Written Answers Nos. 381-413
381. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation the number of site visits conducted by IDA Ireland that took place during 2013 and the first six months of 2014 in Waterford city and county. [32995/14]
View answer382. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation the number of IDA Ireland created jobs that exist in Waterford city and county currently; and the number that existed ten years ago. [32996/14]
View answerI propose to take Questions Nos. 381 and 382 together.
I am informed by IDA Ireland that during 2013 there were 14 IDA Ireland sponsored site visits by potential investors to County Waterford with an additional 5 visits up until the end of June 2014. These site visits were from new companies visiting the location for the first time and from senior executives of existing companies.
There are many complex factors influencing investor location decision-making such as the increasing preference of investors globally for cities of scale with 1 million plus population, significant challenges from lower cost locations in the UK and Eastern Europe and attractive regional aid.
The Forfás Annual Employment Survey reports on the number of jobs gained and lost in the enterprise development agencies. The survey is conducted on an annual basis and aggregated at county level. Details of the total number of jobs in Waterford City and County currently and in 2004 are set out in the following tabular statement.
Table shows employment data in Waterford City and County in 2004 and 2014
|
Year |
No. of Companies |
Total no. of Jobs |
No. of Jobs Created |
|
2004 |
33 |
7,380 |
613 |
|
2014 |
28 |
5,075 |
172 |
383. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of staff who retired, left or otherwise departed from their employment from 1 July 2013 to 31 December 2013, and the expected annual savings arising therefrom; the number of staff expected to leave in 2014, and the annual expected savings therefrom; the number of staff expected to leave in 2015, and the annual savings therefrom; the number of staff expected to leave in 2016, and the annual savings therefrom; and if he will make a statement on the matter. [33207/14]
View answer384. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of new staff employed since 1 July 2013 up to 31 December 2013 and the expected annual costs arising therefrom; the expected number to be employed in 2014 and the estimated annual cost arising therefrom; the expected number to be employed in 2015 and the estimated annual cost arising therefrom; the expected number to be employed in 2016 and the estimated annual cost arising therefrom; and if he will make a statement on the matter. [33224/14]
View answerI propose to take Questions Nos. 383 and 384 together.
Staffing numbers for my Department are managed having regard to the Employment Control Framework (ECF), which is the mechanism for the management of the reduction of overall public sector staff numbers, administered by the Department of Public Expenditure and Reform. The ECF sets reducing annual targets for Departments – and other Public Sector Bodies – to meet, and Business Units of my Department are organised accordingly.
For the period July to December 2013 there were seven staff departures and one staff member assigned to my Department, which taken together represent an associated estimated annual cost saving of €300,000. In 2014 to date, and estimated to year end, there will be 51 departures and 55 staff assigned, which when taken together show an associated estimated annual cost of €200,000. Of the 55 new assignees, 48 come from the dissolution of Forfás and the integration of its policy and related functions into my Department. In addition, there are also staff on career breaks and changes from full-time to part-time work patterns which are reflected in the overall staffing figures of any Department.
In calculating the above figures, the number of departures from the employ of my Department includes those who have transferred/redeployed, retired or resigned.
It is not possible to estimate staffing departures or new assignments for 2015 and 2016 at this time, with the exception of advising there are estimated to be 13 age-related retirements in 2015 (estimated annual cost saving €650,000) and 7 age-related retirements in 2016 (estimated annual cost saving €350,000). Staffing provision of the Department for 2015 and 2016 is yet to be determined but will be influenced by various factors, including business need, available finances and Government policy on public sector recruitment generally.
385. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the total value of Ireland’s imports and exports with Russia in each year from 2008 to 2013; and if he will make a statement on the matter. [33306/14]
View answerThe value of merchandise exports from Ireland to Russia increased by 85% between 2008 and 2013, with 2013 exports reaching €637 million.
In the same period the value of merchandise imports from Russia to Ireland increased by 10% to €148 million in 2013.
Russia accounted for 0.7% of Ireland's total merchandise exports in 2013.
Russia ranked as Ireland's 19 largest goods market in terms of exports and 33 in terms of goods imports in 2013.
The following tables show the value of Ireland’s merchandise trade with Russia in the years 2008-2013 and the value of Ireland's services trade with Russia in the years 2008-2012. Services trade data for 2013 will not be available until later this month.
Merchandise Trade
|
Year |
Exports (€m) |
Imports (€m) |
|
2008 |
344 |
134 |
|
2009 |
243 |
81 |
|
2010 |
377 |
160 |
|
2011 |
506 |
122 |
|
2012 |
603 |
102 |
|
2013 |
637 |
148 |
Services Trade*
|
Year |
Exports (€m) |
Imports (€m) |
|
2008 |
1,244 |
254 |
|
2009 |
983 |
135 |
|
2010 |
1,248 |
196 |
|
2011 |
-1,563 |
175 |
|
2012 |
-332 |
259 |
* Occasionally, the merchanting component of service exports may have a negative sign as data is compiled on a net profit or loss basis rather than actual sales.
386. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation when the Low Pay Commission will be established; the terms of reference that will apply; when its first report will be issued; and if he will make a statement on the matter. [33501/14]
View answerThere is a commitment in the Statement of Government Priorities 2014/2016 to establish a Low Pay Commission (LPC) on a statutory basis as an independent body to make annual recommendations to the Government about the appropriate level of the minimum wage and related matters. The Minister for Business and Employment is currently developing proposals to implement that commitment.
Issues being developed to this end include,
- the detailed role and mandate of the LPC
- its size and composition
- resourcing requirements and
- legislative changes to National Minimum Wage Act 2000.
In addition to establishing the LPC on a statutory basis and progressing the legislative process, consideration is being given to establishing the LPC on an interim administrative basis to ensure that the Commission is in a position to carry out its functions as early as possible.
387. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on wage developments within the waste sector; when the review by his Department of the waste sector will be completed; and if he will make a statement on the matter. [33502/14]
View answerI understand that there are approximately 100 registered domestic waste collection companies operating in Ireland and they employ 8,000 workers directly. The indirect labour figure (agency/contract) is less clear. Given the number of companies competing for business, the cost of service delivery is a deciding factor in winning customers and the industry is characterised by diversity in wage rates and energetic competition on labour rates between companies as part of the effort to compete on cost to the customer. In these circumstances, it is my understanding that many of the companies pay workers at or slightly above the National Minimum Wage.
Mindful that the need for proper compliance with legislation is in the workers and the wider public interest, I sought and received initial reports from the relevant Agencies under the aegis of my Department (The Health and Safety Authority, NERA, National Consumer Agency, Competition Authority, LRC) on the operation of the wider waste collection sector. These reports have been furnished and, when final reports are received, I intend to report to Government on the matter.
In this context, issues arising in relation to disputes around pay rates in the sector will also be considered.
388. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the current industry specific investigations that are under way by the National Consumer Agency; and if he will make a statement on the matter. [33503/14]
View answerSection 7(3) of the Consumer Protection Act 2007 provides that the National Consumer Agency shall be independent in the performance of its functions. The issue raised by the Deputy relates to the day to day functions of the National Consumer Agency in which I, as Minister for Jobs, Enterprise and Innovation, have no direct function.
389. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the legal requirements a retailer must comply with in describing an item as being on sale at a reduced price in terms of the length of time it must have been selling at the stated higher price; and if he will make a statement on the matter. [33504/14]
View answerThe legal requirements with which retailers must comply with when offering an item for sale at a reduced price are set out in the Consumer Protection Act 2007. The Act prohibits traders from misleading consumers, by act or omission, about the price of goods or services, the manner in which a price is calculated, or the existence and nature of a specific price advantage. Section 43(6) provides that, where a commercial practice involves a representation or creates an impression (whether in advertising, marketing or otherwise) that a product was previously offered at a different price or a particular price, consideration shall be given to whether the product was previously offered openly and in good faith at that price for a reasonable period of time before the representation was made.
The Guidelines on Price Promotions and Related Matters published by the National Consumer Agency in 2009 state that, while what constitutes a ‘reasonable period of time’ will depend on the circumstances, a period of 28 successive days in the previous three months would generally be considered reasonable. Exceptions to this 28 day guideline would apply in the cases, first, of perishable products with a short shelf life and, secondly, of seasonal products which should be on sale for at least 14 days in the previous three month period.
390. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the costs that will be incurred in the establishment of the Competition and Consumer Protection Commission; and if he will make a statement on the matter. [33505/14]
View answerThe Competition and Consumer Protection Commission will be established on 31 October 2014 through the amalgamation of the Competition Authority and the National Consumer Agency.
Savings of approximately €1,700,000 over the next ten years will be achieved as there will be no fees for a Board or Chairperson to be paid (or associated costs such as travel and subsistence for Board members) while some other savings should be realised in relation to public relations and audit activities.
Necessary preparations leading up to the establishment of the Commission have been underway since 2013 and these have intensified this year. The establishment costs incurred to date, or known to be due, are approximately €187,632. The costs paid to date have been absorbed by both the National Consumer Agency and the Competition Authority within current budget allocations.
The Competition and Consumer Protection Commission will be bi-located on establishment in the current premises of the bodies that are being amalgamated. Once a suitable premises is identified for the Commission, there will be unavoidable once-off set-up costs for moving, fit-out, etc. These costs will depend upon the premises that is selected by the OPW, the final layout plans and any connected contractual arrangements for fit out, furniture, etc. These once-off relocation set-up costs would have been incurred irrespective of the establishment of the Commission, as a decision not to renew the leases in both organisations' current locations was taken by the OPW independently of the amalgamation.
391. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation the steps being taken to source an alternative employer for the MBNA staff in Carrick-on-Shannon who are due to lose their jobs before Christmas; and if he will make a statement on the matter. [33543/14]
View answerA series of actions has and continue to be implemented by local and national agencies to source an alternative employer and find alternative employment for those impacted by the MBNA announcement.
An inter-agency group, led by Enterprise Ireland, has been formed and its membership includes representatives of all the relevant State players. This Group will provide a coordinated approach to the needs of the affected staff and ensure that all necessary steps are put in train to pursue an alternative investor.
A series of additional developments have also taken place:
- Details of the staff skills and the capabilities of the facility have been collated,
- IDA, along with MBNA/Bank of America has produced a marketing pack for potential investors.
- The global IDA team continues to market the MBNA facility to a range of potential investors through its network.
- Enterprise Ireland is marketing the facility to its client base.
- There have been a small number of preliminary enquiries about the facility, both from foreign owned and Irish owned businesses but it is too early in the process to be specific about their potential.
The work of the inter-agency group will continue and IDA and Enterprise Ireland will work to market the MBNA facility to a range of potential investors and to respond to requests for information from potential interested parties.
392. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation if the industrial development agency has been in discussion with the management of a company (details supplied) following the purchase of the Covidien plants in Athlone and Tullamore; the implications of this sale for employment on the three sites at Athlone, Tullamore and Galway; and if he will make a statement on the matter. [33544/14]
View answerThe proposed takeover of Covidien by Medtronic was announced earlier this year but is subject to certain conditions such as shareholder approval and regulatory clearances around the world. The transaction is expected to be concluded by the end of 2014 or early 2015.
The acquisition will see the businesses of Medtronic and Covidien combine under a new entity entitled Medtronic plc, which will have its principal executive offices in Ireland, where Covidien’s current headquarters are located, with its Operations Centre located in Minneapolis, USA. The combined entity will have about 3,600 employees in Ireland. The company envisages that combining Medtronic and Covidien’s highly complementary product portfolios will allow Medtronic plc to address device needs in virtually every major device segment thus enabling Medtronic plc to provide more patients with a wider range of products and therapies in a greater number of locations worldwide.
Over 2,000 people are currently employed by Medtronic in Ireland, mostly at the company’s Galway facility, which has a Centre of Excellence for the development and manufacture of a number of the company’s key medical technologies for the treatment of cardiovascular and cardiac rhythm diseases. It also has a small sales operation in Dublin. Covidien has significant operations in Galway, Athlone Tullamore and Dublin, employing about 1,500.
