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Tuesday, 11 Nov 2014

Written Answers Nos. 229-243

Public Sector Staff Recruitment

Questions (229)

Michael Creed

Question:

229. Deputy Michael Creed asked the Minister for Public Expenditure and Reform if he will provide further information regarding the targeted lifting of the public service embargo on recruitment as announced in the budget; the number of positions envisaged to be filled in 2015 and the way these positions will be allocated between the various local authorities and public service Departments; and if he will make a statement on the matter. [42965/14]

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Written answers

As I announced on Budget Day last month, I will seek to put in place new arrangements to replace the Moratorium on Recruitment and Promotion in the Public Service from 2015 onwards.  This will be subject to the issuance of formal delegated sanction by my Department to all other Government Departments and Offices, in return for agreed commitments by them to manage staff resources within agreed pay ceilings and to meet ongoing reform and efficiency objectives.  Under the new arrangements, which my Department is beginning to discuss in detail with the other Government Departments, sectorial managers will be incentivised to make further savings.  Where this is achieved  - for example, by recasting the grade mix or reassigning duties or introducing more efficient work practices - such savings can now be reinvested in expanding services to meet demand, including hiring more staff as appropriate. 

Accordingly, there will not be any pre-set targets for numbers of positions to be filled in a given year, nor for allocation of numbers between different public service bodies. Rather, front-line managers in individual Government Departments and bodies will have greater autonomy in managing staff resources to meet service needs, including hiring staff where warranted, subject to remaining within agreed pay ceilings, and meeting reform and efficiency objectives. There will be restrictions and controls to prevent unwarranted grade drift and unsustainable recruitment, and recruitment will be carried by the Public Appointment Service in the normal course of events.  In general terms, the number and location of vacancies filled  will be determined by such factors as retirement rates and Departments and Offices deciding on their service priorities and optimal grade mix over the period ahead, with reference to their pay ceilings.  The approach is for the Public Appointment Service to create panels of suitable candidates from which Departments and Offices can draw down as the need arises.

Public Sector Staff Retirements

Questions (230)

Richard Boyd Barrett

Question:

230. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform the circumstances in which the chairman of the Public Appointments Service stepped down from that position on 31 August 2014, four months before his term expired; and if he will make a statement on the matter. [43055/14]

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Written answers

The term of the previous Chairman of the Public Appointments Service expired on 31st August 2014, and he stepped down on that date, having served two three-year terms.

Occupational Injuries Benefit Applications

Questions (231)

Patrick O'Donovan

Question:

231. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform if an Office of Public Works employee receives an occupational injury the number of weeks full salary to which he or she is entitled. [43169/14]

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Written answers

I understand that the occupational injuries scheme which applies to the generality of the Civil Service applies to employees in the Office of Public Works.  It would be inappropriate for me to comment on individual cases.  In this context, my comments will be in relation to the general Civil Service scheme for occupational injuries.

Civil servants who have been classified as having an occupational injury will, generally, have access to the same paid sick leave limits as in the old sick leave scheme in the Civil Service (i.e. prior to 31 March 2014).  These limits amount to 6 months full pay followed by 6 months half pay in a rolling one year period, subject to a maximum of 365 days over 4 years.  When these limits have been reached, the officer may have access to paid sick leave at pension rate of pay (i.e. the amount a person has access to if they were granted ill health retirement). 

Any sick leave in relation to an occupational injury is ring-fenced from ordinary sick leave limits and is not included on an officer's sick leave record. 

The new Public Service Sick Leave Scheme commenced on 31 March 2014.  The new Scheme which was introduced by the Public Service Management (Sick Leave) Regulations 2014, reduced the access to ordinary sick leave.  The Regulations, however, expressly provided that they did not prejudice the rights and obligations under any occupational injury or illness scheme.  Therefore, the paid sick leave limits for occupational injuries were not affected by the introduction of the new Public Service Sick Leave Scheme.  Access for occupational injuries in the Civil Service remains the same as prior to 31 March 2014.

