax will be reduced to 0%. Revenue will provide businesses with every possible flexibility in managing the payment of their warehoused debt, including the level of down payment and extended payment duration, having regard to the circumstances of each individual business. I would encourage businesses to engage with Revenue at the earliest opportunity to discuss their individual circumstances and agree arrangements to address their liabilities.
275. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if he will provide the amount of grant-aid returned and or surrendered to his Department, by local authority in 2022, 2023 and to date in 2024, to include the heading of which it was intended for. [19358/24]
Amharc ar fhreagraMy Department provides funding through the A8 Subhead to Enterprise Ireland to support the operation of the Local Enterprise Offices (LEOs) based within each of the 31 Local Authorities. However, my Department does not directly fund Local Authorities.
On an annual basis, Enterprise Ireland transfers any balance of unused funds from the A8 Subhead back to my Department. These funds include both capital grants and an element of current funding provided for the administration of the LEOs. The totals returned for 2022 and 2023 are set out below:
|
Type Of Activity |
2022 amount returned € |
2023 amount returned € |
|
LEOs Capital and Current |
56,210 |
17,913 |
Retained Capital and Refundable Aid amounts were returned to my Department in late 2023 and early 2024.
Retained Capital refers to funds retained by the LEOs to meet approvals that were ultimately not drawn down by clients to complete approved projects.
Refundable Aid refers to the portion of LEO Measure 1 priming and business expansion grants which were due to be repaid by the beneficiary.
The amounts returned by each Local Authority are set out in the table below:
Grant Aid Returned by Local Authorities in 2023.
|
Local Authority |
Retained Capital Returned € |
Refundable Aid Returned € |
Total Returned € |
|
Carlow |
119,985.98 |
357,380.00 |
477,365.98 |
|
Cavan |
130,896.00 |
318,158.00 |
449,054.00 |
|
Clare |
90,675.00 |
290,695.00 |
381,370.00 |
|
Cork City |
303,822.64 |
266,051.00 |
569,873.64 |
|
Cork South |
690,869.62 |
151,468.00 |
842,337.62 |
|
Cork W / N |
185,863.96 |
287,510.95 |
473,374.91 |
|
Donegal |
132,531.90 |
175,763.13 |
308,295.03 |
|
Dublin City |
196,644.20 |
722,599.26 |
919,243.46 |
|
Dublin Fingal |
110,571.00 |
584,833.00 |
695,404.00 |
|
Galway |
260,522.21 |
453,033.20 |
713,555.41 |
|
Kerry |
285,069.00 |
213,654.00 |
498,723.00 |
|
Kildare |
310,040.00 |
343,573.00 |
653,613.00 |
|
Kilkenny |
0 |
255,675.00 |
255,675.00 |
|
Laois |
85,434.00 |
225,312.00 |
310,746.00 |
|
Leitrim |
398,344.43 |
227,327.50 |
625,671.93 |
|
Limerick |
297,227.49 |
178,377.50 |
475,604.99 |
|
Longford |
484,572.00 |
274,576.00 |
759,148.00 |
|
Louth |
138,342.33 |
195,811.60 |
334,153.93 |
|
Meath |
313,077.50 |
194,283.12 |
507,360.62 |
|
Monaghan |
150,432.16 |
245,987.03 |
396,419.19 |
|
Offaly |
114,790.13 |
418,959.60 |
533,749.73 |
|
Roscommon |
80,674.42 |
137,263.61 |
217,938.03 |
|
Sligo |
38,167.00 |
240,346.49 |
278,513.49 |
|
Tipperary |
136,704.34 |
411,851.00 |
548,555.34 |
|
Waterford |
223,515.00 |
332,933.71 |
556,448.71 |
|
Westmeath |
428,836.19 |
71,767.83 |
500,604.02 |
|
Wexford |
64,001.40 |
250,300.30 |
314,301.70 |
|
Wicklow |
165,966.20 |
269,252.98 |
435,219.18 |
|
Grant Aid Returned by Local Authorities to date in 2024 |
|||
|
Local Authority |
Retained Capital Returned € |
Refundable Aid Returned € |
Total Returned € |
|
DLR |
297,773.00 |
487,877.00 |
785,650.00 |
|
Dublin South |
182,339.36 |
931,350.43 |
1,113,689.79 |
|
Mayo |
246,093.00 |
93,666.00 |
339,759.00 |
