Written Answers Nos. 377-396
377. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform when work will commence to alleviate flooding in an area (details supplied) in County Kerry; and if he will make a statement on the matter. [24073/13]
View answerThe flooding problem in the Glenflesk area is being assessed under the ongoing South Western Catchment Flood Risk Assessment and Management (CFRAM) Study which includes officials from Kerry County Council on the Study Steering and Progress Groups. The South Western CFRAM Study, undertaken by Mott MacDonald Engineering Consultants on behalf of the OPW, is an in-depth examination of significant flood risks in the South Western River Basin District leading to the production, in 2016, of detailed plans, including specific recommendations on measures to manage those risks. Public consultation is a key element of the Study; the next major stage of which will involve the production and public exhibition of flood risk maps during 2014. Further information is available at http://www.southwestcframstudy.ie/
In the interim, it is open to Kerry County Council to submit applications for funding for minor flood mitigation measures under the OPW's Minor Flood Works scheme.
Any application that is submitted by the Council will be considered having regard to the Minor Works scheme eligibility criteria and the overall availability of funding for flood risk management.
378. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the supports or design work the Office of Public Works has provided to the Irish Jewish Museum; the costs of those supports; if the OPW has been reimbursed for this work; and if he will make a statement on the matter. [24356/13]
View answerThe Office of Public Works (OPW) has provided design services for the proposed redevelopment of the Irish Jewish Museum from initial design proposals to the current status of a planning application stage. There has been no fee for these services.
379. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform the programme or initiative under which community groups receive access to the design services of the Office of Public Works; the criteria that apply for access to those services as provided to a body (details supplied); and if he will make a statement on the matter. [24357/13]
View answerThere is no programme or initiative from which community groups receive access to the design services of the Office of Public Works (OPW). In regard to the Irish Jewish Museum the OPW was requested by the Department of the Taoiseach to examine and develop design options.
380. Deputy Pádraig Mac Lochlainn asked the Minister for Jobs, Enterprise and Innovation the average waiting time for an employment tribunal hearing to be heard. [23722/13]
View answerThe existing employment rights adjudication bodies within the State (namely the Labour Court, the Employment Appeals Tribunal, the Equality Tribunal and the Rights Commissioner Service) are independent in the exercise of their quasi-judicial functions and I have no direct involvement in their day to day operations.
I am informed that the average waiting times for a hearing at the State's employment rights adjudication bodies are as shown in the table below:
|
Employment Body |
Average waiting time –Dublin |
Average waiting time – outside Dublin |
|
Labour Court |
Majority within 12 weeks |
Majority within 6 months |
|
Employment Appeals Tribunal*** |
70 weeks (76 weeks in April, 2012) |
79 weeks (80 weeks in April, 2012) |
|
Equality Tribunal** |
129 weeks (for investigation hearing) 12 weeks (for mediation hearing) |
129 weeks (for investigation hearing) 12 weeks (for mediation hearing) |
|
Rights Commissioner Service* |
3-4 months |
3-4 months |
* Rights Commissioner Service - Cases are screened for suitability for the Early Resolution Service. Unresolved cases are generally returned for scheduling to a hearing within 4 weeks. Parties are notified of hearings 4 -5 weeks in advance of the date. There is also a holding period in some legislation (3 weeks – unfair dismissal cases and industrial relations cases).
**The Equality Tribunal - In cases where the complainant and respondent opt for mediation, a mediation hearing is arranged in less than 3 months of initial lodgement of the complaint. In 2011, overall 62% of cases referred to mediation were closed as a result of the mediation process.
***As part of the drive for efficiencies the Tribunal streams cases that are envisaged to be more straight-forward. These efforts have resulted in a significant increase in the number of claims disposed of over the past few years (2010 – up 30%, 2011 – up 11% and 2012 up 13%).
I believe it is essential that we have efficient and effective mechanisms to develop harmonious and productive workplaces and to assist employers and employees to avoid and resolve disputes.
When I came into office in 2011, I inherited a system for resolving employment disputes that did not achieve this. The system was frustrating for employers, employees and professionals representing them. Notwithstanding the efforts of the employment rights adjudication bodies to reduce backlogs, I believe the delays that users of the service are experiencing are unacceptable.
It is for these reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies. The Reform Programme I have commenced will deliver a World-Class Workplace Relations structure. I propose to establish a two-tier Workplace Relations structure. This means that from next year two statutorily independent bodies will replace the current five. We will have a new single body of first instance to be called the Workplace Relations Commission and a separate appeals body, which will effectively be an expanded Labour Court. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.
381. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will lay before the Houses of the Oireachtas the latest report and accounts for the Labour Relations Commission. [24119/13]
View answerThe latest annual report for the Labour Relations Commission, namely that for 2011, was laid before both Houses of the Oireachtas on 19th October 2012. The audited accounts were subsequently laid on 19th December 2012.
In accordance with Section 31(2) of the Industrial Relations Act, 1990, I will arrange for a copy of the 2012 Labour Relation Commission's annual report, along with the report of the Comptroller and Auditor General on those accounts, to be laid before both Houses of the Oireachtas when both are finalised.
382. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the current waiting times for hearings of the Employment Appeals Tribunal in each region; and his proposals to reduce same. [23748/13]
View answerThe Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. The Tribunal is one of the front-line services directly affected by the current turbulence in the labour market. The Tribunal hears claims under 18 separate pieces of legislation, some of which are lodged as direct claims to the Tribunal and others which come to the Tribunal by way of appeal or implementation of a Rights Commissioner’s recommendation/decision.
I am informed that the current average waiting periods by region are as follows:
|
Region |
Average Waiting Times for Hearing |
|
Dublin |
70 weeks |
|
Country Regions (outside Dublin) |
79 weeks |
The Tribunal conducts hearings in about 31 locations. Where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases are on hand to make a visit worthwhile. In such areas, 5 days of Hearings may reduce the “waiting time” in the area concerned by 30 to 40 weeks. I understand that the Tribunal targets areas with the longest waiting period and highest level of claims outstanding; within the resources it has currently available.
The Tribunal is pro-active in driving efficiencies. Divisions of the Tribunal are sitting longer, hearing more cases per hearing and seeking to manage the caseload to maximise efficiency. As part of the drive for efficiencies the Tribunal streams cases that are envisaged to be more straight-forward. These efforts have resulted in a significant increase in the number of claims disposed of over the past few years (2010 – up 30%, 2011 – up 11% and 2012 up 13%).
I believe it is essential that we have efficient and effective mechanisms to develop harmonious and productive workplaces and to assist employers and employees to avoid and resolve disputes.
When I came into office in 2011, I inherited a system for resolving employment disputes that did not achieve this. The system was frustrating for employers, employees and professionals representing them. Notwithstanding the efforts of the EAT and others to reduce backlogs, I believe the delays that users of the service are experiencing are unacceptable.
It is for these reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies. The Reform Programme I have commenced will deliver a World-Class Workplace Relations structure. I propose to establish a two-tier Workplace Relations structure. This means that from next year two statutorily independent bodies will replace the current five. We will have a new single body of first instance to be called the Workplace Relations Commission and a separate appeals body, which will effectively be an expanded Labour Court. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.
383. Deputy Patrick O'Donovan asked the Minister for Jobs, Enterprise and Innovation in view of the decision taken by the Shannon Airport Authority to allow farming organisations to cut grass on property owned by them to help alleviate fodder shortages in the local area, if he will ask those agencies, companies, authorities, boards and so on who come within his remit to consider similar initiatives on suitable public lands owned by them in conjunction with representatives of local farming organisations; and if he will make a statement on the matter. [23771/13]
View answerThe cutting of grass owned by the Agencies under my remit is an operational matter for the Agencies concerned, for which I have no direct function. I am referring the specific question to each of the Agencies under my remit with a request to respond to you directly.
384. Deputy Simon Harris asked the Minister for Jobs, Enterprise and Innovation if he will outline in tabular form the amount of travel and subsistence, both foreign and domestic, claimed individually by each Minister, Minister of State and Secretary General in his Department, for each year in the period 2005 to March 2011; and if he will make a statement on the matter. [23819/13]
View answerIn the time available, it has not been possible for my officials to compile all of the information on a year by year basis as requested by the Deputy in respect of the period 2005 to March 2011. However, I will forward the details to the Deputy in writing as soon as possible.
385. Deputy Simon Harris asked the Minister for Jobs, Enterprise and Innovation if he will outline in tabular form the number of staff appointed by each Minister and Minister of State in his Department or constituency office and their relevant costs including travel and subsistence, in each year for the period 2005 to March 2011; and if he will make a statement on the matter. [23835/13]
View answerIn the time available, it has not been possible for my officials to compile all of the information on a year by year basis as requested by the Deputy in respect of the period 2005 to March 2011. However, I will forward the details to the Deputy in writing as soon as possible.
386. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if he will examine a business plan in respect of a training centre (details supplied) in County Kerry; if he will provide advice, assistance, grant aid, and so on, to ensure that this major project will accommodate up to 2,500 students and create jobs at the earliest possible date; and if he will make a statement on the matter. [23849/13]
View answerNeither my Department, nor its Enterprise Development Agencies, in particular Enterprise Ireland (EI) and the County and City Enterprise Boards (CEBs) provide funding for the establishment of Training Centres.
