Written Answers Nos. 380-400
380. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the average time it takes for a case under the Redundancy Payment Acts to be heard by the Employment Appeals Tribunal from the time of application to the hearing; and if he will make a statement on the matter. [45632/13]
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 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.
In relation to complaints made under the Redundancy Payment Acts, I am informed that the Average waiting period for a hearing, as at the end of October last, was 80 weeks across the 26 counties. However, in considering this figure the Deputy should bear in mind that the Tribunal conducts hearings in about 31 locations. Where the number of cases on hand in a particular location is relatively small, the Tribunal may decide to wait until a sufficient number of cases is on hands in order to make the holding of hearings in that location cost effective. In such locations, 5 days of hearings may reduce the “waiting time” 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 than heretofore, scheduling more cases per hearing and managing 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: + 30 per cent in 2010 compared with 2009, + 11 per cent in 2011 compared with 2010 and similarly + 13 per cent in 2012 over the previous year.
Notwithstanding the efforts of the Tribunal, I believe that the delays that users of the service are experiencing are unacceptable. This is one of the reasons why I am undertaking a root and branch reform of all five Workplace Relations Bodies. 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. This Reform Programme of the 5 bodies, that 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. Work has commenced on the drafting of a Workplace Relations Bill to give effect to the new two-tier structure. 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 Willie O'Dea asked the Minister for Jobs, Enterprise and Innovation if he will intervene directly in the current industrial dispute at a company (details supplied) which has recently developed in Dublin and is ongoing in Limerick City; if he is concerned at the company's possible reneging on an agreement to pay its staff a redundancy package of five weeks per year of service and now proposing to pay 2.75 weeks per year of service; and if he will make a statement on the matter. [45642/13]
View answerI am pleased to inform the Deputy that the dispute at Wallis has been settled and I believe it represents a fair and reasonable outcome from the point of view of both parties involved.
382. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation the funding provided to InterTradeIreland by his Department for the most recent five years for which data is available. [45692/13]
View answerInterTradeIreland is one of the six North/South Implementation Bodies established under the Belfast Agreement (the ‘Good Friday Agreement’) in 1998. Its statutory functions are set down in the British-Irish Agreement Act, 1999 and it has the following remit: "to exchange information and co-ordinate work on trade, business development and related matters in areas where the two administrations specifically agree it would be in their mutual interest". InterTradeIreland operates from a single base in Newry, Co. Down and is jointly funded in a 2:1 ratio, respectively, by the Department of Jobs, Enterprise and Innovation and the Department of Enterprise, Trade and Investment in Northern Ireland. The Body operating currency is sterling; however, my Department provides its funding contribution in euro. Currency exchange rate fluctuations can impact on final sums drawn down.
The budget outturns from my Department in respect of InterTradeIreland for the last five years are as follows:
|
Year |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Outturn € |
6.536m |
8.100m |
7.848m |
6.638m |
8.164m |
383. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation the recommendations or agreements reached to enhance co-operation and limit competition between Invest NI and Industrial Development Agency Ireland with respect to attracting inward investment. [45693/13]
View answerOne of the principal statutory functions of IDA Ireland is to promote the establishment and development, in the State, of industrial undertakings from outside the State. On the other hand, the remit of Invest Northern Ireland, an agency sponsored by the Department of Enterprise, Trade and Investment in Northern Ireland, is to support new and existing businesses in that region to grow and compete internationally, and to attract new inward investment to Northern Ireland. It should be appreciated that both IDA Ireland and INI are confined in their grant giving powers to funding investments within their own jurisdictions and, in the pursuit of internationally mobile Foreign Direct Investment (FDI,) each agency must operate on an individual basis for their core marketing work.
However, IDA Ireland, recognising the opportunity to pursue mutually beneficial cross border co-operation on aspects of economic policy and infrastructure/spatial planning, does cooperate with Invest Northern Ireland on a number of initiatives in the context of regional and all-island economic development. Both agencies also share a strategic focus on attracting companies from the targeted sectors of ICT, Financial Services and Clean technologies.
One of the success stories of this co-operation between the two agencies is the jointly developed North West Business and Technology Zone (NWBTZ). The fundamental aim has been to capitalise on the combined strengths of Letterkenny and Derry City as an economic corridor. The focus has been on developing compatible infrastructure and property solutions, which are now in place, and make the Region more attractive for investment.
