Written Answers Nos. 221 - 238
221. Deputy Ciara Conway asked the Minister for Public Expenditure and Reform in view of the improved fiscal circumstances, his plans to lift the embargo on public sector recruitment; and if he will make a statement on the matter. [36975/14]
View answerAs I have previously stated, there is no embargo on recruitment to the Public Service. To safeguard frontline and priority services, the Government has allowed for critical posts to be filled throughout the period of consolidation of public service numbers. In addition to this ongoing recruitment, special provision was made in last October's Budget for the recruitment into key front line sectors, including more than 900 extra resource teachers for the school system. The Government recognises areas of most need, and it is responding to them where it can. Under the Moratorium on recruitment and promotion in the public service there has been a much more careful and targeted approach to recruitment, which needs to be understood on two fronts:
Firstly, Government has a responsibility to control the cost of public services. The savings achieved over the last number of years have made an important contribution to the overall improvement in the public finances. These savings need to be maintained.
Secondly, the Government is committed to Public Service reform and is focused on driving efficiency and improving how public services are delivered.
Resource needs over the medium term have been examined as part of the Comprehensive Review of Expenditure, the outcome of which will help inform Budget decisions and measures.
222. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform the amount in legal fees incurred by the Commission for Public Service Appointments for the year to date and for each of the past three years together with details of the annual budget that it has to operate. [36976/14]
View answerThe legal expenses incurred by the Commission for Public Appointments Service (CPSA) in 2014 amount to €130,322. In 2013, €34,534 was spent on legal fees on behalf of the CPSA, with €1,000 expended in 2012 and €22,000 in 2011. The Ombudsman Amendment Act 2012 provided for the merging of the Office of the CPSA with the Office of the Ombudsman with effect from 1 January 2013 and its activities are funded from that Office's Vote. That Office's overall Vote allocation for 2014 is €8,140,000 covering the business activities of the Ombudsman, the Information Commissioner, the Commissioner for Environmental Information, the Standards in Public Office Commission as well as the CPSA. Within this a total of €444,000 is budgeted for legal expenses for the different Statutory Offices.
223. Deputy Pat Deering asked the Minister for Public Expenditure and Reform if private fee paying schools and private nursing homes are subject to commercial rates; and, if so, on what basis the rate is calculated. [37033/14]
View answerThe Valuation Act, 2001 provides in Schedule 3, Sections 1(a) and (b) that all buildings and lands used or developed for any purpose including constructions affixed thereto are rateable. The basic premise under the Act is that all interests (including buildings) and all developed land are rateable unless expressly exempted under Schedule 4.
In general, the Act maintains the long-standing position that all commercial facilities established for the purpose of making a private profit are liable for rates.
Certain fee charging schools may be exempt from rates by virtue of the provisions of Schedule 4 of the Act. Specifically, a property occupied by a school and used for educational purposes is entitled to exemption from rates if all of the conditions detailed in paragraph 10 of Schedule 4 are met, regardless of whether a fee is payable or not. In summary, the conditions are:
1. It must be occupied by an educational institution
2. It must be used exclusively for the provision of educational services
3. Otherwise than for private profit;(a) the institution must not be established or operated for the purposes of making a private profit or be financed wholly or mainly from State funds and (b) The services in question must be available to the general public with or without a charge being levied.
Nursing homes established and operated for the purpose of making a private profit are rateable under the Valuation Act.
The rateable valuation of all commercial property is based on net annual value (NAV) i.e. the estimated rental value of the property as defined in Section 48 of the Valuation Act.
224. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform 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. [37210/14]
View answerIn response to the Deputy's question the following is a list of the State agencies, bodies, organisations and working groups under my 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.
The material in respect of the Office of Public Works will be forwarded directly to the Deputy.
