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Thursday, 20 Nov 2014

Written Answers Nos. 26 - 60

Departmental Staff Data

Questions (26)

Barry Cowen

Question:

26. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform if he will provide in tabular form, the number of staff in his data protection office; if he has a specified data protection officer; and if he will make a statement on the matter. [44732/14]

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Written answers

In response to the Deputy's question while my Department does not have a specific Data Protection Office I can confirm that the Department itself is the legal entity or Data Controller that controls and is responsible for the keeping and use of personal information held on computer or in structured manual files.

Responsibility for the keeping and use of personal information on computer or in structured manual files is a matter for all staff in the relevant divisions.  All staff are expected to follow the eight rules of Data Protection which are binding on every data controller whereby they must obtain and process the information fairly, keep it only for one or more specified and lawful purposes, process it only in ways compatible with the purposes for which it was given to them initially, keep it safe and secure, keep it accurate and up-to-date, ensure that it is adequate, relevant and not excessive, retain it no longer than is necessary for the specified purpose or purposes and give a copy of his/her personal data to any individual, on request.

Additionally the Corporate Support Unit (CSU) of my Department has responsibility for registering the Department with the Office of Data Protection Commissioner each year.  The CSU also has responsibility for assigning any data protection requests received in the Department to the relevant divisions and liaison with the Office of Data Protection Commissioner as and when required.

Construction Contracts

Questions (27)

Denis Naughten

Question:

27. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation the date on which the Construction Contracts Act 2013 will commence; and if he will make a statement on the matter. [44601/14]

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Written answers

The commencement of the Construction Contracts Act 2013 is dependent on a number of factors contained within the Act itself. These include the appointment by the Minister of a Chairperson and Panel of Adjudicators, who must be highly qualified and suitable in order to ensure quality outcomes in disputes referred under the Act. Also required is the drafting and publication of a code of practice for the conduct of adjudications, which will be binding on all adjudicators operating under the Act, not just those appointed to cases by the Chair of the Adjudication panel. Work on these items, and the required consultation with industry, has been and is ongoing. It is hoped that the Act will be implemented in full by Spring 2015. A specific date of implementation will be announced in advance once it has been finalised, to provide sufficient notice to those affected by the Act's provisions.

Employment Rights

Questions (28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41)

Peadar Tóibín

Question:

28. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the definition of an enterprise-level agreement under the Industrial Relations (Amendment) Bill 2014. [44602/14]

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Peadar Tóibín

Question:

29. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the differences between the registered employment agreements mechanism prior to the 2013 Supreme Court judgment in the case of McGowan and others versus the Labour Court and the new mechanism for a revised framework for setting of pay and pension and sick pay entitlements of workers in a particular sector provided for in the Industrial Relations (Amendment) Bill 2014. [44603/14]

View answer

Peadar Tóibín

Question:

30. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the Industrial Relations (Amendment) Bill 2014 provides for sectoral registered employment agreements, as was provided for prior to the 2013 Supreme Court judgment. [44604/14]

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Peadar Tóibín

Question:

31. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the factors that will activate a decision of the Labour Court to initiate a review of the pay and pension and sick pay entitlements of workers in a particular sector under the Industrial Relations (Amendment) Bill 2014. [44605/14]

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Peadar Tóibín

Question:

32. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the Industrial Relations (Amendment) Bill 2014 provides for an appeal mechanism where the Labour Court does not deem it to be appropriate to make a recommendation to him following a review of the pay and pension and sick pay entitlements of workers in a particular sector. [44606/14]

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Peadar Tóibín

Question:

33. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the course or courses of action he may take under the Industrial Relations (Amendment) Bill 2014 following receipt of a recommendation from the Labour Court on conclusion of its review of the pay and pension and sick pay entitlements of workers in a particular sector. [44607/14]

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Peadar Tóibín

Question:

34. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will provide the definition of a substantially representative trade union as provided for in the Industrial Relations (Amendment) Bill 2014. [44608/14]

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Peadar Tóibín

Question:

35. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the specific principles and policies the Labour Court will be obliged to have when considering a recommendation following a review of the pay and pension and sick pay entitlements of workers in a particular sector under the Industrial Relations (Amendment) Bill 2014. [44609/14]

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Peadar Tóibín

Question:

36. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the reason it has been deemed necessary to provide for the registration of employment agreements to which there are just two parties, an individual employer and trade union in the Industrial Relations (Amendment) Bill 2014; and if these agreements which are not legally binding will undermine sectoral agreements as provided for in the legislation. [44610/14]

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Peadar Tóibín

Question:

37. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if enterprise-level or sectoral agreements as provided for in the Industrial Relations (Amendment) Bill 2014 will be enforced down the subcontracting chain, with particular reference to the construction sector. [44623/14]

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Peadar Tóibín

Question:

38. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation where employment agreements are registered by just two parties, an individual employer and trade union, under the provisions of the Industrial Relations (Amendment) Bill 2014, if the terms of the agreement will be enforced down the subcontracting chain or will the terms be applicable only to the principal contractor. [44624/14]

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Peadar Tóibín

Question:

39. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if the provisions of the Industrial Relations (Amendment) Bill 2014 enterprise-level or sectoral agreements will be applicable to a company awarded a public procurement contract but where that company is registered outside of the State and workers of such a company are brought in from outside the State. [44625/14]

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Peadar Tóibín

Question:

40. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will set out in detail the specific principles and policies provided for in the Industrial Relations (Amendment) Bill 2014 that he plans for the Labour Court to take into account when considering a recommendation to him regarding a review of the pay and pension and sick pay entitlements of workers in a particular sector. [44626/14]

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Peadar Tóibín

Question:

41. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation with regard to sectoral orders, if orders will be informed by considerations such as specific principles and policies such as potential impact on competitiveness, employment and so on that the Labour Court will be obliged to take into account when considering whether to make and, if so, the recommendation it will make to him in relation to pay and pension/sick pay terms in a particular sector. [44627/14]

View answer

Written answers

I propose to take Questions Nos. 28 to 41, inclusive, together.

As the Deputy is aware, my colleague Ged Nash TD, Minister for Business and Employment, presented the General Scheme of the proposed Industrial Relations (Amendment) Bill 2014 to the Joint Oireachtas Committee on Jobs, Enterprise and Innovation for pre-legislative scrutiny at its meeting on 11 October last; it is my understanding that the Deputy was present at the meeting. The General Scheme and discussion which took place at the meeting addressed in detail most of the issues raised in this series of questions put down by the Deputy.

The main purpose of the proposed Industrial Relations (Amendment) Bill 2014 is twofold. Firstly, it will provide for the reintroduction of a mechanism for the registration of enterprise-level employment agreements. In this context an enterprise-level agreement means an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union, or trade unions, of workers and an employer, or a trade union of employers that are binding only on the parties to the agreement.

Such agreements will not be legally binding beyond the subscribing parties, nor would it be constitutionally permissible to so legislate. Indeed, prior to the Supreme Court ruling in the McGowan case, enterprise-level Registered Employment Agreements were not given general application on a sector-wide basis.

Enterprise-level Registered Employment Agreements, which are in line with Ireland’s long-standing voluntarist industrial relations system, provide certainty for the employer and workers in terms of rates of pay and other terms and conditions over the period of the agreement. Furthermore, all such agreements will be required to contain a provision that, if a trade dispute occurs between workers and their employer, a strike or lock-out shall not take place until the dispute has been submitted for settlement by negotiation in the manner specified in the agreement, thereby contributing to industrial peace in the enterprise or enterprises.

As such agreements are not legally binding beyond the subscribing parties, the same constitutional issues regarding the delegation of legislative authority that arose in McGowan do not apply in these cases.

Such REAs will set terms and conditions across a range of matters; as they cannot undercut sectoral Orders, they cannot undermine such Orders.

The Bill will separately provide for a new statutory framework for establishing minimum rates of remuneration and other terms and conditions of employment for a specified type, class or group of workers, particularly in the context of transnational provision of services and in the context of promoting harmonious relations between workers – in effect a framework to replace the former sectoral Registered Employment Agreements system, which included the Construction and Electrical Contracting Sector.

In this context, the new framework proposes a mechanism whereby, in future, at the request, separately or jointly from organisations substantially representative of employers and/or of workers, the Labour Court can initiate a review of the pay and pension and sick pay entitlements of workers in a particular sector and, if it deems it appropriate, make a recommendation to the Minister on the matter.