National Monuments

Questions (232)

Seán Kyne

Question:

232. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if a decision has been made regarding a plan to develop a car park near a national monument (details supplied) in County Galway to facilitate the tourists visiting the site, if discussions are ongoing with a landowner pertaining to a right of way; and if he will make a statement on the matter. [43299/14]

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Written answers

There are no proposals currently for a new carpark to be provided at the Dún Aonghusa site on Inis Mór.

Dún Aonghusa is an extremely popular tourist destination and attracted 105,539 visitors in 2013. During busy summer months in particular, this causes a certain amount of congestion at the site, particularly on the private access road leading from the nearby public road to the visitor building. The Office of Public Works recognises this issue and has commissioned engineers to design an integrated traffic management plan for the roadway which will ensure that any congestion is minimised. Work on this will be completed in advance of the summer visitor season in 2015. Any traffic management issues relating to the public roadway are not a matter for OPW and any infractions which occur should be reported to An Garda Síochána.

Separately, OPW is in discussion with a local landowner in relation to a renewal of Right of Way arrangements leading from the visitor building to the National Monument site. The current arrangements are due to expire shortly and OPW is in negotiation with the individual concerned on the terms for its renewal.

Local Authority Rates

Questions (233)

Brendan Smith

Question:

233. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform the proposals he has to exempt child care facilities from payment of rates; and if he will make a statement on the matter. [43305/14]

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Written answers

The Valuation Act, 2001, which came into effect on 2 May 2002, provides that all buildings used or developed for any purpose including constructions affixed thereto are rateable unless expressly exempted under Schedule 4 of the Act. Such exempt buildings would principally include those used for public worship, education and health care provided on a not-for-profit basis, and charitable purposes. In general, the Act maintains the long-standing position that all commercial properties - including all private childcare facilities such as play schools, preschools, crèches and Montessori schools - are liable for rates. 

Certain childcare and preschool facilities can be exempt from rates under the terms of paragraph 16 of Schedule 4 of the Valuation Act, 2001, where the organisation is a charitable organisation, that uses its property exclusively for charitable purposes and otherwise than for private profit. The organisation claiming charitable status for the purpose of qualifying for exemption from rates must comply with the definition of "charitable organisation" as stated in PART 1 section 3 of the Valuation Act, 2001.

Similarly certain preschool facilities can be exempt from rates where  the conditions detailed in paragraph 10 of Schedule 4 are met.  

As a matter of course, the Valuation Office examines all claimant cases on their individual merits by reference to the relevant statutory provisions governing the operation of the Valuation Act as it relates to childcare facilities and all other categories of properties. I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act, 2001 and that I, as Minister for Public Expenditure and Reform, have no function in decisions in this regard.

The exemption of childcare facilities from rates was raised at Committee Stage of the Valuation (Amendment)(No.2) Bill 2012 in the Seanad. Minister of State Simon Harris, who is taking the Bill through the Seanad on my behalf, undertook to consider what could be done in this regard before the Bill returns for Report Stage (expected to be in late November). The matter is under active consideration and if any change to the exemption status of childcare is proposed it will be brought as a Report Stage amendment to the Valuation (Amendment)(No.2) Bill 2012.

Public Service Contracts

Questions (234)

Éamon Ó Cuív

Question:

234. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if his Department keeps any record of the proportion and value of public contracts won by Irish-based enterprises for services to the public sector; if there has been any change in the past two years in this proportion and value; the steps being taken to ensure with new procurement procedures and more centralised procurement that the small and medium enterprises sector may compete on a fair basis; and if he will make a statement on the matter. [43308/14]

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Written answers

Under EU Directives contracting authorities are obliged to publish Contract Award Notices for contracts above certain thresholds in the Official Journal of the European Union (OJEU) via the national public procurement website www.etenders.ie.

 The current thresholds (exclusive of VAT) are as follows works contracts - €5,186,000; supplies and services contracts of Government Departments - €134,000; supplies and services contracts of other public bodies - €207,000; supplies and services contracts of entities in the utilities sector - €417,000.