Institute of Public Administration
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
Promote the study and improve the standard of public administration |
80 |
10,600,000 |
10,300,000 |
1957 |
Companies Acts |
Valuation Tribunal
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
Provision of administration services to facilitate the efficient and effective operation of the Valuation Tribunal |
5 |
693,000 |
850,000 |
1988 |
Valuation Act, 2001 |
State Laboratory
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The State Laboratory provides a comprehensive analytical and advisory service to Government departments and offices, thereby enabling them to implement and formulate the technical aspects of national and EU legislation. |
87 |
7,545,000 |
7,795,000 |
01-Apr-1924 |
The State Laboratory is a scheduled office under the aegis of the Department of Public Expenditure and Reform |
Public Appointments Service (PAS)
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
PAS provides a shared service in recruitment, selection and assessment to organisations across the Civil and Public Service. PAS conducts recruitment campaigns on behalf of a wide variety of organisations including, Civil Service Departments/ Offices, An Garda Siochána, local government sector, HSE, Irish Prison Service. |
88.65 FTE |
€6.014m (Net Expenditure) |
€6.757m |
October 2004 (replaced the Office of the Civil Service and Local Appointments Commissioners) |
Public Service Management (Recruitment and Appointments) Act 2004 |
Office of the Ombudsman
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The Ombudsman's role is to investigate complaints about administrative actions, delays or inaction adversely affecting persons or bodies in their dealings with public bodies (including government departments, local authorities, the Health Service Executive (HSE), public voluntary hospitals and other institutions providing services on behalf of HSE, third level bodies, and sectors and bodies to which the Disability Act (2005) applies). |
67* |
5,200,000 |
5,141,000 |
December 1983 |
Ombudsman Acts (1980 and 2012) |
* No of staff assigned to the Office of the Ombudsman includes shared services staff (HR, IT, Finance and Communications) who provide services for all of the above Offices.
Office of the Information Commissioner / Commissioner for Environmental Information
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The role of the Commissioner is to review (on application) decisions made in relation to FOI requests and to make binding new decisions; to keep the operation of the Act under review with a view to ensuring maximum compliance among public bodies; to encourage the voluntary publication by public bodies of information on their activities; and to prepare and publish commentaries on the practical operation of the Act.
The role of the Commissioner for Environmental Information is to review (on appeal) decisions made in relation to requests made to public authorities for environmental information under the Regulations and Directive 2003/4/EC. |
21 |
1,665,000 |
1,682,000.00 |
April 1998
May 2007
|
Freedom of Information Acts (1997 and 2003)
Access to Environmental Information Regulations (2007 to 2011) |
Commission for Public Service Appointments**
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The Commission s role is to establish standards of probity, merit, equity and fairness for the recruitment and selection of appointees to (i) all established and most unestablished positions in the Civil Service; (ii) positions in An Garda Síochána subject to the remit of the Act; (iii) the Health Service Executive; (iv) the Health Information and Quality Authority; and (v) certain managerial, professional and technical positions in local authorities and vocational education committees to which the Local Authorities (Officers and Employees) Act (1926) applies. |
3 |
October 2004 |
Public Service Management (Recruitment and Appointments) Act (2004) |
** The budget for the Commission for Public Service Appointments merged with Office of the Ombudsman from 1 January 2013.
The Special EU Programmes Body (SEUPB)
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The SEUPB s main role is to manage cross-border European Union Structural Funds Programmes in Northern Ireland, the border region of Ireland and parts of Western Scotland (PEACE and INTERREG Programmes) |
57 |
Total Budget: €119,264,000***
Admin Budget: €2,501,000 |
Total Budget: €120,363,000***
Admin Budget: €2,290,000 |
March 1999 |
The Special EU Programmes Body (SEUPB) |
***This includes Programme expenditure for PEACE and INTERREG which is provided by a number of Government Departments in Ireland and Northern Ireland and is subject to subsequent refunds from the EU Commission of up to 75%. The Administration expenditure of the Body is co-funded by the Department of Public Expenditure and the Department of Finance and Personnel in Northern Ireland.
