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Departmental Agencies

Dáil Éireann Debate, Tuesday - 30 September 2014

Tuesday, 30 September 2014

Questions (231)

Seán Kyne

Question:

231. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form all of the State agencies, bodies, organisations and working groups under his Department's remit; the core duties and functions of same; the number of staff at same; the budget of each for 2013 and proposed budget for 2014; the date of establishment of the agencies or organisations; and the legislation, primary or otherwise, from which they derive their powers. [37208/14]

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Written answers

My Department currently has the following non-commercial State sponsored bodies supporting us in our work.

Name

Date established and legislation from which power derived

Core duties and functions

Staff

Nos.

Enterprise Ireland (EI)

23rd July 1998

Industrial Development (Enterprise Ireland) Act, 1998

This Agency is the government organisation responsible for the development and growth of Irish enterprises in world markets. It works in partnership with Irish enterprises to help them start, grow, innovate and win export sales on global markets. The goals of the Agency are to support sustainable economic growth, regional development and secure employment.

725 WTE (including 92.5 locally appointed overseas staff)

IDA Ireland

1st January 1994,

Industrial Development Act 1993

The functions of IDA Ireland, as set out in Section 8 of the Industrial Development Act, 1993, as amended by the Industrial Development (Forfás Dissolution) Act 2014, are as follows:-

(a) to promote the establishment and development, in the State, of industrial undertakings from outside the State,

(b) to make investments in and provide supports to industrial undertakings which comply with the requirements of the enactments for the time being in force,

(c) to administer such schemes, grants and other financial facilities requiring the disbursement of European Community Funds as may from time to time be authorised by the Minister with the concurrence of the Minister for Public Expenditure and Reform, and

(d) to carry out such other functions as may from time to time be assigned to it by the Minister.

259.85

Science Foundation Ireland (SFI)

25th July 2003

Industrial Development (Science Foundation Ireland) Act 2003 and Industrial Development (Amendment) Act 2013

Developing and assisting the carrying out of oriented basic research and applied research in strategic areas as defined by the Act and regulations. Promote study of, education in, and awareness of, science, technology, engineering and mathematics (STEM).

47 serving at end 2013

The National Standards Authority of Ireland (NSAI)

The National Standards Authority of Ireland Act, 1996. In effect 1 January 1997 and

Metrology Act, 1996. In effect 12 May 1997

Standards: National member of European and International standardisation organisations; standards elaboration, promotion and dissemination. Certification of products, management systems, processes and services. Metrology – Industrial, i.e. measurement traceability and calibration and Legal, i.e. enforcement of legal controls for measurements in trade use.

140.5 WTE

National Consumer Agency (NCA)

1st May 2007

Consumer Protection Act 2007

Enforcement of Consumer Law and inspection

42.9

The Competition Authority

1st October 1991

Competition Acts 2002-2012

To enforce competition law and promote competition

49

Irish Auditing and Accounting Supervisory Authority

(IAASA)

IAASA was established under the Companies (Auditing and Accounting) Act, 2003 and conferred with the majority of its functions in February 2006 when the Act was commenced

Its role is to support and enhance public confidence in the accountancy profession and financial reporting through the exercise of effective, independent oversight and the promotion of adherence to high standards. IAASA has four primary functions:

(i) supervision of how the Prescribed Accountancy Bodies ('PABs') regulate and monitor their members

(ii) monitoring of the periodic financial reporting of certain entities whose securities have been admitted to trading on a regulated market in the EU

(iii) promotion of adherence to high professional standards in the auditing and accountancy profession

(iv) acting as a specialist source of advice to the Minister for Jobs, Enterprise and Innovation on auditing and accounting matters

13

Personal Injuries Assessment Board

13th April 2004

Personal Injuries Assessment Board Act 2003

The principal functions of the Board are:

(a) to arrange for the making of assessments of relevant claims,

(b) to prepare and publish a document (which shall be known as the ‘‘Book of Quantum’’) containing general guidelines as to the amounts that may be awarded or assessed in respect of specified types of injury,

(c) to cause a cost-benefit analysis to be made of the legal procedures and the associated processes (including those provided for by this Act) that are currently employed in the State for the purpose of awarding compensation for personal injuries,

(d) to collect and analyse data in relation to amounts awarded on foot of, or agreed in settlement of, civil actions to which this Act applies, and

(e) to perform any additional functions conferred on the Board under the Act.

