Written Answers Nos. 79-93
79. Deputy Jim O'Callaghan asked the Minister for Enterprise, Trade and Employment if he will report on the initial response to the introduction of mediation for workplace accident claims; and if he will make a statement on the matter. [23058/24]
View answerThe reform and enhancement of the Injuries Resolution Board, with the overarching aim to have more claims settled through the agency, has been a priority for me since taking office. This reform was achieved through the Personal Injuries Resolution Board Act 2022.
One of the key measures introduced in the Act was the provision of mediation as a new service being offered by the Board. Mediation is widely recognised as an effective way of resolving disputes quickly and in a cost-effective manner.
As envisaged by the Personal Injuries Resolution Board Act 2022, the Board’s mediation service is being introduced on a phased basis. Mediation for employer liability injury claims was introduced by the Board on 14 December 2023. This was extended to public liability injury claims on 8 May 2024, and will be extended to motor liability injury claims later in the year.
The mediation service is in its infancy and under the legislation respondents have up to 90 days to respond to a notice of claim so it will take time to see trends. Initial engagement with stakeholders has been positive, and figures indicate some 37% of claimants so far are opting for mediation with regard to employer liability claims which is a very strong and positive initial response.
The Board has put in place a panel of professionally trained mediators to provide this service, which is entirely voluntary and wholly confidential for both claimants and respondents.
The Board recently concluded its first successful mediation with the claimant having their claim resolved in only four months. This compares extremely favourably against over four years of costly and stressful litigation, had it had to go to court.
I expect that mediation alongside the recent Supreme Court judgement deeming the Guidelines constitutional brings clarity and provides for a consistent personal injury awards system in our country. It is now the responsibility of insurers to reflect this in reduced insurance premiums.
80. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment the position regarding the IDA's plans to proceed with providing a new advance technology facility at Kerry Technology Park in Tralee, County Kerry; what progress has been made on the plan over the past four years; if the target in respect of this facility, as set out in the IDA's own plans, will be met; and if he will make a statement on the matter. [23278/24]
View answerUnder its current strategy, ‘Driving Recovery and Sustainable Growth 2021–2024’, IDA is committed to progressing the delivery of 19 Advance Building Solutions across six regions in 15 locations. Eight buildings are now complete, 3 are under construction and a further 3 are at procurement stage with the remainder in the planning, design and site selection stages. Moreover, the IDA has made considerable property investments in Kerry under this strategy, including the acquisition of over 16 hectares of lands at Kerry Technology Park.
As the Deputy is aware, Kerry Technology Park already is home to internationally recognised companies such as JRI America and Astellas, who, in September 2023, announced its intention to build a €330 million state-of-the-art facility in the park. In the context of this significant development at the Kerry site, IDA has now identified a suitable site within this land bank to accommodate a future Advance Building Solution. I am advised that the IDA is working through a design process to secure planning permission at this location and is working to progress the project as expeditiously as possible with a planning application due for lodging in 2024. This application will have the potential to support not only future foreign direct investment but also indigenous industry across a number of sectors.
Finally, IDA Ireland continues to maintain a focus on its property portfolio in regional locations to support its project pipeline, including in Kerry, and will continue to position Kerry for virtual and in-person site visits to prospective companies in 2024 and beyond.
81. Deputy Jackie Cahill asked the Minister for Enterprise, Trade and Employment if he will report on the progress made under the Mid-West Regional Enterprise Plan; the plans for its future funding; and if he will make a statement on the matter. [23063/24]
View answerBalanced regional enterprise development is a key focus for me and this Government as set out in the White Paper on Enterprise. My Department contributes to this agenda in several ways, including through the development, implementation and oversight of nine Regional Enterprise Plans (REPs).
The Mid-West REP is implemented at a regional level by a Steering Committee made up of stakeholders from Limerick, Clare and Tipperary. Eamonn Murphy is Chair of the Mid-West REP Steering Committee which last met on 1 February 2024 where updates on implementation were shared with members.
My Department oversees implementation of the REPs at the national level. A meeting of the National Oversight Group for the REPs with Steering Committee Chairpersons took place on 25 April 2024, where the REP Chairs provided feedback on implementation.
Nine REP Progress Reports were recently published, which document implementation to the end of Q3 2023 for each plan, including the Mid-West. These reports were prepared by the regional Steering Committees and are available on my Department’s website. Good progress has been made implementing actions across the Mid-West REP.
