Written Answers Nos. 74-93
74. Deputy Ruairí Ó Murchú asked the Minister for Enterprise, Trade and Employment the supports being provided to support small and medium enterprises to deal with the increased cost of business; and if he will make a statement on the matter. [43544/24]
View answerI am acutely aware and recognise the challenges facing SMEs right across the country. They are crucial to our towns and villages. That is why the Government has brought forward a substantial range of measures to reduce costs and enhance support for small businesses.
Earlier this year, I announced a second payment of grants under the Increased Cost of Business Scheme (ICOB), for businesses in the hospitality and retail sectors. In total, ICOB has successfully paid out over €244 million to 75,000 SMEs, including a double payment over 38,000 SMEs in the retail and hospitality sectors right around the country.
As part of Budget 2025, I announced an allocation of €170 million to the Power Up Grant which builds on the success of the Increased Cost of Business Scheme. This grant is for businesses in the hospitality, retail sectors who received a second payment of the ICOB grant. These businesses are now in line to receive a €4,000 Power Up Grant once they continue to meet the eligibility requirements.
Under Power Up, it is intended that businesses in the hospitality, retail sectors who became rateable in 2024 may be eligible. Officials in my Department are currently working on final details and implementation of the new scheme.
I also announced changes to the Local Enterprise Office Energy Efficiency Grant . The Energy Efficient Grant supports capital investment by businesses to reduce carbon emissions based on energy efficiency projects. The scheme supports companies to reduce their carbon emissions and overall energy costs by accelerating the adoption of low carbon technologies or processes identified through a Green for Business, Green Start or SEAI Energy Audit. The grant now offers 75% of project costs, up to a maximum of €10,000. Applications are open since 12 July.
The LEO Digital for Business consultancy assists businesses in understanding digitalisation and its benefits, and developing a digital roadmap for the business, contributing to the overall target of basic digital intensity for small businesses. Digital for business is free with no cost to the applicant.
On 4 September the Grow Digital Voucher was launched. Under this new offer, the funding available has been increased to up to €5,000 and the eligibility criteria expanded to cover a wider range of digital interventions available to a broader range of businesses compared to the Trading Online Voucher.
I launched the National Enterprise Hub on 10 July 2024, it is a new all-of-government service, funded through my Department and operated by Enterprise Ireland. It is staffed by expertly trained advisors and is focused on helping businesses access a range of government supports.
More broadly, there were a number of enterprise tax measures announced in Budget 2025 which will be of relevance to businesses operating in the sector. These include:
• Changes to the CGT Retirement Relief to support intergenerational transfers;
• Raising the VAT registration threshold to €85,000 for goods and €42,500 for services;
• Enhancements to the Small Company Start Up Relief;
• Increasing the Small Benefit Exemption Limit to €1,500, and the number of benefits allowable from 2 to 5 annually; and
• A €125 increase in the Earned Income Tax Credit.
75. Deputy Richard Bruton asked the Minister for Enterprise, Trade and Employment the extent to which there is untapped potential for clustering in Ireland; and if he will make a statement on the matter. [43501/24]
View answerPublished in December of 2022, the Government's White Paper on Enterprise 2022-2030 sets out Ireland`s industrial policy for the medium- to long-term, with the aim of ensuring Irish-based enterprise succeeds through competitive advantage founded on sustainability, innovation and productivity and delivering rewarding jobs and livelihoods. The White Paper marks a step change in the recognition of clustering in the Irish context, acknowledging it as a key tool for achieving enterprise policy objectives. These include driving innovation, attracting and embedding FDI, developing linkages between multinationals and indigenous firms and driving the twin transitions of green and digital.
Ireland already has a rich and vibrant clustering ecosystem which includes the 12 clusters currently being funded under the Regional Technology Clustering Fund. That fund was recently extended for a further two year period, which will enable the continuation of the work of these clusters and bring state support of these clusters to six which is in line with international best practice for funding of clusters.
