Written Answers Nos. 224-243
224. Deputy Denis Naughten asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the steps he is taking to amend the procurement regulations to incentivise the enhanced use of wood in public construction projects including glulam and cross-laminated timber to replace steel fabrication; and if he will make a statement on the matter. [25500/24]
View answerThe procurement regulations require public bodies to award public contracts on the basis of transparent and non-discriminatory criteria. These regulations already permit contracting authorities to take into account matters, such as sustainability, in the award of contracts.
The Office of Government Procurement, in conjunction with the Environmental Protection Agency, has published an online search tool which allows users to rapidly find, select and download Green Public Procurement (GPP) criteria relevant to a specific procurement project and is available online at gppcriteria.gov.ie.
Where public works contracts are concerned it is at the design stage where the greatest reductions in embodied carbon may be achieved. This can be done by using readily available tools such as Level(s), the European framework for sustainable buildings. Level(s) uses core sustainability indicators to measure carbon, materials, water, health, comfort and climate change impacts throughout a building’s full life cycle.
By identifying the elements of high carbon intensity in a building project the specified materials can be adjusted to reduce the carbon footprint whilst achieving the structural and performance requirements for the building.
Following on from this, design teams should focus on reducing unnecessary material use in designs and consider material circularity.
There is a commitment to include low carbon materials in Public Procurement both through the Climate Action Plan and Green Public Procurement.
Recently, the Government has approved public procurement guidance to promote the reduction of embodied carbon when specifying cementitious materials in public works projects. My colleague, the Minister for Enterprise, Trade and Employment, Peter Burke, T.D. will soon write to public bodies to advise them of new guidance when designing public projects, and procuring cement and concrete products in particular.
225. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if, given the skills shortage in areas such as construction, healthcare, teaching, farming, and caring, there are plans to progress a skills audit of people in the international protection system, with a view to harmonising skills and qualifications here; how much this would cost in the first year; and if he will make a statement on the matter. [24626/24]
View answerAccording to the latest employment figures from the CSO’s Labour Force Survey, published on 23 May 2024, total employment stood at 2.71 million. There are now more people employed in Ireland than ever before. As per the CSO Statistical Release on Monthly Unemployment from early June, the seasonally adjusted national unemployment rate was 4.0% in May 2024. In the context of this tight labour market, it is essential that Irish enterprises have access to an adequate pool of high quality, adaptable and flexible talent.
In order to meet the demand for skills, there is close collaboration across Government, in particular between the Department of Further and Higher Education, Research, Innovation and Science, its agencies and my own Department, as well as between Government, industry, and the education and training system, in order to build and retain a highly skilled workforce to serve the needs of the economy.
My Department operates the Government’s employment permits system which is highly responsive to areas of identified skills needs and labour shortages across the economy. The system is, by design, vacancy led and driven by the changing needs of the labour market. The employment permits system is managed through the operation of the critical skills and ineligible occupations lists which determine employments that are either in high demand or are ineligible for consideration for an employment permit.
It is outside of my Department’s responsibility to progress a skills audit of people in the international protection system and, therefore, it is not something that has been costed by my Department. The International Protection Office, under the Department of Justice, is responsible for processing applications for international protection. The National Academic Recognition Information Centre, under Quality and Qualifications Ireland and the Department of Further and Higher Education, Research, Innovation and Science, provide information on over 1,700 qualifications from more than 160 countries and allows individuals, including people with refugee status or who have subsidiary protection, to download a comparability statement that compares their academic qualification to an Irish qualification of a similar major award type and level on the Irish National Framework of Qualifications, where possible. The matter of a skills audit could potentially be raised with the Minister for Justice and the Minister for Further and Higher Education, Research, Innovation and Science.
226. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment Minister to provide details of any anti-racism or unconscious bias training and presentations made available to staff in his Department during the period 2021 to date; the content of such training and presentations; the provider of any such training and presentations and the costs incurred for each event; if attendance at such training and presentations is mandatory or voluntary for staff; and if he will make a statement on the matter. [24667/24]
View answerMy Department has had no standalone training in Anti-Racism or Unconscious Bias for the years specified, however, these topics are addressed via a range of mediums available to all officials in my Department.
As outlined in my Department’s People Strategy launched in November 2021, the Department is wholly committed to building a supportive and inclusive workplace.
Since that time, the Department’s Learning and Career Development Unit has facilitated several training sessions and webinars with organisations such as Irish Centre for Diversity, AsIAm, ADHD Ireland, and Employers for Change amongst others. While attendance at same is optional, it is highly encouraged and promoted to all staff members regularly.
