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Tuesday, 11 Jun 2024

Written Answers Nos. 244-260

Legislative Measures

Questions (244)

Jennifer Whitmore

Question:

244. Deputy Jennifer Whitmore asked the Minister for Enterprise, Trade and Employment the reason for the delays in bringing forward the Employment Regulation Order for security officers; when the EROs will be signed into legislation; and if he will make a statement on the matter. [24972/24]

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Written answers

I can confirm that I received a proposal for a new Employment Regulation Order (ERO) for the Security Sector from the Labour Court on the 4th 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.

EU Directives

Questions (245)

Mark Ward

Question:

245. Deputy Mark Ward asked the Minister for Enterprise, Trade and Employment when the EU Directive on adequate minimum wages will be implemented by the Government; if apprentices will be included in this; and if he will make a statement on the matter. [25060/24]

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Written answers

The Directive on Adequate Minimum Wages in the European Union was published on 19th October 2022 and must be transposed by 15th November 2024. The Directive aims to ensure that workers across the European Union are protected by adequate minimum wages allowing for a decent living wherever they work.

The Directive includes three sets of measures:

1. One of the goals of the Directive is to increase the number of workers who are covered by collective bargaining on wage setting. It will require Ireland to develop an action plan to enhance collective bargaining coverage by the end of 2025.

2. To ensure minimum wages are set at adequate levels, the Directive also requires countries with statutory minimum wages, as in Ireland, to put in place clear and stable criteria for minimum wage setting, indicative reference values to guide the assessment of adequacy, and to involve social partners in the regular and timely updates of minimum wages.

3. The Directive provides for improved enforcement and monitoring of the minimum wage protection established in each country. The Directive introduces reporting by Member States on its minimum wage protection data to the European Commission.

My Department has received legal advice on the minimum wage elements of the Directive and work is underway to ensure transposition by the deadline of November 2024. Legal advice is that Ireland’s current minimum wage setting framework, namely the Low Pay Commission, is largely already in compliance with the provisions of the Directive.

A technical group has been established with Department officials and the social partners to examine what is required to implement the collective bargaining elements of the Directive. My Department has also requested legal advice as to whether any legislative change is required in order to transpose these elements into Irish legislation by the transposition deadline at the end of the year.

The Directive does not aim to harmonise the level of minimum wages across the EU, or to establish a uniform method for setting them, but obliges Member States to put in place clear and stable criteria for minimum wage setting.

Currently, apprentices are exempted from the right to receive the National Minimum Wage. When the National Minimum Wage was introduced in 2000, it was determined that apprentices would be excluded from the Act in recognition of the unique nature of such apprenticeships and the fact that a long-established practice for determining rates, which adequately protected apprentices, already existed. It was recognised that apprenticeships offered a unique combination of education and work experience, and that exempting apprentices from the National Minimum Wage would promote and encourage employers to focus on training apprentices, and offering opportunities to them, while at the same time recognising the cost to employers in terms of time invested and productivity forgone.

With the majority of apprenticeships, the rate of pay is agreed between the apprentice and the employer. For the 25 craft apprenticeship programmes, the minimum rates of pay applying under the employment contract are either agreed within the relevant sector, or are set out in the legally binding sectoral employment orders recommended by the Labour Court.

While any review of apprentice rates is a matter for the appropriate industrial relations structures as outlined above, the Department of Further and Higher Education, Research, Innovation and Science has responsibility for apprenticeship policy as it relates to education and training. That Department is engaging with stakeholders to consider the issue of apprentice pay and their inclusion in the National Minimum Wage.

Grant Payments

Questions (246)

Francis Noel Duffy

Question:

246. Deputy Francis Noel Duffy asked the Minister for Enterprise, Trade and Employment if he is aware that a county council (details supplied) was not made aware that the increased cost of business grant was extended, which resulted in them missing the deadline; if he will extend the grant deadline to account for this; and if he will make a statement on the matter. [25071/24]

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Written answers

On 15 May, Government announced that the ICOB scheme would be re-opened for registrations until 29 May and that businesses operating in the hospitality and retail sectors would be eligible for a second, or double, payment of the grant.

