The information sought by the Deputy in relation to my Department and its Offices is set out in the tables. Employment Rights Prosecutions and Civil Enforcement Cases
NERA, and its predecessor the Employment Rights Compliance Section of the Department of Enterprise, Trade and Employment, processes both the enforcement of awards of both the Labour Court and the Employment Appeals Tribunal through the Courts (civil enforcement cases) and prosecution cases on behalf of Inspection Services where employers fail to comply with certain employment rights legislation and in situations where employers in the construction industry fail to comply with Orders of the Labour Court.
Tables 1 and 2 show the number of prosecution and civil enforcement cases referred in the years 2004, 2005, 2006, 2007 and 2008 and to end June, 2009.
The majority of the legal costs relating to these cases was borne by the Chief State Solicitor's Office and is not known to NERA. However, NERA did incur costs in respect of legal searches and the registration of a judgement mortgage carried out in advance of certain civil enforcement cases being referred to the Chief State Solicitor's Office. These costs are shown in Table 2.
The provision of legal services by the Chief State Solicitor's Office in support of NERA's prosecution and civil enforcement activities ceased in October 2008. NERA entered into contracts with legal firms in April 2009 for the provision of legal services to NERA. As none of these cases have yet been concluded, the actual costs in each case cannot be determined at this time. For example, of the 29 prosecution cases referred in 2009 to date, summonses have issued in 15 cases.
Table 1: Employment Rights-Prosecutions Referred 2004-2009
Number of Cases Referred
|
Date initiated
|
Case initiated by
|
Nature of Cases
|
Costs
|
29 Cases
|
2009*
|
Minister
|
Breaches of Employment Rights Legislation
|
Costs (to be borne by NERA) not yet determined
|
70 Cases
|
2008
|
Minister
|
As above
|
Costs borne by CSSO
|
98 Cases
|
2007
|
Minister
|
As above
|
Costs borne by CSSO
|
62 Cases
|
2006
|
Minister
|
As above
|
Costs borne by CSSO
|
61 Cases
|
2005
|
Minister
|
As above
|
Costs borne by CSSO
|
54 Cases
|
2004
|
Minister
|
As above
|
Costs borne by CSSO
|
*To end June, 2009.
Table 2: Employment Rights-Civil Enforcement cases Referred 2004-2009
Number of Cases referred
|
Year initiated
|
Case initiated by
|
Nature of Case
|
Costs
|
Legal Searches and other Costs
|
|
|
|
|
|
€
|
0
|
2009*
|
—
|
—
|
Nil
|
0
|
12
|
2008
|
Minister
|
Enforcement of Labour Court or Employment Appeals Tribunal Awards
|
Costs borne by CSSO
|
3,135
|
17
|
2007
|
Minister
|
As above
|
Costs borne by CSSO
|
3,232
|
19
|
2006
|
Minister
|
As above
|
Costs borne by CSSO
|
3,283
|
24
|
2005
|
Minister
|
As above
|
Costs borne by CSSO
|
4,195
|
35
|
2004
|
Minister
|
As above
|
Costs borne by CSSO
|
4,097
|
*To end June, 2009.
Table 3: Freedom of Information cases
Name of Case
|
Date Initiated
|
Case Initiated by
|
Nature of Case
|
Costs
|
Any other Information for the Minister (may or may not be used in Final Reply)
|
Minister for Enterprise Trade and Employment v The Information Commissioner Appeal under S42 of the FOI Act as amended.
|
14 Dec 2004
|
Minister
|
Regarding a decision of the Information Commissioner on 18 October 2004 directing the Department to release records relating to Waterford City Enterprise Board under FOI.
|
CSSO represented the Department.
|
Judgment was delivered on 25 January 2006 in favour of the Department. On the advice of the CSSO the Department did not seek costs, as this would entail a transfer from one vote to another.
|
The Department is unable to supply the details for each individual case, as requested by the Deputy, in the time given. An aggregate number of the cases and costs per annum is provided as follows.