The White Paper on Enterprise proposes the establishment of a National Clustering Programme (NCP), with a target to fund up to 5 national cluster organisations by 2025 subject to available funds. I am pleased to announce that my Department has received a dedicated funding stream for the National Clustering Programme in the recent budget, which marks a further step forward in the recognition of the value of clustering. As you will appreciate, the amount of funding for the National Clustering Programme will not be finalised until the Revised Estimates are published at the end of November. However, I am very pleased to have secured a dedicated fund for the National Clustering Programme which will enable us to deliver the White Paper’s vision for a more coordinated approach to clustering in Ireland and ensure we can fully harness the potential which clustering presents for enhancing competitiveness.
77. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 49 of 11 July 2024, the details of his engagement with the Department of Foreign Affairs in respect of all dual-use and military export licence applications for goods manufactured in Ireland granted for export to Israel since October 2023; the number of times such applications were refused on foot of engagement with the Department of Foreign Affairs or otherwise; and if he will make a statement on the matter. [43210/24]
View answerMy Department is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of dual-use goods. Controls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The EU dual-use regulation has direct effect across the EU. The Control of Exports Act 2023 streamlines and strengthens the existing Irish export control framework, replacing the Control of Exports Act 2008, and provides for effective, proportionate and dissuasive penalties for infringements of the regulation’s provisions.
On receipt of an application for an export licence, my officials carry out a thorough risk assessment and evaluate all available information. This assessment includes a series of checks (including consultations with technical experts where relevant) to ensure, as far as possible, that the item to be exported will be used by the stated end-user for the stated end-use and will not be used for illicit purposes. As part of their assessment, my officials seek the views of the Department of Foreign Affairs in respect of all applications for export licences, including those destined for Israeli end users.
Both my own Department and the Department of Foreign Affairs, on request of my Department, review all dual-use export licence applications against the eight assessment criteria set out in Council Common Position 2008/944/CFSP. The Department of Foreign Affairs provides observations against those criteria in respect of these applications.
The vast majority of dual-use goods exported from Ireland, including to Israel, are mainstream business ICT products, both hardware and software (networking, data storage, cybersecurity etc) that are categorised as dual-use items as a consequence of the fact that they incorporate strong encryption for ICT security purposes.
In the period from October 2023 no denials have issued for applications related to the export of dual use items to Israel.
There are no military exports from Ireland to Israel and no applications have been received in the period from October 2023 to now.
78. Deputy Willie O'Dea asked the Minister for Enterprise, Trade and Employment with regard to his recent statement that “it is imperative that all stakeholders fully commit to supporting the reforms implemented through the Action Plan for Insurance Reform to fully deliver the benefits to businesses, communities and citizens across our country”, if he satisfied that all stakeholders are fully committed; and if he will make a statement on the matter. [43426/24]
View answerThis Government has prioritised reform of the insurance sector via our ‘Action Plan for Insurance Reform’ published in December 2020. The Action Plan set out 66 actions to create a more competitive, stable and consumer-friendly insurance environment. The action plan is now almost complete.
Among key actions completed are the introduction of the Personal Injuries Guidelines; legislation to re-balance the duty of care; the reform and strengthening of the Injuries Resolution Board; and measures to tackle insurance fraud.
The substantial reforms carried out by Government, have made a significant difference in tackling the identified issues of the insurance sector including insurance fraud, high volume and high-cost personal injury claims and duty of care legislation.
Since the introduction of the Personal Injuries Guidelines in April 2021 we have seen a significant reduction in the cost of injury claims. Awards by the Injuries Resolution Board totalled €170 million in 2023 down 38% on the total awards of €275 million in 2019. The volume of injury claims has also considerably decreased. The number of injury claims to the Board last year was down 35% on 2019 figures.
Additionally, in 2023 the Injuries Resolution Board delivered savings of over €75 million in avoided costs due to personal injury claims being resolved through the Board’s non-adversarial model of assessment rather than proceeding to litigation.
I and my colleagues across Government, have fully delivered on our ambitious programme of reform. We now expect that the insurance sector play their part and that the benefits of the reform programme are reflected in both the availability and cost of insurance policies.
79. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment if he will report on the status of proposed legislation to remove the blanket exclusion of members of the Defence Forces from the protections of the Working Time Directive; and when he intends to publish a heads of Bill. [43204/24]
View answerThe Organisation of Working Time Act 1997, which transposes the EU Working Time Directive into Irish law, sets out minimum rest and maximum working time for employees as well as holidays and other miscellaneous issues. The Defence Forces are currently excluded from the provisions of the Act in its entirety.