Standards in Public Office Commission
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The Standards in Public Offices Commission is an independent body established in December 2001 by the Standards in Public Office Act, 2001. It has a supervisory role under the Ethics in Public Office Acts 1995 and 2001; the Electoral Act 1997, as amended; the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001; the Electoral (Amendment) (Political Funding) Act 2012; and the Oireachtas (Ministerial and Parliamentary Offices)(Amendment) Act 2001. Further information is available on the Commission's website at http://www.sipo.gov.ie. It is proposed that the Commission will also have a supervisory role under the forthcoming Registration of Lobbying Act. Further information in relation to the Registration of Lobbying Act can be found on the Department of Public Expenditure and Reform website at http://www.per.gov.ie/regulation-of-lobbying/. The Commission also serves as secretariat to the Referendum Commission, as required. |
11 |
980,000 |
1,317,000 |
December 2001 |
Standards in Public Office Act (2001), Ethics in Public Office Acts (1995 and 2001), Electoral Act (1997), Electoral (Amendment)(Political Funding) Act (2012), Oireachtas (Ministerial and Parliamentary Offices)(Amendment) Act (2001) and the forthcoming Registration of Lobbying Bill (2014). |
Valuation Office
|
Core Duties and Functions |
Number of Staff |
Budget 2013 |
Proposed Budget 2014 |
Date of Establishment |
Legislation |
|
The production and maintenance of fair and equitable valuation lists of commercial and industrial properties |
122 |
9,828,000 |
9,345,000 |
Circa 1850 |
Valuation Act 2001
|
225. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation his plans to undertake a trade mission to Spain; and if he will make a statement on the matter. [36885/14]
View answerIn 2012, the value of Ireland’s exports to Spain was €5.43 bn making Spain our 9th largest export market. In 2012, the latest year for which full data is available, Ireland’s services exports to Spain reached their highest level ever with a value of €2.7 bn.
Spain is one of the most open and internationalized economies in Europe and holds a privileged position in Latin America and North Africa as an investment platform. In multiple sectors, several Spanish companies are placed among the largest European firms in terms of turnover and market capitalization, such as Telefonica, Santander, BBVA to name but three. Spain enjoys a modern infrastructure network, thanks to heavy investments in infrastructure having taken place over the last 20 years, covering highways, rail-way, airports and ports.
The strategy for Enterprise Ireland, which has an office in Madrid servicing both Spain and Portugal, is twofold:
- to raise the profile of Ireland and the awareness of Ireland as a key supply base in priority sectors of opportunity such as the life science, telecommunications, media and entertainment, travel and finance sectors
- to maintain the foothold of Irish companies which have a strong presence in Spain in an increasingly competitive environment by looking for ways to develop their offering and search for new potential customers.
There are currently no plans to organise a full Trade Mission to Spain. As part of the Government’s Action Plan for Jobs, Enterprise Ireland are organising 18 ministerial-led in market events around the globe this year, ranging from fully-fledged multi-sector trade missions to more specific events designed to support companies in a particular sector or addressing a specific end-market opportunity. These events are planned and scheduled to maximise the resources of Enterprise Ireland and their client companies in addition to gaining the strongest impact from the interventions of Ministers from the various Government departments.
As part of the Government's 2014 Ministerial-led St Patrick’s Day “Promote Ireland” programme, the then Minister of State for Small Business, Mr John Perry T.D., visited Spain between the 12 and 15 March of this year. The programme involved multiple bilateral meetings with Enterprise Ireland target companies as well as Tourism Ireland and Bord Bia promotional events.
As regards further events planned for 2014, the local Enterprise Ireland office in Madrid will host two in-market trade events this October:
- a national stand at the International Maintenance Repair and Overhaul aviation event (MRO Europe ) with some 7 Irish companies exhibiting and
- a Travel IT sector conference for some 8 EI client companies seeking business with representatives from the Spanish hotel and tourism sector.
