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Tuesday, 4 Dec 2012

Written Answers Nos. 238-259

Public Sector Reform Review

Questions (238)

Mary Lou McDonald

Question:

238. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 19 of 21 November 2012, if it is the case that he does not intend to review the grading structure of the public service [53811/12]

View answer

Written answers

The commitment in the Programme for Government is that we will review the grading structure of the civil service and public service and reduce number of management grades. As stated in my reply of 21st November, 2012, under the Public Service Reform Plan my Department is reviewing the grading structure of the Civil Service. The review of the grading structure in other sectors of the Public Service is a matter for the relevant parent Department in each case.

Legislative Programme

Questions (239, 251)

Seán Fleming

Question:

239. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the position regarding the Construction Contracts Bill; when his Committee Stage amendments will be published; and if he will make a statement on the matter. [53824/12]

View answer

Tom Fleming

Question:

251. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will expedite the enactment of the Construction Contracts Bill as many contractors are under existing legislation are not receiving their due payments in a timely fashion forcing many contractors to shed workers and in some cases close down and go out of business; if he will immediately reactivate the Bill to ensure that the 98,000 persons still employed in construction jobs are able to stay in employment. [54543/12]

View answer

Written answers

I propose to take Questions Nos. 239 and 251 together.

The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, my colleague Minister of State Brian Hayes is working with Senator Feargal Quinn to develop the Senator’s private member’s Construction Contracts Bill into a robust piece of legislation. The Bill has passed Second Stage in the Dáil. During the Second Stage reading of the Bill, Minister Hayes signalled to the House his intention to bring proposals to Government on Committee Stage amendments dealing with issues that would include:

- Thresholds: In order to ensure that the legislation applies to the majority of Construction Contracts the scope of the legislation will be broadened by reducing or removing the current monetary thresholds contained in the Bill.

- Adjudication: This issue of making adjudication awards binding for both the public and private sectors is a complex issue. It is important to strike the right balance between giving this legislation the necessary enforcement provisions, whilst ensuring that the application of the legislation is equitable and the taxpayer is safeguarded.

When these and a number of other issues have been examined, Minister Hayes will bring proposals to Government in advance of Committee Stage early in the New Year. This is an important piece of legislation aimed at creating a more level playing field between contractor and subcontractor in the construction sector. Therefore it is essential that these complex issues are properly assessed so as to avoid imposing unnecessary regulatory or cost burdens on parties in dispute, the State or others.

Capital Programme Expenditure

Questions (240)

Seán Fleming

Question:

240. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform in respect of the October Exchequer returns, the reason the capital spending for his Department was €16m below profile for this period; his plans to ensure that the full capital spending is implemented before the end of the year; and if he will make a statement on the matter. [53835/12]

View answer

Written answers

The Office of Public Works (OPW) has a capital allocation for 2012 of €103.75m. It also has a deferred capital carryover allocation from 2011 of €8m. Capital spending was behind profile at the end of October, as expenditure on Flood Relief Schemes and New Works, Alterations and Additions was less than expected. Capital expenditure to the end of November is €89.687m, €7m behind a published profile of €96.819m. At this stage, it is expected that the full capital allocation will be required by the OPW Vote in 2012.

Budget 2012

Questions (241)

Stephen Donnelly

Question:

241. Deputy Stephen S. Donnelly asked the Minister for Public Expenditure and Reform if he will outline all impact analysis on budget 2012 conducted before and after the budget came into effect; and if he will make a statement on the matter. [53873/12]

View answer

Written answers

Budget 2012, presented in December last year, was prepared in light of a major body of analytical work that was conducted across all Departments in the context of the Comprehensive Review of Expenditure (CRE) 2011. The main findings of that Review, and the detailed expenditure allocations across each area, were set out in last December’s Comprehensive Expenditure Report 2012-2014; and indeed that body of analysis, together with supplementary analyses carried out under the terms of the new Public Spending Code, has informed the allocations to be set out in tomorrow’s Expenditure Report 2013. All of the analyses conducted under the 2011 CRE are available on the website of my Department, www.per.gov.ie. Further information on the analysis conducted in each area, including impacts on particular groups and sectors, may be sought from the Ministers and Departments concerned.

Public Procurement Tenders

Questions (242)

Clare Daly

Question:

242. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the specification and to which cost was the revamped etenders.gov.ie website built. [53999/12]

View answer

Written answers

Between 2003 and 9th November 2012 the government’s e-Tenders website was a public sector portal that allowed public sector bodies publish tender notices on government and public sector procurement across Ireland. It did not have the functionality to allow many other aspects of the procurement process to be completed electronically. In September 2011, the National Procurement Service issued a tender specification for a fully managed electronic tendering system to meet Ireland’s requirements in relation to electronic public procurement and be compliant with the European Union requirements.

The specification was to provide additional functionality including: eAssessment, eAwarding, eAuctions and Contract Management amongst others. The specification was drawn up following an in depth market analysis by a cross-agency steering group, including representatives from the HSE and Departments of Finance and Justice and Equality. Research included presentations of systems by some of the leading service providers in the market place. The actual specification did not seek a software development solution, but a rather an off the shelf solution to the upgraded website. The specification itself is extremely detailed and following a competitive open procedure, the contract was awarded to EU Supply, a Swedish based company. The National Procurement Service has a five year contract with EU Supply for this upgraded system at a cost of €33,874.50 per quarter. The previous service provider was recently charging €57,690 per quarter, which included some data migration to the new service provider.

