Written Answers Nos. 320 to 340
320. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation the way he will ensure that public health concerns will be addressed and oversight of licence applications will be retained with regard to liquor licences as part of the review and audit of licences currently being conducted; and if he will make a statement on the matter. [25275/13]
View answer321. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if the proposals in his review and audit of licences concerning liquor licences will be consistent with the recommendations of the national substance misuse strategy, in particular the need to ensure that those benefiting from the sale of alcohol products make a greater contribution to meeting the costs on the State of alcohol misuse; and if he will make a statement on the matter. [25276/13]
View answer322. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if holders of liquor licences will pay more, the same or less for licences following the review and audit of licences; and if he will make a statement on the matter. [25277/13]
View answerI propose to take Questions Nos. 320 to 322, inclusive, together.
The Forfás report on “The Review and Audit of Licences” recommended the introduction of an integrated licensing system. The Government considers this project to be of significant importance and has positioned it as one of the Disruptive Reforms in the Action Plan for Jobs 2013. Such an integrated licensing system, which will streamline the licensing application process, is a reformative step in reducing the administrative burdens for business. Delivering an integrated licensing system, in the first instance for the retail sector by the end of the year, will require the firm and on-going commitment and engagement of the relevant licensing authorities to work closely with my Department and with Forfás.
A key goal of the proposed system is to support the licence application process through the provision of a single portal or website through which businesses will be able to apply for, and renew, a multiplicity of licences. I should stress that this system will not interfere with the policy aims of the regulations that underpin existing licences. The relevant licensing authorities will continue to authorise and enforce the licences in the usual way. The policy issues referred to in the Deputy’s questions are a matter for the Minister for Justice and Equality.
323. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation the progress made regarding action 126 in the Action Plan for Jobs to compare consumer price levels and consumer price inflation here; if the terms of reference for the proposed report have been agreed; and if he will make a statement on the matter. [25278/13]
View answerAction 126 of the Action Plan for Jobs 2013 requires that Forfás “Compare consumer price levels and consumer price inflation in Ireland with prices in our key competitors; identify the primary drivers of price and inflation differentials and assess the impacts of cost of living in Ireland on labour costs and other business costs.” The Terms of Reference for this work were to be developed in Quarter 2.
Increases in the Consumer Price level represent a significant indirect cost for business as it puts upward pressure on wage expectations, thus adding to the cost base for enterprise and ultimately impacting on our international competitiveness. The recently published Forfas report “Costs of Doing Business in Ireland 2012” found that Irish consumer prices as measured by the Consumer Price Index and the Harmonised Index for Consumer prices were 12% above the euro area average in 2011. The forthcoming Forfas study will go further, and identify the primary drivers of price and inflation differentials. I can confirm that the Terms of Reference for the Forfas study have been agreed. The report is due for completion by the end of the year.
324. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation the progress made regarding action 175 in the Action Plan for Jobs to prepare a policy statement on entrepreneurship, including youth entrepreneurship; and if he will make a statement on the matter. [25279/13]
View answerThe Action Plan for Jobs 2013 has a specific section on driving entrepreneurship and start-up companies and includes a commitment to publish a National Entrepreneurship Policy Statement in Quarter 4 of 2013. To deliver on this commitment, a comprehensive work programme is being undertaken, to include research and consultation with entrepreneurs, interested parties and relevant stakeholders. As part of an assessment of the current environment for entrepreneurship activity, I launched a public consultation process on 17 May, 2013. The purpose of this consultation process is to invite interested parties to submit written views/observations/suggestions to support the Department’s work on establishing how conducive the overall environment in Ireland is for entrepreneurship, and identifying gaps, opportunities, weaknesses and untapped potential.
In addition to the launch of the public consultation on Entrepreneurship Policy, I also recently announced the establishment of a small Entrepreneurship Advisory Forum to advise and support my Department and to influence policy in the area of entrepreneurship. Entrepreneur and investor Sean O’ Sullivan has agreed to chair this Forum.