In 2012,  the latest year for which information is available, 91.78% of published contracts (above the EU thresholds) awarded by the State (valued at approximately €3.7bn) went to Irish companies.  In comparison to 2011, the proportion of contracts awarded to Irish business  increased by 8.54% and 1.07% in respect of supplies and works contracts respectively, and decreased by 2.11%  in respect of service contracts.  The full details of contracts awarded for these years are set out below:

2011 Above OJEU Threshold Awards

Contract Type

Total Value

€(000)

% Proportion of Value to Irish Businesses

Value to Irish Businesses

€(000)

Value to non-Irish Businesses

€(000)

Services

945,712

95.74

905,416

40,296

Supplies

438,809

87.21

382,695

56,114

Works

298,368

98.00

292,395

5,973

Utilities

593,577

76.80

455,849

137,728

Total

2,276,466

89.45

2,036,355

240,111

2012 Above OJEU Threshold Awards

Contract Type

Total Value

€(000)

% Proportion of Value to Irish Businesses

Value to Irish Businesses

€(000)

Value to non-Irish Businesses €(000)

% Change in Value to Irish Businesses Year on Year

Services

745,054

93.63

697,584

47,470

-2.11

Supplies

752,814

95.75

720,818

31,996

+8.54

Works

755,162

99.07

748,162

7,000

+1.07

Utilities

1,784,089

86.24

1,538,573

245,516

+9.44

Total

4,037,119

91.78

3,705,137

331,982

+2.33

These statistics are limited to above threshold OJEU awards for which the award details have been provided - on average the OGP gets approximately an 80% response rate - and the supplier details are dependent on correct information being provided on the suppliers to whom contracts have been awarded. 

From 1 August of this year, buyers are required under DPER Circular 10/14 to publish all Contract Award Notices over €25,000 on the e-Tenders website on completion of the award with effect from 1 August 2014.  It is intended that this additional information will allow improved reporting by the Office of Public Procurement (OGP) in relation to public contracts awards.

In relation to steps being taken to ensure that SMEs can compete on a fair basis, public procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.  It would be a breach of the EU rules for a public body to favour or discriminate against particular candidates on grounds such as nationality, organisational size, etc. and there are legal remedies which may be used against any public body infringing these rules.

The Government acknowledges the significant role that SMEs play in the Irish economy and is committed to ensuring that SMEs are fully engaged with public sector procurement and the opportunities presenting.  DPER Circular 10/14 is aimed at opening up opportunities for small businesses that want to tender for public contracts and also to ensure that engaging with government procurement is easy and low cost.  The key initiatives are as follows: buyers are advised to undertake market analysis prior to tendering in order to better understand the range of goods and services on offer, the competitive landscape, including the specific capabilities of SMEs; the circular promotes transparency in procurement by requiring supplies and general services contracts with an estimated value of €25,000 to be advertised on the Government's electronic tendering portal, e-Tenders; the circular encourages suppliers including SMEs to fully use e-Tenders and avail of its facilities in relation to registration, e-tendering and automatic alerts in relation to future tendering opportunities; buyers are encouraged not to set turnover thresholds at more than twice the estimated contract value and the circular puts limits on insurance levels for suppliers where possible; the circular promotes greater use of "open" tendering and less use of "restrictive" tendering; the circular  encourages SMEs to consider using consortia where they are not of sufficient scale to tender in their own right or where they may lack certain capabilities necessary to provide a compelling proposition; the circular encourages Contracting Authorities to break large contracts down into lots where reasonable to do so and where it does not expose the State to undue risk or significant management overheads.

The OGP also supports the work of Enterprise Ireland and InterTrade Ireland in building awareness of public procurement and supporting training for small suppliers in bidding for public contracts.  Last year the OGP, for example, supported two "Meet the Buyer" events in Belfast and Dublin last year attended by approximately 1,000 suppliers.  Approximately 1,700 are expected to attend similar events this year.  In addition, the OGP supported the 'Go 2 Tender' programme run by InterTrade Ireland which was attended by 317 SMEs last year.   This year InterTrade Ireland is also delivering a programme on Consortia Building to assist SMEs in developing understanding to enable them to jointly bid for state contracts.

