Written answers

Wednesday, 21 April 2021

Department of Enterprise, Trade and Employment

Covid-19 Pandemic

Photo of Mark WardMark Ward (Dublin Mid West, Sinn Fein)
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167. To ask the Minister for Enterprise, Trade and Employment if further clarification will be provided on when small window cleaning businesses, that is external cleaning on domestic properties, can reopen under the latest restrictions; and if he will make a statement on the matter. [18701/21]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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As you are aware, following the advice of NPHET, the Government made the decision to move the entire country to Level 5 of the Framework for Living with COVID-19 (COVID-19 Resilience and Recovery 2021: The Path Ahead) and for essential retail and services (including childcare) to remain open.

This has been followed by the recent Government announcement of a phased easing of public health restrictions that commenced on 12thApril. Further details of these phases can be found at .

However, all non-essential services must stay closed for now. This is to help reduce the number of people moving about as the variant of the virus, B-117, that we are dealing with now is more transmissible and it is significantly more dangerous. A list of essential services can be found at .

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

Under the current Regulations construction or development of housing, including adaptation and remediation work and work on vacant residential properties, and the provision of support services relating to such construction or development is permitted.

While it may be the case that in certain circumstances residential window cleaning could form part of support services relating to permitted construction and development, the onus is on the individual to ensure they are in compliance with the Regulations.

The full list of essential services and activities currently permitted is set out in S.I. No. 168 of 2021, as amended, and does not include a general category of outdoor work.

The current public health measures will remain in place until 4 May. Government will meet in advance of that date to review the level of restrictions.

Government decisions are not taken lightly, and I am acutely conscious of the impact they have on businesses. That is why the Government has worked to support businesses through this difficult time with a comprehensive range of measures for firms of all sizes. Details of the wide range of COVID-19 schemes and measures for businesses are available on my Department’s website at .

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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168. To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that some large department stores (details supplied) are selling non-essential items in breach of current public health restrictions; the steps he will take in this instance; and if he will make a statement on the matter. [18774/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Under Level 5, in line with public health guidelines, only essential retail outlets will remain open and the current temporary restrictions in Level 5 will stay in place until at least 4 May 2021. Further information can be found on gov.ie.

The decision to move to full scale Level 5 was not taken lightly and all factors were considered.

S.I. No. 168 of 2021 Health Act 1947 (Section 31A - Temporary Restrictions) (COVID-19) Regulations 2021 () clearly sets out the temporary restrictions under Level 5. A list of essential services can be found at and the list of essential retail outlets at Level 5 can be found at

Level 5 does not restrict people from purchasing any product, it does however restrict people from physically going into non-essential stores. This is to stop people making unnecessary journeys, congregating and browsing for non-essential goods, to limit the spread of the virus.

Under the current temporary restrictions while click and collect of non-essential retail items is no longer permitted, click or phone and delivery can continue.

Under consideration from 4 May, subject to prevailing public health situation, is the phased return of non-essential retail commencing with click and collect and outdoor retail, for example: garden centres/nurseries.

We are asking retailers to comply with the current COVID-19 regulations. In particular, we are asking retailers with mixed retail offering which have discrete spaces for essential and non-essential retail to ensure the strict separation of relevant areas.

An Garda Síochána are engaging with retailers and enforcing the regulations where necessary.

Retailers can and have made arrangements, on compassionate grounds, for individual customers to urgently purchase a non-essential item in store. This is only in exceptional circumstances where it is not possible to plan ahead and avail of remote ordering services such as in emergencies.

We are asking retailers to exercise their best judgement and common sense on a case by case basis, to ensure those requiring urgent access to a non-essential item are accommodated.

COVID-19 Resilience and Recovery 2021 - The Path Aheadwhich can be found on , sets out the approach to the next phase, which is subject to ongoing review and taking into account the evolving epidemiological situation.

All decisions taken by Government on the timing of any lifting of restrictions are informed by the public health advice at the time.

I meet regularly with Retail Forum members and representatives from the retail grocery and distribution sector to assess adherence to the public health restrictions.

It is important to monitor gov.ie for the latest information, public health advice and guidelines from Government in relation to COVID-19.

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail)
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169. To ask the Minister for Enterprise, Trade and Employment if the practice of an employer requiring employees, who cannot attend their work premises due to Covid-19 restrictions, to reimburse the employer for the cost of couriering work materials such as files to the employee is prohibited under the Payment of Wages Act 1991; and if he will make a statement on the matter. [18796/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Statutory and contractual employment terms apply in relation to the payment of wages. Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act, 1991.

The Payment of Wages Act 1991 establishes a range of rights for all employees in relation to payment of wages. The Act regulates how wages and salaries are paid and what deductions may be made from same. Under this Act, an employer is not permitted to make deductions from an employee's wages unless the deduction is authorised under the contract of employment, required by statute or is made with the prior written consent of the employee.

If an employee believes that his/her employer has made an unlawful deduction from his/her pay, then s(he) may refer a complaint to the Workplace Relations Commission. Complaints should be made using the online complaint form available on workplacerelations.ie. A complaint must be brought within 6 months of the date of the deduction. The time limit may be extended for up to a further 6 months, but only where there is a reasonable cause which prevented the person from bringing the complaint in the normal time limit.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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170. To ask the Minister for Enterprise, Trade and Employment when outdoor work such as window cleaning outdoors is expected to return; if he will provide details of guidelines on the definition of outdoor work and the plans for outdoor work under current health guidelines. [18847/21]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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As you are aware, following the advice of NPHET, the Government made the decision to move the entire country to Level 5 of the Framework for Living with COVID-19 (COVID-19 Resilience and Recovery 2021: The Path Ahead) and for essential retail and services (including childcare) to remain open.

This has been followed by the recent Government announcement of a phased easing of public health restrictions that commenced on 12thApril. Further details of these phases can be found at .

However, all non-essential services must stay closed for now. This is to help reduce the number of people moving about as the variant of the virus, B-117, that we are dealing with now is more transmissible and it is significantly more dangerous. A list of essential services can be found at .

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

Under the current Regulations construction or development of housing, including adaptation and remediation work and work on vacant residential properties, and the provision of support services relating to such construction or development is permitted.

While it may be the case that in certain circumstances residential window cleaning could form part of support services relating to permitted construction and development, the onus is on the individual to ensure they are in compliance with the Regulations.

The full list of essential services and activities currently permitted is set out in S.I. No. 168 of 2021, as amended, and does not include a general category of outdoor work.

The current public health measures will remain in place until 4 May. Government will meet in advance of that date to review the level of restrictions.

Government decisions are not taken lightly, and I am acutely conscious of the impact they have on businesses. That is why the Government has worked to support businesses through this difficult time with a comprehensive range of measures for firms of all sizes. Details of the wide range of COVID-19 schemes and measures for businesses are available on my Department’s website at .

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