Thursday, 19 Dec 2013

Written Answers Nos. 150 - 164

Legislative Process RIA

Questions (150)

Lucinda Creighton

Question:

150. Deputy Lucinda Creighton asked the Minister for Public Expenditure and Reform the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55133/13]

Written answers

Minister for Public Expenditure and Reform

In response to the Deputy’s question my Department has published twenty Bills since I was appointed Minister with three Bills requiring a Regulatory Impact Assessment. The following is a list of the three Regulatory Impact Assessments carried out:

Name of Act / Bill	Regulatory Impact Assessment carried out
Construction Contracts Act	RIA published on 27 September 2011. Signed into law on 29 July 2013 (subject to a Commencement Order).
Protected Disclosures Bill 2013	RIA published alongside the Bill on 3 July 2013.
Freedom of Information Bill 2013	RIA published in September 2013.

Presently I intend to introduce a further five Bills with four requiring Regulatory Impact Assessments. The following is a list of the four Regulatory Impact Assessments carried out or expected to be carried out:

Name of Bill	Regulatory Impact Assessment carried out / Expected to be carried out
Regulation of Lobbying Bill	RIA published on 30 April 2013.
Statute Law Revision (Secondary Instruments) Bill	RIA expected to be published in advance of the Bill being introduced to the Dáil.
Public Sector Standards Bill	RIA expected to be published in advance of the Bill being introduced to the Dáil.
Data-Sharing and Governance Bill	RIA expected to be published in advance of the Bill being introduced to the Dáil.

Departmental Bodies

Questions (151)

Lucinda Creighton

Question:

151. Deputy Lucinda Creighton asked the Minister for Public Expenditure and Reform the total number of Irish quasi-autonomous NGOs his Department has either created or which fall under his Department’s responsibility and were in existence when he became Minister and continue to exist; and if he will make a statement on the matter. [55149/13]

Written answers

Minister for Public Expenditure and Reform

In response to the Deputy’s question there were no autonomous Non-Governmental Organisations (NGO’s) in existence under the remit of my Department when I became Minister and that continues to be the case today.

Departmental Bodies

Questions (152)

Lucinda Creighton

Question:

152. Deputy Lucinda Creighton asked the Minister for Public Expenditure and Reform the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55165/13]

Written answers

Minister for Public Expenditure and Reform

In response to the Deputy’s question I can confirm that there is only one chairperson on each of the two Boards under my remit which are the An Post National Lottery Board and the Public Appointments Service Board. Both chairpersons were appointed before I took office and this position remains unchanged. There are no regulators under my remit.

Company Closures

Questions (153)

Niall Collins

Question:

153. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the progress being made to respond to the services concerns of the workforce at a company (details supplied) in County Dublin following the news of the possible closure of the company; if he is in direct contact with the Industrial Development Agency in respect of the matter; and if he will make a statement on the matter. [54826/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The decision by the company to commence a process which may lead to the total closure of the plant, with the loss of about 400 jobs, was taken following an extensive review by the parent company of their operations, in the context of declining revenues and shrinking international market opportunities. There are also complex changes in the dynamics of this business worldwide, which have knock-on impacts in facilities such as those in Ireland. As the Deputy will appreciate, the ultimate decision in these cases is made by the parent company, on strictly commercial grounds, and on what is seen by the company as being in the best interests of the group as a whole.

This decision is very unfortunate and a huge blow to the employees and their families. I am very concerned that everything possible should be dome to try to safeguard as much of this employment as possible. I have met senior executives of the company on three occasions since taking office and IDA have been engaged with them over recent years in an effort to find solutions to the difficult business environment they face. Unfortunately however, the challenges are very significant.

Since the announcement, IDA Ireland has met with company management and have created a profile of the staff skills and of the plant itself to help market the operation overseas. IDA will remain in on-going contact with the company and an IDA executive travelled to Germany earlier this month to meet the parent company. In addition, I have arranged that Enterprise Ireland will engage with the company to explore whatever other options might be possible, taking into account that Agency’s remit and experience in supporting the Irish-owned engineering sector.