The OGP will continue to work with industry to ensure that winning government business is done in a fair, transparent and accessible way and to ensure that Government procurement policies are business friendly.

Trade Agreements

Questions (235)

Pearse Doherty

Question:

235. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the trade arrangements that exist between Ireland and the United States; the tariffs that exist between Ireland and the US in respect of trade; and if he will make a statement on the matter. [43080/14]

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Written answers

Trade arrangements between Ireland and the United States are governed by the EU’s Common Commercial Policy under Article 207 of the Treaty on the Functioning of the European Union. The rules and requirements with the United States are set at EU level. The arrangements that are currently in place, including the tariffs that apply, can be found on the EU Commission’s website at http://ec.europa.eu/trade/policy/countries-and-regions/countries/united-states/.

Exports Data

Questions (236)

Brian Walsh

Question:

236. Deputy Brian Walsh asked the Minister for Jobs, Enterprise and Innovation the value of dual-use exports and export licences issued by his Department in 2013. [42874/14]

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Written answers

Details of the number and value of dual-use export licences issued by my Department in 2013 are provided in the following table.

-

2013

2013

Type of Licence

Number

Value €000

Individual Dual-Use

754

324,192

Global Dual-Use

13

2,060,050

Total

767

2,384,242

It should be noted that the values provided above represent the maximum value which can be exported under the export licences and not the value of the goods and technology actually exported under the licences.

Foreign Direct Investment

Questions (237)

Peadar Tóibín

Question:

237. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form the annual number of new foreign direct investment, FDI, companies that have been set up and new FDI jobs created in each of the Dublin postcodes and in County Dublin. [42904/14]

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Written answers

Details of the numbers of jobs created and lost in companies supported by the enterprise development agencies are tracked by the Forfás Annual Employment Survey. Data are gathered on an annual basis and aggregated at county level. Details in respect of individual companies are not provided as companies supply information to the Survey on a confidential basis for statistical purposes only.

Details of the number of IDA Ireland new name companies along with the number of new IDA Ireland jobs created in Dublin for the last 5 years are set out in the tabular statements below.

County Dublin has had particular success in recent years in terms of attracting inward investment particularly in the areas of technology and financial services. At present there are 565 IDA Ireland client companies in Dublin employing over 66,323 people in full and part time employment. IDA Ireland has strong relationships with 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.

Table shows the number of IDA Ireland new name companies in Co. Dublin from 2009 to 2013

Years

Number of new name companies

2009

19

2010

27

2011

41

2012

52

2013

37

Table shows the number of new IDA Ireland jobs created in Co. Dublin from 2009 to 2013

Years

Number of new jobs created

2009

2,887

2010

6,279

2011

7,351

2012

8,464

2013

6,862

Company Data

Questions (238)

Pearse Doherty

Question:

238. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the number of applications made to set up companies since 1 October 2014, and since 15 October 2014; the number for the year as a whole; and the numbers for each of the past five years. [42907/14]

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Written answers

The following table sets out the number of applications to incorporate a company that were received by the Companies Registration Office for the period 29 September 2014 to 31 October 2014 and also the number of companies registered during that period.

Number of companies for week beginning

Received

Registered

29th September

365

258

6th October

316

352

13th October

321

437

20th October

260

277

28th October

183

414

Below is the number of company incorporations during each of the last five years and for 2014 to end October 2014.

Year

Company Incorporations

2009

13,320

2010

14,013

2011

14, 615

2012

14,009

2013

15.506

2014 (to 31 October)

14,362

Trade Agreements

Questions (239)

Pearse Doherty

Question:

239. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation his views on the estimates of jobs displacement across the EU as a result of the transatlantic trade and investment partnership; the measures he will introduce to counteract these effects for workers here; and if he will make a statement on the matter. [43081/14]

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Written answers

The Transatlantic Trade and Investment Partnership (TTIP) offers huge potential to increase economic growth through trade and investment. Taking away trade barriers and making markets more open, as we have done in other trade negotiations, brings increased competition, lower prices and more opportunities for our exporting sector. The stimulus effect of TTIP on jobs, while difficult to estimate precisely, is expected to be positive in terms of more and better paid, sustainable jobs in the exporting sector of the economy.

