Thursday, 18 Jul 2013

Written Answers Nos. 287-300

Companies Law Issues

Questions (287)

Andrew Doyle

Question:

287. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation his views on whether the company law (accounting) directive, between EU member states, will reduce an administrative burden for small and medium enterprises in the long run, but in the short and medium term if he sees this changeover to be burdensome to Irish small and medium-sized enterprises; his views on whether now is the correct time to be making these changes; and if he will make a statement on the matter. [36168/13]

Written answers

Minister for Jobs, Enterprise and Innovation

I regard the brokering of the agreement with the European Parliament on the Accounting Directive as one of the more significant achievements of the Irish Presidency. The new Accounting Directive introduces a simplified set of accounting rules and will reduce the administrative burden on SMEs, both in the long term and in the medium term.

The Directive reduces the requirements imposed on SMEs so, apart from the need for a small degree of familiarisation, there is no reason why the changeover should be burdensome, in the short term or in the medium term.

The Accounting Directive is one of the final outstanding parts of the Single Market Act I. The Single Market Act is a series of measures designed to boost the European economy and create jobs, which is a matter of particular importance in the current economic climate. I therefore believe that now is the appropriate time to be making these changes

The new Directive is now part of EU law and Ireland is obliged to implement it.

EU Presidency Issues

Questions (288)

Andrew Doyle

Question:

288. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on state-aid modernisation and progress made on the matter during the Irish EU Presidency, specifically regarding good aid; and if he will make a statement on the matter. [36170/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The aim of the Commissions State Aid Modernisation process is that State Aid policy should help both the implementation of the EU 2020 strategy for growth as well as budget consolidation, by a more efficient use of taxpayers’ money and to encourage Member States to spend State Aid on public policies that can boost growth and create jobs.

It also aims to ensure that State aid control should facilitate the treatment of so called ‘good aid’, which is aid that is the least distortive, is well-designed, and is targeted at identified market failures and objectives of common interest.

The Irish Presidency convened nine meetings of the Competition Working Party to discuss two regulations: the Procedural Regulation, which sets out how complaints or formal investigations in State aid are addressed by the Commission, and the Enabling Regulation, which dictates how the Commission decides upon the scope of the types of aid that could in the future be covered by block exemptions. Once block exempted, certain aid can be brought into place by Member States without seeking prior permission from the Commission.

The ninth and final meeting of the Competition Working Party took place on 07 May 2013. The Competition Working Party noted the support for a large majority of delegations for the two Presidency compromise texts. The Permanent Representatives Committee approved the Presidency compromise texts on both Regulations on 15 May 2013 and invited the Council (Competitiveness) at its meeting on 29 May 2013 to proceed to a public debate with a view to the subsequent adoption of the two Council Regulations.

Because of the high political importance of State Aid Modernisation, the Presidency proceeded - as the opinions from the European Parliament were not yet adopted - to a General Approach on these two Regulations at the 29 May Competitiveness Council.

The agreement will ensure more efficient and transparent monitoring of State Aid by the Commission, enhanced data-gathering processes and improved co-operation between the Commission and Member States’ national courts. The reforms will also enable the Commission to focus on large and potentially distortive State Aids, while simplifying the procedures for ‘good aid’.

Formal adoption of the regulations will now take place under the incoming Lithuanian presidency. The Commission will aim at developing the rest of the package over the following year with a view to progressively achieving the revision of the main Commission acts and guidelines by the end of 2013. The main instruments of the package, including the Council acts, should be adopted by the end of 2013.

EU Presidency Issues

Questions (289)

Andrew Doyle

Question:

289. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on achievements made during the Irish EU Presidency on advancing trade with our partners in Asia; and if he will make a statement on the matter. [36185/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The notable achievements during the Irish EU Presidency on advancing trade with our partners in Asia include the formal launch of negotiations on a Free Trade Agreement and Investment Agreement with Japan, and agreement on a negotiating mandate and the first round of negotiations for a free trade agreement with Thailand. The Presidency also started Council consideration of the Commission’s recommendation for a mandate to open EU negotiations with China on an Investment Agreement. Progress on trade agreements with other Asian economies continued, with further trade talks taking place with Singapore and Vietnam. Myanmar/Burma was readmitted to the EU’s Generalised System of Preferences, which allows preferential access to the EU market.