The Department of Defence holds policy and budgetary responsibility for this area, but the working time legislation falls under my remit as Minister for Enterprise, Trade and Employment. Officials in my Department are working to develop the appropriate legislative mechanism to bring the Defence Forces within the scope of the Act as soon as possible.
I understand that there is ongoing and detailed consultation with the Department of Defence to ensure that the Defence Forces can continue to fulfil their essential state functions once they are under the ambit of the Act. Officials are also engaging with the Office of the Attorney General on the matter.
The drafting of legislation, especially on such an important area, can be complex and it is therefore it is difficult to give a definitive timeline for publication. However, this is a priority for the Tánaiste, Minister Burke and myself and indeed for the wider Government.
On this basis, a decision has been made to amend primary legislation by way of Regulations under the European Communities Act 1972 and I would hope that a Statutory Instrument can be finalised by the end of the year to remove the blanket exclusion of the Defence Forces from the Working Time Directive.
As has been previously stated, this piece of work is hugely important for each member of our Defence Forces. The implementation of the Working Time Directive is rightly seen as an important retention measure, and will ensure that health and safety protections, as prescribed in the Directive, are afforded to serving personnel.
80. Deputy Robert Troy asked the Minister for Enterprise, Trade and Employment if he will consider introducing an export credit guarantee scheme. [43435/24]
View answerMy Department regularly explores ways to support businesses and to create an environment which stimulates their growth. This includes the potential to adopt new methods which may prove useful to enterprises such as the possibility of an export credit insurance scheme.
A state supported export credit insurance scheme would only be permissible, under EU rules, where private sector insurance is unavailable and where there is a clear market failure. While my department currently offers state supports for exporters such as training, it is understood that export credit insurance is widely available from the private market.
In recent years, my Department examined the availability of both export and domestic trade credit insurance in the context of the COVID-19 crisis. In 2021, my Department commissioned a review to assess the potential need for a state-backed export credit insurance scheme. This review involved engagement with trade credit insurers and other relevant stakeholders.
This review concluded that sufficient levels of export credit insurance are available from the private market in Ireland found and at market prices.
It is important that Government intervention is focused on those areas where there is a market failure.
81. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment the extent to which he and his Department continue to make efforts to ensure an adequacy of both manufacturing and service jobs in the future, with particular reference to the need to cater for any fallout in the event of a drop off in foreign direct investment; and if he will make a statement on the matter. [43513/24]
View answerIreland’s labour market has shown remarkable resilience given the challenges Ireland has faced in recent years, including Brexit, the pandemic, the war in Ukraine, and global inflationary pressures.
According to the latest employment figures from the CSO’s Labour Force Survey, published on 22nd August 2024, total employment stood at 2.74 million. There are now more people employed in Ireland than ever before. As per the CSO Statistical Release on Monthly Unemployment from the beginning of October, the seasonally adjusted national unemployment rate was 4.3% in September 2024.
This record-breaking labour market performance reflects the continuing success of Ireland’s enterprise policy in sustaining and expending employment. To ensure that this momentum is maintained, my Department published the White Paper on Enterprise in December 2022, which sets out Government`s enterprise policy for the period through to 2030. The White Paper on Enterprise details how we will deliver on our ambition of a vibrant, resilient, regionally balanced and sustainable economy made up of a diversified mix of leading global companies, internationally competitive Irish enterprises and thriving local businesses. In particular, it seeks to ensure the continued creation of rewarding jobs and livelihoods across Ireland.
In order to achieve this ambition, Government has set out seven enterprise policy objectives in the White Paper; integrating decarbonisation and net zero commitments, placing digital transformation at the heart of enterprise policy, advancing Ireland’s FDI and trade value proposition, strengthening the Irish-owned exporting sector, enabling locally trading sectors to thrive, stepping up enterprise innovation, and building on Ireland`s existing strengths and opportunities, through a clustering approach.
