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Wednesday, 22 Oct 2014

Written Answers Nos. 86 - 92

Flood Prevention Measures

Questions (86)

Michael Healy-Rae

Question:

86. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the position regarding work on an embankment in an area (details supplied) in County Kerry; and if he will make a statement on the matter. [40666/14]

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Written answers

The Office of Public Works (OPW) commenced repair works on embankments at Callinafercy West, Milltown, Co. Kerry earlier this year, following the tidal storm surge of 3 January. These flood defences are within the Maine Catchment Drainage Scheme, which is under the care of the OPW.

The Office hopes to have four excavators carry out works on OPW flood defence embankments at Callinafercy West within the next three weeks. Two of these are fitted with mechanical mulchers, which are deployed to clear excess vegetation from the cross section of the flood defence. The other two machines will be undertaking embankment strengthening works on the aforementioned embankments.

OPW currently has a machine operating on lands adjoining the specific property to which the Deputy refers at Coolinch, Callinafercy, Co Kerry. This machine was mobilised to this site last Wednesday. The Office is currently addressing erosion issues along this section of flood defence embankment. Following completion of these repairs the crew hope to address the specific landowner's concerns within the next week or so.

Trade Agreements

Questions (87)

Finian McGrath

Question:

87. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will refuse to ratify the EU trade agreement with Colombia following the killings of 70 human rights defenders since 2013; and if he will make a statement on the matter. [40682/14]

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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 shortly seek the necessary approval so that Ireland is in a position to ratify the Agreement. So far, 17 EU Member States have ratified the Agreement.

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. During the negotiation of the Agreement, Ireland strongly promoted the inclusion of provisions to reflect this essential element.

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. 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.

Departmental Agencies Staff Recruitment

Questions (88)

Thomas P. Broughan

Question:

88. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if he has received requests this year from the National Employment Rights Authority seeking permission to employ additional enforcement inspectors. [40550/14]

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Written answers

Decisions on the assignment of Departmental staff as Labour Inspectors in NERA, which is an Office of my Department, are taken within the context of staffing targets set for my Department under the Employment Control Framework (ECF) managed centrally by the Department of Public Expenditure and Reform. Staffing of all business units is managed in that context, utilising available resources in the most effective and efficient manner as appropriate to business needs, which are discussed on an ongoing basis within my Department, in light of my Department’s overall mission and goals.

At the end of 2011 there were 66 Labour Inspectors assigned to NERA, which represented a little over 7% of my Department’s overall staffing complement. There are currently 57 Labour Inspectors in post, which again represents just over 7% of my current Departmental staffing cohort. Strategic deployment of limited resources in response to Workforce Planning reviews, ongoing prioritising and reprioritising of work and advocating for key or mission-critical posts to be filled to enable the Department meet its current mission are the key tools at the Department’s disposal regarding staffing resources at this time - with the challenge remaining to do so in a resources-constrained environment.

My Department continues to proactively and productively engage with the Department of Public Expenditure and Reform on resources for the Department, its Offices and its Agencies. The Department of Jobs, Enterprise and Innovation has, like so many of the Irish businesses and enterprises it supports, had to do more with less to achieve its objectives in the face of seriously reduced resources. While the Department engages with the Department of Public Expenditure and Reform on sanctioning the filling of key vacancies within the ECF/Moratorium framework, the respective management of each agency has had to reconfigure their organisation and adapt to a constrained-resources environment. Notwithstanding these constraints, through a comprehensive series of reforms and changed work practices, the Department and its agencies have been able to deliver a comprehensive range of services and supports.

In light of the foregoing, resources for all Business Units in my Department are reviewed periodically and local managements advocate on behalf of their Units in terms of resource allocation. In this context, there would be ongoing dialogue between the management of NERA and the Personnel Unit of my Department regarding resources. In that regard, I am satisfied that in the ongoing resource-constrained environment we must operate, adequate resources are allocated to NERA although that will be kept under review as needs dictate.

Employment Rights

Questions (89)

Peadar Tóibín

Question:

89. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation when the current investigation by the National Employment Rights Authority into complaints made against contractors working at a publicly funded construction project (details supplied) will be complete; if this investigation will conclude before the project is completed; and the actions that will be taken against the contractors should the complaints by workers be upheld by NERA. [40576/14]

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Written answers

NERA carries out its work on a confidential basis and in line with the practice of other investigative and enforcement bodies of the State NERA does not comment on any inspection which it undertakes. This ensures that both the private information of individuals and the commercial affairs of companies or organisations are treated in accordance with legal obligations. Only where a Court adjudicates on a case does such information become a matter of public record.