Public Sector Pensions Levy

Questions (243)

Mary Lou McDonald

Question:

243. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide in a tabular form the annual benefit to the Exchequer of the public sector pension related deduction since its introduction; if he will confirm when he intends to withdraw this emergency measure. [54030/12]

View answer

Written answers

The annual benefit to the Exchequer of the civil service pension levy, as notified by Departments and offices, since its inception in 2009 is set out in the following table. The figures shown in the following table do not include pension related deductions arising from the Local Authorities.

€m’s

2009

2010

2011

Civil Service Pension Levy

840.5

954.3

968.3

In 2009, it was agreed that local authorities should retain employee pension related deductions (PRDs) and that the general purpose grant payments should be made net of these retained deductions. As part of the Financial Emergency Measures in the Public Interest Act 2009, local authority employee PRDs were to be remitted back to the Exchequer. In the local government sector this was achieved after the baseline for the Exchequer contribution to the Local Government Fund was removed, which allowed the Exchequer to determine its annual contribution to the Local Government Fund with reference to the PRDs retained annually by the local authorities. Budgeted PRD in the local government sector amounted to €78.9m in respect of 2010; €78.1m in respect of 2011; and €78.3m in respect of 2012. The question of discontinuing the PRD does not arise at this time.

Public Procurement Contracts Tenders

Questions (244)

Seán Fleming

Question:

244. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he re-examine the prequalification criteria in respect of turnover of contractors who wish to tender for public contracts; and if he will make a statement on the matter. [54104/12]

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Written answers

The assessment of a tenderer’s financial and economic standing is a key part of any procurement process. Establishing the appropriate suitability criteria that are relevant and appropriate to a particular contract is, of course, a matter for the contracting authority concerned. This is because the contracting authority is in the best position to gauge the appropriate levels of financial capacity that are appropriate to the needs of that specific contract. Therefore there are no centrally imposed requirements for a minimum turnover. Such requirements would logically be developed on a case by case basis with reference to the specific needs of the contract.

The Government recognises that the small and medium enterprise (SME) sector is very important to the economy and that public procurement can be a source of business for SMEs. In this regard, my Department has issued public procurement guidelines to public bodies which are aimed at facilitating greater participation of SMEs in public procurement opportunities. In relation to suitability criteria, the guidelines stress that public bodies must ensure that any criteria/turnover levels set by them must be both justifiable and proportionate to the needs of the contract.

Cross-Border Co-operation

Questions (245)

Peadar Tóibín

Question:

245. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will outline projects which his Department cooperates with the Department of Finance and Personnel in the North. [54162/12]

View answer

Written answers

My Department works with the Department of Finance and Personnel Northern Ireland in the overall management of the PEACE III and INTERREG IVA Programmes and as co-sponsor Departments of the Special EU Programmes Body, which is responsible for the management and implementation of the Programmes.

The Department of Public Expenditure and Reform and the Department of Finance and Personnel are the Accountable Departments for Theme 2.1C Collaboration between Public Sector Bodies and provide funding for projects under this theme. The projects for which Letters of Offer have been accepted under Theme 2.1C are:

Lead Partner

Project Title

Donegal County Council

Women into Public Life

Centre for Cross Border Studies

The Ireland/ Northern Ireland Cross-Border Cooperation Observatory

DHSSPS

Driving Change

RNIB Northern Ireland

Sensory Engagement Project

The Cedar Foundation

ConneXions

Caldonian Maritime Assets Ltd

Small Ferries Strategic Plan

The Educational Guidance Service for Adults (EGSA)

Deaf Communications Infrastructure Development

EBR - East Border Region Ltd

Administration Costs

ICBAN - Irish Central Border Area Network

Administration Costs

NWRCBG - North West Region Cross Border Group

Administration Costs

COMET Interreg Partnership

Administration Costs

NEP - North East Partnership

Administration Costs

NEP Business Improvement Districts

NEP Business Improvement Districts

EBR - East Border Region Ltd

Action for Biodiversity

ICBAN - Irish Central Border Area Network

Central Border Region Spatial Planning Initiative

EBR - East Border Region Ltd

Energy Efficiency & Micro Generation Project

EBR - East Border Region Ltd

East Border Region “Promoting Balanced and Sustainable Cross Border Development”

NWRCBG - North West Region Cross Border Group

Urban and Village Renewal Programme

NWRCBG - North West Region Cross Border Group

SPACEial North West

My Department and the Department of Finance and Personnel also jointly fund Priority 3.1 Technical Assistance for both the PEACE III and INTERREG IVA Programmes.