The Labour Court is identified as the appropriate expert body to make judgment calls in relation as to whether a review should be instigated in the first place and, where it is, to decide on what recommendation, if any, to make to the Minister. As the Labour Court is the delegated authority, the legislation does not provide for an appeal mechanism in this regard.

This mechanism is in contrast with the previous REA system struck down by the Supreme Court which, prior to the enactment of the Industrial Relations (Amendment) Act 2012, provided for employment agreements made between trade unions and employer representatives being given general application by being registered by the Labour Court. The 2012 Act, which was not considered by the Supreme Court in McGowan, provided for a Statutory Order by the Minister confirming the registration of the agreement.

The new legislation will provide the Labour Court with specific principles and policies that it will be obliged to take into account when considering whether to make and, if so, what recommendation to make to the Minister in relation to pay and pension/sick pay terms in a particular sector. In this context, the proposed Bill provides that the Labour Court shall not undertake an examination unless it is satisfied that the request applies to all workers of a particular class, type or group and their employers in the identified sector and that the Court is satisfied that it is desirable or expedient to have separate terms and conditions relating to pay, or pension scheme and sick pay scheme for that class, type or group. In addition, the Court shall only undertake an examination where it is satisfied that the organisation or organisations making the request is/are substantially representative of the class, type or group of workers and employers in the sector to which the request is expressed to apply, and any recommendation is likely to promote harmonious relations between such workers and employers.

There is no specific definition of substantially representative in the proposed Bill, rather it will be a matter for the Labour Court to judge, based on the principles set out in the Bill. In this context, in satisfying itself with regard to whether the parties are substantially representative, the Court will take into consideration -

(i) the number of workers represented by the organisation representing the workers, and

(ii) the number of workers employed by the employers represented by the organisation representing employers, in the class, type or group of workers to which the request is expressed to apply.

The Court shall not make a recommendation to the Minister unless it is satisfied that

i. to do so would promote harmonious relations between workers and employers and assist in the avoidance of industrial unrest;

ii. the recommendation is reasonably necessary to promote and preserve high standards of training and qualifications in the sector; and

iii. the recommendation is reasonably necessary to ensure fair and sustainable rates of remuneration in the identified sector, in light of EU law on the transnational provision of services.

The Court shall, for the purpose of making a recommendation to the Minister, take into account/ have regard to the following matters:

(a) the potential impact of the recommendation on levels of employment and unemployment in the identified sector;

(b) the terms of any relevant national agreement relating to pay and conditions for the time being in existence;

(c) the potential impact of the recommendation on competitiveness in the identified sector;

(d) the general level of wages in sectors within which workers of the same, class, type or group are employed.

If the Minister is satisfied that the process provided for in the new legislation has been complied with by the Labour Court, the Minister shall make the Order. Where the Minister is not satisfied that the provisions have been complied with, he or she shall:

i. refuse to make an order in accordance with the terms of the recommendation, and

ii. notify the Court in writing of his or her decision and the reasons for the decision.

The standard provisions dealing with the laying of orders before the Oireachtas are proposed.

Where such an order is made in relation to a class, type or group of workers it will be binding across the sector to which it relates and will be enforceable by the National Employment Rights Authority. The existence of such a legislative provision is recognised under European Union law and ensures, in accordance with the Posted Workers Directive, that contractors from outside the jurisdiction, who may be using employees from lower wage economies, do not obtain an advantage over local contractors in terms of wage costs.

Ireland’s robust suite of employment rights legislation, including any order made under this proposed legislation, applies to all workers, whether employed by a sub-contractor or other class of employer.

This sectoral mechanism proposed is constitutionally robust compared with the previous REA system struck down by the Supreme Court which, prior to the enactment of the IR (Amendment) Act 2012, provided for employment agreements made between trade unions and employer representatives being given general application by being registered by the Labour Court. As enterprise-level agreements never were and will not be legally binding beyond the subscribing parties, the same constitutional issues regarding the delegation of legislative authority that arose in McGowan do not apply in such cases.

Departmental Staff Data

Questions (42)

Barry Cowen

Question:

42. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form, the number of staff in his data protection office; if he has a specified data protection officer; and if he will make a statement on the matter. [44730/14]

View answer

Written answers

Although my Department does not have a dedicated Data Protection Office, data protection functions are the responsibility of a specified Data Protection Officer at senior management level who is supported by a number of key staff within my Department and its Offices.