IDA Ireland has ongoing close relationships with Medtronic and Covidien, both in Ireland and the US. That Agency will continue to engage with all parties to endeavour to influence a positive outcome for Ireland Inc., as the structure of the merger develops and strategic decisions are made.
393. Deputy Seán Crowe asked the Minister for Jobs, Enterprise and Innovation the number of export licences of military goods for Israel that his Department approved; the type of military goods that have been exported; and if, in view of Israel's recent military attacks on Gaza which killed over 2,200 people, the vast majority civilians, and the accusations that it committed war crimes, his Department now refuse to approve export licences of military goods for Israel. [33773/14]
View answerMy Department is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the Annexe to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List.
The EU Common Military List includes military goods and technology, and components for such items that should be licensed for export from the Union. Items which are classified as “military goods” from an export control perspective and which are exported from Ireland involve components rather than military equipment.
The Department consults with the Department of Foreign Affairs and Trade in respect of all military export licence applications. All military licence applications are subject to rigorous scrutiny, and are considered in the light of the spirit and objectives of the 1998 EU Code of Conduct on Arms Exports. This Code, which was subsequently adopted in 2008 as an EU Common Position, seeks to safeguard, among other concerns, regional stability and human rights. All applications for export licences are very carefully assessed having regard to the end use and the end user and against well-established criteria.
Eleven licences for the export of Military List items to Israel have been issued from 2011 to date. Details are provided as follows:
2011
Three licences for the export of Military List products to Israel were issued in 2011, to the total value of €6.138 million. Two licences were issued for Military List (ML) “category 6” items while one was issued for ML “category 22” items. The ML “category 6 “refers to “Ground Vehicles and Components”, while ML “category 22” refers to “Technology”. “Technology” is that which is “required for the development, production or use of items or components specified in the EU Common Military List”.
2012
One licence for the export of Military List products to Israel was issued in 2012. The value of the licence was €39,525 and it was issued for ML “category 6” items, i.e. “Ground Vehicles and Components”.
2013
Five licences for the export of Military List products to Israel were issued in 2013, to the total value of €119,971. Two licences were issued for ML “category 6” items while three were issued for ML “category 10” items. The ML “category 10” refers to “Aircraft, lighter-than-air vehicles, Unmanned Aerial Vehicles “UAVs”), aero-engines and aircraft equipment, related equipment, and components”.
2014
Two licences for the export of Military List products to Israel were issued during the first quarter of 2014, to the total value of €126,637. Both licences were issued for ML “category 6” items. No licences for the export of Military List products to Israel have been granted since the end of the first quarter of 2014.
The figures provided above represent the maximum value which can be exported under the above export licences and not the value of the goods and technology actually exported under those licences. It is important to recall that items which were classified as “military goods” from an export control perspective and which were exported from Ireland involved components for inclusion in, rather than finished military equipment. These components were generally exported to manufacturers in Israel before being sent to the final end-user in Israel.
394. Deputy Ruth Coppinger asked the Minister for Jobs, Enterprise and Innovation the number of dual-use licences and military-use licences issued for trade with Israel in the years 2011, 2012, 2013 and to date in 2014; if he will provide descriptions of the products that were licensed; and if he will make a statement on the matter. [33781/14]
View answerMy Department is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the Annexe to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List.
The EU Common Military List includes military goods and technology, and components for such items that should be licensed for export from the Union. Items which are classified as “military goods” from an export control perspective and which are exported from Ireland involve components rather than military equipment.
Eleven licences for the export of Military List items to Israel have been issued from 2011 to date. Details are provided as follows:
2011
Three licences for the export of Military List products to Israel were issued in 2011, to the total value of €6.138 million. Two licences were issued for Military List (ML) “category 6” items while one was issued for ML “category 22” items. The ML “category 6 “refers to “Ground Vehicles and Components”, while ML “category 22” refers to “Technology”. “Technology” is that which is “required for the development, production or use of items or components specified in the EU Common Military List”.
2012
One licence for the export of Military List products to Israel was issued in 2012. The value of the licence was €39,525 and it was issued for ML “category 6” items, i.e. “Ground Vehicles and Components”.
2013
Five licences for the export of Military List products to Israel were issued in 2013, to the total value of €119,971. Two licences were issued for ML “category 6” items while three were issued for ML “category 10” items. The ML “category 10” refers to “Aircraft, lighter-than-air vehicles, Unmanned Aerial Vehicles “UAVs”), aero-engines and aircraft equipment, related equipment, and components”.
2014
Two licences for the export of Military List products to Israel were issued during the first quarter of 2014, to the total value of €126,637. Both licences were issued for ML “category 6” items. No licences for the export of Military List products to Israel have been granted since the end of the first quarter of 2014.
It is important to recall that items which were classified as “military goods” from an export control perspective and which were exported from Ireland involved components for inclusion in, rather than finished military equipment. These components were generally exported to manufacturers in Israel before being sent to the final end-user in Israel.
My Department is also responsible for licensing those dual-use items controlled pursuant to Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. Summary data on dual-use licences issued from 2011 to date in respect of exports to Israel is provided below.
Individual dual-use licences issued in respect of exports to Israel
|
Year |
Dual-Use Category |
Number of Licences Issued |
Value of Licences €0 - €100,000 |
Value of Licences Above €100,000 |
|
2014 (to date) |
3 |
2 |
X |
|
|
5 |
10 |
X |
||
|
Total number of licences issued |
12 |
|||
|
2013 |
2 |
2 |
X |
|
|
5 |
12 |
X |
||
|
7 |
6 |
X |
||
|
Total issued |
20 |
|||
|
2012 |
2 |
1 |
X |
|
|
4 |
1 |
X |
||
|
5 |
18 |
X |
||
|
Total issued |
20 |
|||
|
2011 |
2 |
2 |
X |
|
|
3 |
1 |
X |
||
|
5 |
9 |
X |
||
|
Total issued |
12 |
The dual-use categories correspond to the product category classifications as set out in Annex I to the Dual-Use Regulation (Council Regulation (EC) No. 428/2009, as amended):
Category 2: Materials Processing
Category 3: Electronics
Category 4: Computers
Category 5: Telecommunications and “information security”
Category 7: Navigation and avionics
Israel is also included as a destination on a proportion of the small number of global dual-use licences issued by my Department each year. These licences are issued subject to a number of strict conditions, such as a prohibition on their use for exports to military, police or State security forces end users. An application for an individual dual-use licence must be made for such exports.
