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Wednesday, 17 Sep 2014

Written Answers Nos. 414-442

Trade Agreements

Questions (414, 415)

Peadar Tóibín

Question:

414. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation his plans to seek the necessary approval of Dáil Éireann for the free trade agreement between the European Union and Colombia. [34410/14]

View answer

Peadar Tóibín

Question:

415. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if there will be a Dáil Éireann debate on the proposed free trade agreement between the EU and Colombia. [34411/14]

View answer

Written answers

I propose to take Questions Nos. 414 and 415 together.

The Free Trade Agreement between the European Union and its Member States and the Republic of Colombia and the Republic of Peru, is an Agreement within the meaning of Article 29.5.2° of the Constitution. Ratification by Ireland is therefore subject to prior approval of Dáil Éireann. It is my intention to seek the necessary approval of Dáil Éireann before the end of 2014. The organisation of Dáil business is a matter for the whips.

According to the EU Council website - http://www.consilium.europa.eu/policies/agreements/ 17 member states have notified the completion of national ratification procedures. Once all member states have notified the completion of national ratification procedures, the Agreement will be formally concluded.

It is relevant to note that the Agreement provides under Article 330 for provisional application, and it has been provisionally applied since 1 March 2013 in the case of Peru and since 1 August 2013 in the case of Colombia.

Trade Agreements

Questions (416, 418)

Peadar Tóibín

Question:

416. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the status of the transatlantic trade and investment partnership negotiations; if he has sought the exclusion of public services from the free trade agreement investor-state dispute settlements, ISDS, mechanism; and if he will call for the full exclusion of ISDSs from the agreement. [34412/14]

View answer

Peadar Tóibín

Question:

418. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the State's right to regulate is protected in the transatlantic trade and investment partnership free trade agreement; and if so, if he will illustrate the way. [34414/14]

View answer

Written answers

I propose to take Questions Nos. 416 and 418 together.

The 6th round of the TTIP negotiations took place in Brussels from 14 – 18 July, and a summary of the state of play of the negotiations after that round is available at:

http://trade.ec.europa.eu/doclib/docs/2014/july/tradoc_152699.pdf.

The 7th round of the TTIP negotiations is scheduled to take place in the US from the 29 September to 3 October. This will be the last round before the current European Commission ends its term on 30 October, and the US midterm elections, scheduled for 4 November, take place. It is expected that the 8th round of the negotiations will be held in December, with dates yet to be confirmed.

Concerning Investor State Dispute Settlement (ISDS), the scope of the EU Commission’s negotiating mandate for TTIP includes ISDS. The EU Commission earlier this year decided to conduct a formal public consultation on ISDS in TTIP, and negotiations on ISDS under TTIP have been suspended since then. The formal consultation closed in July, and the EU Commission is now examining the submissions received, with a view to making recommendations in due course. The EU Commission’s preliminary report can be found at: http://trade.ec.europa.eu/doclib/docs/2014/july/tradoc_152693.pdf.

Trade agreements are intended to cover flows of both trade and investment. Investment protection provisions in EU agreements are important because they are aimed at helping to insure against unfair and discriminatory treatment faced by EU business abroad. So in addition to providing protection to investors, agreements also seek to address the modalities for addressing any disputes which might arise. These are principles that underpin the rule of law in the EU and are the benchmarks that we would like to see well established in countries where our businesses trade and invest. It is for this reason that bilateral investment protection agreements are very common, not only in the EU where over 1,400 are in place, but also around the world where over 2,800 are in place among both developed and developing countries alike.

I believe that, where investor state dispute settlement provisions are part of any final agreements, it is possible to have the appropriate safeguards for public policy making, and possible to strike the right balance between providing redress for business where there is unfair treatment, and rules and procedures that prevent abuse and claims that are frivolous or without merit.

A document published by the EU Commission on its website explains the safeguards in place in the ISDS provisions in the EU-Canada Agreement. This document can be found at http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151918.pdf.

For background information, the EU Commission has produced a very useful factsheet entitled “Investment Protection and Investor-to-State Dispute Settlement in EU agreements”, in which it explains why investment protection provisions are important, and sets out the approach to improve on international experience. The factsheet can be found on the EU Commission’s website at http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151916.pdf.

As regards the right to regulate, the EU Commission’s statement on protecting public services in TTIP and other EU trade can be found at http://trade.ec.europa.eu/doclib/press/index.cfm?id=1115 and underpins the continued right of member states to regulate in the public interest.

Trade Agreements

Questions (417)

Peadar Tóibín

Question:

417. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form the number of meetings he has held with civil society groups and the number of meetings with corporations, lobbyists and other business representative groups regarding the transatlantic trade and investment partnership free trade agreement. [34413/14]

View answer

Written answers

According to my Department’s records, since the start of Transatlantic Trade and Investment Partnership (TTIP) negotiations in July last year, I have met on two occasions representatives of the agri-food sector, and hosted a seminar in Dublin Castle on the 20th June 2014. All members of the Oireachtas Committees on EU Affairs, Foreign Affairs and Trade and Jobs, Enterprise and Innovation; all Irish MEPs and business, trade unions and farm representative groups were invited.