I am confident that this job focused trade and investment-related programme has helped Enterprise Ireland cement relationships with their Spanish partners and win access to key decision-makers in target sectors which should facilitate employment growth.
226. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if he will direct Enterprise Ireland and the Industrial Development Authority Ireland to pursue the potential for job creation in the former Pretty Polly plant, Killarney, County Kerry, which is now in the ownership of Kerry County Council; and if he will make a statement on the matter. [37012/14]
View answerThe Pretty Polly plant in Killarney is not in the ownership of IDA Ireland. Following on from the abolition of Killarney Town Council I am informed the facility is now owned by Kerry County Council. I understand from IDA Ireland that the building itself, which was formerly a manufacturing facility, has been unoccupied since 2009 and is not in the best condition. Therefore, the options for the building in its present format are limited. I am informed that the County Council are still investigating potential uses for the building but, as yet, there are no concrete plans for the immediate future.
Both IDA Ireland and the local Enterprise Office in Tralee have indicated that they are happy to engage with Kerry County Council on the matter and both remain available to provide assistance regarding potential uses for the building.
Meanwhile, IDA Ireland continues to promote County Kerry as a location for inward investment while Enterprise Ireland’s activities in the County are focussed primarily on the development of indigenous companies export potential and in the creation of new jobs. Client companies of IDA Ireland and Enterprise Ireland employ over 5,000 in County Kerry.
227. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the discussions he has had in relation to the Trade in Services Agreement Financial Services Annex, covering 50 countries, and being promoted by the EU and US, and the fact that public services will be sold permanently for private profit, should there not be a referendum on this matter; his views regarding the five year ban that has been put on any information regarding this agreement; and if he will make a statement on the matter. [37095/14]
View answerThe Trade in Services Agreement (TiSA) is a trade agreement currently being negotiated by 23 members of the World Trade Organisation (WTO). The EU negotiates on behalf of all 28 EU member states. The other twenty-two countries and territories outside the EU that are taking part are: Australia, Canada, Chile, Chinese Taipei, Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Korea, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, Switzerland, Turkey and the United States of America. Together, these countries account for 70% of world trade in services.
TiSA aims at opening up markets and improving rules in areas such as licensing, financial services, telecoms, e-commerce, maritime transport, and workers moving abroad temporarily to provide services. The EU’s position on protecting public services in the TiSA negotiations can be found on the EU Commission’s website at the following link:
http://ec.europa.eu/trade/policy/in-focus/tisa/questions-and-answers/ .
Also published on the EU Commission’s website are documents that have been tabled by the EU in the negotiations, which clearly exclude public services. These documents can be found at the following link: http://trade.ec.europa.eu/doclib/press/index.cfm?id=1133.
Ireland fully supports the EU’s approach in the TiSA negotiations. The exports of services are very important to the Irish economy. Last year, the value of Ireland’s exports of services reached a new record of almost €95b; and with services imports worth €89b, Ireland had a trade surplus of €6b for trade in services in 2013. An ambitious outcome in the TiSA negotiations is therefore very important for our economy.
The TiSA will be an Agreement within the meaning of Article 29.5.2 of the Constitution. Ratification by Ireland will therefore be subject to prior approval of Dáil Éireann.
228. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the way he plans to strengthen the human rights article of the EU-Colombian Free Trade Agreement; the efforts he has made to ensure the agreement is consistent with Government policy as set out in One World, One Future: Ireland’s Policy for International Development; and if he will make a statement on the matter. [37187/14]
View answer229. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation his views that the sustainable development article of the EU free trade agreement with Colombia and Peru will be sufficient in ensuring greater protection of human rights in Colombia; and the actions he has taken to address the significant human rights concerns documented by Irish non-governmental organisations which have shown the sustainable development article is insufficient to ensure the enforcement of rights, citing an absence of adequate monitoring, evaluation and compliance mechanisms. [37188/14]
View answerI propose to take Questions Nos. 228 and 229 together.