While the term “dual-use” refers to those items that are normally used for civilian or commercial purposes but may also have a military application, the vast majority of dual-use licences issued by my Department are for commercial purposes.
My Department consults with the Department of Foreign Affairs and Trade in respect of all military and dual-use export licence applications in respect of Israel. All applications for export licenses are very carefully assessed having regard to the end use and the end user and against well-established criteria. Applications for the export of Military List items are considered in the light of the spirit and objectives of the EU Code of Conduct on Arms Exports which seeks to safeguard, among other concerns, regional stability and human rights.
Finally, it is important to note that the figures provided above represent the maximum value which can be exported under the above export licences and not the value of the goods and technology actually exported under those licences.
395. Deputy Joe Costello asked the Minister for Jobs, Enterprise and Innovation if he will give a report on the lockout of workers by Greyhound recycling; the steps that are being taken to resolve the dispute; and if he will make a statement on the matter. [33832/14]
View answerThe industrial dispute at Greyhound Household has been ongoing since 17 June 2014. This dispute centres around the terms and conditions of certain employees of the company linked to cost reduction proposals.
The dispute has been the subject of conciliation efforts in the Labour Relations Commission, where agreement was not reached, and a subsequent Labour Court recommendation. In its recommendation, the Court found that the Company’s current cost base is not sustainable and that it required immediate remedial action in order to both protect employment and secure its customer base. Agreement on that remedial action was not possible and the dispute escalated.
On 9 September both sides agreed to take part in renewed talks and a High Court hearing into alleged breaches of Court Orders has been adjourned for one week.
While exploratory talks between the parties took place last week under the auspices of the Labour Relations Commission, my understanding is that currently the talks are being conducted directly between the parties. However, the services of the State’s industrial relations machinery are available to assist the parties in the dispute.
It is important to bear in mind that Ireland’s system of industrial relations is voluntary in nature and responsibility for the resolution of industrial relations issues lies ultimately with employers and workers and their respective representatives as appropriate. Over the years, experience constantly shows us that what often appears to be the most intractable of matters is capable of resolution where both sides engage constructively and in good faith in this voluntary process.
396. Deputy Patrick O'Donovan asked the Minister for Jobs, Enterprise and Innovation the number of applications for grant assistance that were received by the Limerick County Enterprise Board in each month of 2012 and 2013; the number received from the Limerick county area in each month since the amalgamation of the city and county enterprise boards under the new Limerick LEO; and if he will make a statement on the matter. [33850/14]
View answerThe number of grant applications received by both Limerick City and County Enterprise Board for each month in 2012, 2013 and from January to March 2014 are shown in the following table. Since the establishment of the Local Enterprise Offices (LEOs) in April LEO Limerick no longer keeps separate records for the City and County areas, as it is now dealing with Limerick as a whole.
|
- |
2012 |
2012 |
2013 |
2013 |
2014 |
2014 |
2014 |
|
CEB |
Limerick City |
Limerick County |
Limerick City |
Limerick County |
Limerick City |
Limerick County |
LEO Limerick |
|
Jan |
5 |
5 |
3 |
9 |
3 |
10 |
N/A |
|
Feb |
5 |
2 |
3 |
8 |
1 |
3 |
N/A |
|
Mar |
1 |
2 |
0 |
0 |
3 |
11 |
N/A |
|
Apr |
2 |
2 |
0 |
3 |
N/A |
N/A |
0 |
|
May |
4 |
3 |
6 |
1 |
N/A |
N/A |
3 |
|
June |
1 |
4 |
5 |
0 |
N/A |
N/A |
5 |
|
July |
0 |
1 |
0 |
9 |
N/A |
N/A |
2 |
|
Aug |
0 |
4 |
3 |
10 |
N/A |
N/A |
1 |
|
Sept |
3 |
1 |
1 |
3 |
N/A |
N/A |
7 |
|
Oct |
0 |
0 |
3 |
2 |
|||
|
Nov |
0 |
3 |
0 |
3 |
|||
|
Dec |
0 |
0 |
0 |
0 |
In addition, the LEO Limerick received 38 applications under the Ireland’s Best Young Entrepreneur (IBYE) competition, under which applicants are competing for investments of up to €50,000 at County level and up to €100,000 for the overall national winner.
397. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will support a matter (details supplied); and if he will make a statement on it. [33986/14]
View answerSupport for job creation and retention for the micro-enterprise sector is provided by the Local Enterprise Offices (LEOs). The LEOs are the first-stop-shop front line service assisting in delivering business growth and jobs. They pull together all the players – other Government Departments and Agencies - to support everyone with a good business idea and strengthen the enterprise sector in the local area. The LEOs are the first port of call in terms of advice, direction, training and, in certain circumstances, grant support for anyone who wishes to start or expand a business.
In particular, the LEO can advise him about the Department of Social Protection JobsPlus Scheme, which is an incentive aimed at encouraging and rewarding employers who offer employment opportunities to the long term unemployed. Grants of €7,500 and €10,000 are available to qualifying employers to offset wage costs where they engage jobseekers from the Live Register.
The LEOs themselves provide a range of financial and non-financial supports to help enterprises at start-up or during business expansion phases. It should be noted that the LEOs themselves generally only grant assist enterprises in the manufacturing or internationally traded services sector, which over time can develop into strong export entities and graduate to the Enterprise Ireland portfolio. However, there are other potential supports available and the LEO staff can advise you appropriately.
