Written Answers Nos. 318 - 336
318. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 520 of 18 September 2013, the number of innovation vouchers distributed in the last three years in County Galway. [41113/13]
View answerUnder the Innovation Vouchers initiative, administered by Enterprise Ireland, the number of Vouchers approved and distributed in County Galway in the last three year and to date in 2013 is set out as follows.
|
Year |
Number Approved |
|
2013 |
29 |
|
2012 |
59 |
|
2011 |
54 |
|
2010 |
57 |
319. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation if he shares concerns that the efforts to create a unified European patent registration and regulatory system, while in itself an excellent and logical step, may facilitate patent assertion entities that file patents in an obstructive and opportunist manner to the detriment of genuine innovation and if he will pursue the matter at European level. [41116/13]
View answerI am pleased to note the Deputy's positive disposition generally towards the introduction of unitary patent protection among participating EU Member States and a system of enforcement through the setting up of a Unified Patent Court. This initiative has been a very long time in gestation and progress was stalled on so many occasions over the past four decades so it is timely to bring this work to finality and make it a reality for the business community. Concerns around the cost of patenting an invention in Europe and protecting that patent from infringement relative to other major competitor countries have driven this initiative and it is one of the outstanding objectives necessary to complete the single market and allow for growth in innovation by making patent protection more accessible and patent enforcement more cost effective.
Since the signing of the Unified Patent Court Agreement in February of this year, work on the modalities of the Court is being undertaken by a Preparatory Committee composed of representatives of the twenty five signatory States, including Ireland. One aspect of the Committee's work involves development of a set of standardised rules of Court to apply in all instances of the Court regardless of geographic location. This is pivotal in ensuring that judgements and decisions are taken on the basis of standard applicable rules in all instances of the Unified Patent Court and will be important in trying to rule out the activities of patent assertion entities referred to by the Deputy. Under the Agreement setting up the Unified Patent Court, the central Court is to be located in Paris, Munich and London. In addition, Member States may set up a regional Court in which a number of Member States will participate or, certain Member States may opt to set up a local instance of the Court in their own jurisdictions.
A draft text of the Rules of the Court is currently the subject of public consultation as well as the procedures applicable to all instances of the Court. The submissions received as part of this consultation, which is open until 1 October 2013, will further inform the development of the Court Rules. I understand that a number of companies have made submissions to the Committee already and I am confident that any concerns raised during this process, including rules to prevent the activities of patent assertion entities, will be considered in full by the Committee.
320. Deputy Joanna Tuffy asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on all regulatory impact statements carried out on Bills in his Department since this Government took office to date; and if he will list these Bills in tabular form. [41597/13]
View answerDetails of Regulatory Impact Assessments undertaken by my Department since 2011 are set out as follows.
|
RIA Undertaken (Name of Bill/Act/Regulations) |
Details of Regulatory Impact Assessment |
|
County Enterprise Boards (Dissolution) Bill, 2013 |
The RIA was undertaken to consider options on how best to implement the Government Decision of 17 April 2012 to dissolve the County Enterprise Boards and restructure the existing micro enterprise support structures with a view to creating an enhanced national micro enterprise support model to be delivered through Local Enterprise Offices. The RIA concluded that the proposed Bill is the appropriate way to give legal certainty to the Government Decision. The CEB (Dissolution) Bill was published on 31 July, 2013, and the RIA is available on my Department’s website. |
|
Microenterprise Loan Fund Bill 2012 |
This RIA was prepared by my Department in April, 2012. The objective of this legislation is to establish a Microenterprise Loan Fund and to provide for Social Finance Foundation to manage and control the Microenterprise Loan Fund on behalf of the Minister for Jobs, Enterprise and Innovation. It empowers the Minister to pay monies provided by the Oireachtas into the fund and to accept gifts of moneys for allocation to the Fund. The objective of the fund is to provide loans to start-up, newly established, or growing microenterprises, thereby facilitating job creation and retention across the economy in all microenterprises with commercially viable proposals that do not meet the conventional risk criteria applied by banks. The Microenterprise Loan Fund is not intended to replace any current bank. |
|
Credit Guarantee Bill 2012 |
This RIA was carried out in October, 2011. The ultimate objective of this regulatory proposal is to empower the Minister for Jobs, Enterprise and Innovation to establish a targeted Temporary Partial Credit Guarantee Scheme. The legislation will empower the Minister to give a loan guarantee, designate a lending institution as a participating lending institution, set eligibility criteria for borrowers in such lending institutions, set loan conditions, set out requirements in respect of liability of the Minister regarding payment of guarantees, to require adequate monitoring arrangements and evaluation, to review and revoke the scheme and to assign a contractor to oversee the operation of the Scheme. The objective of the Scheme is to provide a Government guarantee to the lender of 75 per cent on eligible individual loans to viable businesses, which is paid to the lender on the unrecovered outstanding balance on a loan in the event of an SME defaulting on the loan repayments. The purpose of the scheme is to encourage additional lending to SMEs, not to substitute for conventional lending. It is not a grant, nor is it support for ailing businesses. The Scheme is intended to address specific market failures that prevent bank lending to some commercially viable businesses by providing a level of guarantee to banks against losses on qualifying loans to job-creating firms. All decision making at the level of the individual loan will be fully devolved to the participating lenders. |