I am conscious of the highly-skilled workforces and have asked IDA to explore the possibility of securing a takeover for the company and help market the operation overseas. I want to assure the Deputy that all that can be done by the State’s agencies in an effort to help co-ordinate activities to support the employees and secure a positive result for them if possible, is being done.

Dangerous Substance Licence Issues

Questions (154)

Michael McCarthy

Question:

154. Deputy Michael McCarthy asked the Minister for Jobs, Enterprise and Innovation the number of applications granted in respect of the dangerous substance retail petroleum licence in the past five years to date; the reason long established service stations are currently being inspected and unreasonable requests are being asked of them by the Health and Safety Authority which acts as an impediment to establishing and expanding filling stations here; the efforts he has undertaken to ensure that many rural petrol stations that supply a vital service are not closed down; and if he will make a statement on the matter. [54908/13]

Written answers

Minister for Jobs, Enterprise and Innovation

Under the aegis of my Department, the Health and Safety Authority has an enforcement function under the Dangerous Substances Acts, and a very limited licensing function in that it is the body that licenses petrol stations run by a Local/Harbour Authority. It also has a licensing appeals function. Neither the Health and Safety Authority nor I have a role in the approval of applications for licenses in respect of retail petrol stations, run by private operators, as this is a matter for Local Authorities. Consequently I have no information in relation to licences issued by local authorities in recent years.

My Department has lead responsibility for the Dangerous Substances legislative regime. The Dangerous Substances Acts 1972 and 1979, together with a series of Regulations under this legislation, set out the legal framework under which petroleum and other dangerous substances are regulated. The storage of petrol is governed by the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, S.I. 311 of 1979, as amended. The Act requires that all petrol storage facilities must be licensed. The Regulations set minimum requirements that apply equally to private petrol stores and storage for the purpose of retail sale (petrol filling stations). The 1979 Regulations have been kept under continuing review and while operating within the regulatory regime set out above, Inspectors from the Health & Safety Authority (HSA) are sensitive to the economic situation of the operators to which it applies. This approach is in line with the general approach taken in occupational health and safety legislation and aims to avoid the imposition of undue hardship on owners of kerbside stations that do not meet the 1979 requirements.

In the course of an inspection the Authority will normally require the operator to apply to their Local Authority (LA) for a Dangerous Substance licence if one is not already in place, and will advise the operator that they will be required by the LA to comply with SI 311 of 1979 as far as possible, bearing in mind also the specific exemptions allowed for older "kerbside" petrol stations in S.I. 528 of 2012. These exemption regulations allow for derogations from certain provisions of the 1979 Regulations, for these "kerbside" petrol stations, as they were in existence prior to the coming into force of the 1979 regulations, and for various socio-economic reasons were allowed to continue in operation under the special exemption provisions.

Notwithstanding the approach taken by HSA Inspectors in implementing the 1979 Regulations, it must be reiterated that petrol filling stations are particularly hazardous workplaces which require to be licensed by Local Authorities. The HSA continues to provide suitable guidance to all petrol station operators to ensure that they can comply with the relevant legislation in this area.

Job Creation

Questions (155)

Terence Flanagan

Question:

155. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation his plans to increase Irish manufacturing jobs; and if he will make a statement on the matter. [54961/13]

Written answers

Minister for Jobs, Enterprise and Innovation

Despite the significant job losses in manufacturing in the years up to 2010, this trend has been reversed and there are now 213,600 people directly employed in the sector in Ireland. Given that a similar number of people are employed indirectly: the total supported within the sector is therefore over 420,000. Last year, in order to build on the potential for this sector, I asked Forfás to undertake an analysis of Manufacturing in Ireland and the resultant Strategy, which I launched earlier this year, sets a comprehensive suite of recommendations to develop the sector, which are now being progressed. The Strategy identifies that an additional 20,000 jobs can be created in Manufacturing by 2016.

In addition to that Strategy, I also initiated another research project on issues relating to skills needs, and that report entitled “The Future Skills Needs of the Manufacturing Sector to 2020 ” was published by the Expert Group on Future Skills Needs/Forfás at the same time. Both of these reports complement each other and will assist Government in reaching that job creation target.

A particularly attractive feature of manufacturing in Ireland is the fact that many of the present jobs are not in the main urban areas, but dispersed into regional locations, thereby providing a valuable employment focus in areas where alternative jobs are scarce. The further development of the sector will, of course, build on this key feature.