Cross-Border Co-operation

Questions (246)

Gerry Adams

Question:

246. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will provide details of the type and frequency of north south engagement his Department undertakes; his current priorities in this area; the number of whole time equivalent staff assigned to these matters; the grades involved and the amount of time each grade spends on north south activities as a proportion of their WTE employment; the coodination arrangements that have been put in place; if there are any current vacancies in north south cooperation units; the duration of these vacancies and the steps being taken to fill these vacancies. [54376/12]

View answer

Written answers

My officials and I are directly involved in ongoing and frequent North South engagement. Officials within my Department work closely with the Department of Finance and Personnel (DFP) in Northern Ireland as joint sponsor Departments of the Special EU Programmes Body, one of the North South implementation bodies established under the Good Friday Agreement. Officials also work closely with the Special EU Programmes Body and DFP with regard to the management and implementation of the EU co-funded cross border programmes, PEACE III and Interreg IVA. This work is undertaken within the framework of the North South Ministerial Council and I regularly meet with my Northern Ireland counterpart at the North South Ministerial Council in Special EU Programmes format to advance this work. My Department also works with DFP in other cross-cutting areas relating to the administration and governance of the North/South implementation bodies established under the British-Irish Agreement. I also attend the North South Ministerial Council when it meets in plenary format.

The current priorities in this area are the management and implementation of the PEACE III and Interreg IVA programmes and beginning the planning for the new round of funding for the 2014-2020 period. Responsibility for North South issues is located within my Department’s EU/North South Unit with 1 Principal Officer, 1 Assistant Principal Officer and 1 Higher Executive Officer specifically responsible for North South matters in a wider European funding context, with assistance and involvement of other officers as required on specific issues. There are no vacancies at present in the team.

Questions Nos. 247 to 249, inclusive, answered with Question No. 233.

Cross-Border Co-operation

Questions (250)

Gerry Adams

Question:

250. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he has failed to meet any commitments to finances committed under the Peace Programme operated by the SEUPB [54400/12]

View answer

Written answers

The PEACE III Programme is a cross-border Programme funded by the European Union and the Northern Irish and Irish Governments. The Programme has a total value of €333m. The Special EU Programmes Body is the Managing Authority for the Programme. The Irish Government has met all of its commitments under the PEACE III Programme. Peace projects range from small local projects to large capital build projects such as the €16.5m Peace Bridge over the River Foyle in Derry, completed in 2011, and the €20m Peace-building and Conflict Reconciliation centre for the Maze Long Kesh site approved in December 2011.

Question No. 251 answered with Question No. 239.

Cross-Border Co-operation

Questions (252)

Gerry Adams

Question:

252. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if the Special European Union Programmes Body measure 1.1 Regional has been oversubscribed; if so, the amount by which it has it been oversubscribed; if other measures have been similarly oversubscribed; and the steps the SEUPB is taking to ensure projects receive their full allocation as per SEUPB steering group decisions of 28 and 29 November 2011. [54548/12]

View answer

Written answers

The PEACE III Programme is co-funded by the EU, Northern Ireland and Ireland and has a total allocation of €333m The Programme has been oversubscribed, reflecting the fact that the Programme is widely recognised as making a significant contribution to peace and reconciliation in Northern Ireland and the border region of Ireland. As regards the level of programme over-commitment, the latest information is that Measure 1.1 is over-committed by €18.9m. Measure 2.1 has also been over-committed by €16.9m.

The Deputy may wish to note that the exchange rate can affect over-commitment. Projects for these themes were approved based on the available budget at the prevailing exchange rate at the time of the PEACE III Steering Committee. Subsequent changes in exchange rate have resulted in the value of approved projects exceeding the allocation. In addition, a degree of over-commitment is not unusual in an EU co-funded Programme of this type and size. To ensure that an EU co-funded Programme achieves full expenditure, a certain level of over-commitment is considered prudent to balance that fact that some projects will not spend their full allocation. The Special EU Programmes Body is the Managing Authority for the PEACE III Programme. SEUPB is working with Government Departments North & South to deal with this issue.

Trade Union Movement

Questions (253)

Ciara Conway

Question:

253. Deputy Ciara Conway asked the Minister for Jobs, Enterprise and Innovation if he has given consideration to establishing a regulatory body for the trade union movement here, such as a Trade Union Ombudsman; and if he will make a statement on the matter. [54130/12]

View answer

Written answers

Trade unions are by their nature essentially self- governing bodies and it is a matter for the membership to determine whether, and in what manner, the rules and policies of a trade union should provide for how it deals with complaints about the service provided by the Union to its members.

The Registrar of Friendly Societies has a number of specific powers in the area of investigation/dispute resolution regarding the internal governance of trade unions:

- to investigate complaints of discriminatory treatment against a non-contributor to a political fund. The Registrar may make an order to remedy the breach, which is binding and conclusive, and not subject to appeal (section 3(2) of the Trade Union Act 1913).

- to investigate complaints under section 16(5) of the Industrial Relations Act 1990 concerning the operation of secret ballots, following which the Registrar may instruct a trade union to comply with the secret ballot provisions of the Act (section 14(2)). Where such instruction is disregarded the Registrar must inform the Minister, who may revoke the union’s negotiating licence.

- to hear disputes referred to the Registrar under section 10 of the Trade Union Act, 1975 concerning the passing of resolutions approving amalgamations of trade unions. Under this section, the Registrar may, at the request of the complainant or of the trade union, state a case for the opinion of the High Court on a question of law arising in the proceedings.