Question No. 418 answered with Question No. 416.

Trade Agreements

Questions (419)

Peadar Tóibín

Question:

419. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the reason he supports the inclusion of investor-state dispute settlements in free trade agreements signed up to by Ireland or the EU. [34415/14]

View answer

Written answers

The EU Commission is responsible for negotiating free trade agreements, including investment provisions, which comprehends investor state dispute settlement. While there are no such agreements yet concluded and signed, the EU-Canada Comprehensive Economic and Trade Agreement, the end of the negotiations on which is expected to be announced at next week’s EU-Canada Summit, will be the first EU trade agreement to include such provisions.

Trade agreements are intended to cover flows of both trade and investment. Investment protection provisions in EU agreements are important because they are aimed at helping to insure against unfair and discriminatory treatment faced by EU business abroad. So in addition to providing protection to investors, agreements also seek to address the modalities for addressing any disputes which might arise. These are principles that underpin the rule of law in the EU and are the benchmarks that we would like to see well established in countries where our businesses trade and invest. It is for this reason that bilateral investment protection agreements are very common, not only in the EU where over 1,400 are in place, but also around the world where over 2,800 are in place among both developed and developing countries alike.

I believe that, where investor state dispute settlement provisions are part of any final agreements, it is possible to have the appropriate safeguards for public policy making, and possible to strike the right balance between providing redress for business where there is unfair treatment, and rules and procedures that prevent abuse and claims that are frivolous or without merit.

A document published by the EU Commission on its website explains the safeguards in place in the ISDS provisions in the EU-Canada Agreement. This document can be found at http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151918.pdf.

The EU Commission has produced a very useful factsheet entitled “Investment Protection and Investor-to-State Dispute Settlement in EU agreements”, in which it explains why investment protection provisions are important and sets out the approach to improve on international experience. The factsheet can be found on the EU Commission’s website at http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151916.pdf.

Job Creation Data

Questions (420)

Peadar Tóibín

Question:

420. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide, in tabular form, the number of jobs created here directly as a result of each of the EU free trade agreements to which the State has signed up. [34416/14]

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Written answers

EU studies point to long term evidence from the EU which shows that a 1% increase in the openness of the economy leads to an increase of 0.6% in labour productivity. They also show that more trade is essential to job creation: About 30 million jobs in the EU depend on sales to the rest of the world, and on average, each additional €1 billion of exports supports 15,000 additional jobs across the EU. For Ireland, as an economy shaped and reshaped over the last 50 years by trade liberalisation, this is important evidence that export-led job creation in the longer term is the right policy choice.

It is estimated that 90% of world demand will be generated outside the EU over the next 10-15 years, so it makes absolute sense that the EU would be engaged in free trade agreement negotiations with other major trading blocs. It is important that we create better market access for Irish based firms in such rapidly growing economies.

The Action Plan for Jobs contains commitments, including as regards our programme of overseas trade missions, to taking specific measures that will help Irish businesses to get a foothold and compete in international markets, taking full advantage of free trade agreements, which in turn will create jobs.

Enterprise Ireland Funding

Questions (421)

Tom Fleming

Question:

421. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if the Enterprise Ireland grant to an organisation (details supplied) in County Kerry will be made available; and if he will make a statement on the matter. [34442/14]

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Written answers

Matters around decisions on whether to provide grant aid to the organisation concerned are a day to day operational matter for Enterprise Ireland. As such, I have no role in that regard.

In particular, information about grants to companies cannot be disclosed, for commercial reasons, until a grant has been paid.

Nevertheless, I understand from Enterprise Ireland that they are liaising with the organisation concerned.

Trade Agreements

Questions (422)

John Lyons

Question:

422. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation if he will provide the timeframe for ratification of the EU-Colombia free trade agreement; and if Dáil Éireann will be given an opportunity to debate the implications of such an agreement as per the recommendation of the Joint Committee on Jobs, Enterprise and Innovation. [34445/14]

View answer

Written answers

The Free Trade Agreement between the European Union and its Member States and the Republic of Colombia and the Republic of Peru, is an Agreement within the meaning of Article 29.5.2° of the Constitution. Ratification by Ireland is therefore subject to prior approval of Dáil Éireann. It is my intention to seek the necessary approval of Dáil Éireann before the end of 2014. The organisation of Dáil business is a matter for the whips.

According to the EU Council website - http://www.consilium.europa.eu/policies/agreements/ 17 member states have notified the completion of national ratification procedures. Once all member states have notified the completion of national ratification procedures, the Agreement will be formally concluded.

It is relevant to note that the Agreement provides under Article 330 for provisional application, and it has been provisionally applied since 1 March 2013 in the case of Peru and since 1 August 2013 in the case of Colombia.