However I can state that publicly funded construction projects are a matter of interest to NERA and the sector is subject to ongoing monitoring by NERA. NERA’s inspection remit encompasses the enforcement of certain statutory employment rights and obligations under employment legislation, including the following Acts:

- National Minimum Wage Act 2000

- Organisation of Working Time Act 1997

- Payment of Wages Act 1991

- Employment Permits Acts 2003 & 2006

- Employment Agency Act 1971

Failure or refusal to comply with legal obligations under the above Acts can result in a criminal conviction for an employer.

Where in the course of an investigation NERA encounters a question as to whether a person is self-employed, such claimants are directed to seek clarification of their status with SCOPE Section of Department of Social Protection or to the Revenue Commissioners to deal with the issuing of certification regarding self-employment. When this issue is clarified any claims under employment legislation can then be investigated.

IDA Site Visits

Questions (90)

Brendan Griffin

Question:

90. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the number of Industrial Development Agency sponsored visits to County Kerry by potential investors in 2014; the number of these that have occurred since 1 July 2014; if the IDA believes it is less challenging to invite potential investors to County Kerry since its inclusion on the regional aid map; and if he will make a statement on the matter. [40604/14]

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Written answers

I am informed by IDA Ireland that during 2014 there was one IDA Ireland sponsored site visit by a potential investor to Co. Kerry, which took place prior to the end of June 2014.

The final decision on where to locate and indeed where to visit resides with the client company. That having been said, the addition of grant aid in Kerry will, of course, add a positive element to the value proposition of Kerry as a destination for FDI.

At the end of 2013, the latest date for which figures are available, there were 12 IDA Ireland supported companies in Kerry employing 1,638 people. IDA Ireland has strong relationships with all these companies and works closely with them to ensure their long term sustainability and to encourage their growth, development and continuing re-investment in their sites. The primary opportunity for regional locations is in respect of the existing client base and potential further investment opportunities from same. Approximately 70% of all FDI investments won by IDA Ireland are from the existing client base.

The Action Plan for Jobs 2014 includes a commitment to develop a framework for a Regional Enterprise Strategy to better integrate the efforts of the enterprise development agencies and other regional stakeholders in supporting enterprises. My intention is that the framework will be developed on a pilot basis initially, focusing on the Midlands region, and involving the agencies under the remit of my own Department – Enterprise Ireland, IDA Ireland and the Local Enterprise Offices The objective is to enhance synergies between the agencies and their client companies and build on the competitive strengths of the region to maximise the potential for job creation. The role which other public bodies in the region can play in working towards this objective will also be examined as the project develops. The aim is that this framework will serve as a model for other regions of the country.

Coillte Teoranta Lands

Questions (91)

Noel Grealish

Question:

91. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine if it is proposed to sell Coillte owned woods at Derrydonnell, Oranmore, County Galway, as part of the sale of State assets; if it is proposed that the sale will proceed on the open market or privately; and if he will make a statement on the matter. [40699/14]

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Written answers

While the sale of some assets of Coillte, excluding the land, was considered in the context of the State Assets Disposal Programme , it was decided, on 19 June 2013, that it was not the appropriate time to proceed with the sale of the harvesting rights in Coillte and that the focus be on the restructuring of Coillte. It has also since been decided, on 24 June 2014, that Coillte and Bord na Móna should work towards a partial merger of their businesses, focusing on the areas of overlap between the two companies and that a joint venture between the companies will manage their common business activities in biomass, wind energy, shared services and recreation and tourism. Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as land transactions , are the responsibility of the company. Coillte are required under the 'Code of Practice for the Governance of State Bodies' to comply with certain procedures in relation to the disposal of state assets.  I understand that it is normal practice, in the event of a potential land sale, for the company to consult with the local community. The Deputy may, however, contact the Corporate Affairs area in the company directly and they will assist him as much as possible.

Agriculture Scheme Payments

Questions (92)

Dara Calleary

Question:

92. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding applications for single farm payment in respect of persons (details supplied) in County Sligo. [40495/14]

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Written answers

EU Regulations governing the administration of the Single Farm Payment and Disadvantaged Areas’ schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue. The person named in the first case submitted a 2014 Single Farm Payment scheme application on 29 April 2014. This application was selected for a Remote Sensing eligibility inspection. This inspection was completed and the advance payment under the 2014 Single Payment Scheme issued to the nominated back account of the person named on 20 October 2014.

The person named in the second case submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme on 13 May 2014. This application was selected for a Remote Sensing eligibility inspection. This inspection has been completed. Processing will now be finalised and I expect that payments will issue shortly to the nominated bank account of the person named.

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