My Department has engaged international expertise to examine the economic and other impacts and related potential opportunities for Ireland of the Transatlantic Trade and Investment Partnership [TTIP]. The focus of the study is to identify key areas and sectors of the economy that will be impacted by the TTIP. This will help to inform Ireland’s position in the negotiations. It will also help in identifying appropriate policy responses to be deployed to maximise the potential of this agreement and provide an assessment of the longer term implications for enterprise policy. Preliminary results show the creation of substantial additional and sustainable jobs in the export orientated sectors of the economy.

Trade Agreements

Questions (240)

Pearse Doherty

Question:

240. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he has signed a letter supporting the investor-state dispute settlement mechanism, ISDS, proposed by the transatlantic trade and investment partnership; his reasons for doing so; his views on the ISDS mechanism and its implications for Ireland; and if he will make a statement on the matter. [43082/14]

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Written answers

The scope of the EU Commission’s mandate to negotiate with the United States on a Transatlantic Trade and Investment Partnership (TTIP) includes investment protection and investor state dispute settlement (ISDS). The mandate is available on the EU Council’s website at

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/145014.pdf.

I believe that ISDS is a valid mechanism. But I also believe that the experience of ISDS internationally shows us there is room for much improvement in how the system works. And that, I believe, is the reason why ISDS has raised some concerns.

The TTIP gives us a valuable opportunity to make improvements and create a new generation ISDS model that would respect and address legitimate concerns that have been raised. Such improvements include having safeguards against claims that are clearly unwarranted and making sure that ISDS does not serve to constrain the rights of governments to take measures for legitimate public policy reasons. Important features in any system would also include greater transparency in the operation of tribunals and ensuring the independence of arbitrators.

The EU Commission is currently analysing the results of a public consultation on ISDS, carried out in response to concerns raised. Ireland was one of a number of EU member states that wrote to the new EU Commissioner for Trade, Cecilia Malmström, expressing the view that the consultation was an important step in ensuring that we strike the correct balance to ensure that governments retain their full freedom to regulate. We also pointed out that it would be important that the outcome of this consultation would run its course and that the views expressed by our stakeholders would be carefully considered before reaching firm decisions on the way forward.

It is important to underline that the EU and the US follow the same principles that guide investment and seek to ensure a level playing field for investors. These principles recognise the right of Governments to regulate for legitimate public policy objectives. I will be seeking to ensure that we learn from the experience of the past and that any ISDS provisions in a future Agreement would represent a fair and reasonable option to which investors would have recourse for legitimate reasons.

Trade Agreements

Questions (241)

Pearse Doherty

Question:

241. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation his views on the potential impact of the transatlantic trade and investment partnership on the agriculture, environment, employment and workers' rights sectors; the steps he will take to ensure Ireland's interests are protected during the negotiations; and if he will make a statement on the matter. [43083/14]

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Written answers

The scope of the mandate, which includes the agriculture sector, covers market access, regulatory and non-tariff barriers, and rules. One of the clearly stated objectives in the mandate is sustainable development, which encompasses the respect of international environmental and labour agreements and standards while promoting high levels of protection for the environment, labour and consumers, consistent with the EU acquis and Member States' legislation.

The full text of the mandate can be found on the EU Council’s website at

http://data.consilium.europa.eu/doc/document/ST-11103-2013-DCL-1/en/pdf.

The EU Commission, which negotiates on behalf of the EU, is required under the terms of the mandate and in accordance with Article 207 of the Treaty on the Functioning of the European Union, to conduct the negotiations in consultation with and to regularly report to the Council on all aspects of the negotiations. Officials from my Department are represented on the relevant committees. As in all trade negotiations at EU and international levels, I fully intend to work at securing the best deal for Ireland by the end of these negotiations, to open up opportunities for Irish business, and bearing in mind any sensitivities we may have.