|
Companies Bill 2012 |
A RIA was published with the Company Law Review Group's General Scheme of the Companies Consolidation and Reform Bill in 2007. An updated version of that RIA was published on my Department's website following publication of the Companies Bill 2012. |
|
Friendly Societies and Industrial and Provident Societies Bill 2013 |
A RIA was undertaken to explore the various policy options regarding amendments to two codes of legislation, the Friendly Societies Acts and the Industrial and Provident Societies Acts. The main amendment in the area of friendly societies provides for the closure of registration of new societies. The amendments in the area of industrial and provident societies are aimed at easing the regulatory burden on co-operative societies and making examinership, currently available only to companies, accessible to co-operative societies. The RIA was published on my Department’s website on publication of the Bill in July 2013. |
|
Protection of Employees (Temporary Agency Work) Act 2012 |
The RIA was published in May 2012 and is available on my Department’s website. |
|
Competition (Amendment) Bill 2011 |
The RIA was prepared in conjunction with the preparation of the Bill which gives effect to an EU/IMF Programme commitment. The RIA was published on 29 September 2011 online on my Department’s website. |
|
Consumer Protection and Competition Bill |
The RIA was prepared in conjunction with the preparation of the Bill. The RIA will be published in conjunction with the publication of the Bill. |
|
Industrial Relations (Amendment) (No. 3) Bill 2011 |
This Bill is to provide for reform of statutory wage setting mechanisms (REAs and JLCs). |
In respect of legislation currently being prepared by my Department, the following 2 RIAs have also been published.
|
RIA Undertaken (Name of Bill/Act/Regulations) |
Details of Regulatory Impact Assessment |
|
Workplace Relations Bill |
A RIA was undertaken to explore the various policy options regarding the introduction of legislation to consolidate the existing employment and equality dispute resolution and compliance and enforcement bodies. The RIA was published in July 2012. The General Scheme of the Workplace Relations Bill outlines proposals which will deliver a root-and-branch reform of the State's existing employment rights and industrial relations structures. The current complex structure involving five bodies will be replaced with a rationalised two-tier system compromising two bodies (the Workplace Relations Commission and the Labour Court), supported by a single shared-services administration |
|
Employment Permits Bill |
A RIA was prepared and submitted to Government in April 2012 on the options for a regulatory proposal to provide for more flexibility and targeted instruments in support of the economy's skills needs. An up-dated RIA was published on my Department’s website in January 2013 seeking submissions in relation to the proposed legislation. |
321. Deputy Stephen S. Donnelly asked the Minister for Social Protection if she will amend the Civil Registration Act 2004 to allow deaths to be registered in the absence of a medical certificate of cause of death, or on foot of a coroner's certificate, to specifically allow for deaths of unborn children to be registered; and if she will make a statement on the matter. [40430/13]
View answer323. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason the death of an unborn child cannot be registered; and if she will make a statement on the matter. [40800/13]
View answerI propose to take Questions Nos. 321 and 323 together.
The loss of a child in any circumstances is an extremely tragic event for a family and I would like to extend my deepest sympathies to those families who have lost children. The procedures governing the registration of deaths are provided for under Part 5 of the Civil Registration Act, 2004. When a death occurs it is registered on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner’s certificate. These are the only circumstances under which a death can be registered.
Section 28 of the Civil Registration Act, 2004 provides for the registration of stillbirths. A still born child is defined under the Act as “a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life and ‘‘stillbirth’’ shall be construed accordingly”. Section 28 (7) of the Act provides that, if a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the functional area of the authority in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chlaraitheoir may direct.
While acknowledging that the loss of an unborn child is very sad for the family concerned it would not be practical or feasible to establish and maintain a register of deaths in such cases. It is not intended, therefore to amend the Civil Registration Act, 2004 to allow for the registration of deaths without a medical certificate or a coroners certificate stating the cause of death.
322. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will make a commitment that more staff will be made available to the Money Advice and Budgeting Service; and if she will make a statement on the matter. [40614/13]
View answerThe Money Advice and Budgeting Service (MABS), under the aegis of the Citizens Information Board, assists people who are over-indebted and need help and advice in coping with debt problems, in particular those on low incomes and people living on social welfare payments. The Money Advice and Budgeting Service is made up of a network of 53 companies which includes 51 local companies and 2 national companies, MABSNDL and National Traveller MABS. The number of new clients and Helpline callers dealt with by MABS over the last number of years has remained relatively steady, the details of which are listed in the table.
|
Year |
Clients |
Helpline |
|
2009 |
19,094 |
24,802 |
|
2010 |
21,653 |
27,742 |
|
2011 |
22,462 |
29,629 |
|
2012 |
22,198 |
24,202 |
In 2013, the Citizens Information Board has been allocated a budget of approximately €47.5 million of which some €19 million has been assigned to MABS. In 2012 the corresponding allocation was €46.8 million and €18.3 million respectively.