Departmental Strategy Statements

Questions (423, 424, 425)

Micheál Martin

Question:

423. Deputy Micheál Martin asked the Minister for Jobs, Enterprise and Innovation the consultations that he has undertaken with other Departments and agencies concerning the terms of reference of a new science strategy statement; and if he will make a statement on the matter. [34460/14]

View answer

Micheál Martin

Question:

424. Deputy Micheál Martin asked the Minister for Jobs, Enterprise and Innovation the consultations he has undertaken with researchers and institutions concerning the drawing up of a new science strategy statement; and if he will make a statement on the matter. [34461/14]

View answer

Micheál Martin

Question:

425. Deputy Micheál Martin asked the Minister for Jobs, Enterprise and Innovation if the process of drawing up a new science strategy statement will not be unduly influenced by a small number of funding agencies at the expense of a fair and open process; and if he will make a statement on the matter. [34462/14]

View answer

Written answers

I propose to take Questions Nos. 423 to 425, inclusive, together.

I recognise that consultation is an important component of best practice in policy-making. Policy development is an ongoing process and my Department has a range of mechanisms and processes to ensure continuous feedback on the efficiency and effectiveness of our Science, Technology and Innovation (STI) system, all of which will help to inform the next Strategy for STI.

The National Research Prioritisation Exercise was an inclusive process involving all stakeholders. The inception and development of the concept involved a cross sectoral Steering Group comprising members from academia, the research community, the enterprise sector and research funding Government Departments and agencies. The implementation phase involved all research funders in the development of the action plans which were then validated by stakeholders across the system. In addition, the identification of the fine-grained research needs of enterprise was validated by similar stakeholders. Furthermore, a panel of independent experts will be appointed shortly to conduct an external assessment of implementation of research prioritisation.

There are also a range of initiatives and specific studies underway which will feed into the new Strategy, each involving extensive stakeholder consultation in their own right. These include a number of studies being undertaken by the Strategic Policy Division in my Department e.g. the study into Medium Term Development of the Irish Market Focussed Element of the Irish Research Centre Landscape Ecosystem; and the study into Optimising Policy Intervention to Strengthen the Impacts of Enterprise RD&I in Ireland. Similarly, the Copyright Review Group Report, the Entrepreneurship Forum Report, the IP Protocol as well as the mechanisms which Knowledge Transfer Ireland (KTI) has established to elicit views of stakeholders through the Industry Advisory Board and Stakeholder Forum all involve considerable stakeholder engagement.

In reality a key component element of a new national STI Strategy will have to be the drawdown targeted under the EU Research Funding Programme, HORIZON 2020, which, at €1.25 billion, is ambitious but crucial to our economic and societal development. In this regard, a broad based group of stakeholders meets every 4 to 6 weeks, under the chairmanship of my Department, to oversee the implementation and further development of the national strategy for HORIZON 2020. The group includes the Higher Education Sector (including the Irish Universities Association and the Institutes of Technology Ireland) as well as representatives of all Government Departments and research funders/agencies.

The views of the higher education system are a critical element in the development of our new Strategy and my colleague, the Minister for Skills, Research and Innovation, Damien English, T.D., intends to meet with the Presidents of the Higher Education Institutes along with their VPs/Deans of Research to hear their perspectives on their interaction with the innovation eco-system. The feedback from these meetings will be considered in the context of the development of the new Strategy. I am also informed that AMCHAM are developing their policy document for research and innovation which I look forward to receiving. I also intend to seek the inputs from other industry groups.

While much of the underpinning work is underway, drafting of the Strategy is still at an early stage. Once it has progressed sufficiently, I will consider the need to consult further with specific stakeholders on specific elements.

Export Controls

Questions (426)

Éamon Ó Cuív

Question:

426. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the total amount of export licences that were issued in the past three years for the export of military goods; the countries of export to which these licences related and the amount involved in each case; if there is any policy to refuse such licences to export to countries involved in current conflicts; and if he will make a statement on the matter. [34512/14]

View answer

Written answers

My 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 Annex 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.

I have provided below details of the licences that were issued in the past three years for the export of Military List items.

It is important to note that the figures provided below represent the maximum value which can be exported under the below export licences and not the value of the goods and technology actually exported under those licences.

My Department consults with the Department of Foreign Affairs and Trade in respect of all military export licence applications. All applications for export licences are very carefully assessed having regard to the end use and the end user and against well-established criteria. Applications 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.

Military Licences by Destination 2013

Country

Licence Number of Licences

Licence Value €

Australia

12

567,325

Canada

8

1,535,609

Denmark

2

581,975

Finland

1

145,600

France

2

626,560

Germany

12

9,696,985

Ireland*

2

9,300,000

Israel

5

119,971

Italy

1

730,630

Kuwait

1

115,949

Luxembourg

1

100,000

New Caledonia

1

720

New Zealand

4

118,277

Norway

1

25,590

Pakistan

1

0

Russia

1

6,360

Saudi Arabia

9

3,277,921

South Africa

1

400

South Korea/Republic of Korea

3

36,616

Sweden

2

122,800

United Arab Emirates

2

128,004

United Kingdom (incl Northern Ireland)

8

202,774

United States

28

34,385,102

Total

108

61,825,168

*Exports in respect of which Ireland is the destination relate to temporary exports, where items are sent to another destination for a trade exhibition or to be repaired, and then returned to Ireland. While all requisite export control checks are made, the final destination for the export is recorded as Ireland.