Sustainable development and concerns for social and human rights are at the heart of the sustainability chapter of the EU-Colombia Free Trade Agreement. This is emphasised by the fact that Article 1 of the Agreement stipulates that respect for democratic principles and fundamental human rights and for the rule of law is an essential element of the Agreement.
The inclusion of a sustainable development chapter in the Agreement provides the EU with an important means to contribute to supporting positive social reforms and to the greater protection of human rights in Colombia. During the negotiation of the Agreement, Ireland strongly promoted the inclusion of provisions to reflect this essential element.
Furthermore, the setting up of a special committee, with representatives from Colombian civil society, to monitor implementation of the sustainability provisions demonstrates how the EU can develop real leverage for promoting its values and expectations through this agreement.
The elaboration by Colombia and Peru of roadmaps on human rights, labour rights and environmental protection in October 2012 clearly demonstrates how the Agreement can incentivise an agenda for change. Against this background, I believe the agreement with Colombia will be instrumental in encouraging economic and social progress reinforced by arrangements that strengthen the voice and role of civil society in favour of the progressive development human and labour rights. This is also recognised by the European Parliament that last year voted to approve the Agreement.
My Department is fully mindful of the need for policy coherence in support of global development objectives. To this end, my Department works closely with the Department of Foreign Affairs and Trade. In this way, there is full coherence between Ireland’s trade and investment policies, and the implementation of Ireland’s development and foreign policy objectives set out in One World, One Future: Ireland’s Policy for International Development.
230. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide details of the occasions where it was sought to suspend or terminate any trade agreement to which the Irish Government is a signatory due to concerns regarding human rights. [37189/14]
View answerI am not aware that any such action has been taken in relation to the suspension or termination of a trade agreement to which Ireland is a signatory. However, all Trade Agreements that the EU concludes include binding commitments for the respect of Human Right and the rule of law, with a clear suspension clause. This gives the EU an important means of promoting greater protection of human rights.
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]
View answerMy 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. |
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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 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
232. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the destruction of the pier at East End village, Inishbofin, County Galway, the focal point of an area of outstanding natural beauty on the Wild Atlantic Way; and if proposals have been brought to his attention for the replacement of the pier, the essential infrastructure around which the whole East End village has grown up since the pier’s construction in the 1870s and an attraction to the tens of thousands of visitors attracted to Inishbofin each year. [36988/14]
View answerMy Department is responsible for the six Fishery Harbour Centres located at Howth, Dunmore East, Castletownbere, Dingle, Rossaveel and Killybegs. The Fishery Harbour Centres provide essential services and facilities to the fishing industry around the coastline of Ireland. My Department also has responsibility for North Harbour at Cape Clear Island and for maintaining a range of Piers, Lights and Beacons around the coast in accordance with the 1902 ex-congested Districts Board Piers, Lights and Beacons Act. My Department however provides funding for the development and repair of Local Authority owned harbours, piers and slipways under the annual Fishery Harbour and Coastal Infrastructure Development Programme subject to the availability of exchequer funding.
On 20 March this year, as part of the Governments co-ordinated response to the damage caused by the winter storms, I announced €8.5m in funding for a once off programme to repair 115 publically owned piers, harbours and slipways damaged by these storms.
As part of this Storm Damage Programme €2m in funding was approved for Galway County Council for the repair of 15 piers and harbours in County Galway damaged during the storms earlier this year. No application to repair the pier at the East End of Inishbofin was received under this programme.
In addition to the above on 1 May 2014 my Department invited all coastal Local Authorities to submit, in order of priority, a list of projects for consideration for funding under the 2014 Fishery Harbour and Coastal Infrastructure Development Programme. The funding approved for Galway County Council under this programme amounted to €225,000 which is 75% of the combined project costs. No application in respect of the pier at the East End of Inishbofin was received under this programme.