I am aware that it is essential that Irish enterprise has access to a pool of high quality, adaptable and flexible talent to ensure that the objectives outlined in the White Paper on Enterprise are realised. In order to meet this demand, my Department works closely with stakeholders across Government, in particular the Department of Further and Higher Education, Research, Innovation and Science and its agencies, along with 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 is also working closely with the Department of Social Protection in implementing Pathways to Work, and with it the labour market activation of the unemployed, groups under-represented in the workforce, and workers transitioning to more viable roles or sectors as our economy evolves.
Government policies aimed at creating an attractive environment for both indigenous enterprise and foreign direct investment and enhancing the availability of talent to employers – supplemented by measures such as those announced in May 2024 and in Budget 2025 to help our small and medium sized enterprises maintain competitiveness and sustain jobs in the context of increased costs – have resulted in record-breaking levels of job creation being achieved in Ireland. The fact that this is occurring in the context of ongoing international economic and geopolitical turbulence is testament to the quality of decision making and we are determined to build on this momentum.
82. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment his plans to suspend the export of dual-use goods to Israel in light of the finding in the International Court of Justice of a case of plausible genocide being undertaken by Israel against the people of Palestine; and if he will make a statement on the matter. [43211/24]
View answerControls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.
The vast majority of dual-use goods exported from Ireland, including to Israel, are mainstream business ICT products, both hardware and software (networking, data storage, cybersecurity etc) that are categorised as dual-use items as a consequence of the fact that they incorporate strong encryption for ICT security purposes. Each export licence application, including those indicating an end destination in Israel, are carefully considered by my officials in accordance with criteria set out within the relevant dual-use and military EU and National Regulations and with Ireland’s international obligations and responsibilities as members of non-proliferation regimes and export control arrangements.
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.
The Government continues to closely follow the case initiated by South Africa against Israel under the Genocide Convention at the International Court of Justice, particularly in light of Ireland’s stated intent to intervene in the proceedings. The Court’s Order for additional provisional measures of 28 March requiring Israel to ensure the unhindered provision at scale of urgently needed basic services and humanitarian assistance, in recognition of the dire situation unfolding in Gaza, was welcomed by the Government because it is our view that the Court has essentially ordered Israel to assist in the distribution of aid. The Court found that Palestinians had a plausible right to be protected from genocide and ‘that there existed a real and imminent risk that irreparable prejudice would be caused’ to that right before the Court gives its final decision in the case.
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.
83. Deputy Cormac Devlin asked the Minister for Enterprise, Trade and Employment his response to the annual report from the Injuries Resolution Board; and if he will make a statement on the matter. [43335/24]
View answerI welcome the 2023 Annual Report from the Injuries Resolution Board. The report provides further evidence of what has been achieved through government’s ‘Action Plan for Insurance Reform’.
In 2023 the Board’s work delivered savings of over €75 million in avoided costs due to injury claims being resolved through the Board’s non-adversarial model rather than proceeding to what can be costly and time consuming litigation.
I am pleased to see that the annual report shows that last year saw the highest engagement with the Board since its establishment in 2004, with a 71% consent rate for a Board assessment.
This Government said that we would bring down the costs of personal injury claims and the annual report shows that both the costs and volume of injury claims have now substantially reduced since the introduction of the Personal Injuries Guidelines.
The Board made awards of €170 million in 2023 compared to awards of €275 million back in 2019. The median award by the Board in 2023 was €11,650, down 37% from 2020. The volume of injury claims received by the Board last year was down 35% on the number of claims received in 2019.
The annual report highlights the expansion of the Injuries Resolution Board’s services last year following the reform of the agency as set down in the ‘Action Plan for Insurance Reform’. Together with the assessment of compensation for injury claims, the Board now offers a mediation service to facilitate the resolution of employer and public liability injury claims. It is intended to extend this mediation service to motor liability injury claims before the end of the year. Mediation will allow the Board to accept a much wider range of claims than previously.
The Board now has a wider reporting and research role, bringing much needed data to the personal injuries environment. It has already published in depth reports into the data generated by its handling of employer liability and public liability claims.
The Board also retains more complex injury claims and has introduced new anti-fraud measures. Beginning in 2023 the agency also facilitates the resolution of injury claims under the Garda Síochána (Compensation) Act 2022.
I want to thank the Injuries Resolution Board for their continued work in facilitating the resolution of personal injury claims. These are real savings that we need to see reflected in insurance premiums.
84. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment the assurances he can provide that dual use export licences have not been granted in relation products or services with military applications to end users based in Israel that produce or offer military good or services. [43205/24]
View answerControls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The EU dual-use regulation has direct effect across the EU.
Any exporter intending to export a dual-use item outside the EU must engage with my Department. Exporters must have internal compliance procedures and do adequate due diligence on their customers to ensure they meet the requirements set out in the dual use regulation. Each export licence application, including those indicating an end destination in Israel, are carefully considered by my officials in accordance with criteria set out within the relevant dual-use and military EU and National Regulations and with Ireland’s international obligations and responsibilities as members of non-proliferation regimes and export control arrangements.
On receipt of an application for an export licence, my officials carry out a thorough risk assessment including a series of checks to ensure, as far as possible, that the item to be exported will be used by the stated end-user for the stated end-use and will not be used for illicit purposes. As part of the application, the exporter must provide an end-user certificate, which is a declaration from the end-user that the goods will be used for the intended purpose. My officials seek the views of the Department of Foreign Affairs in respect of all applications for dual use export licences, including those destined for Israeli end users. Both my own Department and the Department of Foreign Affairs review all dual-use export licence applications against the eight assessment criteria set out in Council Common Position 2008/944/CFSP.
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. Audits and inspections are carried out to guard against any potential breach of the dual use regulation. Providing false or misleading information or being reckless as to whether it is false, or misleading is an offence under the Control of Exports Act 2023. It is worth noting that the vast majority of dual-use goods exported from Ireland, including to Israel, are mainstream business ICT products, both hardware and software (networking, data storage, cybersecurity etc) that are categorised as dual-use items as a consequence of the fact that they incorporate strong encryption for ICT security purposes.
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.
85. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 480 of 9 September 2024, when the next meeting of the business and human rights stakeholder forum will take place; and if he will make a statement on the matter. [43357/24]
View answerThe Department of Foreign Affairs and the Department of Enterprise, Trade and Employment established a dedicated Business and Human Rights Stakeholder Forum with the participation of individuals with relevant expertise and responsibilities from key organisations across business, civil society, trade unions and academia to assist with the development of the second National Action Plan on Business and Human Rights.
Following the first meeting of the Forum, the two Departments presented a set of draft action points forming the basis of the new National Plan to stakeholders at the second Forum meeting in June this year. Stakeholder members were provided the opportunity to present written feedback to be considered. This feedback is being reviewed across relevant Government Departments to ensure the actions are deliverable during the lifetime of the plan.
As many of the suggested actions relate to the work of other Government Departments, it is important their feedback is received to understand their respective positions and to put in place a set of actions that are feasible, actionable and specific. Officials from my Department and the Department of Foreign Affairs continue to liaise with the relevant officials across Government. It is taking time to work through the suggested updated actions as some of the updates are technical in nature. This work is ongoing and once complete, it will be presented to the Stakeholder Forum. No date has been confirmed for the next meeting of the Forum.
The finalised plan will cover a multi-annual timeframe and will reflect new developments in the international understanding of business and human rights, including new EU instruments. It will also align with the commitment in the Programme for Government to ‘ensure that the Action Plan on Business and Human Rights is further developed to review whether there is a need for greater emphasis on mandatory due diligence’.
86. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment to report on the progress of the Enterprise Ireland innovation scheme; the plans for the future of the scheme; and if he will make a statement on the matter. [43502/24]
View answerThe Smart Regions Enterprise Innovation Scheme was launched in October 2023. In total, the Scheme offers up to €145 million in funding across four distinct streams, supporting activities and projects based on a triple helix partnership model of collaboration between academia, industry and Government.
The Scheme includes a funding stream for capital infrastructure to support new builds as well as renovation or upgrading of existing facilities and also a funding stream for design and delivery of programmatic supports to businesses. This funding will ensure that approved projects can support SMEs, entrepreneurs and businesses in expansion and growth.
Funding streams have different specific aims designed to complement businesses in different ways, and these aims are represented by differing funding amounts and different requirements around access to the associated funds. In brief, the streams are as follows:
Stream 1: Local infrastructure projects funded at between €1 million and €10 million. Eligible costs include construction costs, building acquisition costs, architectural and engineering design fees and fit out and equipment costs.
