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Tuesday, 6 May 2014

Written Answers Nos. 210 - 220

Departmental Legal Services

Questions (210)

Finian McGrath

Question:

210. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the Commission for Public Service Appointments will continue to avail of the services of a private firm of solicitors rather than using the expertise of the Chief State Solicitor’s office (details supplied); and if he will make a statement on the matter. [20351/14]

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Written answers

The Commission for Public Service Appointments (CPSA) is responsible for overseeing the conduct of appointment processes to a wide range of positions in the Civil and Public Service.  In carrying out its independent statutory functions, the CPSA must, on occasions, seek independent legal advice on issues that come to light in the course of its examination of appointment processes. Given that the Civil Service Departments and Offices rely on the CSSO for their own legal advice, there is a strong risk of a conflict of interest arising if the CPSA were also to seek legal advice from the CSSO and, as such, it would be entirely inappropriate for the CPSA to seek independent legal advice from the CSSO. The contract for the provision of its legal services was awarded in December 2009 following a tender competition in which bids from 7 legal firms were obtained.  I understand that the CPSA is satisfied with the independent legal services which have been provided. It should be noted that following the amalgamation of the Office of the Ombudsman with the CPSA, any future contracts negotiated for the provision of legal services for the Office of the Ombudsman will include any legal services requirements of the CPSA.

Public Sector Staff Recruitment

Questions (211)

Finian McGrath

Question:

211. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 80 of 14 November 2013, the reason the option of further review is not published in the section 15 and 16 freedom of information manual of the Commission for Public Service Appointments nor are details to be found on its website; his plans to publish the existence of this review process; and if he will make a statement on the matter. [20353/14]

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Written answers

The Commission for Public Service Appointments (CPSA) is an independent statutory body and as such I have no role in the setting of its review procedures.  However, I am informed by the Commission that it is awaiting a judgement on a Judicial review case relating to, inter alia, the review procedures available under its Codes of Practice.  This case will inform any review of the Commission's appeal procedures that are published in the Section 15 and 16 Freedom of Information manual and on the CPSA website.

Product Labelling

Questions (212)

Seán Kyne

Question:

212. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation his views on the European Parliament's decision to back a motion to introduce mandatory "made in" labelling for non-food products; if the Government will intensify efforts to ensure that Irish made products, including food products, are easily identifiable. [20328/14]

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Written answers

The decision referred to by the Deputy concerns a vote in the European Parliament on 15 April 2014, as part of the EU decision making process, on the report of the European Parliament’s rapporteur, on the EU Commission’s proposal for a Regulation of the European Parliament and of the Council on consumer product safety. Included in the EU Commission’s proposal is an Article (Indication of the Origin) which provides for mandatory “made in” labelling for non-food products. The European Parliament and the EU Council, the co-legislators, have not yet addressed this jointly.

While I am aware of some of the arguments made in support of this issue such a proposal would impose additional disproportionate costs on business, especially SMEs, because manufacturers often have complex supply chains and use components from a variety of EU and international sources. Trying to calculate the source and value of many components in a final product to determine country of origin would be a further administrative burden on business that is difficult to justify in the present climate.

Furthermore, there is no evidence that mandatory “made in” labelling will enhance product safety or improve the functioning of the internal market, both of which are objectives of the Consumer Product Safety Regulation. Indeed, the article concerned would add significantly to the administrative burden of market surveillance authorities in the State without giving consumers the protection that they need from unsafe products. In addition there are likely to be associated Exchequer costs without clear offsetting benefits flowing to consumers.

It is relevant to note that an earlier EU Commission proposal in 2005 for mandatory country of origin labelling was eventually withdrawn by the Commission due to lack of sufficient support across member states. Food labelling is a matter for the Ministers for Health, and Agriculture, Food and the Marine.

Industrial Development

Questions (213)

Seán Kenny

Question:

213. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation the steps Industrial Development Agency Ireland is taking to promote Clonshaugh Business and Technology Park; and if he will make a statement on the matter. [20232/14]

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Written answers

I am informed by IDA Ireland that the Clonshaugh Business and Technology Park was initially developed in the 1970s and extends to approximately 80 hectares. There are no marketable lands remaining in the park, but there are a number of vacant large scale industrial units on the park which IDA Ireland promotes and markets to suitable potential clients. Current clients of IDA Ireland on the Business and Technology Park include Forest Labs and Amazon. It should be pointed out that in all cases the final decision as to where to locate is taken by the investor.

Patent Legislation

Questions (214)

Andrew Doyle

Question:

214. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation the position regarding bringing forward a referendum that is required to allow for the transfer of jurisdictional powers to the Unified Patent Court; when he expects the referendum to take place; the discussions held with officials from the Department of the Environment, Community and Local Government regarding the timeframe for such a referendum; and if he will make a statement on the matter. [20241/14]

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Written answers

The international Agreement on the Unified Patent Court, signed in February 2013, entails the establishment of an international court that will, when operational, have exclusive competence for actions for infringement and validity in respect of European patents. As the international Agreement entails the transfer of jurisdictional powers in this area of jurisdiction away from the Irish courts, this runs counter to the provisions of the Irish constitution. Therefore, in order for Ireland to ratify the international Agreement, a constitutional referendum must be carried. The timing of a referendum will be a matter for Government to decide and my Department will engage with other relevant Departments, including the Department of the Environment, Community and Local Government in relation to the referendum process.

Microenterprise Loan Fund Application Numbers

Questions (215)

Thomas P. Broughan

Question:

215. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the number of applications made to the microfinance scheme in 2013 and to date in 2014; and the number of jobs supported as a result of the scheme. [20279/14]

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Written answers

The Microenterprise Loan Fund was launched in October 2012. It is administered by Microfinance Ireland (MFI). As of 31 March 2014 MFI has received 475 applications and has approved 192 applications to the value of €3m supporting 437 jobs. My Department publishes quarterly reports on the progress of MFI on the Department’s website www.enterprise.gov.ie. The progress report detailing the analysis and performance for the quarterly period ending 31 March 2014 is available on my Department’s website.