Military Licences by Destination 2012

End-User Destination

Number of Licences

Licence Value €

Australia

9

2,608,196

Canada

1

2,293,104

Croatia

2

65,000

Denmark

1

311,650

Egypt

1

14,000

Finland

2

789,100

France

2

1,229,286

Germany

12

10,359,181

India

1

29,347

Ireland*

1

262,175

Israel

1

39,525

Italy

1

1,805,000

Kenya

1

2,899

Kosovo

1

100,058

Kuwait

3

2,510,592

Luxembourg

1

100,000

Namibia

1

2,000

Netherlands

2

1,500,000

New Caledonia

1

1,550

New Zealand

2

2,410,637

Pakistan

1

500

Republic of Korea

3

121,463

Saudi Arabia

9

10,533,852

Singapore

1

33,511

South Africa

1

400

Sweden

3

1,264,032

United Kingdom (incl Northern Ireland)

19

865,077

United States

46

7,865,411

Total

129

47,117,546

*Exports in respect of which Ireland is the destination relate to temporary exports, where items are sent to another destination for a trade exhibition or to be repaired, and then returned to Ireland. While all requisite export control checks are made, the final destination for the export is recorded as Ireland.

Military Licences by Destination 2011

End-User Destination

Number of Licences

Licence Value €

Australia

10

423,147

Canada

1

3,521

Finland

1

750,000

Germany

8

7,426,304

Israel

3

6,137,875

Kuwait

1

98,534

Netherlands

3

2,002,500

New Zealand

2

520

United Kingdom (incl Northern Ireland)

9

271,657

Oman

2

16,573

Pakistan

1

0

Paraguay

2

560

Russia

1

2,722

Saudi Arabia

3

6,918,673

Singapore

1

22,788

South Korea/Republic of Korea

2

131,650

Sweden

1

7,341

United Arab Emirates

1

285,500

United States

20

2,592,696

Total

72

27,092,561

Arms Trade

Questions (427, 428)

Éamon Ó Cuív

Question:

427. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation his role in the development of policy for the armaments industry in the EU; if he has supported the development of such a policy or opposed it; if he voted against any proposals at the EU ministers' Council he attends to strengthen this industry; if he has proposed an EU ban on armaments sales to countries that do not adhere to the highest EU standards on human rights or are subject to sanctions from the UN; the work he has done to encourage his EU colleagues to develop alternative industries that would be of more benefit to people throughout the world; and if he will make a statement on the matter. [34513/14]

View answer

Éamon Ó Cuív

Question:

428. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the current EU policy in relation to the armaments industry; if he supports this policy; and if he will make a statement on the matter. [34514/14]

View answer

Written answers

I propose to take Questions Nos. 427 and 428 together.

The European Commission is seeking to reverse the declining role of industry in Europe as a mechanism for growth and economic recovery. Increased industrial competitiveness can be a strong driver of growth and employment and is one of the stated objectives of European integration under the Lisbon Treaty.

The 2010 European Commission Communication "An integrated industrial policy for the globalisation era", a flagship initiative of the Europe 2020 strategy, sets out a strategy that aims to boost growth and jobs by maintaining and supporting a strong, diversified and competitive industrial base in Europe offering well-paid jobs while becoming more resource efficient.

The Commission’s initiative to strengthen the EU defence and security sector is one of several being explored under this drive to increase industrial competitiveness. The Commission has produced a report on this initiative which is due for consideration at the European Council in June 2015. The report has been presented to the Competitiveness Council which I attend. I continue to monitor any developments with the initiative.

The initiative seeks to strengthen the internal market for defence, to promote a more competitive defence industry and to foster synergies between civil and military research. It also seeks to explore options in other areas such as energy, space and dual-use capabilities.

Discussions to date have focussed on opportunities for enhancing research and development and industrial competitiveness. Research in this area provides indirect impacts in other sectors such as electronics, key enabling technologies, space and civil aviation.

Ireland purchases defence equipment and is an exporter of dual-use goods. Through Science Foundation Ireland my Department seeks to build and strengthen scientific and engineering research initiatives. This initiative to strengthen the internal market for defence and to foster synergies between civil and military research has potential to improve Ireland's competitiveness.

Ireland does not have a specialised Defence industry and there are no plans to develop one. However, jobs are sustained through the synergies that can be achieved from civil and military actors working together to support and create jobs and growth in our economy. Defence is a large industry sector within the EU employing directly or indirectly up to 1.4 million people across the Union with a turnover of €92 billion in 2012. As a key industry sector, the Commission has a role in applying internal market rules to the defence industry.

Troops on operations, including our own Defence Forces engaged on UN mandated operations, require effective force protection and defensive equipment. If the European Union is to be an effective security actor, it needs a defence industry which can deliver the necessary capabilities/equipment required for Common Security and Defence Policy missions, which is innovative, competitive and sustainable.

As a procurer of defence equipment for our Defence Forces, initiatives which deliver greater efficiency and reduce the cost of defensive equipment are of interest to Ireland.

The Deputy will be aware of the careful analysis undertaken by my Department of export licence applications. My Department considers all applications in the light of the spirit and objectives of the EU Code of Conduct on Arms Exports and requests the observations of the Department of Foreign and Affairs and Trade on all military licence applications.