Stream 2: Innovation clusters and consortia projects with funding availability of up to €2 million. This stream is designed to maximise enterprise collaboration through clustering and thereby stimulate growth and development of new or established clusters and consortia in a regional, cross-regional or national setting.
Stream 3: Innovation services to SMEs funded at between €200,000 and €1 million. This stream is designed to facilitate support services to SMEs which drive innovation solutions and enhance their competitiveness in a rapidly changing business environment.
Stream 4: Feasibility and Priming Grants. This stream is further broken down into two separate parts: feasibility study funding with support of up to €50,000 and priming funding with support of up to €200,000, both of which are intended to allow ground work preparation to be carried out ahead of larger projects.
Enterprise Ireland, which administers the Smart Regions Enterprise Innovation Scheme, has received a lot of interest in the Scheme, and a number of projects have recently had funding approved. There are additionally a number of other applications that are currently proceeding through the application process. I anticipate making a formal announcement of successful projects that have been funded to date in the coming weeks.
Potential applicants for Smart Regions funding are encouraged to contact Enterprise Ireland to discuss their plans further. Call 1 currently remains open for applications for funding across all four streams.
87. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 479 of 9 September 2024, the status of the development of the next Action Plan on Business and Human Rights; when the plan will be published; and if he will make a statement on the matter. [43213/24]
View answerI recognise the importance of businesses having a focus on human rights in their operations as there is a strong expectation from society to do so. Businesses have reacted well since Ireland launched its first National Plan on Business and Human Rights (2017 - 2020) towards the end of 2017.
Ireland became the 19th state in the world to develop a National Plan. In December 2021, a review of the implementation of the Plan was brought to Government. It found that over 91% of commitments under the Plan were achieved, with plans to implement the remainder.
The new Plan is expected to cover a multi-annual timeframe as was covered in the first Plan. It is intended to build on the achievements of the first National Plan, while reflecting new developments in the international understanding of business and human rights, including new EU instruments. It will also align with the commitment in the Programme for Government to ensure that the National Plan on Business and Human Rights ‘is further developed to review whether there is a need for greater emphasis on mandatory due diligence’.
Last year, following a public consultation process on the framing of a second National Plan, the Business and Human Rights Stakeholder Forum was established to bring together representatives from Government, civil society, trade unions, business and academia. The second meeting of the Forum was held on 6 June 2024 where the draft proposed actions were discussed. Forum members subsequently offered detailed written feedback concerning the actions, which reflect the three-pillar structure of the United Nations Guiding Principles on Business and Human Rights.
The Department of Foreign Affairs and officials from my Department continue to engage with other Government Departments to address the feedback from stakeholders, some of which is technical in nature, to effectively take forward the most appropriate actions prior to any further meeting of the Forum. This includes bilateral discussions with individual Departments to address the feedback received and establish concrete actions, which are ongoing. Following this process, a more complete draft will be presented at the Forum for agreement. A date for the next meeting is yet to be confirmed, nor is a date for publication finalised.
88. Deputy Cormac Devlin asked the Minister for Enterprise, Trade and Employment how the Injuries Resolution Board is generating savings which would otherwise have been spent on expensive and prolonged litigation; and if he will make a statement on the matter. [43336/24]
View answerIn 2023 the Injuries Resolution Board delivered savings of over €75 million in avoided costs due to personal injury claims being resolved through the Board’s non-adversarial model rather than proceeding to litigation. These are real savings that should be passed onto insurance policy holders.
In the 20 years since its establishment the agency is estimated to have contributed to savings of over €1.1 billion which would otherwise have been spent on resolving claims through litigation.
The Central Bank’s ‘National Claims Information Database Employers’ Liability and Public Liability Insurance Mid-Year Report’, published in July this year, shows that for the first half of last year average legal costs for injury claims settled through litigation was €35,038. This compares to an average legal cost of €893 for claims settled through the Injuries Resolution Board. It is hard to comprehend why the cost of litigation should be almost 4,000% higher than that of the work of the Board.
Since the introduction of the Personal Injuries Guidelines in April 2021 we have seen a significant reduction in the cost of injury claims. The median Injuries Resolution Board award in 2023 was €11,650, down 37% from €18,459 in 2020.