The North West NOW project involved a total investment of €35.25 million in Letterkenny, of which IDA committed to a direct investment of €15.2 towards Advanced Technology and Office Buildings, construction of Letterkenny Outer Relief Road and improvements in telecommunications infrastructure including the installation of the Letterkenny Metropolitan Area Network (MAN). Overall the joint project has drawn down €10 million in EU Interreg IIIA funding (IDA €4M and Invest NI €6M) toward the required development of property solutions and research facilities.
The North West NOW initiative provided the catalyst for Eircom, Bytel and BT to invest independently in the telecoms infrastructure between Letterkenny and Derry. Consequently the telecoms infrastructure and capacity has been improved significantly.
Also arising out of the work of IDA and INI was the development of Project Kelvin, which is the first direct International Communications link of its kind into the North West of Ireland and Northern Ireland. It has been a cross-Border venture, costing €43m, between the Department of Communications, Energy and Natural Resources (DCENR) for Ireland and the Department of Enterprise, Trade and Investment for Northern Ireland (DETI NI) and co-financed by the European Union (€32.25m) to construct a direct international telecommunications link between North America, Europe and the North West of Ireland. The North West of Ireland, including Letterkenny now has access to the same international services as found in major cities including Dublin, London, Amsterdam and New York.
The economies of Northern Ireland and the Republic of Ireland both have a highly educated workforce and IDA Ireland highlights this competitive advantage to prospective investors. The skills available on both sides of the Border are presented to potential investors as a key competitive advantage of investing in the Border region of the island of Ireland. Up to 15% of IDA Ireland client companies in the Border region employ staff living in Northern Ireland. One of the factors which influenced Paypal in deciding to make such a major investment in Dundalk in early 2012 was the availability of a pool of skilled staff, in the large catchment area incorporating both sides of the border from which it could recruit.
384. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation his assessment of the potential savings to be made through an island-wide job creation and growth strategy. [45694/13]
View answerThe Action Plan for Jobs process has been shared with my counterpart in the Northern Ireland Executive. I am glad to say that there is positive on-going engagement between my Department’s enterprise agencies and their Northern Ireland counterparts. Both sets of agencies are aware of each other’s offerings and they collaborate closely, where appropriate, on schemes and programmes that will result in job creation and growth throughout the island.
There is also on-going engagement between my officials and their counterparts in Northern Ireland, in particular in relation to the activities of InterTradeIreland, the all-island trade and business development body. InterTradeIreland operates a wide range of innovative programmes designed to develop linkages and cooperation between SMEs in various sectors and to build on relevant strengths to the benefit of both jurisdictions.
However, it would not be feasible to undertake an assessment of an overarching all-island job creation and growth strategy. Northern Ireland has its own economic and growth strategy and a separate currency and monetary/ fiscal policies. Naturally, both jurisdictions will continue to cooperate and work together in key economic sectors, especially through the structures of the North South Ministerial Council and the bodies created under the Good Friday Agreement, where possible, for mutual economic benefits and job creation opportunities.
385. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation the level of matched funding provided to the 16 Interreg enterprise projects under the European Interreg IV Programme by his Department, by the EU, by the NI Executive, and by Intertrade Ireland. [45695/13]
View answer386. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation if he will provide the detail of the aims, outcomes, budget and geographical location of the 16 interreg enterprise projects funded through the European Interreg IV Programme. [45696/13]
View answerI propose to take Questions Nos. 385 and 386 together.
The Interreg Programme is the Cross-Border Territorial Co-operation Programme for Northern Ireland, the Border Region of Ireland and Western Scotland. The programme is 75% funded by the EU, through the European Regional Development Fund, and the remaining 25% is provided by the participating Member States, and has potential funding availability of €256 million (€70M for enterprise theme). InterTradeIreland, the North South trade and business development body, does not fund projects approved under the Interreg Programme. Its role is to promote cross-border trade and the development of business networks to the benefit of both jurisdictions.
The aim of the enterprise theme is to help develop a more diverse and dynamic economy by addressing areas such as business support, investment in business infrastructure and networking. The individual projects cover a very wide span of extensive support measures, some tailored to assisting a wide spread of SMEs, others being more legacy infrastructural type projects. All of the activities of the projects supported by my Department under this theme fall within these areas, and are located in the border region with a corresponding project partner located in one of the counties of Northern Ireland (excluding Belfast), which is another key funding criteria that must be met by project promoters.