My officials have been working closely with the Local Government Management Agency on the administration of this scheme and during the reopening period, all local authorities received new registrations.

With the registration process now closed, 80,289 businesses, representing 67% of the total number of potentially eligible businesses, have registered.

Homeless Accommodation

Questions (247)

Bríd Smith

Question:

247. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment in relation to the Dublin Simon Community 100 bed health and addiction care facility located at Usher's Island, Dublin 8, if he can now confirm that the operational funding required will be in place before the opening of this critical and much needed development in Dublin city centre; and if he will make a statement on the matter. [25118/24]

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Written answers

This is not a matter for the Department of Enterprise Trade and Employment.

The Department of Health, the HSE and the Department of Housing are committed to working collaboratively to enhance access to healthcare and drug treatment services for people who are homeless. The Department of Health has allocated dedicated multi-annual funding of c €47 million to the HSE for the provision of healthcare services for people who are homeless. This includes additional funding of €5m in 2024 to maintain and consolidate improvements in healthcare services for people who are homeless and to provide healthcare supports for a further 260 tenancies under the Housing First programme.

An example of this collaboration is the joint funding for the new medical and addiction care facility being developed by the Dublin Simon Community at Ushers Island. The Department of Housing has provided capital funding of c €35m to Dublin Simon Community to construct a medical and addiction treatment facility for people who are homeless, with capacity for up to 100 beds. The Department of Health has committed to provide additional funding to meet the ongoing operational costs associated with the delivery of health services in the new facility, subject to the necessary funding being approved through the Estimates process. It was estimated in 2019 that an additional €3m in funding would be required to meet full year costs when the new facility is fully operational.

There are two phases in commencing the new facility. Phase one is to move the existing 51 beds from decanted facilities into the new facility. Funding for these beds is provided by the HSE, the Dublin Regional Homeless Executive and Dublin Simon Community. Phase two is to increase the capacity of the new facility to provide an additional 49 beds.

New development funding of €1m is available in 2024 to meet the additional operational costs of the new facility. The business case for the additional 49 beds, including costings, is currently being reviewed by the HSE in conjunction with the Dublin Simon Community. 

Before the Department of Health can move forward with allocating additional funding for the operational costs of the 100-bed facility, it is critical that the funding for current service provision for the 51 beds is secured. The Department is in discussions with the HSE,  the Department of Housing and Dublin Simon Community to ensure that the funding for Phase one of this initiative is secured.  

Minister of State at the Department of Health, Minister Colm Burke, is committed to working collaboratively with the Minister for Housing to provide additional funding to meet the ongoing operational costs associated with the delivery of healthcare services in the new medical and addiction care facility being developed by the Dublin Simon Community at Ushers Island.

Employment Rights

Questions (248)

Imelda Munster

Question:

248. Deputy Imelda Munster asked the Minister for Enterprise, Trade and Employment the status regarding the Employment Regulation Order for security officers in 2024; if he has received a proposal from the Labour Court in relation to a new ERO; and if he will make a statement on the matter. [25124/24]

View answer

Written answers

I can confirm that I received a proposal for a new Employment Regulation Order (ERO) for the Security Sector from the Labour Court on the 4th 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.

Departmental Data

Questions (249, 250)

Leo Varadkar

Question:

249. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment to provide the most up to date numbers on the opening of new hospitality businesses and closures of such businesses; and whether there is any evidence of an increase in closures, net and gross. [25145/24]

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Leo Varadkar

Question:

250. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment to provide the most up to date numbers on the opening of new retail businesses and closure of such businesses; and whether there is any evidence of an increase in net or gross closures. [25146/24]

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Written answers

I propose to take Questions Nos. 249 and 250 together.