The powers of the Registrar in relation to such matters have rarely been exercised. The Registrar has no independent powers of investigation, and can only act where requested to do so on the specific areas mentioned above, or to refer a matter to the court in relation to wilful or fraudulent withholding of money. This latter option is also available to “any person” acting on behalf of a trade union. I have no plans to provide for the introduction of a Trade Union Ombudsman.

Cross-Border Co-operation

Questions (254, 268, 269, 270, 271, 272)

Peadar Tóibín

Question:

254. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will outline projects on which his Department cooperates with the Department of Enterprise, Trade and Investment in the North. [54156/12]

View answer

Peadar Tóibín

Question:

268. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will outline projects which his Department cooperates with the Department of Enterprise, Trade and Investment in the North. [54158/12]

View answer

Peadar Tóibín

Question:

269. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will outline projects which his Department cooperates with the Department of Employment and Learning in the North. [54159/12]

View answer

Gerry Adams

Question:

270. Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation the nature, process and outcomes of the North/South activities of the Enterprise Development Agencies. [54381/12]

View answer

Gerry Adams

Question:

271. Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation the nature, process and outcomes of North-South co-operation with respect to ITI programme activity and corporate governance and financial matters. [54382/12]

View answer

Gerry Adams

Question:

272. Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation the nature, process and outcomes of steering committee meetings and other planning meetings which his Department holds with the Department of Enterprise, Trade and Investment in the North. [54383/12]

View answer

Written answers

I propose to take Questions Nos. 254 and 268 to 272, inclusive, together.

North South economic cooperation is and will remain a priority of mine and of the Government. To this effect, there is on-going dialogue between relevant Departments and Agencies, North and South, to promote economic development, job creation and innovation, in the border region. A key area of engagement at official level between my Department and the Department of Enterprise, Trade and Investment in Northern Ireland (DETI) is our joint support for enterprise projects for both sides of the border region under the INTERREG initiative, which is co-funded by the EU, by my Department and by DETI. Both Departments are represented on a Steering Committee to consider project proposals. We have provided significant financial support towards a number of North/South projects, including enterprise networking and capacity building initiatives for the border counties and Northern Ireland and several other enterprise development projects. The assessment process for remaining projects under the current programme is on-going and officials from both administrations are also engaged in a process which will hopefully see a new INTERREG scheme initiated, when the current phase expires in 2014.

Another key area is our on-going dialogue with our counterparts in DETI in relation to the operation of InterTradeIreland (ITI), the North/South Trade and Business Development Implementation Body. ITI is co-funded by my Department and DETI and so all matters relating to the management of the Body and the planning and oversight of its schemes and programmes, involve close interaction by the officials of both Departments. Specifically, this engagement involves agreement on the key themes of ITI’s programmes which must be aligned with national strategies. The engagement also includes key aspects of corporate governance and financial control, including ensuring that value for money and efficiency savings are applied to ITI programme activity. This requires officials to engage very frequently throughout the year, to address issues that arise in relation to these requirements. A range of formal oversight arrangements are in place. In addition, the Secretary General/Permanent Secretary of both Departments met the ITI Board recently for a general economic discussion and to overview the on-going operations of the body.

Enterprise Ireland (EI), which stimulates the development of indigenous enterprise, has extensive contact with its Northern counterparts and works with them on a range of programmes to drive job creation in border areas. EI North-South programmes and activities include Bridging the Border Seminars/partnering events. These events are designed to promote joint opportunities between firms North and South in areas such as licensing and commercial agreements, sub-contracting, technical co-operation and business partnerships. In addition, clients of Invest Northern Ireland (INI) can participate on EI programmes such as Leadership4Growth and the International Selling Programme. Since 2006, clients of both agencies can access market services, trade missions, overseas offices, trade fairs, seminars, market development programmes etc., provided by each agency. The all island Innovation Voucher initiative, jointly launched by Enterprise Ireland and INI, provides Irish SMEs with access to a further 10 knowledge providers based in the North, and allows Northern Ireland based SMEs to use INI Innovation Vouchers to access expertise in research institutions based in the Republic of Ireland.

An example of close agency cooperation is the Acumen programme, a key all-island business development programme managed by InterTradeIreland and supported by Enterprise Ireland, INI, FÁS, Údarás and the County Enterprise Boards. The Programme is designed to stimulate cross-border sales and coordinate development amongst SMEs, North and South, to establish and build market presence in the other jurisdiction. This is an excellent example of all relevant bodies coming together to drive enterprise development in the region.

IDA Ireland collaborates with Invest Northern Ireland, for example, in the Northwest Now initiative, developed to capitalise on the combined strengths of Letterkenny and Derry City as an economic corridor. The focus has been on developing compatible infrastructure and property solutions, which are now in place, and make the region more attractive for investment. More recently, there have been very positive developments where a wide range of agencies and institutions now co-operate on science and technology issues, including participation in the EU Research Framework Programme.

To ensure cohesive integration of the relevant activities of the two Departments, and the key Agencies in both jurisdictions, we organise an annual meeting involving my Secretary General, the Permanent Secretary of DETI, with the CEOs and Chairmen of Enterprise Ireland, IDA Ireland and Invest Northern Ireland, to discuss a variety of North-South strategic issues. My Department officials, and the enterprise development agencies, will continue to work diligently with their counterparts in Northern Ireland to increase mutual economic benefits, especially on job creation. In addition, officials in the Employment Rights area of my Department meet on a regular basis with their counterparts in the Department of Employment and Learning to exchange views on matters of mutual interest.