The competence for the EU's common commercial policy lies with the European Union. Under Article 207 of the Treaty on the Functioning of the European Union, the European Commission conducts the negotiations on behalf of the EU. The EU Commission’s website www.ec.europa.eu/trade/ is a useful source of information for the state of play of all EU trade and investment negotiations.

Employment Rights Issues

Questions (290)

Richard Boyd Barrett

Question:

290. Deputy Richard Boyd Barrett asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the case of a person (details supplied), an Eircom employee for 36 years; if he will intervene with Eircom on his ore her behalf as the person has exhausted all industrial relations avenues with the company. [36191/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The Labour Court is an independent statutory body. As Minister, I have no role in relation to the decisions and recommendations of the Labour Court. Nor have I as Minister any role, under the Industrial Relations Acts 1946-2012, or otherwise in the implementation of the recommendations of the Labour Court.

In general, an employee has no right under employment law to be paid while on sick leave. Consequently, it is at the discretion of the employer to decide his/her own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment.

Under Section 3 of the Terms of Employment (Information) Act 1994 and 2001 an employer must provide an employee with a written statement of terms of employment within two months of the commencement of the employment. This statement must include information on the terms or conditions relating to incapacity for work due to sickness or injury. These terms and conditions may include excessive sick absence as a ground for disciplinary procedures and/or termination of employment.

Any dispute in relation to the provisions of an employee’s terms and conditions of employment is, in the first instance, a matter for the parties to resolve in line with the workplace internal policies. Employees are afforded significant protection against unreasonable disciplinary action and dismissal through the provisions of employment legislation including the Employment Equality Acts, the Unfair Dismissals Acts and the Industrial Relations Acts.

If an employee believes he or she has been unfairly disciplined or dismissed in any circumstances, including those referred to in the Deputy’s question, that employee, having exhausted the employer’s internal procedures, may refer a complaint to the State’s employment rights dispute resolution machinery. This machinery currently includes the Early Resolution Service (ERS), the Rights Commissioner Service, the Equality Tribunal, the Labour Relations Commission, the Labour Court and the Employment Appeals Tribunal.

Further information on employees’ statutory employment rights or general information in relation to submitting a complaint may be obtained from the Workplace Relations Customer Service Unit at 1890 80 80 90.

Departmental Agencies Pension Provisions

Questions (291)

Michael McGrath

Question:

291. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation in respect of each State agency and commercial State company under the aegis of his Department, if he will provide details of the name of each pension scheme; details of the salary percentage contributions made by the employer and the employees; the latest information on the funding position of the scheme; if any changes are planned; and if he will make a statement on the matter. [36375/13]

Written answers

Minister for Jobs, Enterprise and Innovation

Details of the Pension Schemes of each State agency and commercial State company under the aegis of my Department are a matter for the Administrators of the individual Schemes. I have asked the Agencies to respond directly to Deputy McGrath.

Ministerial Transport

Questions (292)

Michael McGrath

Question:

292. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the number of miles claimed for and the amount of travel expenses paid to him and each Minister of State in his Department in respect of their functions as a Minister in his Department [36390/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The following table sets out the kilometres claimed and the Travel and Subsistence payments made to me in my capacity as Minister for Jobs, Enterprise and Innovation and to the Ministers of State at my Department from the 1 March 2011- 14 July 2013 as requested by the Deputy.

It is important to note that the Travel and Subsistence figures includes hotel and other expenses along with mileage and subsistence payments made in accordance with the rates governed by the Department of Public Expenditure and Reform.

1st March 2011- 14th July 2013	Kilometres claimed	Travel and Subsistence Paid
Minister Bruton	37,252	€18,321.55
Minister Perry	179,218	€71,886.90
Minister Sherlock	151,246	€52,736.04

IDA Site Visits

Questions (293)

Michael McGrath

Question:

293. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if he will provide, on a county basis, a breakdown of the number of IDA Ireland sponsored visits for each year since 2010 and to date in 2013; and if he will explain IDA Ireland's strategy to ensure there is an equitable distribution of visits among counties. [36399/13]

Written answers

Minister for Jobs, Enterprise and Innovation

Details of the number of IDA sponsored site visits by potential investors on a county basis from the beginning of 2010 to date in 2013 are set out in the attached tabular statement.