Alongside this scrutiny of export licence applications, Ireland is at the forefront in promoting responsible exports of armaments and controlled materials not only by other Member States but internationally. We were one of the first countries to sign the Arms Trade Treaty (ATT). This followed a decade of efforts to bring regulation to the global trade in conventional arms. Ireland, through the Department of Foreign Affairs and Trade, argued for a strong and robust ATT from the very beginning, working with other countries and with civil society to achieve that goal.

The treaty is the first legally binding instrument to regulate the international trade in conventional weapons. States which sign up to the Treaty are prohibited from exporting arms to countries if they know those weapons will be used to commit gross violations of human rights. It prohibits a State from authorising arms exports where it has knowledge that the weapons will be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949 or other war crimes. It will also oblige States to minimise the risk that weapons would be diverted into the wrong hands or to the illicit market, and to adhere to robust, comprehensive and legally-binding standards.

This work, combined with input to sanctions related discussions in the area of arms embargoes that take place in the appropriate UN and EU fora, demonstrates Ireland’s commitment to ensure the safe sale and export of armaments.

Trade Agreements

Questions (429)

Peadar Tóibín

Question:

429. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that the negotiations between Canada and the EU on a comprehensive economic and trade agreement, CETA, are almost complete; if he has raised any concerns about including investor state dispute settlements, ISDS, provisions in the agreement; if his attention has been drawn to the EU’s sustainability impact assessment on CETA, which recommended against including an investor state dispute mechanism; and if he will raise concerns and objections about the inclusion of any ISDS provisions in the CETA at EU level. [34629/14]

View answer

Written answers

Political agreement on the key elements of a Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada was announced in October last year, and it is expected that the conclusion of negotiations will be announced at the EU-Canada Summit on 26 September, 2014.

The Agreement will cover virtually every aspect of economic activity, and is an extremely important one for Ireland. It is the first comprehensive trade agreement with an historically close trade and economic partner of the EU and is a landmark deal between our two transatlantic economies. It is estimated that the opportunities presented by this agreement could add well over €200 million to Ireland’s current €2.7 billion bilateral trade with Canada, thus creating more jobs and contributing to our economic recovery.

The Agreement is intended to cover flows of both trade and investment. So in addition to providing protection to investors, the Agreement also seeks to address the modalities for addressing any disputes which might arise. Such Investor-State Dispute Settlement (ISDS) provisions will be part of any final Agreement. The EU’s Sustainability Impact Assessment made a number of policy recommendations on the matters of investment, investment protection, and ISDS. The EU Council agreed that ISDS would be included in the negotiations on the Agreement. A document published by the EU Commission on its website explains the safeguards in place in the ISDS provisions. This document can be found at:

http://trade.ec.europa.eu/doclib/docs/2013/november/tradoc_151918.pdf

Unified Patent Court

Questions (430)

Seán Kyne

Question:

430. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation the progress made regarding the siting of a local division of the Unified Patent Court; when it is envisaged that a decision will be taken. [34706/14]

View answer

Written answers

As the international Agreement on a Unified Patent Court (UPC) entails the transfer of jurisdiction in respect of certain European patent litigation from the Irish courts to the Unified Patent Court, the issue of Ireland’s participation in the Court is, as the Deputy will be aware, subject in the first instance to the carrying of a Referendum.

The nature of Ireland’s proposed participation in the Court, assuming the Referendum is passed, was initially considered by Government in July 2014 and is expected to be considered further by Government later this month in the wider context of other Referendums that are planned for 2015. Thereafter, an announcement of the Government’s decision on Ireland’s participation in the Court can be expected.

Ministerial Appointments

Questions (431)

Thomas P. Broughan

Question:

431. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the total number of new appointments made in his Department and those under his remit since March 2011 to date in 2014, with a breakdown of the grade to which they were appointed during the period. [35124/14]

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Written answers

Information relating to the appointments made by me and the Ministers of State at my Department since March 2011 is set out in the following tables. In all cases these appointments were replacements for departing postholders and were not additional posts.

Current Ministers’ Offices:

Appointments made by Minister Richard Bruton (Minister for Jobs, Enterprise and Innovation)

Grade

Number

Appointed

Personal Assistant

1

March 2011 – to date

Personal Secretary

1

March 2011 – to date

Special Adviser

2

March 2011 – to date

Civilian Driver

2

May 2011 – to date

Appointments made to Minister Ged Nash’s Office (Minister for Business and Employment)

Title

Number

Appointed

Personal Assistant

1

July 2014 – to date

Personal Secretary

1

July 2014 – to date

Civilian Driver

2

July 2014 – to date

Former Ministers’ Offices:

Appointments made to Minister Sean Sherlock’s Office (former Minister for Research & Innovation at DJEI)

Title

Number

Appointed

Personal Assistant

1

March 2011 – July 2014

Personal Secretary

1

March 2011 – July 2014

Civilian Driver

2

April 2011 – July 2014

Appointments made to Minister John Perry’s Office (former Minister for Small Business at DJEI)

Title

Number

Appointed

Personal Assistant

1

March 2011 – July 2014

Personal Secretary

1

March 2011 – July 2014

Civilian Driver

2

April 2011 – July 2014

Office of the Director of Corporate Enforcement

Grade

Number

Appointed

Director

1

August 2012

Labour Court

Grade

Number

Appointed

Member

3

1 in Jan 2011

1 in August 2011

1 in March 2014

Departmental Staff Career Breaks

Questions (432)