It has not been possible to compile the requested information in the time available. However, I expect to be in a position to provide this information to the Deputy in the coming days.

Question No. 250 answered with Question No. 249.

The following deferred reply was received under Standing Order 51.

Employment Rights

Questions (251)

Pádraig Mac Lochlainn

Question:

251. Deputy Pádraig Mac Lochlainn asked the Minister for Enterprise, Trade and Employment if the recent Employment Regulation Order for the Contract Cleaning Industry, which provides for a pay increase for the sector that she signed, will involve backdating the pay increase to 1 April 2024 when the agreed payment increase was due to take effect; and if he will make a statement on the matter. [25422/24]

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Written answers

The proposal for a new Employment Regulation Order (ERO) for the Contract Cleaning Industry was received from the Labour Court on the 22 April 2024.  After consideration by the Minister as required by legislation, it was approved by the Minister for Business, Employment and Retail on 21 May 2024 and came into effect on 1 June 2024.   Employment Regulation Orders do not have retrospective effect. 

Departmental Contracts

Questions (252)

Catherine Murphy

Question:

252. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if he will provide a schedule of all contracts they have and/or had with a company in the past 25 years to date (details supplied); the agreed contract cost; the ultimate contract cost including extras, design changes, conciliation, claims etc; project name/title; and the name of the body responsible for the delivery of projects where responsibility has been devolved. [25472/24]

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Written answers

I can confirm that my Department has had no contracts with BAM construction and subsidiaries and companies under the BAM group. The buildings occupied by my Department are either owned or leased on our behalf by the Office of Public Works and the engagement of contractors to carry out any works is the responsibility  of the Office of Public Works.

Employment Rights

Questions (253)

Bríd Smith

Question:

253. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if he has read the communication from an organisation (details supplied) regarding the delay in signing the new Employment Regulation Order for security officers; if he acknowledges that security officers are some of the most poorly paid workers in the State and are struggling to pay their bills as a result; if he will commit to signing the ERO immediately ensuring that security workers are granted the increase they are entitled to; if he will confirm when this will happen; and if he will make a statement on the matter. [25528/24]

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Written answers

There has been no delay in signing a new Employment Regulation Order (ERO).  Minister Higgins received the proposal for a new ERO for the Security Sector from the Labour Court on the 4th June 2024.  This will now be given due and timely consideration.  If Minister Higgins is satisfied that all legal requirements have been met, she will make an ERO giving effect to the proposal.

Industrial Development

Questions (254)

Catherine Murphy

Question:

254. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the number of Turkish companies IDA Ireland has engaged with in relation to setting up within the State in the years of 2023 and to date in 2024, in tabular form. [25534/24]

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Written answers

IDA Ireland has a focus on the Turkish market in seeking appropriate investments and while IDA Ireland has engaged with Turkish companies with a view to establishing international operations in Ireland over the period in question, the number is commercially sensitive information.

More broadly, IDA Ireland has offices in 25 overseas locations, covering 55 countries, and continuously reviews its strategic approach to winning investment for Ireland. The IDA presents prospective investors with value propositions tailored to meet their particular strategic challenges and needs, partnering with potential and existing clients to help them to grow or expand their international operations in Ireland. In this regard, the Turkish market is served by the IDA Asia Pacific team.

Special Educational Needs

Questions (255)

Frankie Feighan

Question:

255. Deputy Frankie Feighan asked the Minister for Education the reason a girl based in County Leitrim (details supplied) cannot access a full-time SNA given the severe difficulties experienced by the young girl and the progressive nature of this condition; and if she agrees that Leitrim children’s disability network should be allocated a physiotherapist for its client base. [25222/24]

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Written answers

Enabling 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.

The NCSE is responsible for planning and coordinating school supports for children with special educational needs including the allocation of Special Needs Assistants (SNAs). SNAs are allocated to schools as a school based resource and schools deploy SNAs in a manner which best meets the care support requirements of their students. 