Set out in tabular format is the number of staff involved in Data Protection duties for my Department and its Offices only.

Finally, I have asked the Agencies under the aegis of my Department to advise me of the number of staff designated to deal with Data Protection within their organisations and I will communicate that information to the Deputy as soon as it is available.

Main Department

Number of Data Protection compliance Officer(s)

Head Office

1 Data Protection Officer 1.5

Offices of the Department

Number of Data Protection compliance officer(s)

Companies Registration Office

1

Employment Appeals Tribunal

1

Register of Friendly Societies

1

Labour Court

1

LRC

1

NERA

1

ODCE

.5

Patents Office

1

Equality Tribunal

.5

Job Creation

Questions (43)

Bernard Durkan

Question:

43. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which his Department has monitored possible obstacles to job retention and job creation; if any specific measures are contemplated in this regard; and if he will make a statement on the matter. [44737/14]

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Written answers

The Action Plan for Jobs (APJ) is a whole-of-Government approach to job retention and job creation, with a specific ambition to have 100,000 more people in work by 2016. The first annual APJ was launched in February 2012, and its first successor was published in February 2013. Together, these comprised over 600 specific actions. The third APJ was published in February of this year, building on and drawing lessons from its predecessors. This multi-annual Framework represents a comprehensive, whole-of-government approach to strengthening the competitiveness of the Irish economy and to stimulating job creation and retention. Coupled with this, the APJ process contains a rigorous quarterly monitoring and reporting system.

The 2014 Action Plan, with a strong focus on the domestic economy, improving competitiveness and supporting our entrepreneurs and smaller firms with new Local Enterprise Offices, contains 385 actions. In total since the APJ was launched almost 1,000 actions have been proposed and progressed in order to deliver private sector-led, export-oriented economic growth and job creation.

The OECD has reviewed the APJ process and has found that the Plan’s most striking innovation in the Irish public policy context is a coordination mechanism that ensures high-level political buy-in and oversight, whole-of-government engagement and the establishment of quarterly targets underpinned by a robust monitoring system.

As of Q2 2014 there were 1.9 million people employed, an increase of 33,500 on last year. At 11% the rate of unemployment is still unacceptably high. This is why the Government has designated 2014 to be the “year for jobs”; we are working relentlessly to ensure that the unemployment rate continues to decrease.

In the third quarter of 2014, Departments and agencies were to deliver 100 measures relating to 84 of APJ2014’s 385 actions. Some 88 of the measures due in Quarter 3 (Q3) of 2014 have been delivered, giving a completion rate of 88%. In delivering 88 third quarter measures under the Plan, the Government has, for example launched two programmes to support Youth/Graduate Entrepreneurship, a competitive Youth/Graduate Entrepreneurship Fund to complement the new LEOs/Microfinance Youth Programme, and rolled out “Ireland’s Best Young Entrepreneur” competition which involves a total fund of €2 million. The Government also launched a national trading online voucher scheme in Q3, which will target the distribution of 1,000 vouchers to Irish SMEs in 2014, and which involves all 31 Local Enterprise Offices. These are just some examples of the practical job retention and job creation steps taken recently under the Action Plan process.

The Action Plan for Jobs is complemented with the Government’s Pathways to Work labour market activation strategy. The Pathways to Work strategy, first introduced in 2012 and led by the Department of Social Protection, seeks to ensure that as many newly created jobs as possible go to people on the Live Register. The key strands of Pathways to Work include incentivising employers to provide more jobs for those who are unemployed, better engagement with unemployed people, greater targeting of activation places and opportunities for those who are long-term unemployed, and incentivising the take-up of employment opportunities by unemployed jobseekers.

In addition, we are continually monitoring skills supply and demand within the economy through the Expert Group on Future Skills Needs. For example, over recent years there have been substantial job gains in the high-tech sector. The Government’s national ICT Skills Action Plan for 2014-2018 sets out a range of measures to build the domestic supply of high level ICT skills and will confer a significant advantage on companies operating in Ireland and create a substantial level of sustainable employment opportunities for Irish graduates.

Work Permits Eligibility

Questions (44)

Bernard Durkan

Question:

44. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which holders of work permits over a number of years may be facilitated to address any voids in their continuity with particular reference to the lack of requirements for a work permit after a five year period; and if he will make a statement on the matter. [44738/14]

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Written answers

A non EEA national who has been the holder of an employment permit and has been employed on foot of employment permits for an unbroken five year period may apply to the Garda National Immigration Bureau (GNIB) for long term residency in the State.