Some highlights detailed in the Progress Report include:
• IDA Ireland’s new €40 million Digital Manufacturing Ireland, the national centre of excellence to aid digital transformation of manufacturing, was officially opened in Limerick in March 2023.
• Future Mobility Campus Ireland won the Proving Ground of the Year award at the Automotive Testing Technology International Awards 2022.
• The Technological University of the Shannon was awarded €1 million in funding from the Department of Agriculture, Food and the Marine to develop a bioeconomy demonstrator site in Lisheen, Co. Tipperary.
• €3.5 million from the Rural Regeneration Development Fund has been allocated to redevelop a vacant building at the Kilrush Marina, Co. Clare, as a Maritime Training Centre and research base for the offshore renewable energy sector.
The REPs are collaborative plans bringing together a range of stakeholders, from the enterprise agencies to higher education institutions and local authorities. Projects under the REPs may draw on a range of funding sources, from EU-level to funding provided directly by local authorities and elsewhere in central government, such as schemes administered by the Department of Rural and Community Development and Department of the Environment, Climate and Communications.
My Department is one of the main sources of support for REP projects and has provided significant funding to develop regional enterprise ecosystems through the Regional Enterprise Development Fund, Border Enterprise Development Fund and other schemes administered by Enterprise Ireland. These Enterprise Ireland funding schemes have helped drive implementation of the Mid-West Regional Enterprise Plan.
My Department has secured up to €145 million for the Smart Regions Enterprise Innovation Scheme, which will support projects aligned to the Regional Enterprise Plans. The first call of €35 million under this scheme, which is co-funded under the European Regional Development Fund, is open on the Enterprise Ireland website. I hope to announce successful projects under this first call in the coming months. I expect that there will be further calls under this scheme over the coming years, which will provide multi-annual funding for key projects aligned to the Regional Enterprise Plans.
Funding is a core issue for delivery of the REPs and the approach to funding will be kept under consideration by my Department and partners in the REP process.
82. Deputy Mark Ward asked the Minister for Enterprise, Trade and Employment if the new rate of pay of €12.90 per hour for security guards, proposed by the Labour Court, has taken effect; if so, when this took effect; and if he will make a statement on the matter. [23280/24]
View answerOn the 25th August 2023 the then Minister for Business Employment and Retail signed the Employment Regulation Order (ERO) for the Security Sector which came into force on 4th September 2023. The ERO provided for a wage increase to €12.90 per hour from that date. The full details of the ERO are available here:
enterprise.gov.ie/en/legislation/legislation-files/si-no-424-of-2023-employment-regulation-order-security-industry-joint-labour-committee-2023.pdf.
Joint Labour Committees (JLCs) are independent in their functions. If a JLC adopts proposals for an ERO for a sector, it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides to adopt the proposals, a copy will be presented to me and, if I consider it appropriate to do so, I will make an ERO giving effect to the proposals.
I have not received a proposal from the Labour Court in relation to a new ERO for the Security Sector. Should the Labour Court submit such a proposal, I will give it due and timely consideration.
83. Deputy Joe Flaherty asked the Minister for Enterprise, Trade and Employment for an update on the latest developments in acquiring an IDA Ireland purpose-built facility in Longford town; and if he will make a statement on the matter. [23102/24]
View answerIDA Ireland’s Regional Property Programme is aimed at supporting economic development and job creation across the country by providing property solutions to its own as well as Enterprise Ireland and LEO clients. In this regard, the provision of property solutions is a key element of IDA’s marketing of the Midlands Region, including Longford and the IDA has committed to build an Advanced Building Solution, or ABS, in Longford to support the winning of new investment and job creation.
I am advised that the IDA continue to liaise with Longford County Council and with wider stakeholders to seek a suitable site for the proposed Advance Building Solution. While the site selection process is commercially sensitive until a land acquisition has been completed, IDA Ireland continues to explore all possible options to identify and secure suitable lands aligned with investor needs.
The specific dates for commencement of construction are wholly dependent on, and subject to, the successful outcome of these processes and there are many factors that impact on timelines for the delivery of construction projects. I can assure the Deputy that the IDA is using its best endeavours to deliver the building in Longford in a timely manner having regard to these market dynamics.