The number of injury claims has also decreased substantially since 2019. Last year 20,263 personal injury claims were received by the Injuries Resolution Board. This is 35% lower than the number of claims received in 2019.
Last year saw an all-time high engagement by stakeholders with the Board, with a 71% consent rate for a Board assessment being the highest since the establishment of the agency.
The annual report highlights the expansion of the Injuries Resolution Board’s services last year following the reform of the agency as set down in government’s ‘Action Plan for Insurance Reform’.
This reform has seen the agency expand the types of cases it can assess, take on an enhanced research and reporting role, and strengthen its powers to combat fraud. Significantly the Board has also now introduced mediation as a new service to facilitate the settling of personal injury claims. The mediation service has commenced for employer and public liability injury claims.
I intend to extend this mediation service to motor liability injury claims before the end of the year, which should lead to further savings in personal injury claims.
89. Deputy Pauline Tully asked the Minister for Enterprise, Trade and Employment if he has introduced additional controls on non-listed dual-use items because of human rights considerations; and if he will make a statement on the matter. [43586/24]
View answerMy Department is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of dual-Use goods. Controls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The EU dual-use regulation has direct effect across the EU. The recently commenced Control of Exports Act 2023 streamlines and strengthens the existing Irish export control framework, replacing the Control of Exports Act 2008, and provides for effective, proportionate and dissuasive penalties for infringements of the regulation’s provisions.
Each application for an export licence received by the Department is carefully reviewed against the eight assessment criteria set out in Council Common Position 2008/944/CFSP. Criterion 2 of this Common Position, outlines that an export licence application should be denied where there is a clear risk that the equipment to be exported might be used for internal repression and in addition outlines that special caution and vigilance should be exercised in issuing licences, on a case-by-case basis and taking account of the nature of the equipment, to countries where serious violations of human rights have been established by the competent bodies of the United Nations, by the European Union or by the Council of Europe.
Article 5 of the EU’s Dual-Use Regulation provides for the introduction of export controls for non-listed dual-use items intended for use in cyber-surveillance that could facilitate serious human rights violations. This includes technologies such as interception tools, spyware, or equipment that can monitor or track individuals. Exporters must seek authorisation if they are aware, or have been informed, that the items could be used in such contexts.
The Control of Exports Act 2023 provides the authority to control not only listed items but also non-listed items through "catch-all" controls. This mechanism allows Ireland to regulate exports of items not explicitly listed in the EU's Dual-Use Regulation if there are concerns about their potential end-use or end-user.
Catch-all controls are used by the Department to ensure that the export of specified items, while not on the control list, are controlled under the Dual Use Regulation. These catch-all controls apply to named companies exporting specified items and provide assurance that these items will not be used for a potential military end-use.
90. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment if he is going to implement the EU Directive on adequate minimum wages by 15 November; and if he will make a statement on the matter. [43536/24]
View answerThe 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:
• 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.
• 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.
• 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 minimum wage and collective bargaining 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, although there will be some amendments to the National Minimum Wage Act 2000 to bring the framework completely into line with the Directive. No new legislation is required on the collective bargaining elements of the Directive.
It is expected that the transposition deadline of 15th November 2024 will be met.
91. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment how his Department assists small businesses to boost productivity; and if he will make a statement on the matter. [43533/24]
View answerMy Department, through the Local Enterprise Offices (LEOs), provides supports to small businesses to enhance their productivity and improve their competitiveness, as well as assisting businesses in addressing the challenges of doing business. The LEOs' range of competitiveness and productivity supports are designed to help businesses address some of their most challenging issues – namely saving time, money and energy.
As part of the implementation of the LEO Policy Statement, the eligibility criteria and allowable expenditure of these supports has been reviewed and streamlined so that small businesses, in almost all sectors are eligible for productivity and competitiveness funding.
Under the Energy Efficiency Grant, a small business can get funding for a number of practical measures to help reduce their long-term energy costs including upgrading to LED lighting, replacing heat pumps, and upgrading refrigeration units, ovens and dishwashers. The grant amount available under the EEG has been increased up to a maximum of €10,000, with a 75% contribution rate from Government.