IDA has indicated that, in seeking to achieve balanced regional development and the broader goal of securing new foreign direct investment (FDI) projects for Ireland in a very competitive global environment, the concept of scale is crucial. In order to achieve balanced regional economic development, IDA prioritises the marketing of its Gateway locations within each Region as the locations of critical mass and highlights the opportunities provided by other locations on an opportunistic basis, which are within commuting distances of these Gateways.

That having been said, it must be acknowledged that some locations outside of Dublin and the main urban centres already facilitate the presence of a large number of multinational companies who have invested over the years, span multiple sectors and employ significant amounts of people. The primary opportunity for regional locations is in respect of the existing client base and potential further investment opportunities from same. Approximately 70% of all FDI investments won by IDA is from the existing client base.

I am determined to ensure that Ireland can continue to compete globally for foreign direct investment. In winning such investments, I am, however, mindful of the need to address the concerns that have been expressed to me by Deputies on all sides of the House about the relatively low level of site visits to certain regional locations. I have, accordingly, requested IDA Ireland and Enterprise Ireland to work with my Department so that we can explore what further initiatives we can take to ensure we have a better approach to enterprise development in regional locations. This exercise will complement the in-depth analysis of our FDI strategy which is currently being undertaken. This analysis, will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI, the changes to the EU’s State Aid rules that will be introduced in 2014 and our approach to regional development will inform the formulation of an appropriate FDI strategy for the period post 2014.

Table showing the number of IDA sponsored site visits by potential investors

County	2010	2011	2012	2013 to end of June 13
Carlow	3	2	4	1
Cavan	3	0	3	2
Clare	7	15	14	5
Cork	44	27	38	26
Donegal	4	2	1	4
Dublin	197	150	196	124
Galway	41	35	18	12
Kerry	2	2	1	1
Kildare	2	3	1	0
Kilkenny	0	0	3	0
Laois	0	2	0	2
Leitrim	0	0	0	1
County	2010	2011	2012	2013 to end of June 13
Limerick	38	40	30	20
Longford	0	0	0	0
Louth	25	26	12	2
Mayo	1	0	1	2
Meath	0	2	0	1
Monaghan	0	1	0	1
Offaly	7	1	3	1
Roscommon	0	0	0	2
Sligo	12	3	6	8
Tipperary	1	1	5	3
Waterford	11	11	26	13
Westmeath	22	15	7	3
Wexford	1	0	3	0
Wicklow	5	3	6	1

Note : These figures are NOT indicative of the number of companies that visited the country. Companies can visit more than one region and more than one location within a county. Therefore, these figures indicate the number of individual site visits made to various sites around the country.

IDA Site Visits

Questions (294)

Michael McGrath

Question:

294. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation in the context of IDA Ireland's Horizon 2020 strategy and target that 50% of investments will be located outside Dublin and Cork, if he will provide a breakdown of the number of IDA Ireland sponsored visits to Dublin which also visited Cork and the number of IDA Ireland sponsored visits to Cork which also visited Dublin since 2010. [36400/13]

Written answers

Minister for Jobs, Enterprise and Innovation

I am informed by IDA Ireland that, since the beginning of 2010 to end of June 2013, there have been 667 IDA sponsored site visits by potential investors to Dublin and 135 such visits to Cork. I understand that some companies would have visited Dublin and Cork on the same itinerary or at different stages and over a number of itineraries, whilst others would have visited just Dublin and just Cork respectively. IDA has informed me that it does not have the facility to manipulate its data base to provide an instant cross reference of site visits for companies that have visited both Dublin and Cork.

A number of locations outside of Dublin and the main urban centres already facilitate the presence of a large number of multinational companies who have invested over the years, span multiple sectors and employ significant amounts of people. The primary opportunity for attracting FDI to such regional locations lies with existing clients and the potential further investment opportunities from this base as approximately 70% of all FDI investments won by IDA is from the existing client base.

I am determined to ensure that Ireland can continue to compete globally for foreign direct investment. In winning such investments, I am, however, mindful of the need to address the concerns that have been expressed to me by Deputies on all sides of the House about the relatively low level of site visits to certain regional locations. I have, accordingly, requested IDA Ireland and Enterprise Ireland to work with my Department so that we can explore what further initiatives we can take to ensure we have a better approach to enterprise development in regional locations. This exercise will complement the in-depth analysis of our FDI strategy which is currently being undertaken. This analysis, will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI, the changes to the EU’s State Aid rules that will be introduced in 2014 and our approach to regional development will inform the formulation of an appropriate FDI strategy for the period post 2014.