The Department of Jobs, Enterprise and Innovation (DJEI) co-funds 16 projects under the Enterprise Development theme of the Interreg IVA Programme (2007-2013) with its counterpart Department in Northern Ireland, the Department of Enterprise, Trade and Investment (DETI).
The first jointly approved group of projects under this theme were funded on an agreed 40% (DJEI) : 60% (DETI) basis generally. More recently approved enterprise projects have been funded on a revised ratio of 23-27% (DJEI) : 73-77% (relevant Northern Ireland Department). In addition, my Department also contributes to the funding of a small number of projects that have an enterprise development focus under the Collaboration theme of the Interreg Programme.
While the period of the current Programme is 2007-2013, funding for the enterprise theme did not commence until 2009. The amount of funding provided for approved projects in the first few years was relatively small due to the lack of good quality projects. However, as the quality improved more projects were approved, particularly in 2011/2012.
In total, by the end of the current Interreg programme, my Department expects to have contributed €16M approximately towards projects under the Programme.
387. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation the levels of employment generated by exports to the north of Ireland, Britain, America, Germany, France, Japan or others for each of the past five years. [45697/13]
View answerDriving export growth is central to our economic recovery and is a key focus of the Government’s Action Plan for Jobs. Enterprise Development Agency-supported companies account for more than 80% of Ireland’s total exports.
CSO figures show that our strong export performance is continuing. Total exports in 2012 by companies based in Ireland amounted to €182.155bn – an increase of 5.48% over the figure of €172.696bn for 2011.
CSO figures also show that exports to Northern Ireland, Great Britain, the USA, Germany, France and Japan amounted to €89.082bn in 2012, or 48.9% of total exports. This figure represented an increase of €5.711bn or 6.9% over the figure of €83.371bn for 2011, despite the slow-down in the growth of the main economies that buy our exports.
Details of exports to France, Germany, Great Britain, Japan, Northern Ireland and United States over the period 2008 to 2012 are set out in the table accompanying this reply. Exports of Goods and Services to “All Countries” are also included in this Table. Separate data on Services exports to Northern Ireland is not published by the CSO.
In 2012, Enterprise Ireland had a record year for exports by their client companies of €16.2bn, which were up by €1bn, or 6%. IDA supported companies also saw an increase in exports to €122bn in 2011, (the latest figures available) which were up by 8%, from €110bn in 2010. 2012, was also a particularly good year for job creation in companies supported by these Agencies, with IDA client companies creating a total of 12,722 gross new jobs. Clients of Enterprise Ireland created 12,861 gross new jobs. The export intensity of indigenous agency assisted firms has risen from 36% to 51% in the past decade. In total, agency assisted companies accounted for direct employment of 285,000 in 2011 and 294,000 in 2012, and are indirectly responsible for a similar number of jobs in ancillary and support services.
The latest Central Statistics Office release shows that employment increased by 33,800 in the year to Quarter 2 2013, net of a reduction of 5,400 in public sector numbers. This was the third consecutive Quarter where an increase in employment was recorded.
We have now moved from a situation where the private sector was losing over 7,000 jobs per month before this Government came to office, to the present situation where it is creating close to 3,000 jobs per month. As highlighted in my Budget 2014 press release on 15 October, both Enterprise Ireland and IDA Ireland have a target of 12,000 gross jobs growth each for 2014. I am determined, through the implementation of the Government’s annual Action Plan for Jobs process, to continue the transition to a sustainable economy, through growing our exports, and creating the jobs we need.
Central to the Action Plan is ensuring greater access for Irish companies to real opportunities to break into new markets, grow their exports and create much needed jobs for this economy. I am currently preparing the 2014 Action Plan on behalf of the Government and we will continue, through that process, to build on the success of the actions we have taken over the last two years.