For example, any business can use the LEOs as a gateway to accessing finance from Micro Finance Ireland (MFI), which offers support in the form of loans of up to €25,000 to start-up, newly established or growing microenterprises employing less than 10 people with viable business propositions that do not meet the conventional risk criteria applied by the banks. The Fund available to MFI has a significant entrepreneurship focus and is open to anyone with a viable business proposal. Applications for the Microfinance Fund should be channelled through the local LEO.
For an enterprise located in the Dublin 9 area, the LEO Dublin City would be the relevant Office, contact details for which are as follows: Local Enterprise Office Dublin City, Block 4, Floor 1, Civic Offices, Wood Quay, Dublin 8, tel: 01-222 5611/2, email: info@leo.dublincity.ie, website: www.localenterprise.ie/dublincity.
The businessman concerned can also access the new online search tool for SME business supports that was launched last May. The Supporting SMEs Online Tool is a cross-governmental initiative to help Irish start-ups and small businesses navigate the range of Government business supports for which they could be eligible.
By answering the 8 questions in the Tool, a small business will, in one location be able to:
- Find out which of the over 80 Government business supports from 27 different Government Departments, Agencies and Initiatives are available to them
- obtain information on the range of Government supports for accessing credit
- identify their nearest Local Enterprise Office where they can discuss the outcomes of the guide further
- download all these filtered results into a document for their further use.
The Supporting SMEs Online Tool is available at: www.localenterprise.ie/smeonlinetool.
398. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of administrative arrangements, as opposed to contracts for service, his Department is a party to; if he will provide in tabular form the party or parties to the administrative arrangement; the duration of these administrative arrangements; the cost recovery value of these administrative arrangements; and if he will make a statement on the matter. [34006/14]
View answerI understand that the Deputy is seeking confirmation relating to services which are provided to my Department in the absence of a tendering process. Having regard to the example provided by the Deputy, my Department does not have in place any administrative arrangements, of this nature, as opposed to contracts for service.
It should be noted that my Department does avail of certain centralised services within the Government system such as property management services from the Office of Public Works and legal services from the Chief State Solicitors Office. My Department also receives certain Pensions administration services from one of its own non-commercial State Agencies (Enterprise Ireland), at no cost to my Department.
My Department will also participate fully in centrally provided HR, Payroll, Pension and Financial shared services, as these become available.
399. Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation the position regarding a company (details supplied) in County Louth; if he will provide in tabular form the aids or supports given to this company by the industrial development agency or Enterprise Ireland over the past five years; and if he will make a statement on the matter. [34125/14]
View answerThe recent public announcement by Rexxam Electronics, based in Drogheda, that it had made the decision to close later this year with the loss of all 67 jobs, is very much regretted and I sympathise with the employees affected, who have given loyal service to the company.
This Japanese-owned company is a manufacturer of printed circuit boards (PCBs) and 90% of its business was from one customer, another Japanese company. Following a cost-cutting exercise by that customer, Rexxam lost its contract to a competitor in Asia. It is a hard economic reality that, over recent decades, the production of PCBs has been shifting from Europe to Asia for cost reasons.
Over the years, IDA Ireland has maintains a strong relationship with the Irish and Japanese management team and has assisted with support for Green Cards and the Intra-Company Transfer process. The IDA have been very conscious of the challenges facing the company and over recent years it has worked with them, both at local management level and with its parent company in Japan, to seek to effect change in its Irish operations. Various proposals were developed by the IDA to explore restructuring and to pursue a range of business opportunities to diversify operations in Drogheda but the company decided they were not in a position to proceed with these possible initiatives.
Over recent months Minister of State Nash has been engaged with the company in relation to the threatened closure and has arranged for the IDA to maintain close communication with Rexxam to profile the company from a perspective of marketing the business as a going concern or an investment opportunity, both overseas and within Ireland. He has also asked Enterprise Ireland to pursue whether or not the plant might be of interest to any of that Agency’s client companies.
In the past 5 years Rexxam received one payment of €136,500 through IDA Ireland, under the Employment Subsidy Scheme, and this was made in 2009.
On the wider issue of job creation in Louth, we are very pleased with the level of Foreign Direct Investment secured by IDA Ireland there in recent years. The companies involved include Pay Pal, eBay, National Pen, Becton Dickinson, YapStone and Prometric. Very significant numbers of jobs have been created in the county as a result, over the last three years. Work is ongoing to build on this success.
400. Deputy Paul J. Connaughton asked the Minister for Jobs, Enterprise and Innovation the break entitlements for outdoor workers working eight hour shifts and ten hour shifts; and if he will make a statement on the matter. [34180/14]
View answerThe Organisation of Working time Act, 1997 sets out rights of employees in respect of minimum rest times and breaks during the working day.
In general employees are entitled to a minimum of:
- 11 consecutive hours rest in a 24 hour period called the daily rest period
- One period of 24 hours rest in a week preceded by a daily rest period
- 15 minutes when working four and a half hours or more, 30 minutes when working six hours or more which may include the first break.
There is no specific definition of ‘outdoor worker’ under the legislation. Certain sectors can be exempt from holding to the strict rest breaks regime providing a satisfactory compensatory rest regime is in place. These are defined under S.I. No. 21/1998. Organisation of Working Time (General Exemptions) Regulations 1998. The exemptions apply to some specific sectors including agriculture and the production, transmission or distribution of gas, water or electricity. These sectors may include workers that might fall within the common understanding of ‘outdoor worker’.
Crucially, while the timing of the rest breaks in the course of the day and week are more flexible for those exempted sectors this is subject to implementing a satisfactory alternative rest and breaks regime.
Where a dispute arises in relation to breaks or the compensatory rest regime an employee can take a complaint to the Rights Commissioners Service. To make a complaint the employee may use the on-line complaint form available on www.workplacerelations.ie which also allows for electronic submission of the complaint.
401. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation the progress to date of the analysis of the independent Copyright Review Committee's report, Modernising Copyright; his plans to legislate in this regard; and if the principle of fair use will be prioritised; and if he will make a statement on the matter. [34224/14]
View answerThe Report of the Copyright Review Committee Modernising Copyright was published on 29 October 2013. The Report contains in excess of 60 recommendations covering a diverse range of copyright issues which are being reviewed and evaluated in my Department. A number of the recommendations touch also on areas of responsibility outside of my Department's remit and these Departments have also been consulted.
My Department has sought legal advice from the Office of the Attorney General on a number of recommendations that have the potential to raise significant legal issues and which therefore need to be carefully considered in advance of shaping any proposals for legislative reform.
The intention is to complete the Department’s analysis of the Report’s recommendations, including that on fair use, with a view to bringing forward proposals for legislative reform in 2014.
402. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide his Department's statement of strategy 2014 to 2016. [34394/14]
View answerMy Department’s current Statement of Strategy which covers the period 2011-2014 is available on my Department's website. Under the Public Service Management Act 1997 Departments are required to produce a new Statement of Strategy every three years and within six months of the appointment of a new Minister. Over the coming months my Department will develop a new Statement of Strategy. After the strategy statement has been approved, I will arrange for it to be laid before each House of the Oireachtas in accordance with Section 5 of the Public Service Management Act 1997. Following publication it will also be made publicly available on my Department's website.
403. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will amend the National Minimum Wage Act 2000 to include all those in statutory apprenticeships. [34395/14]
View answerSection 5 of the National Minimum Wage Act 2000 provides that the Act does not apply, inter alia, to the remuneration of a person who is an apprentice within the meaning of the Industrial Training Act, 1967 and Labour Services Act, 1987. The decision to exclude statutory apprentices from the scope of the Act was based on the recommendation contained in the Final Report of the Inter-Departmental Group on the Implementation of a National Minimum Wage that apprentices serving statutory apprenticeships should be exempted in recognition of the unique nature of such apprenticeship and the fact that a long-established practice for determining rates, which adequately protected apprentices, already existed. Prior to the 2013 decision of the Supreme Court in the McGowan case, Registered Employment Agreements for the Construction and Electrical Contracting sectors made provision for rates of remuneration of apprentices that were legally binding and enforceable in those sectors. The effect of the Supreme Court decision was to invalidate the registration of employment agreements previously registered under Part III of the Industrial Relations Act, 1946. All such agreements no longer have any application beyond the subscribing parties and are not enforceable in law.
Having considered the legal advice from the Attorney General on the implications of the Supreme Court ruling, and given the importance of the issue for employers and their employees, particularly in relation to rates of pay and tendering for contracts the Government decided on 23 July to bring forward legislation to address the ruling and to provide for a revised legislative framework that would be fully informed by the Supreme Court judgment and be expected to withstand constitutional challenge in the future. In this context, it is proposed that the new framework governing sectoral rates of remuneration will provide that rates of remuneration to cover apprentices to be provided for in legally binding Ministerial Orders, if appropriate.
404. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the Workplace Relations Bill 2014 is fully compliant with EU anti-discrimination law and the EU Charter of Fundamental Rights. [34396/14]
View answerI am committed to delivering a world-class workplace relations service. The Workplace Relations Bill 2014 will give statutory effect to the reforms which I am currently introducing to the State’s existing employment rights and industrial relations structures.
This legislation provides a statutory basis for a new structure which will see the existing five workplace relations bodies replaced by two. The Labour Relations Commission (LRC), the National Employment Rights Authority (NERA), the Equality Tribunal, the first instance functions of the Employment Appeals Tribunal (EAT) and the first instance functions of the Labour Court will be replaced by the new Workplace Relations Commission (WRC), and the appellate functions of the EAT will be transferred to a new expanded Labour Court.
The aim of the Bill is to create a modern, user-friendly, world-class employment workplace relations system that will provide significant benefits for its users and society as a whole. The focus will be on resolving the workplace disputes as quickly and inexpensively as possible. The Bill does not propose any alterations to the substantive equality law laid down in the Employment Equality Act, the Equal Status Act and the Pensions Act, which is already fully compliant with EU anti-discrimination directives.
Ireland has an excellent record in relation to equality matters. Ireland was in fact one of the first countries to create a wide-ranging equality law which pre-dated most of the European Equality Directives. The reforms that will be given legislative effect by the Workplace Relations Bill will modernise and enhance the redress mechanisms available to those who believe they have been discriminated against on the grounds set out in the Equality Acts. In addition to enhancing the equality redress mechanisms, I am satisfied that the new workplace relations structures and processes which will be given statutory effect by the legislation fully embody the spirit of the EU Charter of Fundamental Rights and the European Convention on Human Rights.
405. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide a detailed breakdown of the annual saving of €2 million arising from the new workplace relations bodies following the enactment of the Workplace Relations Bill 2014. [34397/14]
View answer406. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the current number of whole time equivalents working across the workplace relations bodies; and the number that will be employed in the two replacement bodies following enactment of the Workplace Relations Bill 2014. [34398/14]
View answerI propose to take Questions Nos. 405 and 406 together.
In addition to enhancing the service provided to users, the reform of the Workplace Relations Bodies will reduce staff numbers and the associated costs of delivering the service.
At the end of 2010, before the beginning of the reform process, there were 249.06 whole time equivalents in the workplace relations bodies. The current staffing strength of the bodies is 218.64 whole time equivalents. While there will be further staff reductions due to the continuing reform programme, it is not possible to say at this stage what the final staffing complement of the new bodies will be.
It is expected that the savings achieved by the reform programme will amount to €2 million per annum, mainly due to staff reductions, reduced per diem costs and efficiencies achieved. The main drivers of the reduction in staff costs will be the centralisation of administration and case management services and the automation of business processes. There will also be savings in travel and subsistence costs due to the centralisation of hearings in regional locations and a reduction in room hire costs due to the provision of hearing facilities in Workplace Relations Commission regional offices where feasible. Further savings will arise from the implementation of the new Customer Relationship Management System which is currently being developed.