In addition, once off funding was provided to the Department's Vote for specific Covid-19 related measures. These included funding for the Restart Grants which were allocated to Enterprise Ireland (Subhead A7) who in turn funded the Local Authorities to meet claims under the scheme. When the scheme closed in 2021, some funds were returned by two Local Authorities to Enterprise Ireland and subsequently forwarded to my Department in 2022 and 2023 as follows:
|
Local Authority |
Restart Grant 2022 € |
Restart Grant 2023 € |
|
Roscommon |
10,350 |
|
|
Dublin City |
|
19,287 |
276. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment the current composition of the Artificial Intelligence Advisory Council; the number of times it has met since its establishment; the advice, if any, he has received to date from the Council; and if he will make a statement on the matter. [19392/24]
Amharc ar fhreagraTo support the implementation of the National AI Strategy, an AI Advisory Council has been established. The Council’s role is to provide independent expert advice to Government on artificial intelligence policy, with a specific focus on building public trust and promoting the development of trustworthy, person-centred AI.
Its first role is providing expert guidance, insights, and recommendations in response to specific requests from government.
Its second role is developing and delivering its own workplan of advice to government on issues in artificial intelligence policy, providing insights on trends, opportunities, and challenges.
Its third role is engaging in public communications aimed at demystifying and promoting trustworthy, ethical and person-centred AI.
The AI Advisory Council is a mechanism for expert advice and not a consultative or a representative forum. Therefore, its members represent themselves as individuals with relevant experience and expertise and not their employers or organisations of which they may be members.
The Council has met on two occasions so far in 2024. It has not yet issued formal advice. The Council and its Chair are appointed for an initial period of two years from 2024-25.
The members of the AI Advisory Council are as follows:
Dr. Patricia Scanlon is Chair of the Artificial Intelligence Advisory Council. She is Founder and Executive Chair of SoapBox Labs, a leading provider of proprietary voice technology for children. She holds a PhD and has over 20 years experience working in speech recognition and AI technology, including at Bell Labs and IBM. She has served as Ireland’s AI Ambassador since 2022.
Prof. Deirdre Ahern is a Professor of Law and Director of the Technologies, Law and Society Research Group at the School of Law, Trinity College Dublin. She previously led a research team at the Law Reform Commission. She is a member of the Royal Irish Academy's Ethics, Politics, Law and Philosophy Committee and a Fellow of the Information Society Law Centre at the University of Milan. Her research interests have a focus on regulatory policy and corporate governance of new technologies, in particular AI, on which she is a regular speaker.
Dr Abeba Birhane is a cognitive scientist, currently a Senior Advisor in AI Accountability at Mozilla Foundation and an Adjunct Assistant Professor at the School of Computer Science and Statistics at Trinity College Dublin, Ireland. She researches human behaviour, social systems, and responsible and ethical AI. Birhane also serves on the United Nations Secretary-General’s newly-convened High Level Advisory Body on AI.
Mr Bernard Harbor was formerly head of communications and media relations at Fórsa, where he supervised research that underpinned the union’s policy on automation. He has a deep familiarity with industrial relations, the public sector, and the Irish and international media. He has been a member of the ICTU Executive Council and is currently a Governor of the Irish Times Trust. He is a Life Fellow of the Public Relations Institute of Ireland (PRII) and a member of the Board of TASC, Ireland's think tank for action on social change.