The NCSE has confirmed that the SNA allocation has not reduced in the school referred to by the Deputy, nor has the school requested a review of its SNA allocation. Any school who feels that their allocation is insufficient to meet the needs of its students can apply to the NCSE for a review. Detailed information on the NCSE exceptional review process is published on the NCSE website. 

The provision of health-related therapy services, including physiotherapy, is a matter for the HSE and queries in relation to therapy services should be directed to the HSE or to the Department of Children, Equality, Disability, Integration and Youth.

Matters in relation to the HSE’s Children's Disability Network Teams, the treatment abroad scheme, waiting times for MRI scans and the availability of expertise for the treatment of rare medical conditions should also be directed to the HSE.

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. 

Schools Building Projects

Questions (256)

Robert Troy

Question:

256. Deputy Robert Troy asked the Minister for Education the status of an application for additional accommodation by a school (details supplied); and if she will make a statement on the matter. [24605/24]

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Written answers

I can confirm to the Deputy, that my Department is in receipt of an application for capital funding, under the Additional School Accommodation (ASA) scheme, from the school in question.

Since 2020, my department has invested in the region of €4.8 billion in our schools throughout the country, involving the completion of over 800 school building projects and with construction currently underway at approximately 300 other projects, which includes 30 new school buildings. These 300 projects currently at construction involve a total State investment of over €1.2bn.

We also have a large modular accommodation programme delivering urgently needed school places. This is a record level of investment in our schools and highlights the Government’s very strong track record of delivery in providing additional capacity and modern facilities for our school communities.

The purpose of my Department’s Additional School Accommodation (or ASA) scheme is to ensure that essential mainstream classroom accommodation and accommodation for pupils with special education needs is available to cater for pupils enrolled each year, where the need cannot be met by the school’s existing accommodation or at other schools in the area.

At primary level, this situation generally arises to cater for a school’s accommodation requirements where an additional teaching post has been sanctioned by Teacher Allocation Section, or the requirement for a new class for pupils with special education needs has been identified by the National Council for Special Education (NCSE), and all available alternative accommodation within the school is already being used for classroom purposes.  The capacity at other schools in the area is also considered as part of the assessment of any accommodation needs.

I can confirm that the application from the school in question is currently being considered by my officials. Once the assessment process has been finalised the school authority will be notified of the decision directly. 

Schools Building Projects

Questions (257)

John Brady

Question:

257. Deputy John Brady asked the Minister for Education the status of a building project for a school (details supplied); to confirm if a site has been identified; and when it is anticipated that this project will commence. [24620/24]

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Written answers

A potential property has been identified to provide permanent accommodation for the school referred to by the Deputy.

An architectural consultant has determined that it is feasible to develop this site and property to provide the accommodation required by the school.

Given the sensitivities associated with acquisitions generally I am not in a position to comment further at this time.

The Department will continue to address the interim accommodation requirements for the school and will continue to keep the patron body and school community updated.

I wish to assure you that the provision of a permanent location for this school is a priority for the Department.

Schools Building Projects

Questions (258)

John Brady

Question:

258. Deputy John Brady asked the Minister for Education to provide an update on the building project for a school (details supplied); to confirm at what stage matters are currently at; and when it is anticipated that building works will commence. [24621/24]

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Written answers

As the Deputy will be aware, the Department is progressing the acquisition of a site at Fassaroe, Bray, Co. Wicklow as a permanent location for the school to which he refers.  In that context, the project brief for a new 1,000 pupil school building for the school in question is currently being finalised by my Department and it is our intention to progress the project into architectural planning as soon as possible.

It is not possible at this point to give an indication of the timeframe for the commencement of construction, particularly in the context of inter-dependencies between the school delivery and adjacent housing infrastructure provision.  However, I can assure the Deputy that my Department will continue to work to progress this project and will continue to liaise with the school patron in this regard.