Finian McGrath

Question:

432. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the number of civil servants, public servants and semi-State employees in his Department on career break at the time of the Haddington Road agreement who lost their right to return to their old positions; of these, the number who have since been offered redeployment opportunities; the number who availed of suitable redeployment opportunities; the number who terminated their employment; the number who have been accommodated with supernumerary positions after being on redeployment lists of over one year; and if he will make a statement on the matter. [35148/14]

View answer

Written answers

The number of staff of my Department on career break at the time the Haddington Road Agreement came into force was 29. While on Career Break, staff continue to be made aware of redeployment opportunities at the relevant grade. Of the aforementioned 29, 16 are still on career break. In the context of the staffing limits set under the Employment Control Framework (ECF), only three staff members returned to the Department once one year had elapsed after they initially signalled their desire to return to work. A further three staff members redeployed to other Public/Civil Service organisations. Five staff chose to resign and two chose to retire.

With regard to the Agencies under the aegis of my Department, I have asked them to advise me of the response to the Deputy’s question, and I will communicate that information to the Deputy as soon as it is available.

Competition Law

Questions (433)

Mary Mitchell O'Connor

Question:

433. Deputy Mary Mitchell O'Connor asked the Minister for Jobs, Enterprise and Innovation if listing fees are allowed under the Irish Competition Act; and if he will make a statement on the matter. [32957/14]

View answer

Written answers

The Competition (Amendment) Act 2006 prohibits certain practices by grocery goods undertakings (defined as an undertaking that is engaged for gain in the production, supply or distribution of grocery goods).

Under the Programme for Government, the Government committed to enact legislation to regulate certain practices in the grocery goods sector. The recently enacted Competition and Consumer Protection Act 2014 (which will come into force on 31 October 2014) delivers on this commitment. The Act gives me the necessary powers (as Minister for Jobs, Enterprise and Innovation) to bring forward regulations to regulate such practices. I hope to bring these regulations into force as soon as practicable after 31 October 2014, after the requisite consultation that I promised during the passage of the legislation through the Oireachtas has taken place. The new Competition and Consumer Protection Commission will have responsibility for enforcing the regulations.

Trade Relations

Questions (434, 482, 486, 511, 515)

Dara Calleary

Question:

434. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the total value of Ireland’s agricultural imports and exports with Russia in each year from 2008 to 2013; and if he will make a statement on the matter. [33307/14]

View answer

Éamon Ó Cuív

Question:

482. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the effect that the prohibition on the export of certain agricultural products to Russia will have on farmers and processors here; the discussions he has had with the Russian ambassador on this matter; and if he will make a statement on the matter. [34500/14]

View answer

Éamon Ó Cuív

Question:

486. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if compensation will be payable to farmers and processors by his Department or the EU for losses incurred due to the ban imposed by Russia on certain agricultural products as a retaliation against sanctions imposed by the EU against Russia; and if he will make a statement on the matter. [34521/14]

View answer

Brendan Smith

Question:

511. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the market support measures he will introduce to support pig farmers whose incomes are being impacted severely by the Russian ban on pig meat; and if he will make a statement on the matter. [34685/14]

View answer

Brendan Smith

Question:

515. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the discussions that have been held at official and political level since the end of June with the Russian authorities in respect of restrictions imposed on the export of offal products from Ireland; and if he will make a statement on the matter. [34689/14]

View answer

Written answers

I propose to take Questions Nos. 434, 482, 486, 511 and 515 together.

The value in € million of Ireland’s trade in agricultural products with Russia since 2008 is set out in the table below.

Year

2008

2009

2010

2011

2012

2013

Exports

70

42

120

154

176

235

Imports

8.7

4.1

4.3

1.7

7.0

12.6

The main products exported to Russia in 2013 were tea extracts, pigmeat, dairy products, seafood, beverages, beef offal and pedigree animals (mainly pigs). Imports from Russia were largely made up of cereals and animal feed.

Not all agricultural products were affected by the Presidential ban. Tea extract, infant formula, casein and beverages are not subject to the trade restrictions. Moreover, Russia had already imposed a blanket ban on exports of pig-meat from the EU earlier in the year arising from an African Swine fever outbreak in Eastern Europe. There were also existing temporary restrictions in place on certain Irish plants producing dairy products, beef, beef offal and seafood arising from a Russian audit visit earlier this year so that the effect of the Presidential ban was incremental. My Department and the Irish Embassy in Moscow have been heavily engaged with the Russian authorities on this matter and are submitting the required corrective actions to have these temporary restrictions lifted as soon as possible.

Having said that, the closure of the Russian market is clearly a matter of concern for Irish producers. Last year Irish agri-food exports to this market accounted for 2.5% of our total agri-food exports. We had identified Russia as a major strategic market for Irish dairy produce in particular. Indeed we had seen significant increases of all food and drink exports to Russia over the past four years and we had hoped to build on this trade in the coming years. Coming on top of the series of restrictive measures taken by the Russian authorities earlier in 2014 which affected our exports of pigmeat, in particular, to Russia, the Presidential ban was a significant setback to our strategic plans.