Key tasks from both reports have been incorporated into the Action Plan for Jobs 2013, which includes a series of actions to develop the sector. By implementing that Plan and, also, the new 2014 Action Plan for Jobs, to be developed in the New Year, the Government is confident that further growth in manufacturing employment will be achieved.

Job Initiatives

Questions (156)

Terence Flanagan

Question:

156. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation his plan to achieve full employment; and if he will make a statement on the matter. [54982/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The Government this week published its Medium-Term Economic Strategy to 2020. The Strategy provides an overall framework for social and economic policies that are being developed and implemented across Government to build on the progress we have made to date and set Ireland on the path to sustainable recovery.

The Government’s goal, as set out in the Medium-Term Economic Strategy, is to achieve full employment in the economy by 2020. While we have begun to see encouraging signs of employment growth in the last twelve months, replacing all of the 330,000 jobs which were lost to the economy between 2008 and 2012 will require determined implementation of appropriate policies across Government.

The Action Plan for Jobs will continue to be the key vehicle for the identification and delivery of specific policy measures that will support job creation by Government. I am currently preparing the 2014 Action Plan for Jobs on behalf of the Government, which will be published in the New Year.

The Action Plan will include a series of clear, tangible measures to continue the Government’s focus on building a strong enterprise base that is built on entrepreneurship, innovation and exports. It will also focus on supporting key sectors with potential for employment growth.

Freedom of Information Requests

Questions (157)

Seán Fleming

Question:

157. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of freedom of information requests received by his Department in 2012 and to date in 2013; the number of requests for which a search and retrieval fee was sought; the maximum fee sought by his Department in respect of a request received; the number of requests not proceeded following the non-payment of the search and retrieval fee sought; and if he will make a statement on the matter. [55004/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The total number of requests received by my Department under the Freedom of Information Acts 1997 and 2003 in the years 2012 and 2013 are as follows:

2012: 74

2013 (to date): 42

Eleven of the seventy four requests received in 2012 attracted ‘search and retrieval’ fees, in accordance with Section 47 of the Freedom of Information Acts 1997 and 2003. The maximum individual fee sought in that year was €94.27. There were no instances in 2012 that a request did not proceed on the basis of a request for a ‘search and retrieval’ fee.

To date in 2013, eight of the forty two requests received attracted ‘search and retrieval’ fees, in accordance with Section 47 of the Freedom of Information Acts. The maximum individual fee sought this year was €13,450, which related to a request that was extremely broad in scope in scope. In that case, the requester was afforded an opportunity to refine the wording of the relevant request in order to reduce or eliminate this fee. However, the requester has not engaged in any further correspondence on the matter. This was the only instance in 2013 that a request did not proceed on the basis of a request for a ‘search and retrieval’ fee.

It should be noted that under the Freedom of Information Acts 1997 and 2003, decision makers are obliged, except in certain limited circumstances, to charge search and retrieval fees where significant search and retrieval of records is necessitated by the request. The Freedom of Information Bill 2013, which is currently being considered by the Dáil, will extend freedom of information to further public bodies. It is also the intention of this Bill to reduce the fee charged for internal review and the fee for appeal to the Information Commissioner.

Work Permit Applications

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if a work permit is required in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [55043/13]

Written answers

Minister for Jobs, Enterprise and Innovation

The person named by the Deputy first held an Employment Permit covering the period 21st April 2008 to 20th April 2009. The person then changed employer and held an Employment Permit in respect of that new employment that covered the period 16th August 2011 to 15th August 2013. A renewal of this Employment Permit was sought but this was refused on 27th June 2013 on the grounds that the salary stated in this application’s supporting documentation was less than the National Minimum Wage. In addition it appeared from documentation submitted in support of the application that the employee did not receive the annual salary stated in respect of the previous Employment Permit. A review of this decision in accordance with Section 13 of the 2006 Employment Permits Act was then sought but the decision was upheld on review on 31st July 2013.