67

The Health and Safety Authority (HSA)

The National Authority for Occupational Safety and Health (NAOSH) was established on 1st November 1989 by the Safety, Health and Welfare at Work Act 1989 and renamed the Health and Safety Authority (HSA) on 1 September 2005 by the 2005 Act of the same name

The HSA, which is statutorily independent of the Department, is responsible for the administration and enforcement of occupational health and safety legislation in Ireland as well as the implementation, within the State, of a number of EU frameworks governing chemicals. It is the national Competent Authority for REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) and a range of other chemicals legislation.

On 31 July 2014, the Irish National Accreditation Board (INAB), the sole national accreditation body for Ireland was integrated into the HSA in advance of the dissolution of Forfás, its previous parent body.

INAB is also the national monitoring authority for Good Laboratory Practice to the OECD principles and is the Competent Body for the registration of EMAS sites.

170.1 WTEs

In addition to the State Bodies/Boards listed above, the Offices of my Department which carry out specific legislative functions are.

Name

Date established and legislation from which power derived

Core duties and functions

Staff

Nos.

The National Employment Rights Authority (NERA)

NERA was established on an interim basis in February 2007, pending the enactment of enabling legislation.

NERA staff derive their powers under the following legislation

Industrial Relations Acts, 1946 to 2004,

Protection of Young Persons (Employment) Act, 1996,

Organisation of Working Time Act, 1997,

Parental Leave Act, 1998

National Minimum Wage Act, 2000

Carers Leave Act, 2001

Redundancy Payments Acts, 1967 to 2003

Employment Agency Act, 1971

Protection of Employment Act, 1977

Protection of Employees (Employers' Insolvency) Acts, 1984 to 1991

Payment of Wages Act, 1991

Employment Permits Act 2003,

Employment Permits Act 2006

NERA’s mission is to drive the achievement of a national culture of employment law compliance in order to protect sustainable enterprises and statutory employment rights.

NERA promotes and safeguards the employment rights of workers through the provision of information, the enforcement of employment legislation in the workplace and, where necessary, the prosecution of offences where there is evidence of non-compliance which has not been rectified. The core activities include: Dissemination of information on employment rights to employers, employees and other interested parties:

Workplace inspection of employer records and other checks to ensure compliance with employment legislation;

Development and implementation of enforcement and prosecution policy;

Implementation of corporate governance in accordance with the Department and the Department of Finance’s procedures.

100.43 WTEs

The Patents Office

Established 1927

The Industrial and Commercial Property (Protection) Act, 1927.

Statutory functions are set out in:

The Patents Act 1992 (as amended).

The Trade Marks Act 1996 (as amended)

The Industrial Designs Act 2001

The Copyright and Related Rights Act 2000 together with various Rules and Regulations made under these Acts

Registration and maintenance of intellectual property rights in Ireland (i.e. patents, trade marks and designs).

Regulation of trade mark and patent agents professions.

Regulation of copyright licensing bodies and dealing with references and applications and dispute resolution regarding copyright licensing schemes.

Making available information on Intellectual Property Rights

42.1

Office of the Director of Corporate Enforcement (ODCE)

The Company Law Enforcement Act 2001 established the Office of the Director of Corporate Enforcement (ODCE) in November 2001.

Enforcing and encouraging compliance with company law;

Investigating suspected offences under the Companies Acts;

Prosecuting detected breaches of the Companies Acts;

Referring cases to the Director of Public Prosecutions for prosecution on indictment;

and

Exercising a supervisory role over the activities of liquidators and receivers.

At the end of 2013 staffing was 42.9 whole-time equivalents, of which 6.6 are members of An Garda Síochána seconded to the Office.

Companies Registration Office (CRO)

The Companies Registration Office (CRO) was established under Section 368(1) of the Companies Act, 1963.

The CRO is the central repository of public statutory information on Irish companies and houses the Register of Companies, Business Names and Restricted/

Disqualified Persons.