County and City Enterprise Boards Funding

Questions (255)

Michael Moynihan

Question:

255. Deputy Michael Moynihan asked the Minister for Jobs, Enterprise and Innovation if he will provide details of the overheads and total budgets, including the spend on mentoring and soft supports, direct grant aid, staff and administration costs including overheads, for all city and county enterprise boards since 2007; and if he will make a statement on the matter. [53814/12]

View answer

Written answers

County Enterprise Board (CEB) Capital Expenditure is solely for the purpose of providing financial assistance in the form of grant aid and non-financial assistance (soft supports) in the form of mentoring, training and advice to clients. CEB Current Expenditure is allocated to Pay (CEB staff) and Non-Pay (administrative costs of operation- such as utilities, insurances, IT and telecommunications, etc.). Information on CEB current and capital expenditure for the years 2007-2011 are set out in tabular format as follows. Expenditure figures for 2012 will not be available until quarter 1 of 2013.

2007

County Enterprise Board

Current Expenditure

Capital Expenditure €

Total Expenditure

Carlow

461,178.00

572,316.44

1,033,494.44

Cavan

343,392.00

688,692.56

1,032,084.56

Clare

377,514.00

620,093.00

997,607.00

Cork City

378,905.00

548,052.56

926,957.56

Cork North

196,524.00

78,775.68

275,299.68

Cork South

475,548.00

917,028.74

1,392,576.74

Cork West

281,072.00

499,513.57

780,585.57

Donegal

349,471.00

1,068,715.25

1,418,186.25

Dublin City

638,777.00

1,839,333.10

2,478,110.10

Fingal

412,302.00

1,235,134.86

1,647,436.86

Dun Laoghaire Rathdown

479,672.00

1,218,497.00

1,698,169.00

Galway

345,995.00

742,889.18

1,088,884.18

Kerry

344,729.00

619,817.20

964,546.20

Kildare

395,159.00

790,481.82

1,185,640.82

Kilkenny

335,842.00

649,604.22

985,446.22

Laois

376,692.00

614,517.44

991,209.44

Leitrim

386,107.00

447,143.15

833,250.15

Limerick City

421,359.00

458,473.89

879,832.89

Limerick

351,899.00

620,616.45

972,515.45

Longford

353,238.00

487,096.00

840,334.00

Louth

473,441.00

658,402.75

1,131,843.75

Mayo

285,972.00

661,202.00

947,174.00

Meath

451,456.00

589,575.21

1,041,031.21

Monaghan

408,991.00

552,237.50

961,228.50

Offaly

386,279.00

648,340.00

1,034,619.00

Roscommon

294,377.00

555,996.45

850,373.45

Sligo

381,426.00

670,073.27

1,051,499.27

South Dublin

394,135.00

927,927.00

1,322,062.00

Tipperary North

391,181.00

532,193.31

923,374.31

Tipperary South

373,108.00

666,274.21

1,039,382.21

Waterford City

295,211.00

556,098.08

851,309.08

Waterford

303,825.00

575,402.99

879,227.99

Westmeath

418,343.00

1,007,748.35

1,426,091.35

Wexford

432,106.00

1,060,757.56

1,492,863.56

Wicklow

456,506.00

753,622.98

1,210,128.98

Total

13,451,732.00

25,132,643.77

38,584,375.77

2008

County Enterprise Board

Current Expenditure

Capital Expenditure €

Total Expenditure

Carlow

424,022.00

555,187.44

979,209.44

Cavan

352,587.00

644,652.99

997,239.99

Clare

320,392.00

572,013.25

892,405.25

Cork City

445,747.00

706,083.71

1,151,830.71

Cork North

310,877.00

136,244.00

447,121.00

Cork South

479,327.00

898,300.94

1,377,627.94

Cork West

324,576.00

651,654.53

976,230.53

Donegal

331,286.00

1,126,293.55

1,457,579.55

Dublin City

558,627.00

1,702,669.63

2,261,296.63

Fingal

462,996.00

1,273,374.00

1,736,370.00

Dun Laoghaire Rathdown

599,316.00

1,121,852.00

1,721,168.00

Galway

297,320.00

724,388.75

1,021,708.75

Kerry

493,151.00

878,552.36

1,371,703.36

Kildare

422,367.00

709,773.00

1,132,140.00

Kilkenny

314,154.00

771,176.26

1,085,330.26

Laois

375,328.00

629,707.20

1,005,035.20

Leitrim

447,127.00

453,635.05

900,762.05

Limerick City

381,878.00

497,989.45

879,867.45

Limerick

424,235.00

629,826.00

1,054,061.00

Longford

418,855.00

500,369.25

919,224.25

Louth

532,001.00

776,470.00

1,308,471.00

Mayo

208,844.00

824,138.75

1,032,982.75

Meath

470,073.00

635,483.70

1,105,556.70

Monaghan

454,937.00

403,461.63

858,398.63

Offaly

398,983.00

624,222.00

1,023,205.00

Roscommon

416,192.00

461,328.45

877,520.45

Sligo

474,058.00

639,531.01

1,113,589.01

South Dublin

406,551.00

739,802.40

1,146,353.40

Tipperary North

349,004.00

651,888.00

1,000,892.00

Tipperary South

366,739.00

543,045.15

909,784.15

Waterford City

326,979.00

583,035.66

910,014.66

Waterford

295,726.00

593,503.69

889,229.69

Westmeath

459,662.00

679,622.55

1,139,284.55

Wexford

359,280.00

820,686.33