The main deliverables of the project are to outline key recommendations for immediate action by Government that can be taken in order to: set out objectives, targets and responsibilities for promoting the emergence of new innovative entrepreneurs and facilitating new business start-ups; complement existing initiatives, and ensure that the operating environment is more coherent, responsive and conducive to entrepreneurship; improve the support environment for entrepreneurs; address gaps, bottlenecks or obstacles to entrepreneurship; and improve the perception of entrepreneurship as an attractive career option.
325. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No 259 of 4 December 2012 if he will introduce the statutory instrument to give effect to Articles 19 and 22 of the consumer rights directive limiting credit and debit card surcharges; and if he will make a statement on the matter. [25280/13]
View answerAs I stated in my reply to the Deputy’s question of 4 December 2012, one of the responses to the public consultation on the implementation of Articles 19 and 22 raised an issue that required my Department to seek legal advice from the Office of the Attorney General. My Department has received that advice. The matter at issue was whether early application of the Directive’s provisions was permissible having regard to the wording of the Directive’s transposition provision and the constitutional and legislative provisions governing the implementation of European Union legislation in Ireland. Article 28 (Transposition) of the Consumer Rights Directive requires Member States to adopt the laws or regulations necessary to comply with the Directive by 13 December 2013, and to apply those laws or regulations from 13 June 2014.
The legal advice available to me states largely that early application and enforcement of the directive by way of secondary legislation could be successfully challenged under domestic constitutional law. It noted among other things that Article 29.4.10 of the Constitution provides blanket constitutional immunity for all measures ‘necessitated’ by our membership of the European Union. In view of the wording of the transposition provision at Article 28 of the Directive, however, it was open to question whether the application of the Directive’s provisions prior to the date specified in the Directive could be said to be ‘necessitated’ by the obligations of European Union membership. While there was no obstacle to early adoption of the Directive’s provisions by means of statutory instrument, the application and enforcement of those provisions before June 2014 by secondary legislation could be successfully challenged in the courts.
Accordingly I have reluctantly decided not to proceed with the early implementation of these Articles. It would not be in the interest of consumer protection to have court proceedings arising from the enforcement of these Articles fail on a matter relating to the timing of that enforcement rather than on the substance of the case. Articles 19 and 22 will accordingly be given effect in Regulations to be enacted by December 2013 and to be applied from June 2014. These Regulations will also give effect to the other provisions of the Directive. My Department has drawn the European Commission’s attention to the difficulties caused by the particular form of wording used for the transposition provision at Article 28 of the Directive with a view to ensuring that a similar difficulty will not arise with future European Union consumer protection legislation.
326. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation when he expects the European Commission directorate-general for competition to publish the new Regional Aid Guidelines 2014-2020; and the extent to which he has participated in the recent public consultation process. [25601/13]
View answerAs part of a State Aid Modernisation initiative currently being undertaken by the EU Commission a number of instruments are being reviewed in parallel, including, in particular, Guidelines on Regional Aid, Environmental Aid, Risk Capital, Research Development and Innovation, Broadband Guidelines and Aviation Guidelines. Of major importance from an Irish perspective is the revision of the Regional Aid Guidelines. The purpose of Regional Aid is to support investment and job creation and encourage firms to set up new establishments in Europe's most disadvantaged regions.
The process of Member States agreeing the 2014-2021 Regional Aid Guidelines is underway and multilateral discussions between Member States and the Commission, which has responsibility for the Regional Aid Guidelines, have taken place. This initiative is Commission led, and my Department is actively engaged in the process and has consulted relevant stakeholders including various Government Departments, the enterprise development agencies, Údarás na Gaeltachta, Forfás, the Central Statistics Office, the Border Midland and Western Regional Assembly, the Southern and Eastern Regional Assembly, and the eight Regional Authorities to ensure the preparation and submission of a comprehensive evidence based Irish position on the key issues.