At present and on an ongoing basis, there are also several training sessions available on the Civil Service-wide OneLearning platform which is always accessible to staff members. Current offerings include:
• Equality and Human Rights: Understanding your Role
• Managing for an Inclusive Workforce
• Equality and Human Rights in the Public Service
Further, equality awareness and unconscious bias is addressed as part of Interviewer Skills training which is provided to staff in advance of their participation as interviewers on competition boards.
My Department’s Equality, Diversity and Inclusion Statement published in 2022 set out how we would ensure our statutory equality duties are met. However, our Equality, Diversity and Inclusion Strategy, finalised this week, takes the next step in setting out how we plan to go beyond those duties and become a more inclusive workplace. As part of the development of this Strategy, all members of our Management Board and all members of our ED&I Strategy Working Group undertook ‘Inclusive Leadership’ training with the Irish Centre for Diversity. Actions under our ED&I Strategy include bringing inclusive leadership and inclusive management training to all managers in our Department through OneLearning, and a commitment to continue our offering of ED&I related training and information sessions throughout the Strategy’s lifetime.
227. Deputy Joan Collins asked the Minister for Enterprise, Trade and Employment if he or the Minister for State with responsibility for Business, Employment and Retail has received a proposal from the Labour Court on the amendment of the Employment Regulation Order (Security Industry Joint Labour Committee) 2023. [24682/24]
View answerI can confirm that I received a proposal for a new Employment Regulation Order (ERO) for the Security Sector from the Labour Court on 4 June 2024. This will now be given due and timely consideration. If I am satisfied that all legal requirements have been met, I will make an ERO giving effect to the proposal.
228. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment if his Department will be prioritising the progression of any specific pieces of legislation prior to the Dáil summer recess; and if he will make a statement on the matter. [24699/24]
View answerMy Department is currently progressing two bills, before the Houses.
The Employment Permits Bill is currently before the Seanad for report stage. The primary purpose of this proposed legislation is to consolidate the Employment Permits Acts, making certain amendments to modernise the employment permits system and to increase it's responsiveness. Seanad Committee stage was taken on 22 May 2024.
The Microenterprise Loan Fund (Amendment) Bill will provide for ownership of Microfinance Ireland (MFI) to pass from its current parentage the Social Finance Foundation, to the Minister for Enterprise, Trade and Employment and to put in place the related governance structures. It will give greater oversight to a body which is responsible for an increased amount of state sponsored lending and it will create a more established and regular relationship between the Department and the body delivering the funding to the recipient businesses. This Bill has completed third stage in the Dáil on 20 May 2024.
My Department also has two priority pieces of legislation to progress prior to the Summer recess of the Dáil. Both of these Bills have been included in the Governments Summer Programme 2024 for priority publication and are currently on track.
The Digital Services (Levy) Bill is dual purpose, firstly it will extend Coimisiún na Meán's levy raising power to service providers under the scope of both the EU Digital Services Act & the EU Terrorism Content Online Regulation. Secondly, it will introduce a power for the Competition and Consumer Protection Commission (CCPC) to charge a levy on online marketplace providers in the scope of the EU Digital Services Act. It is estimated that the Bill will be submitted to Government seeking approval to publish in early June. The Levy raising power must be in place for 2025.
The Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill will enhance and strengthen the enforcement and regulatory provisions in the Companies Act 2014. The amendments largely relate to four distinct areas of company law: Corporate Governance, Company Law Enforcement and Supervision, Administration and Insolvency. It is estimated that the Bill will go to Cabinet for approval to publish on 9 July 2024. Following temporary measures that were introduced during the COVID-19 pandemic, further extensions to these measures will not be continued after December 2024. In order to avoid any gap in legislation and or uncertainty, it is hoped the Bill will be enacted and commenced before end of Q4, 2024.
229. Deputy Pa Daly asked the Minister for Enterprise, Trade and Employment the measures from a report (details supplied) that have been implemented; the measures still outstanding;; and if he will make a statement on the matter. [24730/24]
View answerThe Plan of Action on Collective Redundancies following Insolvency represents Government policy on the issue of collective redundancies following insolvency.
The report mentioned was in response to particular terms of reference which were quite narrow and specific and do not address the generality of redundancies that arise in insolvency situations.
Nevertheless, the recommendations made in the report mentioned were examined and reviewed by my Department during the development of the Plan of Action.