On 29th August 2013 another employer applied for a Work Permit in respect of the person named by the Deputy. This application was refused on 3rd October 2013 as such applications are normally only considered where there is a minimum salary of €30,000 for a 39 hour week. In addition it appeared on the basis of supporting documentation that the salary offered in respect of this employment was less than the National Minimum Wage. A request to review this decision has not been received in my Department.

A further application was subsequently received in respect of the person named by the Deputy but this had to be returned to the applicant on 15th October 2013 as the application form was not fully completed.

Legislative Process RIA

Questions (159)

Lucinda Creighton

Question:

159. Deputy Lucinda Creighton asked the Minister for Jobs, Enterprise and Innovation the total number of Bills published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55131/13]

Written answers

Minister for Jobs, Enterprise and Innovation

My Department has published a total of 13 Bills since I was appointed Minister in March 2011.

11 of these Bills had a Regulatory Impact Assessment (RIA) completed in advance of the publication of the Bill concerned and these are listed below:

Patents (Amendment) Bill 2011

Competition (Amendment) Bill 2011

Protection of Employees (Temporary Agency Work) Bill 2011

Industrial Relations (Amendment) (No. 3) Bill 2011

Credit Guarantee Bill 2012

Microenterprise Loan Fund Bill 2012

Companies Bill 2012

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013

County Enterprise Boards (Dissolution) Bill 2013

Companies (Miscellaneous Provisions) Bill 2013

All of the above RIA’s have been published with the exception of the RIA in relation to the European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013. This RIA was considered by Government and a summary of the RIA was included in a press statement issued by my Department on 24th May 2013 and this is available on my Department’s website.

The following five Bills are included in my Department’s A list for publication in the current Dáil session:

Workplace Relations Bill

Employment Permits Bill

Intellectual Property (Miscellaneous Provisions) Bill

Consumer and Competition Bill

Industrial Development (Forfás Dissolution) Bill

A Regulatory Impact Assessment has been undertaken and published in relation to the Workplace Relations Bill and the Employment Permits Bill. A Regulatory Impact Assessment is being undertaken in relation to the Intellectual Property (Miscellaneous Provisions) Bill and it is expected that the RIA will be published before publication of this Bill. A Regulatory Impact Assessment is also being undertaken in relation to the Consumer and Competition Bill and it is intended to publish the RIA at the same time as the Bill.

As the Industrial Development (Forfás Dissolution) Bill 2013 does not introduce any new regulation and does not impact existing regulations, it is not considered necessary to undertake a RIA on this Bill.

Departmental Bodies

Questions (160)

Lucinda Creighton

Question:

160. Deputy Lucinda Creighton asked the Minister for Jobs, Enterprise and Innovation the total number of Irish quasi-autonomous NGOs that his Department either created or which fall under his Department's responsibility and were in existence when he became Minister and continue to exist; and if he will make a statement on the matter. [55147/13]

Written answers

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

The following are the State Bodies/Boards under the aegis of my Department.

1.	Enterprise Ireland
2.	IDA Ireland
3.	Science Foundation Ireland
4.	Shannon Development
5.	County and City Enterprise Boards (35)
6.	National Standards Authority of Ireland
7.	Forfás
8.	National Consumer Agency
9.	The Competition Authority
10.	Irish Auditing and Accounting Standards Authority
11.	Personal Injuries Assessment Board
12.	The Health and Safety Authority

I can advise the Deputy that no new State Agencies have been created by me since 9 March 2011.

However, I would draw the Deputy’s attention to the fact that, following enactment of the Microenterprise Loan Fund Act 2012, Microfinance Ireland was established as a private limited company in August 2012, as a subsidiary of the Social Finance Foundation and has charitable status. Microfinance Ireland has been funded by the Government to provide loans to newly established and growing microenterprises across all industry sectors that do not meet the conventional risk criteria applied by banks.

Further, there is a substantial programme of reform underway within my Department in relation to Agencies and Offices. The Agencies under the remit of my Department that are scheduled to be rationalised, merged or abolished are set out under the Government’s Agency Rationalisation Programme. These reforms include:

- Merge the National Consumer Agency and the Competition Authority into one single entity.

- Dissolve the 35 County Enterprise Boards and transfer their functions to Enterprise Ireland. These functions will be delivered by a network of Local Enterprise Offices located in Local Authorities. This will facilitate the delivery of an enhanced service and range of supports to the micro and small business sectors.