There are 277 money advice staff employed across the MABS network. In 2013, 16 additional temporary staff were assigned to MABS for the establishment of the Approved Intermediary Service for the purpose of processing Debt Relief Notices as part of the new insolvency arrangements under Insolvency Service of Ireland.
I am satisfied that MABS will continue to provide a high quality personal service to assist people in overcoming their indebtedness and managing their finances and that the additional resources assigned will ensure that MABS will play an important role in the new arrangements for assisting peoples with debt difficulties.
325. Deputy Pat Breen asked the Minister for Social Protection when a decision on carer's allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [40391/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
326. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if she has submitted plans to the European Commission for the roll out of the youth guarantee; if she will provide copies of these plans; and if she will make a statement on the matter. [40394/13]
View answer327. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the policy documentation she has produced related to the youth guarantee; and if she will make a statement on the matter. [40395/13]
View answer404. Deputy Finian McGrath asked the Minister for Social Protection if it is possible to receive back to education allowance in respect of a level 9 third level course. [41071/13]
View answerI propose to take Questions Nos. 326, 327 and 404 together.
The EU Council recommended that Member States should provide a Youth Guarantee which would ensure that all young people under the age of 25 years receive a good quality offer of employment, continued education, an apprenticeship or a traineeship within a period of four months of becoming unemployed or leaving formal education. While it is recommended that the Youth Guarantee should be implemented as soon as possible, it is recognised that implementation will be more gradual in the Member States experiencing the most severe budgetary difficulties and higher rates of youth unemployment.
The Department of Social Protection has set up an interdepartmental Youth Guarantee Implementation Group with officials and programme managers from the Department of Education and Skills, Department of Jobs Enterprise and Innovation, and the Department of Children and Youth Affairs. The terms of reference for this group are to review the current range of youth employment policies in Ireland to assess what measures will need to be taken to commence the implementation of the Guarantee. The Department of Social Protection has also requested the assistance of the OECD in developing the Youth Guarantee Policy.
It is intended to produce a concrete plan for the implementation of the Guarantee for consideration by the Government in December before being transmitted to the European Commission by the end of 2013. The earliest therefore that any policy documentation will be available for publication is December 2013.
328. Deputy Paul J. Connaughton asked the Minister for Social Protection if persons on fuel allowance are in receipt of UK winter fuel payment, if this will be assessed when eligibility is being assessed or if questionnaires will issue to all persons in receipt of fuel allowance; and if she will make a statement on the matter. [40399/13]
View answerIn 2013, my Department will spend an estimated €211 million on the fuel allowance scheme, providing some 410,000 customers with an additional weekly payment of €20 during the winter.
The United Kingdom winter fuel payment is an annual lump sum payment made to eligible people to help towards their winter heating costs. It ranges from £100-£300 sterling. Until recently, only a small number of people living in Ireland (just over 7,000 in 2012) were in receipt of the payment as eligibility had to be shown while living in the UK and before moving to Ireland. Following a recent judgment of the European Court of Justice, eligibility has been extended to people living outside the UK who have a “genuine and sufficient link” to the UK social security system. It is expected that more people living in Ireland may become eligible for the UK payment.
As the fuel allowance scheme in Ireland is a means tested payment, which is paid on the basis that an applicant is unable to provide for his or her own heating needs, the Department must take account of the UK payment when determining eligibility. Those already in receipt of fuel allowance will be reassessed as part of the normal review of payments. I have no plans at this time to issue questionnaires to all persons in receipt of fuel allowance.
329. Deputy Paul J. Connaughton asked the Minister for Social Protection when a decision will be made in relation to an illness benefit appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [40400/13]
View answerThe Social Welfare Appeals Office has advised me that an invalidity pension appeal by the person concerned was registered in that office on 8 August 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
330. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on domiciliary allowance to a person (details supplied) in County Clare; and if she will make a statement on the matter. [40404/13]
View answerAn application for domiciliary care allowance (DCA) was received from the person concerned on the 14th August 2013. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Upon receipt of this opinion, a decision will issue to the person concerned. It can currently take up to 8 weeks to process an application for DCA.
331. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of an appeal in respect of the back dating of domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40407/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29 April 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 6 September 2013 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
332. Deputy Paul J. Connaughton asked the Minister for Social Protection when a decision will issue on an appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [40409/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
333. Deputy Jack Wall asked the Minister for Social Protection the position regarding carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40416/13]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
334. Deputy John McGuinness asked the Minister for Social Protection if an appeal for carer's allowance will be expedited in respect of a person (details supplied) in County Kilkenny. [40432/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 April 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 19 August 2013 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
335. Deputy Nicky McFadden asked the Minister for Social Protection the number of Intreo offices currently in operation in counties Westmeath and Longford; if further offices will open in counties Westmeath and Longford this year; and if she will make a statement on the matter. [40448/13]
View answerIt is expected that a total of 43 offices, including Longford, will be delivering the full Intreo service by the end of 2013. The Mullingar office in county Westmeath is scheduled for conversion to full Intreo operation during the first half of 2014.
336. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal against the withdrawal of invalidity pension in respect of a person (details supplied) in County Sligo; if the appeal will be expedited; and if she will make a statement on the matter. [40454/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 20 September 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