Table 4: Office of the Director of Consumer Affairs cases
|
Year
|
Aggregate Number of Court Cases*
|
Nature of Prosecutions
|
Cost Incurred including VAT
|
Case Initiated by
|
|
|
|
€
|
|
2004
|
8
|
Retail Price (Beverages in Licensed Premises) Display Order, 1999 and contrary to Section 22 of the Prices Acts 1958 to 1972 as amended by the Restrictive Practices (Amendment) Act 1987
|
10,666
|
Office of the Director of Consumer Affairs
|
|
3
|
Consumer Information Act, 1978
|
|
|
|
1
|
European Communities (Labelling of Footwear) Regulations, 1996 and contrary to Section 3 of the European Communities Act 1972
|
|
|
|
9
|
European Communities (Requirements to Indicate Product Prices) Regulations 2002 and contrary to Section 3 of the European Communities Act, 1972
|
|
|
|
4
|
Restrictive Practices (Groceries) Order 1987 and contrary to Section 20 of Restrictive Practices Act, 1972 as amended by the Restrictive Practices (Amendment) Act, 1987
|
|
|
|
3
|
Merchandise Marks Act, 1887, as amended by Section 4(2) of the Consumer Information Act,1978
|
|
|
|
1
|
Consumer Credit Act, 1995: Contrary to Sections 21(1) and 26(1)
|
|
|
2005
|
8
|
Retail Price (Beverages in Licensed Premises) Display Order, 1999
|
**180,334
|
Office of the Director of Consumer Affairs
|
|
4
|
EC (Requirements to Indicate Product Prices) Regulations, 2002
|
|
|
|
1
|
Prices Act, 1958 to 1972
|
|
|
|
4
|
Restrictive Practices Act 1972, as amended by the Restrictive Practices (Amendment) Act, 1987 and of the Restrictive Practices (Groceries) Order, 1987
|
|
|
|
1
|
Consumer Information Act, 1978
|
|
|
Table 4: Office of the Director of Consumer Affairs cases —continued
Year
|
Aggregate Number of Court Cases*
|
Nature of Prosecutions
|
Cost Incurred including VAT
|
Case Initiated by
|
|
|
|
€
|
|
2006
|
14
|
Retail Price (Beverages in Licensed Premises) Display Order, 1999
|
20,243
|
Office of the Director of Consumer Affairs
|
|
22
|
EC (Requirements to Indicate Product Prices) Regulations, 2002
|
|
|
|
5
|
Consumer Information Act, 1978
|
|
|
|
1
|
Merchandise Marks Act, 1887, as amended by Section 4(2) of the Consumer Information Act, 1978
|
|
|
2007
|
1
|
Retail Price (Beverages in Licensed Premises) Display Order, 1999
|
2,148
|
Office of the Director of Consumer Affairs
|
|
5
|
EC (Requirements to Indicate Product Prices) Regulations, 2002
|
|
|
|
1
|
Consumer Information Act, 1978
|
|
|
|
1
|
Charges (Hairdressing) Display Order, 1976
|
|
|
|
1
|
EC (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2002 and 2003
|
|
|
|
1
|
Retail Price (Food in Catering Establishments) Order 1984
|
|
|
Totals
|
99
|
|
213,391
|
|
*The Aggregate number of cases taken refers to cases taken in the year 01 January-01 December inclusive, with the exception of 2007 in which the ODCA was is in existence for the period 01 January-30 April 2007.
**Costs include legal advice sought for a prosecution & appeal brought under the Restrictive Practices (Groceries) Order, 1987
In the course of discharging its functions, the ODCE are involved in taking numerous court proceedings each year. These include a range of civil actions such as applications for the disqualification of directors and applications for directions to comply with legal requirements and criminal prosecutions for breaches of company law as well as a range of other forms of proceedings. Details of the various legal proceedings involving the Office are outlined in the Office's annual report each year (Appendix 3.2.).
The total legal expenses incurred by the Office for each of the years is as follows:
Table 5: Office of the Director of Corporate Enforcement cases
Year
|
€000s
|
2004
|
136
|
2005
|
207
|
2006
|
452
|
2007
|
913
|
2008
|
630
|
2009 (to end-June)
|
594
|
In some cases, costs orders in favour of the Office are made. The amount of costs recovered each year is as follows:
Year
|
€000s
|
2004
|
154
|
2005
|
109
|
2006
|
27
|
2007
|
24
|
2008
|
139
|
2009 (to end-June)
|
1
|
Company and Director prosecutions were taken by the CRO in respect of the failure by companies to file annual returns as required under section 125 of the Companies Act 1963. These cases were prosecuted by the Chief State Solicitor's Office and the full legal costs relating to these cases are not known to the CRO. The only expenses for the CRO were the cost of swearing the Declaration of Service that has to be sworn for each individual summons before the summonses can be entered in the District Court Office — that is usually 10 euro per Declaration. The expenses incurred for each of the years are as follows:
Table 6: Companies Registration Office cases
Year
|
€
|
2004
|
250
|
2005
|
1,660
|
2006
|
1,470
|
2007
|
1,030
|
2008
|
1,220
|
2009 (to end-June)
|
—
|
CRO has also initiated several cases under section 371 of the Companies Act 1963 as amended, seeking an order from the High Court directing companies and their directors to file overdue annual returns. Papers are sent to the Chief State Solicitors Office to serve summonses and the only cost that arises for the CRO is the cost of having an affidavit signed and sworn in each case, which amounts to €12 per affidavit plus €2 for each exhibit that accompanies the affidavit.
The costs incurred for each of the years are as follows:
Year
|
€
|
2004
|
—
|
2005
|
—
|
2006
|
56
|
2007
|
—
|
2008
|
280
|
2009 (to end-June)
|
294
|
The following information should be borne in mind in relation to the data being supplied.
(1) The costs above relate to legal bills only and do not include internal Department staff costs.
(2) In addition to the cases listed above, the Multilateral Trade Policy Section of my Department is dealing with a case at the European Court of Justice. In that case, Ireland is intervening in a situation where the European Commission has asked the Court for an Opinion on the operation of the EU's Common Commercial Policy (i.e. the EU trade policy). To date the work in this case, which was initiated on 18 February 2009, has been carried out by the Office of the Attorney General and the Chief State Solicitor's Office and no fee notes for this work have yet been received.