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Wednesday, 5 Nov 2014

Written Answers Nos. 86-91

Registered Employment Agreements

Questions (86, 87)

Seán Fleming

Question:

86. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation his plans to address the problems caused by the collapse of registered employment agreements covering the construction industry; and if he will make a statement on the matter. [42384/14]

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Seán Fleming

Question:

87. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation his plans to publish forward legislation which will allow for registered employment agreements to take effect again; if his attention has been drawn to the damage the absence of an REA is having on the construction industry; and if he will make a statement on the matter. [42389/14]

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Written answers

I propose to take Questions Nos. 86 and 87 together.

I am aware that the striking down of the Registered Employment Agreement system by the Supreme Court in 2013 has resulted in an element of uncertainty in relation to pay and other conditions of employment in those sectors previously covered, including the Construction sector.

That is why, having considered the legal advice from the Attorney General on the implications of the Supreme Court ruling, and given the importance of the issue for employers and their employees, particularly in relation to rates of pay and tendering for contracts, the Government has approved the drafting of legislation to address the ruling and to provide for a revised legislative framework that would be fully informed by the Supreme Court judgment and be expected, to the greatest extent possible, to withstand constitutional challenge in the future.

Good progress is being made on the preparation of the legislation. The Draft Heads of the Bill and accompanying Regulatory Impact Analysis have been published and my colleague, Super Junior Minister for Business and Employment at the Department of Jobs Enterprise and Innovation (Mr. Ged Nash TD), will be bringing the Government's proposals to the Joint Oireachtas Committee on Jobs, Enterprise and Innovation for pre-legislative scrutiny on 11 November next.

Legislative Measures

Questions (88)

Peadar Tóibín

Question:

88. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will list, in tabular form, all Bills introduced by his Department between 2009 and to date in 2014; if each of these Bills was drafted by civil servants, or a legislative drafter with a public sector short-term contract, or where the Bill was outsourced to a legislative drafter-legal professional; and if he will also provide in tabular form a list of the professional fees attributable to the outsourcing of legislative drafting between 2009 and to date, including the invoice amount and the name of the company or person who provided the service. [42441/14]

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Written answers

The following is the list of all Bills introduced by my Department between 2009 and 31st October 2014

Bills Published 1 st January 2009 – 31 st December 2009

Title of Bill

Bill drafted by Civil Servant/Office of the Parliamentary Counsel

Companies (Amendment) Bill 2009

Drafted by Office of the Parliamentary Counsel

Companies (Miscellaneous Provisions) Bill 2009

Drafted by Office of the Parliamentary Counsel

Industrial Relations (Amendment) Bill 2009

Drafted by Office of the Parliamentary Counsel

Employment Agency Regulation Bill 2009

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Bills Published 1 st January 2010 – 31 st December 2010

Title of Bill

Bill drafted by Civil Servant/Office of the Parliamentary Counsel

Competition (Amendment) Bill 2010

Drafted by Office of the Parliamentary Counsel

Chemicals (Amendment) Bill 2010

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Bills Published 1 st January 2011 – 31 st December 2011

Title of Bill

Bill drafted by Civil Servant/Office of the Parliamentary Counsel

Competition (Amendment) Bill 2011

Drafted by Office of the Parliamentary Counsel

Industrial Relations (Amendment) (No. 3) Bill 2011

Drafted by Office of the Parliamentary Counsel

Protection of Employees (Temporary Agency Work) Bill 2011

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Bills Published 1 st January 2012 – 31 st December 2012

Title of Bill

Bill drafted by Civil Servant/Office of the Parliamentary Counsel

Companies (Amendment) Bill 2012

Drafted by Office of the Parliamentary Counsel

Companies Bill 2012

Drafted by Office of the Parliamentary Counsel

Credit Guarantee Bill 2012

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Microenterprise Loan Fund Bill 2012

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Industrial Development (Science Foundation Ireland) Bill 2012 (Seanad) (Number 113 of 2012)

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Patents (Amendment) Act 2012

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Bills Published 1 st January 2013 – 31 st December 2013

Title of Bill

Bill drafted by Civil Servant/Office of the Parliamentary Counsel

Companies (Miscellaneous Provisions) Bill 2013

Drafted by Office of the Parliamentary Counsel

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013

Drafted by Office of the Parliamentary Counsel

County Enterprise Boards (Dissolution) Bill 2013

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Intellectual Property (Miscellaneous Provisions) Bill