1,179,966.33

Wicklow

354,063.00

748,506.91

1,102,569.91

Total

14,057,260.00

24,908,469.59

38,965,729.59

2009

County Enterprise Board

Current Expenditure

Capital Expenditure €

Total Expenditure

Carlow

417,768.00

787,699.42

1,205,467.42

Cavan

364,264.00

566,198.00

930,462.00

Clare

421,914.00

660,656.47

1,082,570.47

Cork City

405,657.00

516,788.68

922,445.68

Cork North

250,486.00

349,721.00

600,207.00

Cork South

418,329.00

994,284.68

1,412,613.68

Cork West

307,644.00

595,365.15

903,009.15

Donegal

363,552.00

838,737.52

1,202,289.52

Dublin City

465,618.00

1,542,527.16

2,008,145.16

Fingal

366,651.00

1,296,208.00

1,662,859.00

Dun Laoghaire Rathdown

474,229.00

1,104,125.69

1,578,354.69

Galway

319,817.00

707,780.00

1,027,597.00

Kerry

405,963.00

982,177.34

1,388,140.34

Kildare

383,674.00

521,776.00

905,450.00

Kilkenny

434,813.00

726,849.00

1,161,662.00

Laois

327,540.00

423,042.00

750,582.00

Leitrim

410,245.00

456,039.33

866,284.33

Limerick City

377,481.00

546,314.00

923,795.00

Limerick

357,860.00

668,178.00

1,026,038.00

Longford

411,993.00

411,801.00

823,794.00

Louth

501,063.00

655,340.40

1,156,403.40

Mayo

176,051.00

512,442.00

688,493.00

Meath

423,603.00

632,536.00

1,056,139.00

Monaghan

521,003.00

572,831.86

1,093,834.86

Offaly

412,436.00

527,519.00

939,955.00

Roscommon

350,371.00

585,847.08

936,218.08

Sligo

378,112.00

593,446.00

971,558.00

South Dublin

400,258.00

889,640.31

1,289,898.31

Tipperary North

373,346.00

544,346.00

917,692.00

Tipperary South

391,967.00

486,749.32

878,716.32

Waterford City

347,259.00

462,002.21

809,261.21

Waterford

318,339.00

473,282.51

791,621.51

Westmeath

441,126.00

700,446.35

1,141,572.35

Wexford

507,499.00

812,933.05

1,320,432.05

Wicklow

505,107.00

644,096.77

1,149,203.77

Total

13,733,038.00

23,789,727.30

37,522,765.30

2010

County Enterprise Board

Current Expenditure

Capital Expenditure €

Total Expenditure

Carlow

340,058.86

567,138.70

907,197.56

Cavan

316,665.14

498,632.24

815,297.38

Clare

281,678.57

446,090.56

727,769.13

Cork City

301,475.77

575,803.95

877,279.72

Cork North

177,681.65

244,849.89

422,531.54

Cork South

428,358.04

851,823.61

1,280,181.65

Cork West

246,814.81

526,538.05

773,352.86

Donegal

344,475.78

756,557.15

1,101,032.93

Dublin City

454,176.70

1,210,796.58

1,664,973.28

Fingal

369,064.18

772,129.84

1,141,194.02

Dun Laoghaire Rathdown

531,600.72

944,111.63

1,475,712.35

Galway

264,490.69

601,146.26

865,636.95

Kerry

397,981.01

650,848.51

1,048,829.52

Kildare

321,711.13

514,538.50

836,249.63

Kilkenny

375,807.36

464,041.21

839,848.57

Laois

279,533.50

337,582.03

617,115.53

Leitrim

292,961.50

353,503.65

646,465.15

Limerick City

391,269.57

444,035.29

835,304.86

Limerick

298,979.74

554,252.03

853,231.77

Longford

260,318.52

385,158.16

645,476.68

Louth

464,824.73

637,024.74

1,101,849.47

Mayo

200,259.66

427,551.41

627,811.07

Meath

316,857.00

487,144.52

804,001.52

Monaghan

343,551.26

377,655.61

721,206.87

Offaly

351,064.94

421,599.23

772,664.17

Roscommon

212,331.51

341,918.57

554,250.08

Sligo

254,846.33

473,710.90

728,557.23

South Dublin

291,425.10

710,879.31

1,002,304.41

Tipperary North

299,504.23

451,009.52

750,513.75

Tipperary South

336,439.18

450,682.95

787,122.13

Waterford City

204,569.06

511,273.43

715,842.49

Waterford

274,873.87

471,971.64

746,845.51

Westmeath

345,288.12

556,137.55

901,425.67

Wexford

293,659.44

597,345.08

891,004.52

Wicklow

397,990.82

693,390.65

1,091,381.47

Total

11,262,588.49

19,308,872.95

30,571,461.44

2011

County Enterprise Board

Current Expenditure

Capital Expenditure €

Total Expenditure

Carlow

232,213.64

512,262.62

744,476.26

Cavan

335,534.98

410,870.29

746,405.27

Clare

327,767.36

582,088.57

909,855.93

Cork City

471,885.92

540,148.84

1,012,034.76

Cork North

148,631.82

457,887.34

606,519.16

Cork South

529,503.90

952,984.94

1,482,488.84

Cork West

305,975.78

402,226.60

708,202.38

Donegal

432,261.83

664,005.61

1,096,267.44

Dublin City

487,420.52

1,353,267.67

1,840,688.19

Fingal

440,638.25

918,037.05

1,358,675.30

Dun Laoghaire Rathdown

490,621.75

1,065,234.09

1,555,855.84

Galway

357,178.66

860,900.25

1,218,078.91

Kerry

363,627.32

665,524.43

1,029,151.75

Kildare

501,302.64

614,466.61

1,115,769.25

Kilkenny

303,945.54

512,897.98

816,843.52

Laois

279,450.89

378,950.76

658,401.65

Leitrim

324,486.24

374,712.39

699,198.63

Limerick City

439,625.47