Apart from the direct effect of the loss of the Russian market, the big issue for Ireland is the displacement effect on European exports and the need to find alternative markets. There is no doubt that the loss of a market as large as Russia will have knock-on effects for all EU producers. While the impact on some sectors is immediate, I am alert to the potential impact of a longer-term ban across all sectors including beef and pigmeat.

The response to the Russian restrictions is being taken at a number of different levels.

Immediately upon announcement of the Presidential ban, I asked Bord Bia to establish an advice line to make the most up to date information available to Irish companies exporting to Russia. This dedicated support unit is assisting companies with regard to the trading situation and in progressing opportunities elsewhere. I and my Department are making strenuous efforts to create other market opportunities for Irish agri-food exports and last month we were successful in securing the opening of the Philippines to exports of Irish beef, pigmeat and sheepmeat and the Vietnamese market for Irish pigmeat. These are key markets in South East Asia which have been identified by Irish exporters as being of major strategic importance. This is, of necessity, a long-term strategy. Later this year I will be undertaking a trade mission to China. China is a crucially important growth market for Irish food and drinks with vast import potential across a number of agricultural sectors.

In the meanwhile, my officials, including the agricultural attaché I appointed to Moscow last year continue to liaise at official level with the Russian authorities to resolve any technical issues still outstanding so that exports can flow freely once the current political situation is resolved and relations normalised.

As the Presidential ban applies to the EU as a whole, an EU-wide response is warranted. At the beginning of the month I attended an extraordinary meeting of EU agriculture ministers to discuss the matter. In that regard, I would acknowledge the prompt efforts made by the EU Commission to date to address the immediate problems caused by the market closure, both in the fruit and vegetables and dairy sectors. For Ireland, the expanded timeframe for application of aids to private storage for butter and skimmed milk powder and the extension of this facility to cheese will certainly help to stabilise the situation. My Department is currently working closely with the Irish dairy industry to ensure that it is well placed to avail of the supports. I also welcome the additional allocation of €60 million of EU funding for CAP promotion programmes I hope that these programmes will be targeted at finding replacement markets.

I have asked the Commission to continue to monitor the situation closely and to take prompt action, where appropriate. I also made clear at Council that there a number of tools available to us at EU level under the new Common Market regulation which we must be ready to deploy where required and where appropriate. I have also called on the Commission to increase the advance payment, payable to farmers from 16th October next under the Direct Payments Scheme from the current 50%.

Departmental Properties

Questions (435)

Tom Fleming

Question:

435. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the position regarding the maintenance of a car park (details supplied) in County Kerry; and if he will make a statement on the matter. [33828/14]

View answer

Written answers

The extent of my Department’s legal authority in respect of the property in question is not clear from the records currently available. My Department is investigating all aspects of this matter including, but not limited to, current usage of all parts of the property. This investigation involves consultation with other Government Departments and the Local Authority.

My Department is making every effort to bring this matter to a conclusion as soon as possible.

Departmental Agencies Funding

Questions (436)

Martin Ferris

Question:

436. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the amount the Teagasc budget has been cut in the past four budgets. [32968/14]

View answer

Written answers

Teagasc is funded from annual exchequer grant in aid allocations and own generated income. Grant in aid is utilised for pay and pension costs, non-pay current expenditure, provision of training and education programmes and capital investment in buildings and equipment. The following table profiles grant aid allocations over the past 4 budgets.

Year

€m

2011

132.156

2012

128.460

2013

121.838

2014

119.210

The savings in grant in aid expenditure largely reflect lower payroll costs due to reductions in staff numbers.

Own income of approximately €40m per annum is earned from fees for research, advisory and training services; income from national and EU competitive research programmes; and revenue from farming activities and commodity levies.

Single Payment Scheme Payments

Questions (437)

John Deasy

Question:

437. Deputy John Deasy asked the Minister for Agriculture, Food and the Marine the number of recipients of the single farm payment in County Waterford and nationally; and the average payment that is received in County Waterford and nationally; and if he will make a statement on the matter. [33002/14]

View answer

Written answers

The data requested by the deputy are set out in the following table for 2013.

-

No of Cases Paid

Average Payment

Waterford

2,377

€16,090.57

Nationally

123,165

€9,712.83

Agri-Environment Options Scheme Payments

Questions (438)

Michael Moynihan

Question:

438. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their agri-environment option scheme payment; and if he will make a statement on the matter. [33034/14]

View answer

Written answers

The person named was approved for participation in the Agri-Environment Options Scheme (AEOS 3) with effect from 1st May 2013. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have been successfully completed in respect of the 2013 Scheme year and full payment has issued to the person named - 75% payment issued on the 7th August 2014 and the balancing 25% payment issued on the 8th September 2014.