Section 20(2) of the Employment Permits Act 2006 (as amended), provides that:“an application for a renewal of an employment permit shall be made within such period as may be prescribed”. Regulation 6(3) of S.I. Number 432 (2014) prescribes that period as one month after the expiry of the period for which the original employment permit was granted. Once an applicant submits an application for the renewal of their employment permit within this one month period, the renewed permit is backdated to the date of expiry of the original permit and thus no void in the continuity of their employment permit is created.

All non-EEA nationals resident in the State, regardless of whether or not they possess an Employment Permit, are required to keep their immigration status up-to-date at all times by fulfilling the requirements set down by the Minister for Justice and Equality. The decision as to whether non-EEA nationals are granted long term residency is a matter for my colleague, the Minister for Justice and Equality and any remedy for non-EEA nationals with voids in their residence continuity is a matter for her.

Enterprise Support Services Provision

Questions (45)

Bernard Durkan

Question:

45. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the number of indigenous enterprises promoted or assisted by way of grant aid in each of the past five years to date; the number of jobs arising therefrom; the number of any such applicants deemed to have failed to qualify for any assistance; and if he will make a statement on the matter. [44739/14]

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Written answers

Enterprise Ireland’s mission is to work with entrepreneurs, Irish businesses and the research and investment communities to develop Ireland’s international trade, innovation and competitiveness. The ultimate objective is increased employment and prosperity in Ireland. Enterprise Ireland works with High Potential Start-Ups (HPSUs) with a capability to start a business and sell in export markets, Small and Medium-sized Enterprises (SMEs) in manufacturing and internationally traded services, large companies employing 250 or more, and, Irish-based food and natural resources companies that are overseas owned or controlled. Enterprise Ireland’s clients delivered €17.1bn in exports and 149,718 full time jobs in 2013.

Enterprise Ireland supported 4,086 companies between 1 January 2009 and 18 November 2014, totalling €707.8m broken down between grant (66%) and equity (34%) payments. Table 1 shows the number of companies supported each year. Some of the 4,086 companies would have received support in one or more years as a grant allocation would be drawn down over time.

The number of full time jobs created by Enterprise Ireland clients between 2009 and 2013 is given in Table 2. 2014 figures are not yet available as EI is currently in the process of carrying out the Annual Employment Survey for 2014.

The majority of funding from Enterprise Ireland is non-competitive and therefore each company’s application is assessed based on a holistic view of the company’s Development Plan, the need for financial assistance and the eligibility criteria for the individual financial support. EI provides a wide variety of Programmes to enterprises at different stages of the business life cycle. There are different formats for applying for funding (i.e. some are competitive and some are not). In general, EI does not reject companies but works to see what other programmes or assistance can be provided to the company to enable it to remain an EI client. For this reason, Enterprise Ireland does not maintain a database of each company that did not qualify for assistance.

All companies are encouraged to discuss their applications for financial supports with the Development Advisor prior to submitting an application. In some cases, as a result of this discussion, companies may be re-directed to apply for alternative financial supports that are more appropriate to their development needs.

Information in relation to the number of indigenous enterprises that had projects approved for grant aid from the County Enterprise Boards/Local Enterprise Offices (LEOs) in each of the past five years to date, and the number of jobs associated with the projects approved, is set out in Table 3 below.

Details of the number of any such applicants deemed to have failed to qualify for any assistance are not collated by the LEOs, since all LEO clients are offered some type of support, including non-financial supports such as business advice, training, mentoring, etc.

Table 1

-

2009

2010

2011

2012

2013

2014 (1/1/2014 – 18/11/2014)

No of Companies paid per year

1,643

1,571

1,521

1,402

1,353

1,182

Source: Cognos Payments Report ran 19/11/2014 and excludes Infrastructural clients, Shannon Free Zone transfer clients, Incubation Centres, Clients who were paid under the Employment Subsidy Scheme.