Cyberbullying Issues

Questions (242)

Seán Kenny

Question:

242. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation the position regarding Ask.fm in view of previous allegations regarding cyber bullying being undertaken on the product offered by Ask.fm; if his Department will undertake an investigation to ascertain if Ask.fm is an appropriate company to invest here; his concerns of reputational damage being caused to Ireland as a leading country for investment by the digital industry; and if he will make a statement on the matter. [43186/14]

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Written answers

As a general principle, under Irish and EU law, companies are free to establish in this country. If a company subsequently engages in illegal activity, then the State’s enforcement processes would be set in train to pursue any law-breaking.

I am aware of the very serious anonymous cyber bullying issues which are alleged were associated with users of the former Ukrainian-based social network site, Ask.fm.

In August last, Ask.fm was acquired by another Internet company, Ask.com, which is headquartered in New York. Ask.com was formerly known as AskJeeves.com and is a well-known mainstream internet site which connects a user's question to multiple and diversely sourced answers. Despite the similarity in name, there was no prior connection between the two companies. The founders of Ask.fm are no longer involved in its operations and do not retain any equity in the company. Ask.fm is now a subsidiary of Ask.com and the parent company have decided that it should be legally based in Ireland.

Ask.com has committed to restructuring Ask.fm and has publicly stated that it will initiate a comprehensive safety strategy, with the adoption of moderation and intervention technologies to protect younger audience from inappropriate content and to catch and remove violent, illegal, threatening or harassing content. It has engaged eminent digital safety experts to pursue this agenda. It would obviously be a source of serious concern if this or any other Irish registered company were not to actively discourage instances of cyberbullying. The new parent company of Ask.fm has also stated that it intends engaging with relevant Irish Regulatory Authorities.

I am very conscious of the need to preserve our national reputation, in terms of good corporate behaviour, by companies based here, especially in the Digital sector, which has brought such benefits to the Irish economy. The Internet poses particular enforcement challenges, but it is reassuring that in this specific case, significant commitments for change have been made by the new owners. The matter of internet safety and the legality of online operations on an ongoing basis is one for which the Minister for Justice and Equality has primary responsibility.

Microenterprise Loan Fund Application Numbers

Questions (243)

Derek Nolan

Question:

243. Deputy Derek Nolan asked the Minister for Jobs, Enterprise and Innovation the number of women that applied for the microfinance scheme in 2013 and 2014; the number of female applicants who were successful; the counties the successful applicants were from; and if he will make a statement on the matter. [43219/14]

View answer

Written answers

As requested by the Deputy, please find the information below on the number of female applications received by Microfinance Ireland (MFI), the number of successful female applications and the County of each successful application:

-

2013

2014

(To date)

Total

Number of female applications

68

104

172

Number of successful female applications

31

66

97

County

Number of successful female applications

Carlow

1

Cavan

2

Clare

3

Cork

6

Donegal

2

Dublin

26

Galway

3

Kerry

4

Kildare

3

Laois

1

Leitrim

2

Limerick

5

Longford

2

Louth

1

Mayo

4

Meath

5

Monaghan

1

Roscommon

3

Tipperary

3

Waterford

6

Westmeath

3

Wexford

7

Wicklow

4

Total

97

MFI continues to focus on awareness across all sectors. An autumn radio campaign is currently underway, with a two week focus on RTÉ and Newstalk. This will be followed by targeted local radio campaigns in key markets. A significant number of local promotional events have taken place in recent months in Galway, Limerick, Carlow, Donegal, Fingal, Dublin City, South Dublin, Dún Laoghaire, Louth and Tipperary. Further events are planned in Waterford, Mayo and Dublin’s Digital Hub in the near future.

My Department publishes quarterly reports on the progress of MFI on the Department’s website www.enterprise.gov.ie. The 2014 2nd quarter progress report on MFI showing a detailed analysis for period ending 30th June 2014 is available on my Department’s website. The next quarterly report for the period to 30th September 2014 will be published shortly.

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