Table showing the number of IDA sponsored site visits to Dublin and Cork

County	2010	2011	2012	2013 (to end of June)
Cork	44	27	38	26
Dublin	197	150	196	124

Note: These figures are NOT indicative of the number of companies that visited the country. Companies can visit more than one region and more than one location within a county. Therefore, these figures indicate the number of individual site visits made to various sites around the country.

Legislative Process

Questions (295)

Regina Doherty

Question:

295. Deputy Regina Doherty asked the Minister for Jobs, Enterprise and Innovation if he will provide, in tabular form, the number of amendments to legislation he proposed during Committee and Report Stages in Seanad Éireann in 2012; if he will provide in tabular form the number of his amendments accepted; and if he will indicate in tabular form the number of amendments accepted from Members of the Seanad, broken down by Senator. [36439/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The acceptance, or otherwise, of amendments proposed to legislation in Seanad Eireann is primarily a matter relating to the work of the Seanad. In particular, I have no direct responsibility in relation to whether an amendment that either I or a Senator proposes, is accepted by the Seanad, and I have no direct responsibility for the proposing of amendments by Senators.

However, extensive material in relation to the progress of legislation through the Seanad, including such progress at Committee and Report Stages, is made publicly available on the Oireachtas website at www.oireachtas.ie. This material includes transcripts of debates on legislation in the Seanad, lists of proposed amendments at Committee and Report Stages (including the name of the Senator proposing each amendment), and the text of the proposed legislation itself at each successive stage, including where appropriate any amendments which have been accepted at the previous stage.

IDA Portfolio

Questions (296)

Tom Fleming

Question:

296. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if he will outline the names and location of the IDA Ireland supported foreign direct investment companies here; the country of origin of each company and the total up-to-date workforce by each of these companies here; and if he will make a statement on the matter. [36447/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The names, location in Ireland and countries of origin of the 1,033 IDA client companies located in Ireland have been sent to the Deputy directly.

The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualised basis and is aggregated at county level. Information is provided by companies on a confidential basis for statistical purposes only, therefore employment data in respect of on individual companies is not disclosed. I am pleased to inform the Deputy that the latest Forfás Employment Survey shows that IDA client companies employ a total of 152,784 people in full and part time employment.

Ministerial Staff

Questions (297)

Mary Lou McDonald

Question:

297. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the staffing levels of the private offices and constituency offices of Ministers and Ministers of State in his Department; the salary of each; the same figures for this time in 2011; and if he will make a statement on the matter. [36503/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The following tables outline the information as requested by the Deputy. These figures reflect adjustments to pay in accordance with the Financial Emergency Measures in the Public Interest Act 2013 and the relevant provisions of the Haddington Road Agreement, which were implemented with effect from 1 July 2013.

Minister for Jobs, Enterprise and Innovation	Staff July 2011	Staff July 2013	Salary July 2011 €	Salary July 2013 €
Private Office	-	-	-	-
Higher Executive Officer (Private Secretary)	1	-	46,081-58,294	-
Assistant Principal (Private Secretary)		1		65,000-76,224
Personal Assistant	1	1	43,715-56,060	43,715-56,060
Special Adviser	1	1	127,000	118,840
Press Adviser	1	1	80,051-98,424	75,647-92,550
Executive Officer	2	0	30,516-47,975	-
Clerical Officer	6	5	441.59-695.03 pwk	441.59-695.03 pwk
Civilian Driver	2	2	631.75 pwk	631.75 pwk
Constituency Office	-	-	-	-
Personal Secretary	1	1	456.50-915.20 pwk	456.20-915.20 pwk
Clerical Officer	1	1	444.17-715.62 pwk	444.17-715.62 pwk

Minister of State for Research and Innovation	Staff July 2011	Staff July 2013	Salary July 2011 €	Salary July 2013 €
Private Office	-	-	-	-
HEO Private Secretary	1		46,081-58,294
EO Private Secretary		1		30,516-47,975
Clerical Officer	3	2	444.17-715.62 pwk	444.17-715.62 pwk
Civilian Driver	2	2	631.75 pwk	631.75 pwk
Constituency Office	-	-	-	-
Personal Assistant	1	1	43,715-56,060	43,715-56,060
Personal Secretary	1	1	456.50-915.20 pwk	456.50-915.20 pwk
Clerical Officer	0.5	0.5	444.17-715.62 pwk	444.17-715.62 pwk

