Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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283. To ask the Minister for Culture, Heritage and the Gaeltacht the number of persons employed in the Irish film industry; if the conditions of employment of workers and performers in the Irish film industry are improving; if the film industry producers benefitting from section 481 tax credit system are meeting the requirements for quality and fair employment and training and sustainable industry development; and if she will make a statement on the matter. [2778/23]

Catherine Martin (Dublin Rathdown, Green Party)
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Government policy supports the film and television sector in a number of ways to create an attractive environment for film production, including through international film co-production treaties, the section 481 tax credit and funding for Screen Ireland.

Screen Ireland is the national development agency for the Irish film, television and animation industry, investing in talent, creativity and enterprise with a mission to support and promote Irish film, television and animation through fostering Irish artistic vision and our diverse creative and production talent, growing audiences, and attracting filmmakers and investment into the country.

The Audiovisual Action Plan sets an ambitious target to grow employment in the sector. Work has been ongoing on an inter-departmental and inter-agency basis and has put in place appropriate conditions in which the industry can flourish. A key emphasis is placed on developing workers in the sector with significant focus on career paths through lifelong learning and upskilling.

An Economic Analysis of the Audiovisual Sector in the Republic of Ireland by Olsberg SPI with Nordicity Report in 2017 showed that there were a total of 11,960 employed in the category of Film, TV and animation.

Screen Ireland compiles statistics on the numbers of cast, crew, trainees and extras employed on Screen Ireland funded projects. This data is available at: www.screenireland.ie/industry-insights/screenireland-data

The section 481 tax relief is available to qualifying films, to film producer companies on particular expenditure provided certain conditions, as laid out in statute and regulations, and as specified in the film certificate issued by my Department, are met. It is a relief calculated on the basis of eligible expenditure incurred in the production of a film and applicant companies who meet the requirements of the scheme can claim a payable tax credit of up to 32% of eligible expenditure. Applicants are required to provide a commitment to quality employment as part of the application process and it is a standard condition of each certificate issued that both the producer company and qualifying company must continue to comply with the conditions of the undertaking whilst producing the film. Recipients of the relief must also comply with obligations in relation to upskilling to be provided to workers over the course of the production.

Quality employment is employment which complies in all material aspects with all applicable laws including but not limited to all obligations in the field of environmental, social and employment law that apply at the place where the Services are provided, that have been established by EU law, national law, and collective agreements. It also requires that the employer is in compliance with employment, remuneration, taxes, immigration and work permits for all personnel and has in place written policies and procedures on grievances, discipline and dignity at work (including harassment, bullying and equal opportunity) as well as ensuring that any Workplace Relations Commission findings relating to the employer and to any related companies are being followed. Where an applicant fails to satisfy or comply with a condition or obligation specified in a certificate, any credit claimed subsequent to that certificate may be an unauthorised amount and may be subject to recoupment by Revenue.

Where individuals believe they are being deprived of employment rights, they may make a formal complaint to the Workplace Relations Commission (WRC) where the matter will be dealt with by way of mediation or adjudication leading to a decision that may be enforceable through the District Court.

WRC inspectors can also be asked to investigate breaches of employment legislation or complaints arising from alleged breaches. Complaints can be submitted online. Both the WRC and the Labour Court operate under the aegis of the Department of Enterprise, Trade and Employment.

Last year, I launched Safe to Createwhich is a Dignity at Work programme aimed at bringing change on the culture and practices of the arts sector in Ireland. It is a framework of supports to assist organisations to provide safer working conditions for artists and arts workers. The programme is managed by the Irish Theatre Institute, on behalf of the Department and in partnership with the Arts Council, Screen Ireland and Minding Creative Minds. The planned outcome of the Programme is to transform culture and practices through training, information, voluntary compliance and certification, and provide key support for victims/survivors in the areas of reporting, counselling, and legal advice. I also announced funding towards this Programme under Budget 2023.

The Safe to Createwebsite marks the start of this programme of work by providing a Dignity at Work Toolkit for organisations and individuals in the creative sector and this can be accessed at this link: www.safetocreate.ie/. This is a resource-rich website, featuring practical information, guidance, toolkits and templates for artists, arts workers and organisations regarding ‘Dignity at Work’ rights and responsibilities.

There is a 24-hour wellbeing and support programme provided to all of the arts, culture and creative sectors by Minding Creative Minds. It now has been enhanced to feature specialist trauma and abuse counselling for victims of harmful behaviour. The programme includes a free 24/7 dedicated phone line; confidential one-to-one counselling; and access to legal advice.

A training programme has been developed specifically for the arts and creative sectors on ‘Dignity at Work’ issues, including topics of tackling bullying and harassment, bystander training and unconscious bias (created in partnership with Screen Ireland).