The Commission issued a non-paper of its initial orientations in December 2011, which was followed by a multilateral meeting in March 2012. The Commission subsequently forwarded further proposals to Member States on 14 January 2013, documenting the structure and provisions that will form the basis of the revised Guidelines. These proposals were again discussed at a multilateral meeting on 11 and 12 of February 2013. I met directly with Commissioner Almunia to discuss the issue of State Aids in December 2012. Minister Sherlock has also raised this issue with Commissioner Geoghegan-Quinn. Concerns relating to the range of coverage and support for large enterprises were raised at these meetings as being items of major concern to Ireland.
In addition, my Departments officials are in regular discussions on these issues with Commission officials across a range of dossiers, to ensure that Irish concerns are well known within the Commission. My officials are also liaising with a number of like-minded Member States on the issue. All relevant Government Departments are being kept briefed on this issue through the State Aid Interdepartmental Committee and briefs have issued to all relevant Minsters. All Irish MEPs and the Irish representatives on the Council of the Regions are also being briefed on this issue.
A revised proposal on Regional Aid will shortly be circulated through the Commission as part of the normal inter-service consultation. My Department, in conjunction with the enterprise agencies, is in the process of preparing a detailed submission to the Commission on this revised proposal. The next meeting of the College of Commissioners is scheduled for Wednesday, 19 June 2013. Once the Regional Proposal has been agreed by the College it will be formally adopted and published by DG Competition.
327. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the number of officials who have been present at each IFSC Clearing House Group meeting since March 2011 including each working group. [25672/13]
View answerThe IFSC Clearing House Group and its four Working Groups operate under the auspices of the Department of the Taoiseach and I am advised by that Department that it is providing an answer to this question.
328. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation if officials in his Department have had discussions with their counterparts in other EU member states or the European Commission regarding the standardisation of limited companies on a pan-European basis; and if he will make a statement on the matter. [25872/13]
View answerThere have been a few initiatives at EU level to introduce standard corporate forms. Two of those initiatives have come to fruition with the adoption of the European Company (the “SE”), which is a public limited company, in 2001 and of the European Cooperative (the “SCE”) in 2006. A proposal from the Commission for a European Foundation, akin to a charity, has begun its passage through the European Parliament and Council, and my colleague the Minister for Justice and Equality is leading the Irish position on this.
A proposal from the European Commission to introduce a European Private Company (the “SPE”), introduced in 2008, is not being advanced at this point as Member States were not able to find common ground on certain key features. In light of this impasse, the Commission signalled in its recent Action Plan on European company law and corporate governance (published 12 December 2012) that it will spend time this year and next considering alternatives that would enhance cross-border opportunities for SMEs, such as proposals for mechanisms that would make it easier for companies to establish in other EU Member States without undue administrative burden. The main area of likely action here is a possible proposal on transfer of registered office, so that companies can move to another EU Member State without having to first wind up in their home state. Again, the Commission’s Action Plan on European company law and corporate governance states that the Commission will investigate options and may bring forward a proposal within the next year or so.
Officials in my Department have had discussions with both other Member States and the Commission on all of these proposals, with the exception of the European Foundation where the Department of Justice and Equality takes the lead, in the context of the Council negotiations, the Commission’s Company Law Expert Group and / or as part of our preparations for the Irish Presidency programme as each arose on the EU’s company law agenda over the last few years.
329. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if he will provide details of the trademark arrangements for the Book of Kells (details supplied); if he has assessed the impact that this arrangement has on prospective tourism and heritage businesses in Kells, County Meath; and if he will make a statement on the matter. [25877/13]
View answerA trademark is a sign which serves to distinguish the goods and/or services of one undertaking from those of another. The proprietor of a trademark can, if wishing to seek protection of the mark at national level only within a country, apply to register a trademark at the Industrial Property office of a Member State. In the event that protection is sought across all of the territories of the Member States of the EU, a Community trademark application can be filed at the Office for Harmonisation in the Internal Market, (Trade Marks and Designs) (OHIM) in Alicante.