- Dissolve Forfás and provide for the transfer of the agency’s assets, liabilities and staff to my Department and other bodies, as appropriate.

- Transfer relevant enterprise functions from Shannon Development to IDA, EI and Bord Fáilte and merge Shannon Development with Shannon Airport Authority.

- Reform of the State's Workplace Relations Services to deliver a simplified two-tiered structure comprising a single body of first instance, the Workplace Relations Commission, and a single body of appeal, in effect an enhanced Labour Court.

Departmental Bodies

Questions (161)

Lucinda Creighton

Question:

161. Deputy Lucinda Creighton asked the Minister for Jobs, Enterprise and Innovation the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55163/13]

Written answers

Minister for Jobs, Enterprise and Innovation

Of the twelve State Agencies under the aegis of my Department, six have the same Chairperson as was in place at the time of my appointment as Minister. The details of these are as follows:

National Consumer Agency

Mr. Stephen Costello was appointed as Chairperson of the National Consumer Agency on 1st May 2007 in accordance with the Consumer Protection Act 2007. I reappointed Mr. Costello as Chairperson the 1 May 2012 to assist in facilitating a seamless transition to the proposed merger of the Agency and the Competition Authority.

On the enactment of the Consumer Protection and Competition Bill both the National Consumer Agency and the Competition Authority will cease to exist as separate entities and the Warrants of Appointment of the Chairperson and Members of the Board of the National Consumer Agency will terminate.

Personal Injuries Assessment Board (PIAB)

Ms Dorothea Dowling was the Chairperson of the Personal Injuries Assessment Board when I became Minister and is currently in her second term.

Forfás

The current Chairman of the Board of Forfás, Mr Eoin O’Driscoll, was in situ when I was appointed as Minister to this Department. Following my decision to integrate the policy functions of Forfás into my Department, I reappointed Mr O’Driscoll to remain in this position to facilitate the integration and to oversee the orderly wind-down of the agency.

On the dissolution of Forfás upon its integration into the Department the board including its Chairperson will be stood down.

Health and Safety Authority

The current Chairperson of the Board of the Health and Safety Authority, Mr Michael Horgan, was is in situ prior to my appointment as Minister.

IDA

The Chairperson of IDA Ireland, Mr Liam O’Mahony, was appointed 3 February 2010 and is due to retire on rotation on 31 December 2013.

Shannon Development

Mr John Brassil was re-appointed as a Director of Shannon Development and as Chairman of the Board of Directors of SFADCo with effect from 12 May 2009.

In addition, Ms Ann Riordan, was appointed Chairperson of Science Foundation Ireland (SFI) on Dec 5th 2013, having previously served as Chairperson of the National Standards Authority of Ireland (NSAI) at the time of my appointment as Minister.

Question No. 162 withdrawn.

Social Insurance

Questions (163)

Michael Healy-Rae

Question:

163. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding employers PRSI from January 2014; and if she will make a statement on the matter. [55111/13]

Written answers

Minister for Social Protection (Deputy Joan Burton)

Employer PRSI is payable on earnings at the rate of 10.75% in respect of weekly earnings in excess of €356 and at 8.5% on weekly earnings of €356 or less.

As part of the 2011 Jobs Initiative, the Minister for Finance announced the halving of the 8.5% rate of employer PRSI to 4.25%, as a means of helping job creation and improving labour cost competitiveness, particularly in the tourism and other employment-rich areas of the economy. The measure was implemented in July 2011 on a 2½ year time limited basis to apply from 1 July 2011 until 31 December 2013. The 4.25% employer PRSI rate will revert to the original 8.5% rate from 1 January 2014.

Retaining the 4.25% rate of employer PRSI in 2014 would reduce the expected PRSI yield to the Social Insurance Fund by €195 million in a full year. As the reversion of the employer rate to 8.5% is provided for in legislation, it has already been built into the PRSI income base for 2014 and subsequent years.

Mortgage Interest Relief Appeals

Questions (164)

Ciaran Lynch

Question:

164. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made on an appeal for mortgage interest relief in regard to a person (details supplied) in County Cork; and if she will make a statement on the matter. [54760/13]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17th December 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.