84. Deputy Pádraig O'Sullivan asked the Minister for Enterprise, Trade and Employment the number of businesses in each of Cork city, Cork county and Kerry registered for the increased cost of business grant before 1 May 2024; how many more in each county have registered since the application process reopened; and if he will make a statement on the matter. [23169/24]
View answerThe Government is very aware that SMEs have faced a number of economic shocks in recent years which have resulted in cost increases.
On May 15th, I, along with my Government colleagues, announced a substantial range of measures to reduce costs for small and medium sized businesses.
Included in these measures was the reopening of the ICOB portal from 15th May to 29th May, in order to allow rate paying business owners who have not registered to do so. We have received feedback that the process of registering is simple and quick.
As part of re-opening the ICOB scheme and given the greater impact that increased costs are having on the hospitality and retail sector, as noted in the DETE-DSP joint working paper titled ‘An Assessment of the Cumulative Impact of Proposed Measures to Improve Working Conditions in Ireland’, it has been agreed that business operating in these sectors will receive a second payment for approved businesses or a double payment for new registrations under this scheme.
The updated figures you requested are as follows, the latest figures are from May 21st:
Cork City - 3806 had registered prior to extension of the scheme and 80 since scheme reopened.
Cork County - 4722 had registered prior to extension of the scheme and 69 since scheme reopened.
Kerry - 2304 had registered prior to extension of the scheme and 28 since scheme reopened.
85. Deputy Brian Stanley asked the Minister for Enterprise, Trade and Employment the number of Workplace Relations Commission on-site inspections carried out in 2024, in tabular form, by month and sector, with compliance rate and reasons for non-compliance included; and if he will make a statement on the matter. [22903/24]
View answerThe Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.
The WRC conducts inspections of employer records with a view to determining compliance with certain employment law statutes. Targeted inspections arise for a number of reasons including; as a result of complaints received of alleged non-compliance, or by way of strategically planned compliance campaigns which focus on compliance in specific sectors or focus on specific employment law statutes.
The primary aim of the WRC is to achieve voluntary compliance through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. Whilst every effort is made to secure compliance, some employers may refuse or fail to rectify the breaches identified and/or pay money due to their employees. When these situations arise, they are referred by the WRC’s inspectorate for prosecution.
The attached table 1 sets out the on-site inspections carried out in 2024, in tabular form, by month and sector. Table 1 gives the overview for 2024 (Jan-Apr). It includes:
• No of inspections carried out by month and sector.
• Employers found in breach by month and sector.
• No of employees covered by inspections sector.
• Unpaid wages recovered by month and sector.
The attached table 2 sets out details of the contravention type by legislation for the period from 1/1/24 to 30/4/24.
86. Deputy Willie O'Dea asked the Minister for Enterprise, Trade and Employment his response to the recent Supreme Court judgment in the Delaney case in relation to personal injuries guidelines; and if he will make a statement on the matter. [23059/24]
View answerI welcome the Supreme Court’s ruling, in Bridget Delaney vs. the Personal Injuries Assessment Board, the Judicial Council, Ireland and the Attorney General, upholding the Personal Injuries Guidelines and affirming their constitutionality, and also confirming that the approach taken by the Injuries Resolution Board in applying the Personal Injury Guidelines is correct.
The implementation of the Guidelines alongside the strengthening of the Injuries Resolution Board formed a key part of the Government’s Insurance Reform Programme and ensures that there is consistency, predictability, and fairness in the assessment of compensation for personal injuries.
The application of the Guidelines has been responsible for a marked reduction in the costs of personal injury claims. The Central Bank’s third ‘National Claims Information Database - Employers’ Liability, Public Liability and Commercial Property Insurance Report’ published on 4 April 2024 shows that when the Guidelines were used to settle claims by the Injuries Resolution Board in 2022 this resulted in a 33 per cent reduction against the average cost of claims settled under the Book of Quantum in 2020.
The reform and enhancement of the Injuries Resolution Board, with the overarching aim to have more claims settled through the agency has been a priority for my office. This reform was achieved through the Personal Injuries Resolution Board Act 2022. One of the key measures introduced in the Act was the provision of mediation as a new service being offered by the Board.
The mediation service is in its infancy and under the legislation respondents have up to 90 days to respond to a notice of claim so it will take time to see trends. Initial engagement with stakeholders has been positive, and figures indicate some 37% of claimants so far are opting for mediation with regard to employer liability claims which is a very strong and positive initial response.
The Supreme Court ruling should further increase confidence among claimants when having their claims assessed under the Guidelines, and lead to a higher acceptance rate for the Injuries Resolution Board. This judgement builds on the work that the state has already delivered on the Insurance Reform agenda and challenges insurers to reflect this in their premiums.