Social Welfare Benefits Expenditure

Questions (216, 242, 243)

Michael Healy-Rae

Question:

216. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will increase the allocation to the pre-2008 levels in respect of carers; and if she will make a statement on the matter. [19985/14]

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Billy Kelleher

Question:

242. Deputy Billy Kelleher asked the Minister for Social Protection the amount spent on the carer's allowance scheme in 2011, 2012 and 2013; and if she will make a statement on the matter. [20136/14]

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Billy Kelleher

Question:

243. Deputy Billy Kelleher asked the Minister for Social Protection the amount spent on the carer's benefit scheme in 2011, 2012 and 2013; and if she will make a statement on the matter. [20138/14]

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Written answers

I propose to take Questions Nos. 216, 242 and 243 together.

The information sought by the Deputies is contained in the following table which shows expenditure for carer’s allowance, carer’s benefit, domiciliary care allowance and respite care grant for each year since 2007. Since 2007, expenditure on carers payments by the Department has increased by almost €376 million to close to an estimated €806 million in 2014 or an increase of 63%. Responsibility for domiciliary care allowance transferred to the Department from the Health Service Executive during 2009.

Expenditure

2007

Outturn

2008 Outturn

2009

Outturn

2010

Outturn

2011

Outturn

2012

Outturn

2013

Provisional

Outturn

2014

REV

Allocation

€'000

€'000

€'000

€'000

€'000

€'000

€'000

€'000

Carer's Allowance

361,257

450,260

502,469

501,789

507,193

509,671

554,801

557,200

Domiciliary

Care Allowance**

-

-

31,017

95,710

99,924

102,237

104,272

105,100

Respite Care Grant

72,471

98,204

99,200

128,097

130,392

136,353

119,943

122,000

Carer's Benefit

26,900

33,666

30,204

26,288

24,474

24,498

22,443

21,500

Total

460,628

582,130

662,890

751,884

761,983

772,759

801,459

805,800

Y-on-Y change

-

121,502

80,760

88,994

10,099

10,776

28,700

4,341

It should be also be noted that over 25,000 recipients of carer’s allowance at the end of March last were in receipt of the half-rate carer’s allowance payment as they were also concurrently in receipt of another welfare payment. While expenditure on the half-rate payment is contained in the table above, expenditure on the other welfare payments which the relevant carers are in receipt of is not included. The allocation for payments to carers in 2015 will be considered in the context of the next Budget.

Registration of Births

Questions (217)

Joanna Tuffy

Question:

217. Deputy Joanna Tuffy asked the Minister for Social Protection her plans to change the ruling whereby a death certificate cannot be issued for a stillborn baby because they were underweight; and if she will make a statement on the matter. [20239/14]

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Written answers

The loss of a child in any circumstances is an extremely tragic event and I wish to extend my deepest sympathies to those families who have lost a child through stillbirth. The voluntary registration of stillbirths is provided for in section 28 of the Civil Registration Act 2004. The definition of a “stillborn child” is contained in section 2(1) of that Act and provides that a stillborn child means 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.

Registration of stillbirths was first provided for in the Stillbirths Registration Act 1994. The definition of a stillbirth contained in that Act was carried forward to the 2004 Act. When the 1994 Act was passed by the Oireachtas, detailed consideration was given as to what the most appropriate definition of a stillbirth should be. The position varies from country to country. Some countries use gestational age only, while others use weight, or a combination of both. Currently, there are no plans to amend the definition of stillbirth as provided for in the Act.

Household Benefits Scheme

Questions (218)

Joe McHugh

Question:

218. Deputy Joe McHugh asked the Minister for Social Protection her views on providing extra support for widows, widowers, elderly single people and elderly persons who fall a few years short of retirement, in response to the withdrawal of fuel allowances, in view of the fact that married couples require the same level of fuel purchase as a single dweller, and can share the cost of property tax and the upcoming water rates; and if she will make a statement on the matter. [20290/14]

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Written answers

Some 410,000 customers have received the fuel allowance of €20 per week for 26 weeks from October to April, at an estimated cost of €208 million in 2014. The allowance is subject to a means test and is paid only to those who live alone or with certain exempted people. The electricity or gas allowance of €35 per month is also paid to 410,000 customers at an estimated cost of €230 million in 2014. This allowance is subject to a means test for those aged under 70 and is also paid only to those who live alone or with certain exempted people. In addition, a person living alone and in receipt of a pension, a widow’s, widower’s or surviving civil partner’s payment or a disability payment from the Department may be entitled to the living alone allowance of €7.70 per week.

In terms of older people approaching pension age, if they are in receipt of long-term jobseeker’s allowance (15 months or more in payment) they may be entitled to fuel allowance. If they are in receipt of a widow’s, widower’s or surviving civil partner’s payment or a disability payment they may be eligible for fuel allowance and household benefits subject to meeting the qualifying criteria for these schemes. I am not in a position to extend the criteria for these schemes or the current value of the allowances.

It is recognised in the Government’s Energy Affordability Strategy that the best way to tackle fuel poverty in the long term is to improve the energy efficiency of the dwelling. The Better Energy Warmer Homes scheme, administered by the Sustainable Energy Authority of Ireland, delivers a range of energy efficiency measures to low income households vulnerable to energy poverty. Measures available include; draught proofing, attic insulation, lagging jackets for hot water tanks, low energy light bulbs and cavity wall insulation and are free of charge to the customer.

Questions Nos. 219 and 220 withdrawn.
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