Prof. Stephen Kinsella is Full Professor of Economics and Head of the Department of Economics at the University of Limerick. He directs UL’s Immersive Software Engineering programme. As an economist with tech sector experience, he also is a regular columnist with extensive experience on state boards.
Dr. Susan Leavy is an Assistant Professor with the School of Information and Communication Studies at University College Dublin with research interests in artificial intelligence, language processing, social science and AI ethics. She is also one of Ireland’s nominees to the Global Partnership in AI. Susan is a funded investigator with Insight SFI Research Centre for Data Analytics and is leading several projects on trustworthy AI.
Mr. Seán Mullaney is currently CTO of Algolia, an AI powered search and discovery platform which serves a range of industries. He actively advises Irish startups and founders as a Venture Board Member at Elkstone and as an angel investor through the Sequoia Scout program. He also serves on the Board of Manna Drone Delivery.
Mr. Ronan Murphy is Founder and Executive Chairman of Smarttech247 (an AI powered cybersecurity enterprise) and is Founder of GetVisibility (an AI-driven data security enterprise). He is an expert in the areas of corporate and enterprise security, development of cyber defence programs, business operations protection and protection of critical infrastructure technologies.
Prof. Barry O’Sullivan is an award-winning academic working in the fields of artificial intelligence, constraint programming, operations research, AI/data ethics, and public policy. He contributes to several global Track II AI diplomacy efforts at the interface of military, defence, intelligence, and AI. He was Vice Chair of the European Commission High-Level Expert Group on AI and is a member of the Digital Group at the Institute of International and European Affairs (IIEA).
Ms/ Emma Redmond has a background at the intersection of technology and law including at LinkedIn and Stripe and is currently Associate General Counsel, Head of EU Privacy and Data Protection at OpenAI and the first member of the growing OpenAI team in Ireland. Emma is an Adjunct Associate Professor of Law at University College Dublin.
Ms. Bronagh Riordan is Head of Data & Analytics for Irish international retailer Primark, and Chair of the Industry Steering Board for CeADAR, Ireland's national centre for Applied Data Analytics, Artificial Intelligence & Machine Learning and Irelands Digital Innovation Hub for Europe. She is also a UK and Ireland Chief Data Officer governing body member for Evanta. She has more than 20 years’ experience in Data, Analytics & AI and prior to joining Primark, held senior positions across industry including Director of Global Analytics Centre of Excellence for Deutsche Bank and Head of Data Science for CarTrawler.
Ms. Sasha Rubel is Head of Public Policy for Artificial Intelligence and Machine Learning at Amazon Web Services (AWS) for Europe, Middle East, and Africa. She previously worked at UNESCO on AI and digital innovation, is involved in international AI governance initiatives, and is a member of the OECD AI Network of Experts.
Mr. Barry Scannell is a Consultant in the Technology Group of law firm William Fry, where his work is focussed on AI law. He was previously Director of Legal Affairs & Regulatory Compliance at the Irish Music Rights Organisation. He has extensive experience in public communications around AI issues, and in particular, advising on the legal implications of AI technologies. Barry is currently finalising a PhD on AI and copyright in UCC.
Prof. Alan Smeaton is Professor of Computing at Dublin City University and was a founding director of Insight SFI Research Centre for Data Analytics. He is a member of the Royal Irish Academy and an Academy Gold Medal winner. He has extensive experience in applications and innovations of AI in areas such as computer vision, machine learning, wearables, lifelogging and educational analytics. He is experienced in giving scientific advice to government and actively participates in Educational and Public Engagement activity, including media appearances.
277. Deputy Darren O'Rourke asked the Minister for Enterprise, Trade and Employment if digital innovation vouchers can be used to help businesses migrate from a copper broadband connection to a fibre broadband connection; and if he will make a statement on the matter. [19405/24]
Amharc ar fhreagraMy officials clarified with the Deputy's office that this question relates to innovation vouchers and not digital innovation vouchers.