Table: Exports to France, Germany, Great Britain, Japan, Northern Ireland and United States 2008 to 2012
Goods
|
Country |
Exports 2008 (€M) |
Exports 2009 (€M) |
Exports 2010 (€M) |
Exports 2011 (€M) |
Exports 2012 (€M) |
|
France |
5,019 |
4,527 |
4,559 |
4,951 |
4,428 |
|
Germany |
6,089 |
5,974 |
6,401 |
6,285 |
7,526 |
|
Great Britain |
14,300 |
12,199 |
12,617 |
12,845 |
13,794 |
|
Japan |
1,708 |
1,702 |
1,749 |
1,743 |
2,101 |
|
Northern Ireland |
1,565 |
1,286 |
1,326 |
1,422 |
1,445 |
|
United States |
16,674 |
18,272 |
21,111 |
21,601 |
18,160 |
|
Total |
45,355 |
43,960 |
47,763 |
48,847 |
47,454 |
Services
|
Country |
Exports 2008 (€M) |
Exports 2009 (€M) |
Exports 2010 (€M) |
Exports 2011 (€M) |
Exports 2012 (€M) |
|
France |
4,832 |
4,474 |
4,834 |
4,654 |
5,593 |
|
Germany |
6,670 |
6,596 |
7,750 |
7,659 |
8,032 |
|
Japan |
1,152 |
1,035 |
1,437 |
1,533 |
2,713 |
|
United Kingdom |
15,289 |
13,610 |
14,632 |
15,002 |
17,340 |
|
United States |
4,708 |
4,281 |
5,484 |
5,676 |
7,950 |
|
Total |
32,651 |
29,996 |
34,137 |
34,524 |
41,628 |
Goods and Services
|
Country |
Exports 2008 (€M) |
Exports 2009 (€M) |
Exports 2010 (€M) |
Exports 2011 (€M) |
Exports 2012 (€M) |
|
France |
9,851 |
9,001 |
9,393 |
9,605 |
10,021 |
|
Germany |
12,759 |
12,570 |
14,151 |
13,944 |
15,558 |
|
Japan |
2,860 |
2,737 |
3,186 |
3,276 |
4,814 |
|
United Kingdom |
31,154 |
27,095 |
28,575 |
29,269 |
32,579 |
|
United States |
21,382 |
22,553 |
26,595 |
27,277 |
26,110 |
|
Total |
78,006 |
73,956 |
81,900 |
83,371 |
89,082 |
All Countries
|
- |
Exports 2008 (€M) |
Exports 2009 (€M) |
Exports 2010 (€M) |
Exports 2011 (€M) |
Exports 2012 (€M) |
|
Goods |
86,394 |
85,804 |
89,703 |
91,228 |
91,860 |
|
Services |
67,947 |
67,134 |
74,311 |
81,468 |
90,295 |
|
Total |
154,341 |
152,938 |
164,014 |
172,696 |
182,155 |
388. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 366 of 11 June 2013, if revised draft regulations have been prepared for the OPC; the timeframe for the transposition of EU Directive 2010/32/EU on the Prevention of Sharp Injuries; and if he will make a statement on the matter. [45723/13]
View answerThe transposition deadline for the provisions of this Directive was 11 May 2013. As previously indicated to the Deputy, a number of legal issues were identified during consideration of the Draft Regulations and this has delayed completion. While work continues on resolving these issues, it was not possible to formally settle the proposed Regulations from a legal perspective in time to meet the transposition deadline of 11 May 2013 as set down in Article 3 of the Directive.
My Department is working with the OPC to find a solution to these outstanding legal issues in order to be in a position to introduce legislation that is workable and enforceable and that meets the requirements of the Directive.
My Department has been in contact with the European Commission to advise it of the delay in transposition and continues to keep them informed of progress. No sanction has been incurred as a result of the delay.
Notwithstanding that the "Sharps" Directive itself has yet to be transposed through national Regulations, the duties to maintain a safe and healthy workplace under the Safety Health and Welfare at Work Act 2005 and associated regulations still obtain.
389. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation the way he proposes to meet the new EU rules requiring that Irish listed company boards should have 40 per cent female membership by 2020 and by 2018 in the case of State-owned companies in view of the fact that the current average in Ireland is 10.7%, compared to an EU average of 16.6%. [45777/13]
View answerThe proposed Directive on improving the gender balance among non-executive directors of listed companies is under negotiation at the EU level. As this is an equality measure, the Minister for Justice and Equality leads on the Irish position, with contributions from my Department on the company law aspects of the proposal.
As the negotiations are still at an early stage it is not known what the final provisions and scope of the instrument will be. As a result, it is not possible to say now what will be needed to transpose that instrument once it has been adopted.
390. Deputy Lucinda Creighton asked the Minister for Jobs, Enterprise and Innovation the total number of meetings he or his officials in the Department of Jobs, Enterprise and Innovation held with ADC Therapeutics since 2011; the total number of meetings the industrial development agency held with ADC Therapeutics since 2011; if he will explain the reason the ADC Therapeutics investment failed and the amount of investment it was seeking from the State; and if he will make a statement on the matter. [45944/13]
View answerNeither I myself or any of my officials, have held any meetings with this company since 2011.
