James Lawless (Kildare North, Fianna Fail)
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90. To ask the Minister for Trade, Enterprise and Employment if a business (details supplied) usually categorised the same as cinemas which has three parts, two of which satisfy guidelines, can reopen; and if he will make a statement on the matter. [41462/20]

Leo Varadkar (Dublin West, Fine Gael)
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Following the ending of the 6-week period of Level 5 restrictions, the Government made the decision to move the entire country to Level 3 of the Framework for Living with COVID-19.

The first phase of the gradual reopening coming into effect on Tuesday the 1 December. Further information on the measures in place from 1^stDec can be found at .

Businesses should carefully review measures above and determine whether they can operate or not under the current restrictions. It is not necessary for businesses to seek official authorisation.

As we move from the short-term emergency response approach to a medium-term approach to managing risk and repairing the damage that COVID-19 has inflicted on society it will be possible for different regions and counties to be at a different level to the national level, depending on the incidence of the virus in that particular region or county.

The Government will continue to support businesses through this difficult time with a comprehensive range of measures for firms of all sizes.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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91. To ask the Minister for Trade, Enterprise and Employment the guidelines and measures in place for the operation of outdoor markets under the level 3 guidelines of the Living with Covid Plan [41478/20]

Leo Varadkar (Dublin West, Fine Gael)
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Outdoor markets are permitted under the current restrictions, and fall under the responsibility of the Local Authorities, who must be satisfied that they can be run safely and in line with local authority planning, retail guidance and, in particular their plans to manage public areas in busy town centre areas.

In line with updated Government Health measures, available at: , businesses must implement the required measures in relation to capacity management. Retailers, including market managers / operators / organisers and individual stall holders, must develop plans for the safe operation and protection of staff and customers, including appropriate social distancing, hygiene and cleaning. A designated person(s) with overall responsibility for the safe operations of the market is required. Further information on all requirements are available here: .

A new section of guidance for seasonal experiences has been added to the tourism sectoral guidelines for Visitor Attractions and for Activity Providers, which are published on the Fáilte Ireland website, further information available on . these includes suggestions and recommendations to be borne in mind for stalls, displays, merchandise, equipment, etc, in an outdoor setting.  Although targeted at visitor attractions and activities, this section of the guidance may also be appropriate to outdoor markets.

Businesses are advised to consult the Government Public health advice and the measures outlined in the Resilience and Recovery 2020-2021: Plan for Living with COVID-19 as the COVID-19 situation continues to evolve.

Jackie Cahill (Tipperary, Fianna Fail)
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92. To ask the Minister for Trade, Enterprise and Employment if he will address the holiday pay liabilities currently faced by businesses that were closed due to Covid-19 considering that businesses that could not open and operate during Covid restrictions had their staff in receipt of the pandemic unemployment payment and did not have revenues coming in given that small and medium enterprises in particular are already facing enough financial challenges this year without being unfairly forced to face large holiday and bank holiday pay liabilities; and if he will make a statement on the matter. [41564/20]

Leo Varadkar (Dublin West, Fine Gael)
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The Organisation of Working Time Act 1997 sets out the key parameters around the taking of annual leave and payment of same.  The terms and conditions of individual employment contracts may provide for extra days' leave above what is statutorily required by the Act.

Section 19 of the Act provides that an employee shall be entitled to paid annual leave equal to:

(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) One third of a working week for each month in the leave year in which he or she works at least 177 hours, or

(c) 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 weeks).

If an employee has lost all of their employment due to the current crisis and are in receipt of the Pandemic Unemployment Payment, they are not in a position to accrue annual leave. 

In respect of public holidays, this is also governed by the Organisation of Working Time Act 1997.  For each of the nine public holidays in a year, an employee is entitled to either a paid day off on the holiday, a paid day off within a month of the holiday, an extra day’s annual leave, or an extra day’s pay.  If a person is on temporary lay-off they are entitled to benefit for the public holidays that fall within the first thirteen weeks of lay-off. 

This Government is providing unprecedented amounts of funding to help businesses through Covid-19. The €3.4bn Recovery Fund includes the Covid Restriction Support Scheme (CRSS) which provides for cash payments of up to €5,000 per week for businesses that have been forced to temporarily close  or have only been able to trade at significantly reduced levels as a result of restrictions.

This is in addition to a range of other measures including rates waivers, VAT rate reductions, the employer wage subsidy scheme (EWSS), and various liquidity supports such as low cost microfinance loans and an extension of the Covid-19 Credit Guarantee Scheme (CGS) for new applications until 30 June 2021.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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93. To ask the Minister for Trade, Enterprise and Employment the rationale for the decision taken regarding the operation of bowling alleys under level 3 of the Living with Covid Plan. [41581/20]

Leo Varadkar (Dublin West, Fine Gael)
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I am keenly aware that businesses are making a massive sacrifice to protect their communities and I am committed to ensuring that the Government will offer as much assistance and support as possible.

The Government’s Roadmap for Reopening Society and Business sets out the five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions will be guided by advice received from the National Public Health Emergency Team (NPHET).

I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amends its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

These decisions are not taken lightly, and I am acutely conscious of the impact it is having on businesses. That is why since the beginning of the pandemic, the Government has worked to support businesses through this difficult time with a comprehensive range of measures for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. For a full list of supports for business please see .

Mary Lou McDonald (Dublin Central, Sinn Fein)
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94. To ask the Minister for Trade, Enterprise and Employment the rationale for the decision taken regarding the operating of children’s indoor play areas under level 3 of the Living with Covid Plan. [41582/20]

Leo Varadkar (Dublin West, Fine Gael)
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I am keenly aware that businesses are making a massive sacrifice to protect their communities and I am committed to ensuring that the Government will offer as much assistance and support as possible.

The Government’s Roadmap for Reopening Society and Business sets out the five stages for unlocking the restrictions put in place to contain the Coronavirus, at three week intervals. The Roadmap sets out how we can keep the level of transmission of COVID-19 as low as possible while balancing continuing restrictions in proportion with the positive social and economic benefits which will be brought about by businesses reopening.  It is important to note that all decisions taken by Government on the timing of any lifting of restrictions will be guided by advice received from the National Public Health Emergency Team (NPHET).

I know that employers and employees want to get back to work and I support them in that ambition, but it must be safe to do so.  My Department contributed to the considerations around the phased re-opening of sectors and I will work within Government to secure further details and clarity for businesses as we progress through the phases outlined in the Roadmap.

A wide range of stakeholders including employers, unions and representative groups were consulted and their advice formed part of the considerations when drawing up the Roadmap. It is a living document and Government has the ability to amends its plans depending on the circumstances existing as we progress through each phase. It will be subject to regular review in the context of the progression or suppression of the disease in Ireland or new guidance or research that emerges from other sources.

These decisions are not taken lightly, and I am acutely conscious of the impact it is having on businesses. That is why since the beginning of the pandemic, the Government has worked to support businesses through this difficult time with a comprehensive range of measures for firms of all sizes, which includes the wage subsidy scheme, grants, low-cost loans, write-off of commercial rates and deferred tax liabilities. For a full list of supports for business please see .