Agricultural Colleges Courses

Questions (439, 454)

Michelle Mulherin

Question:

439. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine his plans to cater for the anticipated increase in demand for places for young farmers in agricultural training colleges identified by Teagasc in order for young farmers to acquire the necessary qualifications to be eligible for various measures in the Common Agricultural Policy from 2015 onwards; and if he will make a statement on the matter. [33082/14]

View answer

Michael McCarthy

Question:

454. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the demand for an online distance learning course (details supplied) which is designed for graduates who already hold a non-agricultural major award at FETAC level 6 or higher; the action he will take to meet this demand; and if he will make a statement on the matter. [33808/14]

View answer

Written answers

I propose to take Questions Nos. 439 and 454 together.

Under the Agricultural (Research, Training and Advice) Act, 1988, Teagasc has statutory responsibility for the delivery of education and training programmes to the agriculture sector.

The configuration of the new Single Farm Payment Scheme to prioritise support for young farmers has resulted in a temporary additional demand for Teagasc FETAC Level 6 Courses from applicants for the National Reserve and Young Farmer Scheme this autumn.

Given the exceptional nature of the demand, my Department in consultation with the Department of Public Expenditure and Reform has agreed that Teagasc can recruit 20 temporary teaching staff over 24 months to enable young farmers attain the necessary qualifications and thus qualify for payment under the National Reserve and Young Farmers Scheme.

It is expected that recruitment costs would be fully self financed from student education fees. Teagasc will also explore other available options to meet demand including the use of education sub-contractors to deliver specific course modules.

In addition to the above posts, my Department has approved a number of other mission critical appointments in the Teagasc education function over the past few years to enable Teagasc maximise student participation in agricultural education.

Animal Welfare

Questions (440)

Clare Daly

Question:

440. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine his views on whether Wicklow County Council overstepped its remit under the Control of Horses Act on 4 December 2013 by seizing 63 horses from private lands, in the National Asset Management Agency, at a cost of approximately €60,000 to the taxpayer, where the owner of the horses had used that land for 25 years by agreement with the previous landowner and the animals were not causing any nuisance or danger. [33105/14]

View answer

Written answers

Under the Control of Horses Act 1996 the Oireachtas has given Local Authorities extensive powers, including powers for the enactment of bye-laws for the control and welfare of horses in the local authorities’ functional area and, by extension, protection of persons and property. My Department provides financial support to local authorities to assist their work in implementing the Act. In the case in question, Wicklow County Council acted within its powers under the Control of Horses Act. Matters relating to land ownership should be taken up directly with Wicklow County Council.

TB Eradication Scheme

Questions (441)

Finian McGrath

Question:

441. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine not to spend €2 million killing badgers and research properly the cause of the spread of bovine TB; and if he will make a statement on the matter. [33150/14]

View answer

Written answers

Ireland’s TB Eradication Programme has for many years incorporated the results of broad-based scientific research on all aspects of the disease including, but not limited to, the role of badgers. In particular, my Department has and continues to sponsor relevant research by the Centre for Veterinary Epidemiology and Risk Analysis (CVERA) based within the University College Dublin School of Veterinary Medicine. In addition, my Department, together with CVERA, has developed long standing collaborative links with research institutions in Australia, New Zealand and North America and conducts and publishes research on many aspects of tuberculosis surveillance, tuberculin testing and the effectiveness of various policies. CVERA’s scientific publications are available on their website: http://www.ucd.ie/cvera/biennialreports/. The wildlife policy itself has been developed in response to such research conducted over the years which has demonstrated that the eradication of the disease is not a practicable proposition until the reservoir of infection in badgers is addressed. Capturing of badgers takes place in areas where serious outbreaks of TB have been identified in cattle herds and where Department veterinarians have found following an epidemiological examination that badgers are the likely source of infections.

In tandem with this, my Department continues to sponsor research and trials into developing a vaccination programme to control TB in badgers, thus improving the overall health status of that species, and break infection link to cattle. The research to date has demonstrated that oral vaccination of badgers in a captive environment with BCG vaccine generates high levels of protective immunity against bovine TB. Current research continues with a view to confirming that such a protective effect holds true in the wild population.

The ultimate objective is to incorporate badger vaccination into the TB eradication programme when data is available to ensure that it can be incorporated in an optimally effective and sustainable manner. A number of field trials are ongoing with this objective in mind, but it is anticipated that it will be a number of years before a viable oral delivery method can be put in place and, therefore, targeted badger removals will continue in the medium term.

Departmental Staff Data

Questions (442)

Seán Fleming

Question:

442. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine 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. [33197/14]

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Written answers

The number of staff who retired, left or otherwise departed from their employment between 1 July 2013 and 31 December 2013 was 34 (31.20 full time equivalents ), with an expected annual saving of €1,549,035. The number of staff who retired, left or otherwise departed from their employment between 1 January 2014 and 31 August 2014 was 72 (69.79 full time equivalent ), with a expected annual saving of €3,856,257. The number of staff expected to retire between 1 September 2014 and 31 December 2014 will be 19 with an expected annual saving of €1,262,108. In 2015, 46 members of staff will retire due to age regulations, and in 2016, 58 members of staff will retire due to age regulations. It is currently not known how many other staff members may leave the Department during this two year period. It is not possible therefore to give an estimate on numbers and cost for 2015 and 2016.

While a saving is attributable to each year’s retirements, some, if not all these vacancies, will need to be filled.

' Does not include staff transferred or redeployed to other Departments.

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