Minister of State for Small Business	Staff July 2011	Staff July 2013	Salary July 2011	Salary July 2013
Private Office	-	-	-	-
HEO Private Secretary	1	1	43,816-55,415	43,816-55,415
Staff Officer	1	1	33,070-43,906	33,070-43,906
Clerical Officer	1	1	441.59-695.03 pwk	441.59-695.03 pwk
Civilian Driver	2	2	631.75 pwk	631.75 pwk
Constituency Office	-	-	-	-
Personal Assistant	1	1	43,715-56,060	43,715-56,060
Personal Secretary	1	1	456.50-915.20 pwk	456.50-915.20 pwk
Clerical Officer	0	1	-	444.17-715.62 pwk

Exchequer Savings

Questions (298)

Mary Lou McDonald

Question:

298. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation if he will provide the saving to the Exchequer if the pay of all his special advisers, and those of his Ministers of State, were capped at the first point on the principal officer pay scale. [36518/13]

Written answers

Minister for Jobs, Enterprise and Innovation

Adjustments to pay in accordance with the Financial Emergency Measures in the Public Interest Act 2013 and the relevant provisions of the Haddington Road Agreement, have been implemented from 1 July 2013. The table set out below outlines the salary details of the two Special Advisors appointed by me as Minister for Jobs, Enterprise & Innovation in line with the Guidelines for Ministerial Appointments and as sanctioned by the Minister for Public Expenditure and Reform. There are no Special Advisers appointed by my Department’s Ministers of State.

Name	Salary Scale from 1/7/13	Current Salary (11/07/13)	Estimated Annual Saving if Pay Capped at 1st point on Principal Officer Scale*
Special Adviser	€118,840	€118,840	€43,193
Press Adviser	€75,647 - €92,550	€81,676	€6,029

*Based on 1 July 2013 pay rates

IDA Job Numbers

Questions (299)

Tom Fleming

Question:

299. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if he will outline IDA Ireland supported jobs created by foreign direct investment companies from 1 January 2013 to 30 of June 2013; the location of each of these companies; and if he will make a statement on the matter. [36564/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualised basis and is aggregated at county level. Figures for 2013 will not be available until year end. I am pleased to inform the Deputy that the latest Forfás Employment Survey shows that during 2012 a total of 6,570 net new jobs were created in IDA client companies.

I am also pleased to inform the Deputy that in the first half of 2013 IDA Ireland has secured 70 investments of which 35 have come from companies investing in Ireland for the first time. It is expected that these investments will lead to the creation of 7,000 jobs over the next number of years.

Employment Rights Issues

Questions (300)

Bernard Durkan

Question:

300. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the current regulations appertaining to employees in the hotel sector in respect of minimum pay, breaks, holidays and premia in respect of night duty and-or other pay; and if he will make a statement on the matter. [36717/13]

Written answers

Minister for Jobs, Enterprise and Innovation

As a consequence of the judgment in the John Grace Fried Chicken High Court case on 7 July 2011, the provisions of sections 42, 43, and 45 of the 1946 Industrial Relations Act 1946 and section 48 of the Industrial Relations Act 1990 Act were declared to be invalid having regard to the provisions of Article 15.2.1 of the Constitution. Consequently, all of the seventeen Employment Regulations Orders (EROs) that fixed minimum rates of pay and conditions of employment in place at that time, including the ERO covering the Hotels sector outside of Dublin and Cork, ceased to have statutory effect from that date.

The minimum rates of pay and conditions of employment for Hotel workers covered at the time of the judgement by the ERO continued to be protected by their individual contracts of employment, many of which would have been set at the prevailing ERO rates. Any question of a change to an employee’s contractual entitlements is essentially a matter to be agreed between each employee and their employer.

Employees in employment sectors previously regulated by ERO’s now come within the ambit and the pay rates provided for under the National Minimum Wage Act 2000. Provisions in relation to breaks, holidays and premium payments for working on Sunday's are covered by the Organisation of Working Time Act, 1997.