451,895.99

891,521.46

Limerick

334,821.50

509,540.04

844,361.54

Longford

293,592.05

392,199.53

685,791.58

Louth

507,992.86

650,950.43

1,158,943.29

Mayo

202,946.20

560,898.30

763,844.50

Meath

404,404.83

725,625.21

1,130,030.04

Monaghan

357,834.93

384,027.14

741,862.07

Offaly

356,538.10

411,485.59

768,023.69

Roscommon

217,168.15

393,471.79

610,639.94

Sligo

371,704.61

385,387.78

757,092.39

South Dublin

363,981.34

612,904.61

976,885.95

Tipperary North

407,135.06

442,842.63

849,977.69

Tipperary South

495,196.11

405,032.19

900,228.30

Waterford City

224,294.92

452,064.55

676,359.47

Waterford

187,504.43

424,923.72

612,428.15

Westmeath

431,443.76

559,675.63

991,119.39

Wexford

320,074.49

655,007.02

975,081.51

Wicklow

439,758.33

726,650.46

1,166,408.79

Total

12,688,464.18

20,411,048.65

33,099,512.83

Capital Programme Expenditure

Questions (256)

Seán Fleming

Question:

256. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation in respect of the October Exchequer returns, the reason the capital spending for his Department was €61 million below profile for this period; his plans to ensure that the full capital spending is implemented before the end of the year; and if he will make a statement on the matter. [53833/12]

View answer

Written answers

The Department and its Agencies are extremely diligent and careful in their management and allocation of taxpayer monies in the support of different enterprise objective. The drawdown of exchequer monies through the Enterprise Development Agencies of my Department is based on commitments made in a given year and projected draw-downs against those commitments in the year in question. It must be remembered that drawdown of exchequer financial support by companies or other bodies (e.g. Competency Centres) is demand-led and can only take place if the company or body in question has progressed a given project in line with the agreement entered into with the State at the time of the financial commitment. In addition, there are other timing issues around finalising legal agreements with the private sector when setting up funds, for example under the Innovation Fund initiative, which means that while drawdown will take place, it may be pushed back by some months, thereby showing up as an “underspend” in a particular accounting period.

Due to this demand-led nature of grant payments and issues relating to the timing of expenditure, the bulk of an allocation is often drawn down in the last quarter of the year. The snapshot figure referred to in the Question will not be reflected in the end of year figure and the equivalent figure at the end of November showed the Department was €29m behind its original profile. To ensure that any savings at year end are utilised for job creation purposes, my Department has engaged with the Department of Public Expenditure and Reform to use the provisions of the Multi-Annual Capital Envelope Framework whereby a portion of unspent Capital allocations in any year may be carried over to the following year. The outcome of our negotiations will form part of this week’s Budget.

Employment Rights Issues

Questions (257)

Kevin Humphreys

Question:

257. Deputy Kevin Humphreys asked the Minister for Jobs, Enterprise and Innovation in the context of the Programme for Government commitment to reform the current law on employees right to engage in collective bargaining the Industrial Relations (Amendment) Act 2001, so as to ensure compliance by the State with recent judgements of the European Court of Human Rights, if this will happen next year to coincide with the 100 year anniversary of the 1913 Lockout; the actions that have been taken to date to advance this; when he will bring forward such legislation; and if he will make a statement on the matter. [53895/12]

View answer

Written answers

It has been the consistent policy of successive Irish Governments to promote collective bargaining through the laws of this country and through the development of an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association. There is also an extensive range of statutory provisions designed to back up the voluntary bargaining process, together with long-established dispute settling institutions that play an important role in disputes relating to collective bargaining. The Government is committed in its Programme for Government to reform the current law on employees’ right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001), so as to ensure compliance by the State with recent judgements of the European Court of Human Rights.