The Employment Appeals Tribunal will continue in existence for a period after the establishment of the new bodies to finalise its outstanding cases and the final savings arising from the reform programme will not accrue until it has been dissolved. The 2014 allocation for the EAT is €3.5m and allowing for the cost of an additional Division in the Labour Court, the dissolution of the EAT will contribute very significantly to the overall €2m saving projected.
407. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if an employee is entitled to trade union representation when attending the Early Resolution Service, Mediation Service and the Workplace Relations Commission as set out in the Workplace Relations Bill 2014. [34399/14]
View answerI can confirm that the enactment of the Workplace Relations Bill 2014 will not change the current position whereby employees using the services of the various workplace relations bodies can avail of trade union representation if they so choose.
408. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation when he will complete the revision of The Code of Practice: Grievance and Disciplinary Procedures, S.I. No. 146 of 2000, under the Industrial Relations Act 1990, to take into consideration the small owner-managed business as stated in the Blueprint to Deliver a World-Class Workplace Relations Service of April 2012. [34404/14]
View answerThe initial consultation that I undertook in relation to my proposals to reform the State’s employment rights and industrial relations structures was completed in September 2011. The many positive suggestions that emerged from that process influenced the proposals set out in the Blueprint to Deliver a World-Class Workplace Relations Service (Blueprint) which I published in April 2012.
During this consultation process many respondents’ acknowledged the existence of S.I. No. 146 of 2000, The Code of Practice: Grievance and Disciplinary Procedures and the view was expressed that its benefits should be strengthened to take into consideration the small owner-managed business. The Blueprint acknowledged that the Code should be looked at again, in the context of the reform programme which has delivered already substantial efficiencies and improvements for small business in terms of their interactions with the bodies including the provision of advice and early resolution of disputes.
Since the publication of the Blueprint, the publication of the Workplace Relations Bill has brought clarity with regard to the transfer of functions which are currently vested in the Labour Relations Commission.
The functions of the soon to be established Workplace Relations Commission will include the review and preparation, in consultation with the social partners, of current and perhaps new codes of practice relevant to industrial relations including that given effect under S. I. No. 146 of 2000.
409. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the workplace relations commission registrar can dismiss any case for any reason seeking submission for a hearing by either party involved. [34405/14]
View answerThe Workplace Relations Commission (WRC) will have statutory jurisdiction for facilitating the resolution of disputes under approx. 40 separate pieces of employment, equality and industrial relations legislation, in accordance with best international practice and in compliance with international human rights standards. To ensure that the WRC delivers its services to the highest standards, the Director General will be assisted by a suitably qualified and experienced lawyer as Registrar. The Registrar will act as legal advisor to the Director General of the WRC and will perform a range of functions that are similar to those of the Legal Advisor to the Equality Tribunal.
Nobody who has an entitlement to an adjudication hearing will be denied a hearing. However, a percentage of employment rights complaints are inevitably flawed on technical grounds: they may be filed well outside the statutory time limit; they may not disclose any cause of action or they may fail to name any respondent. One of the functions to be fulfilled by the Registrar will be to inform complainants of any such infirmity in their complaint at as early a stage as possible. It is in the interest of both parties and the State that efficiency is introduced into the system by obviating the need to convene a full hearing to deal with such procedural matters.
Such complaints may therefore be referred by the Registrar for determination by an Adjudication Officer of the WRC without a hearing being held. The Bill provides that an Adjudication Officer will have the power to dismiss a complaint in circumstances where he or she forms the opinion that it is frivolous or vexatious. Such a decision can be appealed to the Labour Court.
The words “frivolous or vexatious” are legal terms, they are not pejorative in any sense. It is merely a question of saying that as far as the complainant is concerned if he or she has no reasonable chance of succeeding then the law says that it is frivolous to bring the case. Similarly, it is a hardship on the defendants to have to take steps to defend something which cannot succeed and the law calls that vexatious.
The current regime operated by the Director of the Equality Tribunal provides a very good example of the effective filtering of complaints on receipt. Under the Employment Equality Acts and the Equal Status Acts, the Director of the Equality Tribunal has the power to ‘dismiss a complaint at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter.’ It is entirely logical that a similar power be vested in the Director General of the Workplace Relations Commission.
The Director of the Equality Tribunal’s exercise of his power under section 22 of the Equal Status Act 2000 in such circumstances was unsuccessfully challenged by the claimant/appellant in Fitzgerald v. Minister for Community, Equality and Gaeltacht Affairs [2011] IEHC 180, which came before the High Court by way of an appeal on a point of law from a judgment of the Circuit Court.
410. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the details of the meetings that have taken place between his Department and the Department of Justice and Equality since 2011 to discuss the inter-relationship between the Workplace Relations Commission and the Irish Human Rights and Equality Commission and the safeguards, checks and balances that have been put in place to ensure equality rights eroded as a result of the subsuming of the Equality Tribunal into the WRC. [34406/14]
View answerUnder the existing workplace relations structures the Equality Tribunal has jurisdiction to investigate and decide upon complaints of discrimination under equality legislation (i.e. the Employment Equality Acts, the Equal Status Acts and the Pensions Acts). The Equality Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations.
While responsibility for the Equality Tribunal was transferred from the Minister for Justice and Equality to the Minister for Jobs, Enterprise and Innovation with effect from 1 January, 2013 as part of the ongoing reform of the State's employment rights and industrial relations structures, the Minister for Justice and Equality retains responsibility for equality policy. The responsibility for policy and administrative matters concerning the establishment of the new Irish Human Rights and Equality Commission is also a matter for the Minister for Justice and Equality.
My Department has engaged extensively with the Department of Justice and Equality since 2011 to ensure that the transition of the Equality Tribunal into the Department of Jobs, Enterprise and Employment (and the new Workplace Relations Commission upon its establishment) has taken place in an effective and smooth manner without any diminution in service or rights to stakeholders.
The Workplace Relations Bill provides a statutory basis for a new structure which will see the existing five workplace relations bodies replaced by two. The Labour Relations Commission (LRC), the National Employment Rights Authority (NERA), the Equality Tribunal, the first instance functions of the Employment Appeals Tribunal (EAT) and the first instance functions of the Labour Court will be replaced by the new Workplace Relations Commission (WRC), and the appellate functions of the EAT will be transferred to a new expanded Labour Court.