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

European Union (Access of the Republic of Croatia) (Access to the Labour Market Bill 2013

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Bills Published 1 st January 2014 – 31 st October 2014

Title of Bill

Bill drafted by Civil Servant/Office of the Parliamentary Counsel

Competition and Consumer Protection Bill 2014

Drafted by Office of the Parliamentary Counsel

Industrial Development (Forfás Dissolution) Bill 2013

Bill drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Employment Permits (Amendment) Bill 2014

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Externally drafted Bills Published 1 st January 2014 – 31 st October 2014

Title of Bill

Bill drafted by Civil Servant or legislative drafter

Bill outsourced to legislative drafter/legal professional

Professional fees attributable to outsourcing of legislative drafting, including invoice amount

Name of Person/

Company providing the service

Workplace Relations Bill 2014

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Fees paid in respect of drafting of Heads of Bill and legal advice associated therewith

€108,161

Paid in 2012

€59,746

Paid in 2013

A & L Goodbody Solicitors

Drafted by Civil Servants in consultation with Office of the Parliamentary Counsel

Fees paid in respect of legal advice including the preparation (in conjunction with Departmental personnel) of comprehensive written responses on legal and drafting issues raised by OPC/AG in the course of drafting the Workplace Relations bill 2014

€27, 337

Paid in 2014

Alan Haugh B.L.

Appointments to State Boards

Questions (89)

Billy Timmins

Question:

89. Deputy Billy Timmins asked the Minister for Jobs, Enterprise and Innovation if there is a list of applicants for positions on boards of State bodies in his Department; and if he will make a statement on the matter. [42464/14]

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Written answers

As a basis, it should be noted that not all vacancies arising on the boards of agencies within my Department’s remit are within my full discretion. Of the 108 appointments I have made since coming to Office in March 2011, only 41 were new appointments that could be considered as such. 24 appointments were reappointments and the remaining 43 were allocated under legislation to Department Representatives, social partners, nominees of other Ministers, nominees of prescribed bodies and appointments on an ex officio basis and were not appropriate, therefore, for public advertisement.

To assist me in making appointments, I asked the Public Appointments Service (PAS), in December 2013, to administer a single Expressions of Interest process in respect for vacancies arising in 2014 on the Boards of all Agencies under my Department’s remit. The process generated a very strong response in terms of both the number and quality of the Expressions of Interest received.

This has produced a pool of over 200 candidates, collectively, comprising a wide variety of skills and attributes that have already informed a number of board appointments I have made this year. In respect of appointments that are wholly within my discretion, my overriding priority is to appoint the best people available for particular board positions.

I am satisfied that the involvement of the PAS in this process has assisted me in appointing appropriately skilled and experienced people required for membership of State Boards and accords with the spirit of the Government Decision in this regard.

Single Payment Scheme Eligibility

Questions (90)

Patrick O'Donovan

Question:

90. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding a review of entitlements in respect of a person (details supplied) in County Limerick; when the review will be concluded; and if he will make a statement on the matter. [42295/14]

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Written answers

The person named established 6.41 entitlements under the Single Payment Scheme with a unit value of €296.41. Following a successful application to the National Reserve in 2005, the value of each of these entitlements was topped up by €90.09 to give a total value of €2420.86. A supplementary allocation from the National Reserve in 2006 of €30.07 resulted in a total value of €2613.61. The person named received a payment under the Single Payment Scheme in 2013 at which time he declared 18.85 hectares of land.

The person named therefore holds an automatic right to receive new entitlements under the Basic Payment Scheme in 2015. If he declares the same number of hectares in 2015, he is likely to be a beneficiary of the convergence process whereby entitlements with a value below 90% of the national average value will be increased in value for each year of the scheme.

Disadvantaged Areas Scheme Applications

Questions (91)

Dinny McGinley

Question:

91. Deputy Dinny McGinley asked the Minister for Agriculture, Food and the Marine when a disadvantaged area payment will issue in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [42300/14]

View answer

Written answers

The person named applied for the Single Payment and Disadvantaged Areas Schemes on 12 May 2014. Processing of the Single Payment Scheme and Disadvantaged Areas Scheme applications of the person named has recently been finalised. Payments will issue shortly directly to the nominated bank account of the person named.

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