In a related issue, earlier this year the Committee on Freedom of Association of the International Labour Organisation issued a number of recommendations arising from a complaint referred to it by ICTU and IMPACT. The ILO, noting the commitment in the Programme for Government on collective bargaining, invited the Government, in full consultation with the social partners, to review the existing framework and consider any appropriate measures, including legislative, so as to ensure respect for the freedom of association and collective bargaining principles set out in its conclusions - including through the review of the mechanisms available - with a view to promoting machinery for voluntary negotiation between employers’ and workers’ organisations for the determination of terms and conditions of employment.

I welcome the fact that the ILO report did not find Ireland to be in breach of its obligations under ILO Conventions in respect of collective bargaining rights. Neither did the ILO find that a resolution of the difficulties arising over the Ryanair judgement would require the introduction of a legal regime of mandatory trade union recognition. The established procedures can be improved and secured without creating a new statutory obligation on employers to recognise trade unions for collective bargaining purposes. It is envisaged that adequate protective measures such as appropriate prohibition of the victimisation of trade union members and of incentivisation of persons not to be members of a trade union would be important elements of this system. Giving effect to this commitment will require consultation with stakeholders, including employer and worker representatives, and a review of the experience of the operation of the existing legislative framework as put in place under the Industrial Relations Acts of 2001 and 2004. This consultation process will be initiated in the near future. I am certain that satisfactory arrangements can be put in place that will reconcile our constitutional, social and economic traditions, and our international obligations, as well as ensure continued success in attracting investment into our economy.

Bullying in the Workplace

Questions (258)

Finian McGrath

Question:

258. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the options or advice for workers who are being bullied in their employment and where management do not act. [53920/12]

View answer

Written answers

Every employer has a duty under the Safety, Health and Welfare at Work Act 2005, to ensure, so far as is reasonably practicable, the safety, health and welfare of their employees and to manage and conduct work activities in such a way so as to prevent, as far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of their employees at risk. Equally, the 2005 Act also places obligations on employees in relation to their duties not to engage in improper conduct or behaviour likely to endanger their own safety, health and welfare at work or that of any other person.

In relation to the specific issue of bullying in the workplace, the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2007, published by the Health and Safety Authority (HSA), which operates under the auspices of my Department, is aimed at preventing and dealing with bullying where it happens in Irish workplaces. It is a “Code” for both employers and employees and is available to download from the HSA’s website at www.hsa.ie. A significant element of the Code places an emphasis on the resolution of incidents of alleged bullying using an informal process and professional mediation services. The Code also reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, they ensure that it is included in the safety statement.

The role of the HSA under the Code is to monitor if employers and employees are meeting their obligations and duty of care under the 2005 Act. In this regard, if an employer refuses to carry out an investigation into an allegation of bullying for no reasonable reason, the HSA may ask the employer to carry out such an investigation, or, depending on the case, may request that some other form of safety, health and welfare control mechanism is put in place. Where an employee is dissatisfied with the outcome of the internal procedures there are options available to have the dispute referred to an outside forum, such as the Labour Relations Commission (LRC) who can provide a mediation service on request where both parties are willing to engage. Such mediation is a voluntary, confidential process that allows two or more disputing parties to resolve their conflict in a mutually agreeable way with the help of a neutral third party. The service is provided free to the parties.

The employee also has the option to take a complaint to the Rights Commissioner Service under the Industrial Relations Acts. Prior to the complaint being heard by a Rights Commissioner, however, it is possible that the case may be considered suitable for intervention by the recently established Early Resolution Service (ERS). The ERS is a conciliation/mediation type service of the Workplace Relations Customer Service which is provided by Case Resolution Officers (CROs). The ERS provides a prompt intervention which will initially involve contacting the parties, or their representatives, to secure their agreement to participate on a voluntary basis in early resolution. Using telephone and email communication the CROs will explore possible avenues of settlement in a non-prejudicial fashion.

Where the complaint proceeds to a full hearing by a Rights Commissioner under the Industrial Relations Acts, the Commissioner’s recommendation will not be legally binding and can ultimately be appealed by either party to the Labour Court. The Workplace Relations Customer Service provides information to parties on how to bring a case before its services. It is, therefore, open to a person (or persons) who claims that he/she is being bullied in the workplace to seek advice from the Health and Safety Authority in terms of their entitlements to work in a safe workplace, and/or to pursue a formal bullying complaint through the industrial relations services of the Department.

Consumer Protection

Questions (259)

Caoimhghín Ó Caoláin

Question:

259. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Questions Nos. 302 and 303 of 21 February 2012, when he will introduce the Statutory Instrument to give effect to Article 19 of the Consumer Rights Directive limiting credit and debit card surcharges; and if he will make a statement on the matter. [53972/12]

View answer

Written answers

My Department issued a consultation paper on the implementation of Articles 19 and 22 of the Consumer Rights Directive on 6 September 2012. Though the original deadline for responses was 12 October, it was agreed to extend it to 9 November following a number of requests from interested parties. The consultation attracted a sizeable number of responses, a number of which raised issues that required further consideration. One such issue has required my Department to seek legal advice from the Office of the Attorney General and the European Commission. Subject to the satisfactory resolution of this legal issue, it is my intention to introduce Regulations to give effect to Articles 19 and 22 in the first quarter of 2013.

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