Under the new structures all complaints under equality legislation will be adjudicated upon at first instance by the WRC Adjudication Service with the right of appeal to the Labour Court (except in the case of the Equal Status Act where appeals will continue to be dealt with by the Circuit Court). There will not be any diminution of rights under equality legislation upon establishment of the WRC and complaints under that legislation will have equal priority with all other employment related matters in the new system.
411. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the award due to an employee arising from a Labour Court decision will be affected in any way by the introduction of fixed payment notices as set out in the Workplace Relations Bill 2014. [34407/14]
View answer412. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the further action that will be taken by the Labour Court in the event that an employer pays in full within the specified timeframe a fixed payment notice but does not in part or in full discharge the award to a current or former employee to which the notice relates. [34408/14]
View answerI propose to take Questions Nos. 411 and 412 together.
I believe that for a workplace relations system to have credibility it must be supported by proportionate, effective and efficient compliance and enforcement measures. The current system of enforcement of employment rights awards is cumbersome, expensive and not fit for purpose. For this reason, provision has been made in the Workplace Relations Bill 2014 for a range of enhanced compliance measures, including the use of Compliance Notices, Fixed Payment Notices and a new mechanism for enforcing awards of the WRC Adjudicators and Labour Court Determinations.
Section 35 of the Bill makes provision for the use of Fixed Payment Notices in respect of a specified range of acts of non-compliance on the part of employers. The matters in respect of which a Fixed Payment Notice may be issued are specified in subsection 5. The use of this mechanism is intended to encourage compliance with employment law and reduce the need to rely on expensive and time consuming prosecution procedures for the scheduled acts of non-compliance.
Where an inspector detects suspected non-compliance in respect of one or more of the scheduled offences, he or she shall serve a Fixed Payment Notice. If the person on whom the notice is served pays the charge the matter does not proceed to Court. However, if the person fails or refuses to pay the charge the matter can be progressed to the District Court where the defendant can defend their position in the normal way.
The Fixed Payment Notice process, as provided for in the Bill, is being introduced as a measure to achieve a more effective system of compliance with employment law. This measure will be an entirely separate mechanism from the new structures being established in the legislation for the adjudication of employment rights disputes. The Bill provides that all first instance complaints under employment rights and equality legislation will be dealt with by WRC Adjudicators with a right of appeal to the Labour Court (except appeals under the Equal Status Acts which will continue to be dealt with by the Circuit Court). Under the legislation neither the WRC Adjudication Service nor the Labour Court will have any role in the Fixed Payment Notice process. The Bill also makes provision for the introduction of a more effective and streamlined system for the enforcement of awards from WRC Adjudicators and/or the Labour Court under employment rights legislation via the District Court.
I am satisfied that these new compliance and enforcement measures will provide for more proportionate, efficient and effective enforcement of employment law.
413. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the decision to conduct Workplace Relation Commission mediation and adjudication hearings otherwise than in public is in contravention of Article 47 of the Charter of Fundamental Rights of the European Union which states that everyone has a right to a fair and public hearing. [34409/14]
View answerThe aim of the Workplace Relations Bill is to create a modern, user-friendly, world-class employment workplace relations system that will provide significant benefits for its users and society as a whole. The focus will be on resolving the workplace disputes as quickly and inexpensively as possible.
The legislation makes provision for the establishment of a range of services (including mediation) to facilitate the resolution of employment rights disputes where possible at an early stage and without recourse to adjudication. Mediation is a voluntary, confidential process that allows two or more disputing parties to resolve their conflict in a mutually agreeable way with the help of a neutral third party, a mediator. The mediation service provided by the Workplace Relations Commission (WRC) will be akin to the mediation service which is currently provided by the Equality Tribunal under equality legislation. Should mediation yield a compromise or settlement between the parties or a withdrawal of the complaint, the outcome will be confidential to the parties. Likewise, if the mediation is unsuccessful, anything divulged by the parties in the process cannot be used subsequently in the adjudication or inspection process. Given the confidential nature of the mediation process, the decision to conduct WRC mediation otherwise than in public, is not in contravention with Article 47 of the Charter of Fundamental Rights of the European Union.
Where employment rights complaints cannot be resolved at local level or with the assistance of the WRC dispute resolution services, parties will have access to a professional and trusted adjudication service. My objective is to ensure that stakeholders have confidence that cases dealt with by the Adjudication Service of the WRC will be heard in a fair and transparent manner in accordance with the law and that the principles of natural justice apply. The Workplace Relations Bill makes provision for the replacement of the existing complex system of five different bodies with a straightforward two-tier system for the adjudication of employment rights disputes. The WRC Adjudication Service will deal with all disputes of right in the first instance and the Labour Court will deal with all such cases on appeal.
Private hearings are not contrary to the Charter of Fundamental Rights of the European Union. The vast majority of employees and employers do not want the details of their relationship, or the personal details which may arise in the course of a hearing, aired in public. There does not appear to be any great demand for public hearings from employers or employees. Currently, for example, all Labour Court hearings are held in private. However, parties may request public hearings under certain Acts.
As regards the right under the Charter of Fundamental Rights of the EU to have one’s rights determined in public, either party will be able to appeal a WRC decision to the Labour Court. This appeal hearing will be in public. That – and the fact that the WRC and Labour Court will be subject to the supervision of the High Court by way of Judicial Review – means that the requirements of the Charter are satisfied. This view is supported by the Attorney General.
Having given due consideration to the State’s obligations under Article 47 of the Charter of Fundamental Rights, and the relevant case law of the European Court of Human Rights, and bearing in mind in particular the unique nature of the employment relationship, the Bill provides expressly that employment rights and equality complaints should be heard in private at first instance. Appeals to the Labour Court will be heard in public, thus ensuring compliance with the requirements of Article 47 of the Charter of Fundamental Rights. Disputes of interest will continue to be heard in private (both at first instance and on appeal).