These Agencies do however, provide a suite of programmes to assist companies to develop their enterprises and support both start up and established businesses. All companies eligible for support from the Agencies have the same access to State services regardless of their location or status.
Enterprise Ireland focuses on supporting companies with a clear export focus.
While grant-aid is generally available only to manufacturing and internationally-traded services, CEBs can also provide indirect assistance such as advice and mentoring to locally trading businesses. The Kerry County Enterprise Board may be able to offer the promoters of the proposed Training Centre at Lyreacrompane, advice on the future development of their Business Plan and the contact details are available on the following website: http://www.kerryenterprise.ie/.
Policy matters in regard to education and training issues, including FETAC Certification, are the responsibility of my colleague, Mr Ruairí Quinn, T.D., Minister for Education and Skills. Any questions that the promoters of the proposed Training Centre may have in that regard, should be directed to that Department.
387. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation the number of staff and their job title in each IDA office outside Ireland for the years 2011 and 2012; and if he will make a statement on the matter. [24032/13]
View answerDuring 2012, IDA had a total of 18 offices located overseas, this compares to 19 for the previous year. The location of IDA’s overseas offices and the numbers of staff employed therein are, subject to the overall budgetary constraints and the Employment Control Framework, a day to day operational matter for the Agency itself.
IDA locates its offices overseas in the locations which the agency considers optimal to winning the maximum amount of foreign direct investment for this country. The Agency regularly reviews its overseas locations and staff numbers to ensure maximum efficiency in business delivery.
Details of the numbers of staff, together with their individual job titles in respect of for each IDA office located outside Ireland for the years 2011 and 2012 are set out in the attached tabular statement.
Table showing the Number of Staff and Job Title in IDA Ireland Offices outside Ireland for 2011 and 2012
|
Office Location |
2011 - Staff numbers |
2011 - Staff titles |
2012 - Staff numbers |
2012 - Staff titles |
|
London |
4 |
Office manager 1 Sales & Marketing Exec 2 Support 1 |
3 |
Sales & Marketing Exec 2 Support 1 |
|
Frankfurt |
4 |
Manager 1 Sales & Marketing Exec 2 Support 1 |
6 |
Manager 1 Sales & Marketing Exec 4 Support 1 |
|
Paris |
3 |
European Director 1 Sales & Marketing Exec 1 Support 1 |
3 |
European Director 1 Sales & Marketing Exec 1 Support 1 |
|
New York |
9 |
Director North America 1 Sales & Marketing Exec 6 Support 1 Graduate 1 |
9 |
Director North America 1 Sales & Marketing Exec 6 Support 1 Graduate 1 |
|
Boston |
2 |
Sales & Marketing Exec 2 |
2 |
Sales & Marketing Exec 2 |
|
Mountain View California |
5 |
Manager 1 Sales & Marketing Exec 3 Support 1 |
5 |
Manager 1 Sales & Marketing Exec 3 Support 1 |
|
Irvine California |
2 |
Sales & Marketing Exec 2 |
2 |
Sales & Marketing Exec 2 |
|
Atlanta |
2 |
Sales & Marketing Exec 2 |
2 |
Sales & Marketing Exec 2 |
|
Chicago |
4 |
Manager 1 Sales & Marketing Exec 2 Support 1 |
4 |
Manager 1 Sales & Marketing Exec 2 Support 1 |
|
Russia |
1 |
Consultant (not full time) |
1 |
Consultant (not full time) |
|
Brazil |
1 |
Consultant (not full time) |
1 |
Consultant (not full time) |
|
Australia |
1 |
Consultant (not full time) |
1 |
Consultant (not full time) |
|
Japan |
3 |
Manager 1 Sales & Marketing Exec 1 Support 1 |
3 |
Manager 1 Sales & Marketing Exec 1 Support 1 |
|
Singapore |
1 |
Sales & Marketing Exec 1 |
1 |
Sales & Marketing Exec 1 |
|
China (Shanghai & Shenzen) |
4 |
Director Asia Pacific 1 Sales & Marketing Exec 2 Support 1 |
4 |
Director Asia Pacific 1 Sales & Marketing Exec 2 Support 1 |
|
India (Mumbai & Bangalore) |
5 |
Manager 1 Sales & Marketing Exec 3 Support 1 |
5 |
Manager 1 Sales & Marketing Exec 3 Support 1 |
|
Taiwan |
1 |
Senior Project Officer |
Closed |
- |
|
Total No of Offices 2011 - 19 |
Total No of Staff 2011 - 52 |
- |
Total No of Staff 2012 - 52 |
- |
|
Total No of Offices 2012 - 18 |
- |
- |
- |
- |
388. Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation if he or his Department or any of the State agencies within his ministerial remit had representations from or have been in contact with a company (details supplied) in County Kildare; and if he will make a statement on the matter. [24133/13]
View answerI am pleased to confirm that the level of redundancies at the Kildare operation of this company is less that at first indicated. Whereas it had been envisaged that up to 70 posts were going to be lost, the position now is that the job losses will total 39, and it is heartening that all of them will be achieved on a voluntary basis. These redundancies will be finalised by the end of this month.