In accordance with my responsibilities under the 1902 ex-congested Districts Board piers, lights and Beacons act, I made €40,000 available this year to replace Gun Rock light at the entrance to Inishbofin Harbour, which was washed away during the inclement weather. I am happy to inform the Deputy that this work has been completed.
Any application submitted by Galway County Council in respect of Inishbofin under the Capital Programme in future years will be given consideration in the context of available Exchequer funding and overall national priorities.
233. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine when the appropriate assessment for Rutland natura site, County Donegal, will be completed and the conservation objectives set in order to allow aquaculture licence applications to proceed; and if he will make a statement on the matter. [36561/14]
View answerRutland Island and Sound is designated as a Special Area of Conservation (SAC) under the EU Habitats Directive. The European Court of Justice declared in case C418/04 that, by failing to take all the measures necessary to comply with Article 6(3) of Directive 92/43 (Habitats Directive) in respect of authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive.
In the negotiations to address the judgment a process was agreed with the European Commission which would lead to full compliance by Ireland with the relevant EU Directives. This process includes the following steps:
- a detailed data collection in 91 Bays/Estuaries
- detailed analysis of raw data collected
- setting of Conservation Objectives by the National Parks and Wildlife Service (NPWS) in respect of each site
- carrying out Appropriate Assessments of each licence application/fishery plan against the detailed Conservation Objectives set, and
- determination of Licences/Fisheries on the basis of the Appropriate Assessment and other relevant factors.
My Department has been working closely with the Marine Institute, Bord Iascaigh Mhara (BIM) and NPWS to achieve full compliance through a multi-annual work programme.
Conservation Objectives have been set for Rutland Island and Sound SAC. The next step in the process is the carrying out of an Appropriate Assessment by the Marine Institute. This is being progressed taking account of the need to facilitate the use of scientific and other resources on a flexible basis across the full range of bays.
The average timeframe for processing each particular application varies depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact etc. Other factors include consideration of any submissions or observations raised during the public consultation period.
My Department continues to make every effort to expedite the determination of all aquaculture applications having regard to the complexities of each case and the need to comply fully with all national and EU legislation.
234. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the persons responsible for the monitoring and clean-up of pollution incidents in fishery harbour centres; the level of incidence that requires a clean-up in the event of a fish kill or wash-up; and if he will make a statement on the matter. [36563/14]
View answerPursuant to the Fishery Harbour Centres Act 1968 (as amended), the Department of Agriculture, Food and the Marine owns and directly manages six Fishery Harbour Centres located at Howth, Dunmore East, Castletownbere, Ros an Mhíl, Killybegs and Dingle/An Daingean. The Harbour Master at each harbour is responsible for the day to day operations of the harbour to which he has been appointed and his functions include ensuring compliance with application of all rules and regulations applicable to the Fishery Harbour Centres generally.
All pollution incidents, including fish spills or wash ups are a matter of concern to my Department. In the event of a pollution incident at a Fishery Harbour Centre, the matter is brought to the attention of my Department by the relevant Harbour Master, and an investigation and appropriate remedial action is undertaken. The level and nature of response is governed by the type and scale of the pollution in question, and can involve a co-ordinated multi agency approach.
235. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the level of environmental monitoring on an ongoing basis that takes place in bays that have fin fish aquaculture licences; by whom is it carried out; if the results are published; and if he will make a statement on the matter. [36564/14]
View answerThe Marine Institute carries out environmental monitoring on behalf of my Department in respect of finfish aquaculture licences. This monitoring is very extensive and includes the following:
- Benthic Monitoring: All holders of finfish aquaculture licences at marine sites are required to carry out an annual environmental survey for each finfish culture site so that an assessment can be made of any impact of the farming operations on the seabed. Details of the monitoring required are set out in my Department’s Monitoring Protocol No .1 for Offshore Fishfarms – Benthic Monitoring which is published on my Department’s website.