The Green for Business programme provides free consultancy that helps a business identify the practical steps they can take to become more energy efficient and sustainable and is a prerequisite of any Energy Efficiency Grant application.
The Digital for Business programme has been opened up to businesses with up to 50 employees across all sectors. This programme provides small businesses with free consultancy from a digital expert to help small businesses prepare and implement a plan for the adoption of digital tools and techniques across the business.
Under the Grow Digital Voucher, funding of up to €5,000 is available to small businesses with up to 50 employees to cover a wider range of digital interventions to support businesses on their digitalisation journey, including e-commerce software, e-invoicing software, cyber security software, as well as analytics software including Artificial Intelligence systems.
There is also a wide range of high-quality business and management development programmes that are tailored to meet specific business requirements available to business owners through their LEO, all of which seek to assist small businesses across the country in identifying the potential to increase their productivity and become more sustainable enterprises.
92. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment if he is planning to increase paid sick leave days to seven days, from 1 January 2025 as previously promised; and if he will make a statement on the matter. [43535/24]
View answerIn line with the requirements of Section 6 of the Sick Leave Act 2022, to inform my decision in respect of the next phase in the roll-out of the statutory sick leave (SSL) scheme, research is being conducted by my Department on the impact of statutory sick leave to date.
Officials in my Department worked with the Economic and Social Research Institute (ESRI) on the first phase of this research which has now been completed. This work resulted in the identification of certain informational and data gaps, including data required to identify workers and firms who are currently covered by a company sick pay policy.
In order to bridge these gaps, my Department sub-contracted a market research company to conduct a firm-level survey, representative of the sectoral and size distribution of Irish companies. The results from the survey have been received and are currently being analysed by officials from the Irish Government Economic and Evaluation Service (IGEES).
It is anticipated that the resulting research will be finalised this quarter and used as part of the evidence base to inform my decision on any potential increase to the entitlement. It is important to bear in mind that this is a relatively new form of research, as the Sick Leave Act itself has only been in operation since January 2023 and a comprehensive analysis of the sick pay landscape has not been undertaken to date.
An order to vary the Statutory Sick Leave entitlement cannot be made before 1 January 2025.
93. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment whether he has had any recent engagements with stakeholders in the Irish film and audiovisual industry about improving income, employment security and other rights to those working in the industry; and if he will make a statement on the matter. [43537/24]
View answerOfficials from my Department have previously engaged with officials from the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media as the Department with policy responsibility for the film and audiovisual industry in Ireland.
I have responsibility for a robust suite of employment rights legislation which protects all workers, including those employed in the film and audiovisual industry. It is important to note that all employers, regardless of sector, are responsible for ensuring that their employees receive the protections afforded them under employment legislation. There is no exemption or separate category under Irish employment law for individuals working in the film, TV and audio-visual sectors.
It is my understanding that work in the film, TV and audio-visual sectors is typically project based. As such, workers are often hired on fixed-term contracts for the duration of a project. Specifically, the Protection of Employees (Fixed-Term Work) Act 2003 transposes Council Directive 1999/70/EC concerning the Framework Agreement on Fixed-term Work. It provides for the improvement of the quality of fixed-term work by ensuring the application of the principle of non-discrimination (i.e. fixed-term workers may not be treated less favourably than comparable permanent workers). The Act also provides for the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts.
If an employee has worked on the basis of a fixed-term contract and has had two or more fixed term contracts, the combined duration of the contracts is limited to a maximum of four years. After this, if the employer wishes the employee to continue in its employment, it must be on the basis of a contract of indefinite duration unless the employer has objective grounds for renewing the contract of employment again on a fixed-term basis. Reasons for renewing a fixed-term contract have been held to be reasonably justified if they:
(a) correspond to a real need on the part of the undertaking,
(b) are appropriate with a view to achieving the objective pursued, and
(c) be necessary to that end.
The Workplace Relations Commission is an independent body set up to adjudicate in individual cases. If an employee in the film, TV or audio-visual sectors has a query about their employment status or believe they may not be receiving all of the protections they are entitled to, the WRC is there to help, through the provision of information as well as an adjudication service. The WRC also operates a labour inspection service to ensure compliance with employment legislation.