The Innovation Voucher Programme is funded by my Department under the Science and Technology Programme, through Enterprise Ireland. The Innovation Voucher Programme is designed to build links between Ireland's public knowledge providers (higher education institutions and research performing bodies) and small businesses and help to create a cultural shift in the small business community's approach to innovation.
The vouchers encourage companies and public knowledge providers to work together on specific innovation questions and projects related to a company’s needs and is available to the broadest number of companies. 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.
In that regard these vouchers are not provided to specifically migrate from copper to fibre broadband, rather they are focused on supporting SME innovation such as:
• new product/process development;
• new business model development;
• new service delivery and customer interface;
• new service development;
• tailored training in innovation management;
• innovation/technology audit.
278. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment the nature of and the current situation with regard to the European Commission’s announcement of 20 September 2022 that it was sending Ireland a formal notice (INFR(2022)0369) in respect of Directive (EU) 2019/1152 on transparent and predictable working conditions; and if he will make a statement on the matter. [19498/24]
Amharc ar fhreagraEU Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on Transparent and Predictable Working Conditions in the European Union has been transposed. The European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No 686 of 2022) became law on 16 December 2022.
The EU Commission has been informed that S.I. No 686 of 2022 was signed into law on 16th December 2022, which gives full effect to the transposition of EU Directive (EU) 2019/1152. Formal notification of transposition and the relevant concordance material issued to the EU Commission via THEMIS.
No further action has been notified to date to my Department by the Commission in this matter.
279. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment the nature of and current situation with regard to the European Commission’s announcement of 26 January 2023 that it was sending Ireland a reasoned opinion (INFR(2018)2235) for the non-conformity of Irish legislation with Directive 2014/67/EU on the enforcement of Directive 96/71/EC; and if he will make a statement on the matter. [19499/24]
Amharc ar fhreagraCouncil Directive 96/71/EC on the posting of workers in the framework of the provision of services was transposed into Irish law via the Protection of Employees (Part-time Work) Act 2001. Accordingly, the full range of Irish employee protection legislation applies to workers posted to work, or otherwise working, in the State. A "posted worker" is an employee who is sent by their employer to carry out a service in another EU Member State on a temporary basis.
Concerns in relation to the enforcement across the EU of Council Directive 96/71/EC led to the adoption in May 2014 of EU Directive 2014/67/EU on the enforcement of Directive 96/71/EC (“the Framework Directive”) concerning the posting of workers in the framework of the provision of services which was transposed into Irish law on 28 July 2016 via S.I. 412 of 2016 - European Union (posting of Workers) Regulations 2016.
On 26 January 2023, Ireland received a Reasoned Opinion from the European Commission on account of non-conformity of the 2016 Regulations, specifically that Article 12(2) concerning subcontracting liability. The Commission is of the view that the application of subcontracting liability only to cross-border situations might discourage final clients and contractors from contracting or subcontracting with service providers established in other Member States, putting these undertakings at a disadvantage as compared with undertakings established in Ireland.
Ireland issued a response to the Reasoned Opinion on 23 March 2023, outlining how the State has faithfully transposed Article 12(2) of the Directive.
No further action has been taken to date by the Commission.
280. Deputy Paul Murphy asked the Minister for Education further to Parliamentary Question Nos.342 and 343 of 16 April 2024, for a breakdown of the special classes autism, moderate ID and so on; and the exact location of these classes, in tabular form. [18753/24]
Amharc ar fhreagraEnabling children with special educational needs to receive an education is a priority for this government. It is also a key priority for my department and for the National Council for Special Education (NCSE).
The vast majority of children with special educational needs are supported to attend mainstream classes with their peers. Where children with more complex needs require additional supports, special classes and special school places are provided.
For 2024, €2.7 billion is being spent on special education, an increase of €113 million, and this is dedicated to providing supports for children with special educational needs. This will allow for, amongst other things, the opening of up to 400 new special classes in mainstream schools and 300 additional special school places.