- Sea Lice Monitoring: The Marine Institute carries out regular inspection s of sea lice levels on all fish farms in Ireland in accordance with my Department’s sea lice Monitoring Protocol (2000) and Strategy (2008). All stocks of fish are inspected by Marine Institute Inspectors on 14 occasions throughout the year. Results from the programme are reported each month to stakeholders and all the data are published on an annual basis. This monitoring programme has been in operation since 1991 and is widely regarded as international best practice.
In addition the following monitoring carried out by the Marine Institute is of indirect importance to the environment:
- Fish Health Monitoring: All marine finfish farms in the country are inspected annually for compliance with fish health regulations under the provisions of Council Directive 2006/88/EC, as transposed into Irish Law by S.I. No 261 of 2008. The inspections are carried out by Veterinary Inspectors from my Department, who work under a Service Level Agreement with the Marine Institute. Results are compiled by the Marine Institute.
- Water Framework Directive Monitoring: Although not specifically focused on bays that have finfish aquaculture activity, as part of the national effort to meet the requirements of the EU Water Framework Directive, which seeks to protect, enhance and restore the status of water bodies, the Marine Institute carries out elements of the monitoring programme in transitional and coastal waters on behalf of the Environmental Protection Agency (EPA). A number of the bays included in the monitoring programme have licensed finfish aquaculture activity.
- Residues Monitoring: The Marine Institute carries out monitoring of chemical residues in farmed finfish on behalf of my Department, as part of the National Residue Control Programme (NRCP) which is co-ordinated by the Food Safety Authority of Ireland (FSAI) in accordance with Council Directive 96/23/EC. The objectives of the Aquaculture National Residue Control Plan are to ensure farmed fish are fit for human consumption; to provide a body of data showing that Irish farmed fish is of high quality; and to promote good practices in aquaculture.
236. Deputy John Halligan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to recent graphic footage which has appeared online and in a newspaper (details supplied) apparently showing the torture of a fox at the hands of hunters' dogs in County Waterford; his plans to follow the United Kingdom decision to outlaw the hunting of foxes with dogs; and if he will make a statement on the matter. [36579/14]
View answerIncidents of animal cruelty are unacceptable and my Department devotes considerable resources to protecting animal welfare and dealing with breaches of animal welfare legislation. Sections 11 and 12 of the Animal Health and Welfare Act, which I introduced last year, contain basic rules relating to the welfare of animals, namely, that a person having an animal in his or her possession or control must safeguard and not threaten the health and welfare of the animal. In addition, a person cannot cause unnecessary suffering or endanger the health and welfare of any animal or neglect or be reckless regarding the health or welfare of any animal. The Act also provides for increased levels of penalties. For major cases taken on indictment, the maximum penalty has been raised from €100,000 to €250,000 with a maximum custodial sentence of five years imprisonment. My Department has brought the matter to which the Deputy refers to the attention of An Garda Síochána in Waterford.
237. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding disadvantaged areas scheme payments in respect of a person (details supplied) in County Limerick; if all the documentation for same has been received; and if he will make a statement on the matter. [36582/14]
View answerThe documentation referred to has been received by my Department; however, as the person named also appears to be in a contract rearing arrangement with a second farmer, an official of my Department contacted the person named, requesting that further necessary documentation, relating to the second contract rearing arrangement, be provided to my Department. Immediately on receipt of the necessary documentation, the file of the person named will be further processed, with a view to payment issuing at an early date thereafter, provided the requirements of the Scheme have been satisfied.
238. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a decision has been made on a land parcel identification system appeal submitted by a person (details supplied) in County Galway; if so, the outcome of this appeal; and if he will make a statement on the matter. [36584/14]
View answerA review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that a number contained ineligible features. Following an appeal from the person named, a visit by a Department official to verify the position was necessary to progress the matter. The person named was notified of the outcome of the inspection in a letter dated 25 May 2014 and advised of the right of appeal to the independently-chaired LPIS Appeals Committee. An appeal to the LPIS Appeal Committee has been received and is currently with the LPIS Appeal Committee.