The main functions of the CRO are:-

Incorporation and dissolution of companies

Registration of business names and limited partnerships

Registration of post incorporation documents

Enforcement of the Companies Acts in relation to the filing obligations of companies

Provision of public access to company information

104 full time equivalents at end-2013

Office of the Registrar of Friendly Societies

Friendly Societies Acts 1896 – 2014

Industrial and Provident Societies Acts

1893 – 2014

Trade Union Acts 1871 - 1990

The Registry of Friendly Societies is responsible for the assessment and registration of applications and any subsequent amendment of rules which societies are obliged to render to the Registrar, and to ensure that registered societies meet their statutory obligations with regard to filing returns, which once registered are made available for inspection by the public.

2.4

The Labour Court

September 1946

Industrial Relations Act 1946

Primarily an industrial relations body charged with preventing and resolving disputes. Now has considerable jurisdiction in adjudicating in employment rights disputes

22.2

WTEs

The Employment Appeals Tribunal (EAT)

1967

The Redundancy Payments Act 1967

The adjudication of employment rights disputes

28.93

WTEs

The Equality Tribunal

Established in November 1999.

Employment Equality Acts 1998 - 2011

Equal Status Acts 2000 -2012

Pensions Acts 1990-2008.

To provide a fair, accessible and impartial forum to remedy unlawful discrimination in employment and in access to goods and services. The Employment Equality Act 1998, which established the Equality Tribunal, provides a statutory framework whereby the Tribunal mediates and/or investigates claims of unlawful discrimination in accordance with the provisions of the Employment Equality Acts the Equal Status Acts and the Pensions Acts.

21

WTEs

The Labour Relations Commission (LRC)

The LRC was established on 21 January 1991 under the

Industrial Relations Act, 1990.

The Mission of the LRC is “To promote the development and improvement of Irish industrial relations policies, procedures and practices through the provision of appropriate, timely and effective services to employers, trade unions and employees”.

The Commission carries out this mission by providing the following specific services:

An industrial relations Advisory Service;

An industrial relations Conciliation Service;

A Workplace Mediation Service;

A Rights Commissioner Service;

Assistance to Joint Labour Committees and Joint Industrial Councils in the exercise of their functions.

The Commission undertakes other activities of a developmental nature relating to the improvement of industrial relations practices including:

The review and monitoring of developments in the area of industrial relations;

The preparation, in consultation with the Social Partners, of codes of practice relevant to industrial relations;

Industrial relations research and publications;

Organisation of seminars and conferences on industrial relations and human resource management issues.

41.8

WTEs

Working groups that come within the remit of my Department include the following - (the Secretariat for these working groups is provided by officials from my Department).

Working Group

Date established and legislation from which power derived

Core duties and functions

High Level Group on Business Regulation chaired by Gerald Nash T.D., Minister for Business and Employment

The Group met for the first time on 26 July 2007.

- no legislative basis

The High Level Group on Business Regulation (HLG) provides a standing dialogue between Departmental officials and business and union representatives. It is tasked with identifying ways of reducing the administrative burden on business. The Group acts as a clearing house for specific business suggestions for administrative burden reduction by identifying administrative solutions and simplifications across Government.

Technology Ireland

2006

- no legislative basis

The Technology Ireland Forum comprises representatives from DJEI, EI, IDA, SFI, and HEA. The aim of this forum is to ensure Agencies work collectively to implement the enterprise related aspects of the Science, Technology and Innovation Investment in a coherent and effective way

Research Prioritisation Action Group

2012

- no legislative basis

The Research Prioritisation Action Group (PAG) is chaired by my colleague, Damien English, Minister for Research, Innovation and Skills, and comprises representatives of research funding agencies and Government Departments. PAG is tasked with driving implementation of the research prioritisation agenda.

Advisory Group on Small Business (AGSB)

2011

- no legislative basis

The purpose of the Advisory Group on Small Business is to give a greater voice in the development of policy to SMEs and to advise the Minister for Business and Employment on issues of relevance to SMEs.

One of the main functions of the AGSB is to provide on-going assistance and advice to the Minister for Business and Employment, Government Departments and Agencies on any issues affecting SMEs by identifying the issues impacting on the growth and development of SMEs, suggesting priorities and examining possible solutions.