In 2024, the number of teaching and SNA posts in our schools will increase with an additional 744 teachers and 1,216 SNAs added to deliver up to 2,700 new places for children with special educational needs. This will mean we will have over 41,500 qualified and committed people in our schools who are focused wholly and exclusively on supporting these children.
The NCSE has the responsibility for planning and coordinating school supports for children with special educational needs.
Over the last number of years, my department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places. These initiatives are bearing fruit with almost 1,300 new special classes sanctioned and seven new special schools established over the last four years.
My department engages intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. This forward planning work is well underway ahead of the 2024/25 school year. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, an analysis of available school accommodation, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.
As a result of this forward planning, two new special schools have been established for this current school year in Cork and Dublin, with further capacity being expanded in 11 other special schools.
In addition, four new special schools will be established for the 2024/25 school year in counties Meath, Kildare, Wexford and Limerick. This will bring to 11 the number of new special schools established in recent years.
Along with the two new special schools opening this school year, 390 new special classes – 254 at primary and 136 at post-primary level – have been sanctioned by the NCSE.
Of these, 71 are in Dublin, 48 at primary level and 23 at post-primary level. This brings to 534 the number of special classes in Dublin, 408 at primary level and 126 at post-primary level.
Information on the list of schools with special classes, the types and locations of these classes is available on the NCSE website.
The attached document provides a breakdown of the types of special classes in primary and post-primary schools in Dublin for the current school year.
types of special classes in primary and post-primary schools
Planning for special classes and special school places is currently underway ahead of the 2024/25 school year. The locations of the new classes will be confirmed by the NCSE shortly.
Parents seeking special class placements for their children are advised to contact the NCSE locally so that their needs can be taken into account for planning purposes. Local special educational needs organisers (SENOs) are available to assist and advise the parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: www.ncse.ie/regional-services-contact-list.
My department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.
281. Deputy James Lawless asked the Minister for Education when construction will begin on the permanent school building for a school (details supplied) in County Kildare; and if she will make a statement on the matter. [18792/24]
Amharc ar fhreagraSince 2020, my Department has invested in the region of €4.5 billion in our schools throughout the country, involving the completion of over 800 school building projects. Construction is currently underway at approximately 300 other projects, which includes 31 new school buildings. Projects at construction involve a total State investment of over €1.2bn.
I recently announced that close to 90 school building projects currently at tender stage will be authorised to proceed to construction over the course of 2024 and early 2025. In total, around €800 million will be invested in these projects under the department’s Large Scale Capital Programme and Additional Accommodation Scheme for essential classroom accommodation.
This level of construction rollout recognises the priority that Government puts on investment in education, including responding to the increased requirement for special education provision.
The project for the school referred to by the Deputy currently has planning permission and will, along with a number of other projects with planning permission, be brought to the level of employer-led design with a Design Team assigned to do so under the supervision of my Department’s Project Manager. The process of appointing the Design Team from my Department’s Frameworks of Consultants was completed in September 2023 and the project is now progressing through design development stages.
My Department will continue to liaise with the school and patron body in relation to interim accommodation requirements and provide any updates in relation to progress on the school building project.
282. Deputy Michael Healy-Rae asked the Minister for Education if the boarding grant for students will be increased; and if she will make a statement on the matter. [18807/24]
Amharc ar fhreagraThe purpose of the Remote Area Boarding Grant scheme is to give students who are disadvantaged because of their remoteness from schools an opportunity to attend school on the same basis as students not so disadvantaged.
The terms of this scheme are set out in Circular 16/2016 which is published on my Department’s website at: gov.ie - www.gov.ie/en/circular/14bf3da700a54567a821513272945bd1/.
Under the terms of the scheme, a second-level school is a school which is recognised by the Department for the purpose of providing the prescribed certificate courses, which enters its students for the State examinations and is subject to inspection by the Department.
As per the circular above, the pupil “must be resident 4.8 km or more from a second-level school where suitable free second-level education is available and more than 3.2 km from a pick-up point on a transport service to such a school; and must be unable to obtain a place in a suitable second-level school within 25 km of his/her normal place of residence & should provide written confirmation of same”.