Schools Building Projects

Questions (259)

John Brady

Question:

259. Deputy John Brady asked the Minister for Education when it is likely that building works will commence for a school (details supplied).; and if she will make a statement on the matter. [24622/24]

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Written answers

The permanent building project for the school referred to by the Deputy, will deliver a new 1,000 pupil post-primary school with accommodation, including 4 classrooms, for children with special educational needs. The project is being delivered under my Department’s Design & Build programme.

A Letter of Acceptance (LOA) issued to the successful contractor on 31/05/24, which will allow the contractor to begin to mobilise on site. Initial site works will commence as soon as the contractor has mobilised and the construction duration for the project is estimated at some 65 weeks.

School Enrolments

Questions (260)

John Brady

Question:

260. Deputy John Brady asked the Minister for Education to provide an update on the allocation of the remaining secondary school places for those pupils in Greystones, County Wicklow, who are still awaiting confirmation of a secondary school place (details supplied); and if she will make a statement on the matter. [24623/24]

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Written answers

I can assure the Deputy that the 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.

The Department is aware of pressures for school places for the 2024/25 school year in Greystones.  

Following further consultation with Patrons in the Greystones school planning area, Greystones Community College has increased their intake by an additional class group for first year in 2024/25.  The school, its Board of Management and Kildare and Wicklow ETB are making this additional provision in recognition of the best interests of the community in Greystones and this is very much welcomed by the Department.  Following on from the recent issue of the letter of intent to the successful contractor, the Department continues to work to advance the new school building project for Greystones Community College to enable the letter of acceptance to be issued and then thereafter for construction to commence as soon as possible.  My Department will continue to engage with KWETB to ensure that the school’s accommodation needs will continue to be met pending the completion of the new school, particularly in the context of the increased enrolment.   

Planning for 2025/26 first year place needs in Greystones has already commenced, including direct engagement with patrons.  Furthermore, and as part of its forward planning, my Department has also requested all of the patrons in Greystones and Kilcoole to consider how the admissions process for their schools could be improved for the 2025/26 first year intake.  My Department has offered its support in this regard.

The Deputy will appreciate that there can often be significant overlap across areas and schools and the nature of the admissions processes is quite complex.  As a result, there can be multiple iterations, where applicants may accept a place but subsequently be offered and accept a place at a second school, freeing up capacity at the first school accepted. 

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 Greystones school planning area 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 the 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.   

In relation to the permanent building project for Greystones Community College, this project will deliver a new 1,000 pupil post-primary school and accommodation, including 4 classrooms, for children with special educational needs and is currently at Stage 3, tender stage.    

With regards to project delivery, my Department recently announced the issuing of Letters of Intent to successful contractors for Lot 6 of the Department’s Design & Build programme comprising 10 schools, including 3 campus projects, across two different bundles. One of these bundles includes the 1,000-student school for Greystones Community College. This is one of the largest bundles of new school projects undertaken to date by the Department of Education, comprising some 83,000m2 of new state of the art facilities catering for almost 8,000 students including facilities for special classes.  These new school buildings are flagship developments in their area and will provide new and modern facilities to help cater for growing populations due to significant rollout of housing developments. The new 1,000 student school for Greystones Community College is a top priority for delivery within this programme. The issue of the Letters of Intent is a significant milestone in the progression of these important flagship projects. The next major milestone will be the issue of the Letters of Acceptance to the successful contractors.  This will be done following further engagement with the successful contractors in relation to their tenders for the design and construction of the new schools.  This engagement will also provide clarity on the contractor’s programme of works for the delivery of the projects and their timelines in respect of same.

Department officials will continue to actively engage with schools and patrons to ensure that there is appropriate provision for all students in Greystones for the 2024/25 school year and into the future. Families can be assured that any necessary solution will be delivered so that all of the children in the Greystones school planning area will receive a first year place.

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