Two of the six recommendations contained in the report (proposals 1 and 3) were accepted on a full or modified basis. These recommendations are:
• Provide that employees may seek redress from the Workplace Relations Commission (WRC) where their employer makes them redundant before the 30-day notification period finishes.
• Remove the exemption from notification requirements in respect of collective redundancies caused by the employer’s insolvency.
The Deputy will be aware that legislation progressing the outstanding commitments in the Plan of Action was signed into law on 9 May 2024 and will further benefit the workers of insolvent employers. The above recommendations are reflected in sections 8 and 11 of the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024.
In addition, the Act will improve awareness, increase transparency and improve access to the mechanisms already available under Company Law which can increase the pool of assets available for the creditors.
It is my intention to commence the Act shortly, once my officials have completed final preparation work for the roll-out of these new protections.
230. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment if he has plans to sign a proposal (details supplied); if so, when he plans on signing it; and if he will make a statement on the matter. [24741/24]
View answerI can confirm that I received a proposal for a new Employment Regulation Order (ERO) for the Security Sector from the Labour Court on 4 June 2024. This will now be given due and timely consideration. If I am satisfied that all legal requirements have been met, I will make an ERO giving effect to the proposal.
231. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 71 of 23 May 2024, the names of the companies in respect of which fourteen individual dual-use export licences with a value of €52 million to end users in Israel in the period 7 October 2023 to 23 May 2024 were granted; and if he will make a statement on the matter. [24835/24]
View answerThe Department of Enterprise, Trade and Employment is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of Dual-Use goods.
While the term “dual-use” refers to those items that are normally used for civilian or commercial purposes but may also have a military application, the vast majority of dual-use licences issued are for commercial purposes.
All applications for exports of controlled goods are assessed on a case-by-case basis giving due consideration to the eight criteria under the Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment.
Applications are subject to a rigorous licence application process which centres on a careful assessment of the proposed end-user and the end-use. Furthermore, the Department consults with the Department of Foreign Affairs and Trade in respect of all export licence applications involving Israel.
In view of the relatively small number of export licence holders, it is the policy of the Department not to identify licence holders or recipients of controlled goods. To do so could prejudice the competitive position of the company in the conduct of it's business. Publication of identifying details could facilitate actions against companies engaged in their lawful business in an already regulated sector of the economy.
If there are any concerns that the goods being exported will be used for a military end-use or if the exporter does not provide enough information on the intended end-use for my officials to make an informed decision, the application for a licence is denied. Investigations are undertaken where there is a potential breach of the Dual Use Regulation and referrals made to An Garda Siochana if a criminal offence is suspected.
In applying export controls in a robust and transparent way, the Department ensures that legitimate business transactions by reputable Irish traders are not damaged in any way while also ensuring that exports of controlled goods are thoroughly risk assessed in the context of ongoing conflicts, diversion of goods and humanitarian considerations.
232. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the total value of trade between Ireland and Northern Ireland for the years 2018 to 2023, broken down by exports and imports per year, in tabular form. [24844/24]
View answerGoods trade with Northern Ireland is as follows:
|
- |
Imports |
Exports |
|
€million |
€million |
|
|
2018 |
2,097 |
2,431 |
|
2019 |
2,374 |
2,517 |
|
2020 |
2,400 |
2,406 |
|
2021 |
4,101 |
3,779 |
|
2022 |
5,426 |
4,970 |
|
2023 |
5,168 |
4,938 |
Services trade data for Northern Ireland is included in the Central Statistics Office data for the UK and is not shown separately.
233. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the value of trade in goods between Ireland and Northern Ireland for the years 2018 to 2023, broken down by exports and imports per year, in tabular form. [24845/24]
View answerThe Central Statistics Office (CSO) compiles statistical data in relation to Goods exports and imports. CSO data for goods trade between Ireland and Northern Ireland in 2018 - 2023 are shown in the following table.
|
Goods Trade with Northern Ireland |
||
|
Imports |
Exports |
|
|
€million |
€million |
|
|
2018 |
2,097 |
2,431 |
|
2019 |
2,374 |
2,517 |
|
2020 |
2,400 |
2,406 |
|
2021 |
4,101 |
3,779 |
|
2022 |
5,426 |
4,970 |
|
2023 |
5,168 |
4,938 |
234. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment the value of trade in services between Ireland and Northern Ireland for the years 2018 to 2023, broken down by exports and imports per year, in tabular form. [24846/24]
View answerA geographic breakdown of trade in services exports/imports between Ireland and Northern Ireland is currently not available as until recently the CSO survey form only requested services with the United Kingdom. However, the new survey now requests services with ‘Great Britain - UK excluding Northern Ireland’ and ‘Great Britain - Northern Ireland’, so this detail should become available in the future.