A Community trademark grants its owner an exclusive right, in the 27 Member States of the European Union, to use the trademark and to prevent third parties using, without consent, the same or a similar mark for identical or similar goods and/or services as those protected by the CTM.
I understand that in the case referred to by the Deputy, a number of trademarks consisting of or containing the words “The Book of Kells” have been registered at the Community Trade Mark office in Alicante for a variety of goods and services. The proprietor of these trademarks is listed as Trinity College, Dublin. The Office in Alicante is a Community institution and is not one in which I have a role in, or any jurisdiction over matters, such as that outlined by the Deputy.
330. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation the staffing levels at Enterprise Ireland and the Industrial Development Agency for each of the past five years. [25908/13]
View answerDetails of the number of maximum staffing levels in both Enterprise Ireland and the Industrial Development Agency for each of the last five years are set out in the following tabular statement.
Table showing the maximum staffing levels at Enterprise Ireland and the Industrial Development Authority for the past five years.
|
- |
Enterprise Ireland |
Industrial Development Authority |
|
2008 |
925.5 |
282 |
|
2009 |
841 |
268 |
|
2010 |
828 |
264 |
|
2011 |
797 |
254 |
|
2012 |
742 |
254 |
331. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation the number of Industrial Development Agency supported jobs created over the past ten years in counties Cork, Waterford, Limerick, Galway and Dublin. [25909/13]
View answerThe Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the enterprise development agencies. Details of the number of IDA-supported jobs created in each of the years from 2003 to 2012 in Counties Cork, Waterford, Limerick, Galway and Dublin are set out in the following tabular statement.
Table showing the number of new jobs created by IDA supported companies from 2003 to 2012 in Counties Cork, Waterford, Limerick, Galway and Dublin.
|
- |
2003 |
2004 |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Cork |
1,239 |
1,368 |
1,288 |
2,066 |
1,759 |
2,116 |
1,108 |
1,393 |
1,990 |
1,979 |
|
Waterford |
561 |
253 |
351 |
851 |
376 |
176 |
112 |
146 |
72 |
75 |
|
Limerick |
139 |
518 |
376 |
793 |
294 |
286 |
172 |
163 |
233 |
400 |
|
Galway |
856 |
711 |
1,361 |
421 |
433 |
636 |
442 |
789 |
1,047 |
859 |
|
Dublin |
3,298 |
5,256 |
5,802 |
6,028 |
5,297 |
4,351 |
2,284 |
5,037 |
6,864 |
6,389 |
332. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation the number of site visits arranged by the Industrial Development Agency in the past year on a county basis. [25910/13]
View answerDetails of the number of IDA sponsored site visits by potential investors during 2012 on a county by county basis are set out in the following tabular statement. 2012 was a very successful year in terms of attracting foreign direct investment (FDI) to this country with 145 investments won. During 2012, a total of 12,722 new jobs were created in IDA supported companies. The net number of new jobs created, at 6,570 is the highest in a decade. The IDA client base now employs 152,785 people in full and part time employment, a level last recorded before the financial crisis began in 2008.
Table of IDA sponsored Sites Visits on a County Basis for 2012
|
County |
2012 |
|
Carlow |
4 |
|
Cavan |
3 |
|
Clare |
14 |
|
Cork |
38 |
|
Donegal |
1 |
|
Dublin |
196 |
|
Galway |
18 |
|
Kerry |
1 |
|
Kildare |
1 |
|
Kilkenny |
3 |
|
Laois |
0 |
|
Leitrim |
0 |
|
Limerick |
30 |
|
Longford |
0 |
|
Louth |
12 |
|
Mayo |
1 |
|
Meath |
0 |
|
Monaghan |
0 |
|
Offaly |
3 |
|
Roscommon |
0 |
|
Sligo |
6 |
|
Tipperary |
5 |
|
Waterford |
26 |
|
Westmeath |
7 |
|
Wexford |
3 |
|
Wicklow |
6 |
333. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if a representative of his Department or the Industrial Development Agency have advised or provided information on the establishment or benefits of non-residential holding companies to perspective foreign direct investment companies; and if he will detail any such advice or information. [25938/13]
View answer334. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the advice given to foreign direct investment companies regarding the establishment of non-trading non-residential holding companies. [25939/13]
View answer337. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of Industrial Development Agency client companies that are whole or part subsidiaries of Irish registered non-residential holding companies. [25942/13]
View answer338. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of Industrial Development Agency client companies that are Irish registered non-residential holding companies. [25943/13]
View answer340. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of inquires from Industrial Development Agency client companies with regard to tax reduction; and to outline how these enquiries are handled. [25945/13]
View answerI propose to take Questions Nos. 333, 334, 337, 338 and 340 together.
IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions. In executing its mandate, IDA Ireland engages with corporate entities, as the primary decision makers around FDI investment. The Agency’s key focus is on maximising the level of economic activity and substance in Ireland from these corporations.
IDA Ireland markets Ireland as a location for FDI on the basis of a number of selling points: a pro-business and technologically advanced environment; the availability of an educated and talented workforce with the blend of appropriate skill sets; a range of affordable, state-of-the-art property solutions; the availability of world class access infrastructure, for example, road access to key cities and ports and international airports; and an attractive corporate tax rate. IDA Ireland is a marketing organisation not a tax advisory body. In the course of its engagement with client companies, IDA Ireland provides general information to companies on the Irish tax regime while companies and their financial advisors engage separately and directly with the Revenue Commissioners, as required.
I wish to reiterate that Ireland is not a tax haven. Since the 1950s, there has been a consistent Government policy to use a competitive corporation tax rate as a means to attract investment and jobs to Ireland. A deliberate decision has been taken by successive Governments to ensure that our tax system is transparent and our competitive rate is applied to a wider tax base. I understand from my colleague the Minister for Finance that he has been advised by the Revenue Commissioners that the number of companies and the names of same that are incorporated here but non-resident for tax purposes are not available as they are not separately compiled.
335. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the value of supports made available to Google and Apple from the Industrial Development Agency. [25940/13]
View answer336. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the value of supports made available to Apple Sales International from the Industrial Development Agency. [25941/13]
View answer339. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the advice offered to companies in the Apple group with regard to tax measures by the Industrial Development Agency or if they were referred to the Revenue Commissioners. [25944/13]
View answer341. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the meetings between Industrial Development Agency officials and representatives or directors of Apple Operations Ireland or Apple Sales International. [25946/13]
View answerI propose to take Questions Nos. 335, 336, 339 and 341 together.
Since establishing in Ireland in 2003, Google Ireland Limited was paid €7,500,000 in grant assistance from IDA Ireland. That company employs over 2,500 staff in this country. In the 33 years since establishing in Ireland, Apple’s entire operation has been paid €17,854,407 in grant assistance from IDA Ireland in support of its major corporate activities in Cork. That company employs approximately 4,000 staff in Ireland.
Given the number of employees working in each company in Ireland, if all were just earning the average wage then the tax revenue for the Exchequer each year would be of the order of €6,400 per worker in PAYE and USC payments or €41m per year in aggregate. This figure is likely to be much larger as staff at both these companies would likely be earning above the average wage.
In the course of its engagement with client companies, IDA Ireland provides general information to companies on the Irish tax regime. However the IDA is not a tax advisory body. Obviously companies and their financial advisors engage separately and directly with the Revenue Commissioners as required. IDA Ireland engages with corporate entities, as the primary decision makers around FDI investment. The Agency’s key focus is on maximising the level of economic activity and substance in Ireland from these corporations. Large companies generally have a significant number of subsidiaries within their overall corporate structure.
In relation to Apple, IDA Ireland’s engagement in the past 30 years is has been with Apple Corporate and with its Irish operation in Cork. Over this period, the Agency has met with Apple frequently in relation to the execution of its mandate. Distinctions would not normally be made as to whether or not specific subsidiaries might be involved in particular meetings.