IDA Ireland did engage with a linked company on several occasions in 2011. Negotiations with potential clients in relation to grant-in-aid are a day to day operational matter for the Agency and I have no function in the matter. For reasons of client confidentiality and commercial sensitivity, IDA cannot disclose any details of those discussions.
It was not possible to offer State assistance in this case.
391. Deputy Lucinda Creighton asked the Minister for Jobs, Enterprise and Innovation the total number of full time and part-time jobs which were created directly as a result of the reduction in employers PRSI for lower paid workers from 8.5% to 4.25% since it came into effect and up until to date in 2013; and if he will make a statement on the matter. [45947/13]
View answerThe Government’s Jobs Initiative of May 2011 was aimed at restoring confidence in the economy, providing opportunities for re-skilling those who had lost their jobs, and assisting people in getting back to work.
Key measures in the Jobs Initiative included a reduction in the lower rate of VAT on certain goods and services from 13.5% to 9%, targeted Capital spending on labour-intensive projects, the introduction of the national Internship scheme, JobBridge, and the halving of the rate of Employer’s PRSI on earnings up to €356 per week.
The fiscal reductions in the Jobs Initiative were introduced on a temporary basis, to the end of 2013, although the Government did retain the VAT reduction on certain labour intensive goods and services in last month’s Budget.
While it is not possible to indicate the exact number of positions which have been filled as a result of the combined effects of the measures introduced under the Jobs Initiative, there is no doubt that they are contributing to both maintaining existing jobs and creating new ones.
The Government’s primary strategy to support job creation since the Jobs Initiative has been the Action Plan for Jobs. The Action Plan has introduced a wide range of additional measures to support job creation in 2012 and 2013. For example, arising from a commitment in the 2013 Action Plan for Jobs, the Government launched JobsPlus last July. This is a new incentive that offers employers a grant of €7,500 for recruiting a jobseeker between 12 and 24 months unemployed, and €10,000 for recruiting a jobseeker over two years unemployed .
The latest CSO employment figures show that there were 33,800 more people in employment in Quarter 2 of this year than there were in the same period last year. Unemployment fell by 22,200 in the same period. We have now moved from a situation where the private sector was losing over 7,000 jobs per month before this Government came to office, to the present situation where it is creating close to 3,000 jobs per month.
There is further evidence of the success of the Government’s policies as the latest CSO figures last week showed that there are now 396,512 people on the Live Register, 23,000 fewer than this time last year and almost 34,000 fewer than in October 2011. This is a very welcome turnaround considering that the Register was firmly on an upward trajectory towards 500,000 when this Government took office, and it is the first time since May 2009 that the Live Register has been below 400,000.
The Government will continue to build on this progress through the Action Plan for Jobs in 2014, as we transform the economy from one based on unsustainable debt to one based on enterprise, innovation and exports.
392. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation the name, qualifications and current salary of each political staff member appointed by him. [46090/13]
View answerThe information requested by the Deputy is set out below in tabular format. In making appointments I have had regard to the skills, expertise and experience of individuals. The contract of Special Advisers and a statement of qualifications relevant to the duties of Special Advisers are laid before the Houses of the Oireachtas upon appointment.
|
Post |
Qualifications |
Salary |
|
Ciaran Conlon Special Adviser (Policy) |
BA Economics NUI Maynooth MA in Economics from UCD, |
€118,840 |
|
Conor Quinn Press Adviser |
BA (First Class Hons) Trinity College Dublin MA International Relations, Institut d'etudes politiques de Paris Barrister at Law (King's Inns) |
€75,647-92,550 |
393. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question Nos 392 and 394 of 21 May 2013, the way in which the Companies Registration office is adapting and enforcing strict deadlines on private companies who continue to trade the company on behalf of the Bank. [46096/13]
View answerPrivate companies in receivership continue to be subject to the requirements of the Companies Acts 1963-2012 including the obligation to file annual returns within the timeframes outlined in those Acts.
394. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 395 of 21 May 2013, the reason for the lack of statistics available on receivership filing and his specific statement that data received are not stored or indexed according to the receiver appointed in the Companies Registration Office; and if he will confirm that all receiverships are dealt with in the Companies Registration Office in a specific dedicated unit known as the insolvency unit. [46097/13]
View answer395. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the reason there are no available statistics and data on the performance of the insolvency unit in the Companies Registration Office. [46098/13]
View answerI propose to take Questions Nos. 394 and 395 together.
As the central repository of public statutory information on Irish companies and business names, the Companies Registration Office (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 company name or company number. The role of the solvency unit in the CRO is to ensure that the data filed with the CRO on receiverships is registered in accordance with the Companies Acts 1963-2012. Data received by the CRO on receiverships is not stored nor indexed according to “receiver appointed” in that Office.
Documents filed by receivers are placed on the Companies Register and can be accessed by the public under the name and number of the relevant company.
396. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if there has even been any action taken by the Companies Registration Office insolvency unit against a receiver for failure to file returns. [46099/13]
View answer397. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if there has ever been any action taken by the Companies Registration Office insolvency unit against a receiver for late filing of returns [46100/13]
View answer398. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if there has ever been any action taken by the Companies Registration Office insolvency unit for the filing of inaccurate, incomplete or misleading returns by a receiver. [46101/13]
View answer399. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 395 of 21 May 2013, the extent of abuse in the practise of receivers of filing abstracts supplying only details on total payments and total receipts in the period and not poviding a detailed breakdown of all receipts and payments during the period covered by the return as receivers are required by law; and if he will make a statement on the matter. [46102/13]
View answerI propose to take Questions Nos. 396 to 399, inclusive, together.
The role of the solvency unit in the Companies Registration Office (CRO) is to ensure that the data filed in the CRO on receiverships is registered in accordance with the Companies Acts 1963-2012.
The Companies Acts 1963-2012 set out the powers and duties of receivers. 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 month period following his appointment.
The onus is on the person completing a statutory filing to ensure that it complies with the requirements of the Companies Acts 1963-2012. It is a criminal offence knowingly or recklessly to file a document with the CRO which is factually incorrect. Where a statutory filing is in order on its face, and is signed and dated, the CRO accepts the filing in good faith for registration. As a registration authority, the CRO is not in a position to check whether the numerical values entered in filings are correct or not. Where the CRO is notified of an issue relating to a filing on the public register, it will follow the matter up immediately with the presenter/receiver in order to ensure that it is satisfied, as far as practicable, that the information being filed and put into the public domain is correct. Abstracts which do not provide a breakdown of all receipts and payments are returned to the presenter for completion. The abstracts are filed under the company name and number on the register and can be accessed by the public. The data in the abstract is not stored or indexed separately and is not capable of statistical analysis.
There is an obligation on receivers to comply with the legislative provisions applicable to them. If a receiver does not comply with Section 319, or if applicable Section 321, the receiver 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.
The CRO prioritises its limited enforcement resources towards the key compliance measure of securing the filing of Section 125 of the Companies Act 1963 annual returns and financial statements by companies. No prosecutions have been instituted by the CRO in respect of filing of receivers’ abstracts.
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.
It is a criminal offence pursuant to section 242 of the Companies Act 1990 knowingly or recklessly to notify false information to the CRO on statutory forms. The CRO has no prosecution function in respect of section 242 offences. This offence is prosecutable summarily by the Office of Director of Corporate Enforcement (ODCE) and prosecutable on indictment by the Director of Public Prosecutions.
400. Deputy Michelle Mulherin asked the Minister for Jobs, Enterprise and Innovation the procedure for applying for funding under the seed and venture capital scheme; the processing time for applications; and if he will make a statement on the matter. [46139/13]
View answerThe new Seed and Venture Capital Scheme 2013-2018 was committed to in Budget 2013 for investment in high potential start-up and scaling companies. I announced the launch of the new Scheme and a first open and competitive call for expressions of interest from Venture Capital Funds on 31 May 2013. This was a key 2013 Action Plan for Jobs target for Q2 2013 and included a comprehensive set of guidelines for Venture Capital Funds.
Under the first call for expressions of interest Enterprise Ireland had the objective of committing up to €100 million to Venture Capital Funds targeting investment in the wider ICT and life sciences sectors.
At its October meeting the Board of Enterprise Ireland committed €99.5m to a number of Venture Capital Funds following the conclusion of an extensive and in-depth evaluation and due diligence process. When the successful funds have closed and completed fundraising and commenced investing in companies they will be individually announced.