235. Deputy Michael Moynihan asked the Minister for Enterprise, Trade and Employment to provide an update on the implementation of the new Employment Regulation Order for workers in the security sector; and if he will make a statement on the matter. [24855/24]
View answerI can confirm that I received a proposal for a new Employment Regulation Order (ERO) for the Security Sector from the Labour Court on 4 June 2024. This will now be given due and timely consideration. If I am satisfied that all legal requirements have been met, I will make an ERO giving effect to the proposal.
236. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment the plans that are in place to update legislation and policy governing the Workplace Relations Commission in relation to self-employment status given the recent Supreme Court case (details supplied); whether this ruling will impact Workplace Relations Commission decisions on employer PRSI; and if he will make a statement on the matter. [24863/24]
View answerIreland 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, for taxation purposes, and/or the Department of Social Protection, for PRSI purposes, for investigation. This is undertaken either solely by the recipient, or jointly with the Labour Inspectorate of the Workplace Relations Commission. The WRC’s Adjudication Service and the Labour Court (on appeal) may also determine employment status as a preliminary issue when adjudicating on employment rights complaints.
The Government welcomes the ruling of the Supreme Court in the Domino’s Pizza case. However, it is important to stress that the case was concerned solely with the proper tax treatment of the workers concerned. The broader question of employment rights was not before the Court and was not considered by it. Although the decision centres on tax legislation, my Department is considering the judgement in the context of our employment rights remit.
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, jointly with the Revenue Commissioners and Workplace Relations Commission.
More generally, work is ongoing in my Department to establish the Employment Law Review Group (ELRG) on a statutory basis. Once established, the ELRG will be a valuable asset in considering complex employment law questions.
237. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment the number of workplace inspections the Workplace Relations Commission carried out in 2023, broken down by month; the number of these inspections resulted in a contravention notice; the number that resulted in a fixed payment notice and/or a compliance notice; and if he will make a statement on the matter. [24864/24]
View answer238. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment to provide a sectoral breakdown of workplace inspections carried out by the Workplace Relations Commission in 2023, broken down by month; the number of these inspections that resulted in a contravention notice, by sector; how many resulted in a fixed payment notice and/or a compliance notice, by sector; and if he will make a statement on the matter. [24865/24]
View answerI propose to take Questions Nos. 237 and 238 together.
The 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.
WRC inspectors carry out inspections of employer records with a view to determining compliance with employment rights legislation. Where contraventions are detected at an inspection, the employer will be advised and a Contravention Notice will issue setting out details of the contravention, the grounds for the Inspector’s determination that a contravention has taken place and the actions required by the employer within a specified deadline (usually 21 days) to demonstrate compliance including, where relevant, the payment of any unpaid wages arising from the contraventions. The Inspector will always, where possible endeavour to work with the employer to achieve compliance.
Where employers do not engage with the Inspector, or do not demonstrate compliance, following the issue of the Contravention Notice, the matter may proceed to prosecution proceedings and, depending on the contravention involved, the issuing of a Fixed Payment Notice and/or a Compliance Notice. Compliance Notices may be issued to employers by WRC Inspectors in respect of specified contraventions of employment legislation.
Current practice and policy are that compliance notices will be issued where employers do not engage with the Inspector, or do not demonstrate compliance, following the issue of a Contravention Notice.
Fixed Payment Notices may be issued to employers by WRC Inspectors in respect of specified offences under employment legislation. Current practice and policy are that fixed payment notices will be issued where employers do not engage with the Inspector, or do not demonstrate compliance, following the issue of a Contravention Notice relating to these offences.
The attached information provides the sectoral breakdown of the number of inspections carried out, and the number of contravention, compliance and fixed penalty notices, issued by the WRC inspectorate in 2023.
239. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment the plans that are in place to make employees aware of their recourse to anonymous complaints through the Workplace Relations Commission inspection service; whether any plans are in place to make employees who do not speak English as a first language aware of their recourse to anonymous complaints through the Workplace Relations Commission inspection service; and if he will make a statement on the matter. [24866/24]
View answerThe Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department. 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.