Pupils resident on off shore islands that do not have a school providing suitable free second level education may also qualify for assistance under the scheme.
For pupils requiring an Irish medium education the outlined criteria will be applied to the nearest second level school providing instruction through Irish.
The curriculum choices provided by a school (including the provision or otherwise of transition year) within 25 km of the applicant’s normal place of residence will not be a factor in the determination of eligibility for the award of a grant.
The maximum grant payable under the scheme may not exceed € 4,947 per pupil per annum. The grant is payable after each school term to the school or parent/guardian, whichever is appropriate, subject to verification by the school that the pupil has been in full-time attendance for the period concerned and a statement of the annual maintenance charge for the boarding or lodging fees, whichever is applicable, is provided.
Application for children starting in September of a school year should be sent in on or before the 30th April of that year as there is no guarantee that applications received after this time will be processed by the September.
283. Deputy Cian O'Callaghan asked the Minister for Education to outline the provision of Gaelscoileanna in the North Central area and to indicate whether there is any intention to provide additional intake/streams at a school (details supplied) or elsewhere in the area to meet local demand; and if she will make a statement on the matter. [18810/24]
Amharc ar fhreagraThe provision of school places to meet the needs of children and young people at primary and post primary level, including children and young people with special educational needs is an absolute priority for the Department.
It is important to note that where enrolment pressures arise, it may not always be as a result of lack of accommodation but may be driven by the following factors:
• Duplication of applications – pupils have applied for a place to a number of schools in the area
• School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area
• Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils
• External draw – pupils coming from outside the local area
As the Deputy may be aware, in order to plan for school provision and analyse the relevant demographic data, the Department divides the country into 314 school planning areas and uses a Geographical Information System, using data from a range of sources, including Child Benefit and school enrolment data, to identify where the pressure for school places across the country will arise and where additional school accommodation is needed at primary and post-primary level.
Major new residential developments in a school planning area have the potential to alter demand in that area. In that regard, as part of the demographic exercises, the Department engages with each of the local authorities to obtain the up-to-date information on significant new residential development in each area. This is necessary to ensure that schools infrastructure planning is keeping pace with demographic changes.
Where demographic data indicates that additional provision is required, the delivery of such additional provision is dependent on the particular circumstances of each case and may, be provided through:
• Utilising existing unused capacity within a school or schools,
• Extending the capacity of a school or schools,
• Provision of a new school or schools.
Scoil Mobhi is located in the Drumcondra_Marino_Dublin1 School planning area. There are 31 primary schools in this school planning area, 4 of which are taught through Gaeilge. The projected peak year for enrolments at primary level is 2027 and declining thereafter.
Since 2011, new arrangements have been in place for the establishment of new schools involving the forecasting of demand for school places based on demographic exercises carried out by the Department. New schools are only established in areas of demographic growth as the resources available for school infrastructure have to be prioritised to meet the needs of areas of significant population increase so as to ensure that every child has a school place.
These new arrangements also give an opportunity to patrons to apply for the patronage of new schools. The criteria used in deciding on the patronage of new schools place a particular emphasis on parental patronage and language preferences and an analysis of existing provision in the areas where the schools are being established. This approach is underpinned by a 2011 Government Decision.
The patronage process is open to all patron bodies and prospective patrons. An Online Patronage Process System (OPPS) has been in operation under the Department since 2018 and provides objective information to parents in the relevant school planning areas to assist them in making an informed choice about their preferred model of patronage and language of instruction for the new school.