87. Deputy Thomas Gould asked the Minister for Enterprise, Trade and Employment if he agrees with a Government proposal to delay the introduction of paid sick leave. [23340/24]
View answerThe Sick Leave Act 2022 introduced employer-paid, medically-certified, statutory sick leave for the first time in Ireland. From 1 January 2023, the initial statutory entitlement was up to 3 days’ sick leave, which increased to 5 days on 1 January 2024.
The Deputy will be aware that statutory sick leave, and its phased roll-out, was designed in consultation with the Minister for Social Protection and the Social Partners.
A Ministerial decision will be required by the end of this year on the third phase of this plan, including whether to increase the entitlement to 7 days next year. In order to make this decision, and in line with Section 6 of the Sick Leave Act, the Minister must have regard to several key factors, including (and I quote):
“the state of the economy generally, the business environment and national competitiveness; the state of society generally, the public interest and employee well-being; the potential impact of making an order to vary the number of days; data on earnings and labour costs as published by the CSO; the views of employee and employer representative bodies and any other matters considered relevant.”
I am aware that members of the business community have raised concerns around the overall impact of increased labour regulation on the cost of doing business.
Therefore, in order to consider the impact of any potential further increases to sick leave, my Departmental officials are currently exploring with the Economic and Social Research Institute the possibility of capturing more detail on the impact of the changes to statutory sick leave, which could I understand include further analysis of existing Central Statistics Office datasets, as well as potentially gathering new data.
As this work is at an early stage, it would not be appropriate to speculate on potential outcomes at this point.
88. Deputy Ruairí Ó Murchú asked the Minister for Enterprise, Trade and Employment the work being carried out by his Department to combat bogus self employment in the building trade; and if he will make a statement on the matter. [23171/24]
View answerWhile the issue of false self-employment is complex, and debate often exists as to scale of the problem, there is consensus that it is important to tackle the issue where possible to prevent people being exploited across all sectors, including the building trade.
Ireland has robust mechanisms for the determination of the employment status and the Government is committed to tackling false self-employment wherever it occurs.
Where an issue arises in relation to the employment status of an individual, cases are forwarded to Revenue and/or the Department of Social Protection for investigation, either solely by the recipient, or jointly with the Labour Inspectorate of the Workplace Relations Commission. The WRC may also determine employment status as a preliminary issue at an adjudication hearing.
Following the Labour Employer Economic Forum (LEEF) Subgroup on Employment and Enterprise, in late 2021, a Working Group was formed to examine the issue of false self-employment, identify the real scale of the problem, get reliable data, and put all options on the table in an effort to bring the matter forward. This group is comprised of members from relevant Government Departments together with sectoral and social partner representatives and has undertaken open and constructive discussions concerning false self-employment and thorough consideration of material and evidence presented to the group.
Following the Supreme Court judgement in the Domino’s case, it is now proposed to reconvene the working group in the coming weeks, to consider the implications of that judgement for our employment laws.
The Code of Practice on Determining Employment Status, which is the key guidance document for employers and workers and others in relation to deciding the employment status, is currently being updated by officials in the Department of Social Protection, Revenue Commissioners, and Workplace Relations Commission
In addition, the broader issue of employment status may also be considered by the Employment Law Review Group post establishment.
89. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if he is planning to issue grants to small and medium enterprises in the retail and hospitality sectors through the increased cost of business scheme based on their profitability; and if he will make a statement on the matter. [23307/24]
View answerThe Government is very aware that SMEs have faced a number of economic shocks in recent years which have resulted in cost increases.
On May 15th, I, along with my Government colleagues, announced a substantial range of measures to reduce costs for small and medium sized businesses.
Included in these measures was the reopening of the ICOB portal from 15th May to 29th May, in order to allow rate paying business owners who have not registered to do so. We have received feedback that the process of registering is simple and quick.
As part of re-opening the Increased Cost of Business (ICOB) scheme and given the greater impact that increased costs are having on the hospitality and retail sector, as noted in the DETE-DSP joint working paper titled ‘An Assessment of the Cumulative Impact of Proposed Measures to Improve Working Conditions in Ireland’, it has been agreed that business operating in these sectors will receive a second payment for approved businesses or a double payment for new registrations under this scheme.
The grant is specifically based on the Local Authority rates bill in 2023 and not profitability.
90. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment if the innovation voucher will be amended to allow SMEs purchase digital equipment and machinery for their business. [23114/24]
View answerThe 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.
The primary aim of the Innovation Voucher programme therefore is for businesses to purchase academic support from registered knowledge providers, to ultimately improve a company's innovation capability. Eligible activity that can be funded under the Innovation Voucher programme includes:
• new product design/development
• new or improved production process
• new business model development
• new service delivery and customer interface
• new service development
• tailored training in innovation management
• innovation/technology audit
I recently announced that the value of the Innovation Vouchers would double from €5,000 up to €10,000 per voucher. This has come about following completion of a review of the Innovation Voucher Programme by Enterprise Ireland in conjunction with my Department.
There are currently no plans to change the focus of the Innovation Voucher Programme from that laid out above.
91. Deputy Jennifer Murnane O'Connor asked the Minister for Enterprise, Trade and Employment the number of businesses in the counties Carlow, Kilkenny, Waterford and Wexford registered for the increased cost of business grant before 1 May 2024; how many more in each county have registered since the application process reopened last week; and if he will make a statement on the matter. [23090/24]
View answerThe Government is very aware that SMEs have faced a number of economic shocks in recent years which have resulted in cost increases.
On May 15th, I, along with my Government colleagues, announced a substantial range of measures to reduce costs for small and medium sized businesses.
Included in these measures was the reopening of the ICOB portal from 15th May to 29th May, in order to allow rate paying business owners who have not registered to do so. We have received feedback that the process of registering is simple and quick.
As part of re-opening the ICOB scheme and given the greater impact that increased costs are having on the hospitality and retail sector, as noted in the DETE-DSP joint working paper titled ‘An Assessment of the Cumulative Impact of Proposed Measures to Improve Working Conditions in Ireland’, it has been agreed that business operating in these sectors will receive a second payment for approved businesses or a double payment for new registrations under this scheme.
The figures you requested are as of May 21st and are as follows:
Carlow - 951 businesses were registered on 1st May and 8 have registered since scheme reopened.
Kilkenny - 1208 businesses were registered on 1st May and 44 have registered since scheme reopened.
Waterford - 1895 businesses were registered on 1st May and 38 have registered since scheme reopened.
Wexford - 2675 businesses were registered on 1st May and 22 have registered since scheme reopened.
92. Deputy Cormac Devlin asked the Minister for Enterprise, Trade and Employment the number of businesses in each of the four Dublin local authority areas registered for the increased cost of business grant before 1 May 2024; how many more in each area have registered since the application process reopened last week; and if he will make a statement on the matter. [23103/24]
View answerThe Government is very aware that SMEs have faced a number of economic shocks in recent years which have resulted in cost increases.
On May 15th, I, along with my Government colleagues, announced a substantial range of measures to reduce costs for small and medium sized businesses.
Included in these measures was the reopening of the ICOB portal from 15th May to 29th May, in order to allow rate paying business owners who have not registered to do so. We have received feedback that the process of registering is simple and quick.
As part of re-opening the ICOB scheme and given the greater impact that increased costs are having on the hospitality and retail sector, as noted in the DETE-DSP joint working paper titled ‘An Assessment of the Cumulative Impact of Proposed Measures to Improve Working Conditions in Ireland’, it has been agreed that business operating in these sectors will receive a second payment for approved businesses or a double payment for new registrations under this scheme.
The figures you requested as at 21 May are as follows :
Dublin City Council - 7471 registered before 1 May and 93 since scheme reopened.
Dun Laoghaire - Rathdown County Council - 2483 registered before 1 May and 25 since scheme reopened.
Fingal - 2757 registered before 1 May and 99 since scheme reopened.
South Dublin County Council - 2951 registered before 1 May and 28 since scheme reopened.
93. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if he is planning to delay the expansion of the sick pay scheme to workers; and if he will make a statement on the matter. [23306/24]
View answerThe Sick Leave Act 2022 introduced employer-paid, medically-certified, statutory sick leave for the first time in Ireland. From 1 January 2023, the initial statutory entitlement was up to 3 days’ sick leave, which increased to 5 days on 1 January 2024.
The Deputy will be aware that statutory sick leave, and its phased roll-out, was designed in consultation with the Minister for Social Protection and the Social Partners.
A Ministerial decision will be required by the end of this year on the third phase of this plan, including whether to increase the entitlement to 7 days next year.