Employees or former employees can submit complaints to the WRC for investigation by an Inspector. These complaints can be made anonymously via the WRC call centre, by email, or using the WRC website, further details at: Making a Complaint - Workplace Relations Commission
Complaints can cover a range of issues including:
• Failure to pay the National Minimum Wage
• Unauthorised deductions from wages/under-payments,
• Failure to issue payslips,
• Failure to give rest breaks and daily and weekly rest,
• Failure to grant annual leave and/or public holiday entitlements,
• Allowing employees to work in excess of maximum weekly working hours, and
• Failure to provide terms of employment.
The Information and Customer Service Unit of the WRC has also produced printed guides and leaflets in a range of languages to raise awareness of Employment and Equality rights in Ireland and on a regular basis release new video animations which are visual representations of the publications available. The WRC Inspectorate can also call on interpreters as appropriate when carrying out their duties.
Dedicated information on Employment and Equality Legislation is provided on the WRC website at Other Language Publications - Workplace Relations Commission in a variety of languages including:
• Arabic
• Bulgarian
• Filipino
• French
• Hindi
• Indonesian
• Latvian
• Lithuanian
• Mandarin
• Polish
• Portuguese
• Romanian
• Russian
• Slovakian
• Spanish
• Sri Lankan (Sinhala & Tamil)
• Ukrainian
In addition, the WRC website facilitates the use of Google Translate which can translate into over 100 languages.
240. Deputy Alan Kelly asked the Minister for Enterprise, Trade and Employment the last time discussions on strengthening ties between the EU and Indonesia were discussed. [24879/24]
View answerThe EU launched negotiations towards a free trade agreement with Indonesia on 18 July 2016 with the first round taking place in Brussels in September of that year. Eighteen rounds have taken place to date with the most recent occurring in Brussels from 13 to 17 May.
The EU and Ireland have a shared ambition to conclude a comprehensive agreement that facilitates trade and investment by covering a broad range of issues including tariffs, non-tariff barriers to trade, public procurement, intellectual property rights as well as sustainable development.
DG Trade, the EU's trade directorate, regularly debriefs and consults with member states and the European Parliament on the state of play of the negotiations.
The EU and Ireland recognises Indonesia as a country with huge potential, not only by being the country with the fourth largest population in the world, but also as the largest economy in the dynamic ASEAN region where it makes up around one-third of GDP in the trading bloc as a whole. As such, this proposed agreement is of strategic importance in diversifying our supply chains and providing greater opportunities for our exporters.
I wish to assure the Deputy that my Department will continue to monitor engagements with Indonesia and strongly advocate for a balanced deal that secures meaningful provisions that reflect our longstanding commitment to free, fair and open trade.
241. Deputy Michael Fitzmaurice asked the Minister for Enterprise, Trade and Employment the reason the hair and beauty sector that are primarily small businesses in the retail sector, have been excluded from the second payment of the increased cost of business grant; and if he will make a statement on the matter. [24907/24]
View answerBusinesses operating in the hair and beauty sector are included in the second payment for the increased cost of business grant.
The decision to allow for a second, or double, payment for businesses operating in certain sectors was informed by the "An Assessment of the Cumulative Impact of Proposed Measures to Improve Working Conditions in Ireland" Report.
In the Executive Summary, it is noted that it is expected that the cumulative impact of these measures will vary from one sector to another, and even between businesses operating in the same sector.
242. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment when he intends to sign and lay before both Houses of the Oireachtas the draft Security Employment Regulation Order which has been submitted to him by the Labour Court; and if he will make a statement on the matter. [24925/24]
View answerI can confirm that I received a proposal for a new Employment Regulation Order (ERO) for the Security Sector from the Labour Court on 4 June 2024. This will now be given due and timely consideration. If I am satisfied that all legal requirements have been met, I will make an ERO giving effect to the proposal.
243. Deputy Kathleen Funchion asked the Minister for Enterprise, Trade and Employment if early years and childcare providers are entitled to the second round of ICOB payments (details supplied). [24931/24]
View answerAs you are aware the ICOB scheme reopened for registrations on 15 May and closed on 29 May.
It was decided that businesses operating in the hospitality and retail sector would be eligible for a second payment of the grant. Childcare providers are not entitled to the double, or second, payment of the ICOB grant.
This decision was made due to the greater impact that increased costs are having on the hospitality and retail sector, as noted in the assessment carried out by the Department of Enterprise, Trade and Employment and the Department of Social Protection, entitled “An assessment of the cumulative impact of proposed measures to improve working conditions in Ireland”. This report is available on my Department's website.