When the Department announces that a new school(s) entity is required, a prospective patron can choose the school(s) it wishes to apply for and complete an application form in that regard for each school, for submission to the Department. The Department provides details on the OPPS of the school(s) and the list of applicant patrons which have applied for patronage of the school(s). Parents can then access the OPPS website, which allows them to access the appropriate survey for their area, to input the details of the eligible child(ren) and to select their preferred patron and language of instruction (with the exception of the Irish-medium primary gaelscoileanna which have been designated as Irish-medium prior to the opening of the OPPS - in the case of these schools, parents can select their preferred patron). Parental preferences, as well as other considerations such as the extent of diversity of provision in an area (including Irish-medium provision), are key to the decision-making process and to whether at post-primary level a school would take the form of a Gaelcholáiste or whether, if English-medium, the school would include an Irish-medium unit or "Aonad".
The patronage process for new schools is overseen by an external independent advisory group, the New Schools Establishment Group (NSEG). This Group was set up in 2011 to advise the Minister on the patronage of new schools. Following their consideration of the Department’s assessment reports, the NSEG submits a report with recommendations to me for consideration and final decision. The assessment reports and the NSEG recommendations for all such patronage processes are made available on the education section of the gov.ie website.
My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.
Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.
There are currently a number of active projects at primary and post primary level in the Drumcondra_Marino_Dublin 1 and Dublin 9 School Planning Areas which will increase local capacity. The Capital Programme details the school projects that are being progressed under Project Ireland 2040. The current status of large-scale projects being delivered under Project Ireland 2040, may be viewed on my Department's website at, www.gov.ie and this information is updated regularly. In addition, a list of large-scale projects completed from 2010 to date may also be viewed on the website.
My Department will continue to keep the school place requirements in Drumcondra_Marino_Dublin1 and Dublin 9 School Planning Areas, as with other areas across the country, under review.
284. Deputy Cian O'Callaghan asked the Minister for Education for an update on the timeline for the provision of a new school building (details supplied); and if she will make a statement on the matter. [18811/24]
Amharc ar fhreagraSince 2020, the Department of Education has invested in the region of €4.5 billion in our schools throughout the country. Around 800 school building projects have been completed and 300 other projects are under construction.
School building projects under construction involve an overall State investment of over €1.2 billion.
This is a record level of investment and highlights the department’s very strong track record in providing additional capacity and modern facilities for our school communities.
The permanent building project for the school referred to by the Deputy is part of a shared educational campus project which will deliver two 1,000 pupil post-primary schools and accommodation, including 6 classrooms, for children with special educational needs and an 8 classroom primary school and accommodation, including 2 classrooms, for children with special educational needs.
The project will be delivered under my Department's ADAPT Programme which uses a professional external Project Manager to co-ordinate and drive the Design Team to achieve the best possible timeframe for the project through the stages of Architectural Planning, to Tender and Construction.
The Project Manager was appointed in Q3 2023 and is in the process of preparing documentation for the tender process for the appointment of multi-disciplinary design team consultants.
It is not possible to provide a timeframe for the progression of the project to tender and construction stages until such time as the necessary statutory approvals have been secured.
My Department will keep the schools and their patron bodies informed of the progression of this campus project and will continue to liaise in relation to interim accommodation pending delivery of the permanent accommodation for the schools.
285. Deputy Cian O'Callaghan asked the Minister for Education if she will provide an update on funding for a new school building (details supplied) where parents are currently considering removing their children from the school due to cold, inappropriate temporary classrooms; if her Department will provide an update to the school directly on this; and if she will make a statement on the matter. [18812/24]
Amharc ar fhreagraThe large scale capital project at the school is for the provision of a new 600 pupil school and ancillary accommodation. The project is at Architectural Planning Stage 3 – Tender Action and Award.
The original grant of planning expired in December 2022, but due to changes to the Planning Acts in September 2021, it was no longer possible to apply for an extension to the planning permission for the main building project and a new application was required. The new planning permission application was lodged, and subsequently granted in December 2023, with a number of conditions attached.
The Design Team are carrying out a pre-tender reconciliation taking into account the implications of these conditions along with reviewing technical design information in relation to statutory and current technical design guidance.
My Department officials will be in contact with the School authority when the Design Team complete their review.