This means that a total of 124 employees will continue working in the Kildare plant. IDA Ireland is working closely with the company to seek to ensure the continued operation of that plant and these discussions are on-going.
389. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will advise and meet with a group (details supplied). [24209/13]
View answerI thank the Deputy for bringing this business idea to my attention. My Department has had previous contacts with the Deputy's correspondent on this issue.
Enterprise Ireland has a broad system of financial and non-financial supports in place to assist clients through all stages of the business development cycle. My Department has provided the Deputy's correspondent in this matter with the contact details of the relevant Development Adviser in Enterprise Ireland who is available to discuss his proposal with him and who can provide him with details of the supports available from Enterprise Ireland to entrepreneurs and early stage companies that have an innovative product, service or technology, and have the potential to achieve exports sales and create employment. These supports include:
New Frontiers Entrepreneur Development Programme
This national incubation programme offers successful applicants a package of supports to help accelerate their business development and to equip them with the skills to successfully start and grow a company.
HPSU Feasibility Grant
Used to investigate the viability and potential of an innovative/high potential start-up and the development of an Investor Ready Business Plan.
Innovative HPSU Fund (Equity)
The Innovative HPSU Fund allows Enterprise Ireland to offer equity investment to HPSU clients, on a co-funded basis to support the implementation of company business plans. First time and follow-on equity investments in HPSUs are supported under this offer.
Mentor Grant
Used to support the cost of a Mentor Assignment. Enterprise Ireland can match an entrepreneur with an experienced business mentor to assist the start-up phase or advise on specific areas of a company development plan.
Innovation Voucher
Innovation Vouchers, worth €5,000, are available to assist a company to work with a registered college or knowledge provider to explore a business opportunity or technical problem.
Internet Growth Acceleration Programme (iGAP)
A 6 month intensive management development programme aimed exclusively at high potential internet/games companies.
County Enterprise Board Funding
As I outlined previously, funding from the County and City Enterprise Boards (CEBs) would be suitable for small start-up enterprises, such as those linked with the SIABH hub proposal. Eligible clients may qualify for a Priming Grant, which is a business start-up grant that is available to micro enterprises within the first 18 months of start-up. The grants are subject to certain criteria, such as commercial viability, avoidance of displacement of jobs elsewhere in the economy, creation of sustainable employment, etc. The typical Priming Grant payable is 50% of the investment or €80,000, whichever is the lesser, although funding of up to €150,000 may be provided in exceptional circumstances. Students wishing to engage with the local enterprise board following graduation may wish to note that the contact person for Dublin CEB is Greg Swift, CEO, 5th Floor, O'Connell Bridge House, Dublin 2, tel: 01-635 1144, email: gswift@dceb.ie, website: www.dceb.ie, although contact details for all CEBs are available on www.enterpriseboards.ie."
Microenterprise Loan Fund
It is a requirement of all approved applications that matching funding is available from the applicant for investment in the venture. This requirement for matching funding is a proven technique in stimulating change, in that the commitment of entrepreneurs to development projects is significantly increased by virtue of the promoter having a financial interest in the success of the business. In this regard, the availability of the Microenterprise Loan Fund might be of benefit to Mr Bell’s students in overcoming this condition.
The Microenterprise Loan Fund was launched on the 27 September 2012 to improve access to credit for entrepreneurs and micro-enterprises and to facilitate the growth and expansion of viable businesses from all industry sectors which have been refused access to credit by banks.
The Fund provides support in the form of loans of up to €25,000, available to start-up, newly established, or growing microenterprises employing less than 10 people, with viable business propositions, that do not meet the conventional risk criteria applied by banks. The potential viability of the business proposal will be the dominant factor in all credit decisions.
Generally loans will be provided for business start-up costs, expansions costs and working capital. Due to its focus on job creation and the benefits this creates, the new Microenterprise Loan Fund will have a greater risk appetite than Banks could possibly have and therefore will be able to fund and help create and sustain additional micro-enterprises which cannot satisfy conventional Bank credit criteria.