Retail Consultation Forum

June 2014

- no legislative basis

The objective of establishing the Retail Consultation Forum is to provide a platform for a structured engagement between the Retail sector and relevant Government Departments/bodies. Its purpose is to allow key issues of relevance to the sector to be discussed, with a view to identifying practical actions which could be taken by government (national or local), or by industry itself, to support the sector. The Forum should be interactive, participative and solutions-focused.

Consultative Committee on Jobs in the Green Economy

May 2013

- no legislative basis

The Consultative Committee will be tasked with:

identifying emerging job opportunities in different sub-sectors of the Green Economy and

identifying any enablers and barriers to seizing those opportunities, with a view to informing any actions necessary from Government to progress those opportunities.

Any actions necessary across Government to progress these opportunities will be brought to the attention of the relevant Departments by the Secretariat, including through the Cabinet Committee structures where appropriate, with a view to their implementation, including through the Action Plan for Jobs.

Expert Group on Future Skills Needs

Established in 1997, the EGFSN reports to the Minister for Jobs, Enterprise and

Innovation and the Minister for Education and Skills.

The EGFSN’s budget comes from the National Training Fund.

The EGFSN advises the Irish Government on skills needs and labour market issues that impact on enterprise and employment growth.

National Competitiveness Council

The NCC was established by Government in May 1997 as part of the Partnership 2000 Agreement. It Council is a non-statutory body.

The Council reports to the Taoiseach, through the Minister for Jobs, Enterprise and Innovation, on key competitiveness issues facing the Irish economy and offers recommendations on policy actions required to enhance Ireland’s competitive position.

In relation to the budgets figure for my Department for 2013 and 2014, I would refer the Deputy to the following detailed material which was also made available in the context of my appearance earlier this month at the Joint Oireachtas Committee on Jobs, Enterprise and Innovation for the mid-year review of my Department’s Vote.
I should point out that InterTrade Ireland is not a State Agency. Rather it is an Implementation Body established as a result of the Good Friday Agreement and the relevant enabling legislation is the British Irish Agreement Act 1999. The Body is based in Newry, Co. Down, is co-funded by the Department of Enterprise, Trade and Investment in Northern Ireland and the North South Ministerial Council has a prescribed key role in its oversight.
I might also mention that there is a substantial programme of reform underway within my Department, which will see the total number of agencies or bodies under my responsibility reduced by 41 by the end of 2014. This will occur following the transfer of functions of the 35 City and County Enterprise Boards to Enterprise Ireland, to be delivered on their behalf by the Local Authorities which fall within the remit of the Minister for the Environment, together with the other bodies under the remit of my Department which are scheduled to be merged, reformed or abolished as set out under the Government’s Agency Rationalisation Programme.
Plans are at an advanced stage to:
- Merge the National Consumer Agency and the Competition Authority into one single entity. The new Competition and Consumer Protection Commission is due to be established on 31 October 2014.
- The transfer of enterprise functions from Shannon Development to IDA, EI and tourism functions to Bord Fáilte took place during the last quarter of 2013. The legislation to merge Shannon Development and Shannon Airport into a new commercial state company, State Airports (Shannon Group) Bill 2014, is currently at the Report and Final Stages.
In addition, I would draw the Deputy’s attention to the fact that, following enactment of the Microenterprise Loan Fund Act 2012, Microfinance Ireland was established as a private limited company in August 2012, as a subsidiary of the Social Finance Foundation and has charitable status.
Microfinance Ireland has been funded by the Government to provide loans to newly established and growing microenterprises across all industry sectors that do not meet the conventional risk criteria applied by banks.
The Deputy may be aware that the Local Enterprise Offices (LEOs), which were established, last April on foot of the dissolution of the City and County Enterprise Boards (CEBs), operate as Units within the Local Authorities rather than as Agencies or Offices of my Department. Under the CEB Dissolution Act 2014, I retain responsibility for policy determination and budgets, which is managed by way of a Service Level Agreement between Enterprise Ireland and the Local Authorities.
With effect from 1 August 2014, Forfás was integrated into my Department and the Irish National Accreditation Board was transferred from Forfás to the Health and Safety Authority, pursuant to the Industrial Development (Forfás Dissolution) Act, 2014.
A Reform Programme also underway will deliver a two tier Workplace Relations structure by merging the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court into a new Body of First Instance, to be known as the Workplace Relations Commission. The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court.
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