Further information on the Scheme is available at www.microfinanceireland.ie and by telephone on 01-2601007.
390. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding unemployment in the Traveller population; and if he will make a statement on the matter. [24253/13]
View answerThe Department for Jobs, Enterprise and Innovation has no remit with regard to the provision of formal education/qualifications or labour market activation measures. Responsibility for these policy instruments rest with the Department of Education and Skills and the Department of Social Protection respectively.
I understand my colleague the Minister for Justice and Equality and the Traveller Policy Division within his Department are working actively to support and co-ordinate ongoing policy development in relation to Travellers in Irish society.
391. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will provide for 2012 the total number of six monthly filings at the Companies Registration Office in respect of companies that are in receivership; and of that total, the number that were delivered later than the statutory deadline. [24488/13]
View answer393. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will provide for 2012 the total number of six monthly filings at the Companies Registration Office in respect of companies that are in receivership; and of that total, the number that were incomplete when originally filed. [24490/13]
View answer395. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will provide in respect of 2012 an analysis by name of receiver the number of six monthly filings at the Companies Registration Office in respect of companies that are in receivership that were delivered later than the statutory deadline; and if he will make a statement on the matter. [24492/13]
View answerI propose to take Questions Nos. 391, 393 and 395 together.
The following Table sets out the information sought by the Deputy:
|
Total no. of six monthly abstracts filed in 2012 in respect of companies in receivership |
Total no. delivered later than the statutory deadline |
|
2102 |
1543 |
The CRO is the central repository of public statutory information on Irish companies and business names. The CRO organises the data that it receives by company name and registered number and makes this information searchable and accessible to the public on its website via either the name or number data-field. The data is not stored nor indexed according to “receiver appointed” or any other individuals or officers associated with a company. It is, therefore, not possible to list the names of individual receivers as the database is not searchable in this way.
In addition, it is not possible to readily extract statistics on the number of six monthly abstracts filed in respect of companies in receivership, that were incomplete (returned to the presenter for correction) on first submission to the CRO.
392. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the avenues available to former business owners whose businesses are now in receivership and who are seeking information about the affairs of the company that would ordinarily be produced on the six monthly filing by the receiver but which has not been filed. [24489/13]
View answer394. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will provide an assessment of the damage to good corporate governance and transparency that is done by receivers who fail to file six monthly filings at the Companies Registration Office in respect of companies that are in receivership. [24491/13]
View answerI propose to take Questions Nos. 392 and 394 together.
The Companies Acts set out the powers and duties of receivers. There is an obligation on receivers to comply with the legislative provisions applicable to them. Sections 319 and 321 of the Companies Act 1963 provide that a receiver must send to the Registrar of Companies an abstract detailing the assets of the company of which he has taken possession, their estimated value, the proceeds of sale of any such assets and of his receipts and payments for each six months period following his appointment. If a receiver makes default in complying with Section 319, or if applicable Section 321, he is guilty of an offence. The offence may be prosecuted summarily or on indictment and the penalties are set out in Section 145 of the Companies Act 1990, as amended.
From information contained in my reply today to the Deputy’s Dáil question in relation to numbers of filings of six-monthly abstracts in 2012, it would appear that receivers do not fail to file the required abstracts, but many fail to file them within the statutory deadline. While non-compliance with a statutory deadline is not desirable, the Companies Registration Office (CRO) is not in a position to prosecute every case of late filing of statutory submissions. The CRO prioritises its limited enforcement resources towards the key compliance measure of securing the filing of Section 125 annual returns and financial statements by companies.
Section 322 (1) (a) and (2) of the Companies Act 1963 provide that if a receiver fails to file returns, accounts or other documents which he is required to do by law, and fails within 14 days of the serving of a notice requiring him to do so, a creditor or member or the registrar of companies may apply to the court for an order directing the receiver to make good the default within such period as may be specified in the order. There is no provision applicable to a former business owner who is not a member or creditor. Section 322 (3) provides that this does not affect the operation of any other enactment imposing penalties on receivers for similar statutory breaches to those set out in subsection (1).
396. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will lay the latest annual report and accounts of the Company Registration Office before the Houses of the Oireachtas. [24493/13]
View answerThere is no statutory obligation on the Registrar of Companies to prepare an annual report. However, the Registrar does prepare such a report and this is laid before the Houses of the Oireachtas, in conjunction with the annual statutory companies report, prepared by my Department. Both reports for 2012 are currently being translated into Irish and, following consideration by Government, will be laid before the Houses of the Oireachtas in advance of the statutory deadline of end July in respect of the Companies Report.