Table 2

-

2009

2010

2011

2012

2013

Full time gains

7,443

8,193

9,076

12,861

12,532

Total Full Time Employment

133,523

137,241

141,228

145,460

149,718

Source: Forfás Annual Employment Survey Results for each year

Table 3: No. of Projects and Jobs Associated with LEO Funding

Year

Projects Approved

Amount Approved

Associated Jobs at Application Stage

2010

1,082

€15,082,055

1,614.5

2011

1,072

€15,296,098

2,365.5

2012

964

€14,939,967

1,916.5

2013

993

€15,576,362

2,069.5

2014 to date

650

€10,528,674

1,172.0

Foreign Direct Investment

Questions (46)

Bernard Durkan

Question:

46. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the number of enterprises through foreign direct investment to have qualified for grant aid in each of the past five years to date; the number of jobs arising therefrom; the number of any such applicants deemed to have failed to qualify for any assistance; and if he will make a statement on the matter. [44740/14]

View answer

Written answers

IDA Ireland has advised me that employment in IDA Ireland companies is measured in the Annual Employment Survey and that grants to support R&D activity and training in companies is not directly correlated to employment trends as recorded in the Annual Employment Survey. The number of people employed in IDA Ireland client companies in each of the last 5 years is set out in the second table.

IDA provides assistance to clients companies under EU state aid regional guidelines. IDA may provide financial assistance to companies wishing to locate in Ireland or expand their existing operation in Ireland. The unique characteristics of any proposed project will determine the incentive package available, in particular its location. IDA evaluates potential projects through a process of negotiation, after which a project is submitted for approval, if suitable.

The number of companies that received grant payments from IDA Ireland in each of the past five years is set out in the first table. 2010 saw a spike in the number of companies due to the introduction of the Employment Subsidy Scheme.

Total Number of Companies and Grants Paid 2009-2013

Year

No of Companies

Grants Paid

2013

338

87,951,000

2012

320

89,275,000

2011

367

96,748,000

2010

728

120,339,00

2009

399

80,862,000

Total Employment in IDA Client Companies 2009-2013

Year

No of Companies

Total Employment in IDA Client Companies

2013

1,153

166,184

2012

1,127

159,144

2011

1,088

152,176

2010

1,083

146,419

2009

1,087

144,843

Job Trends

Questions (47, 48, 49)

Bernard Durkan

Question:

47. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the most commonly identified cause of job losses in the manufacturing and services sectors here in each of the past five years to date; and if he will make a statement on the matter. [44741/14]

View answer

Bernard Durkan

Question:

48. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which he continues to monitor the cost base in the services and manufacturing sectors here in each of the past five years to date; and if he will make a statement on the matter. [44742/14]

View answer

Bernard Durkan

Question:

49. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which technology and innovation have featured in job creation in the indigenous manufacturing and services sectors and the foreign direct investment sector; the extent of the job creation involved in each of the past four years to date; and if he will make a statement on the matter. [44743/14]

View answer

Written answers

I propose to take Questions Nos. 47 to 49, inclusive, together.

As a small open economy, Ireland is impacted by global economic cycles and shifts in competitiveness worldwide. In the case of manufacturing, lower labour costs in Asia have, for many years had a significant impact on the production of lower value goods with high labour element, but Government policy has pursued the development of higher value areas. In fact since the advent of the recession, Ireland’s competitiveness has improved, as shown by our rise in International rankings, as various costs have been reduced. While some of the specific data sought by the Deputy in his questions is not available in the precise format requested, overall trends are very positive. The Annual Forfás Employment Survey shows a rise in employment in Agency supported manufacturing companies of over 3,300 since 2011. The latest data for Agency–supported Internationally Trading Services companies show a rise of over 14,000 in the same period. Other Services sectors in the domestic economy have shown significant growth in employment in recent years.

Manufacturing encompasses a broad range of sub-segments that present considerable opportunity for growth. Developing manufacturing has been adopted as a Disruptive Reform in the Action Plan for Jobs 2014, with a range of measures designed to support industry growth including encouraging entrepreneurship, further improving our skills base, improving access to finance by SMEs and supporting a range of indigenous and foreign-owned manufacturing companies to transform their businesses as part of a National Step Change Initiative. The Manufacturing Development Forum is helping to address the key issues arising from the Manufacturing Strategy recommendations.

Services encompasses a diverse range of activities - there is a complex mix of high value added internationally traded activities such as software, financial services and customer support services as well as more labour intensive (primarily) locally trading sectors such as retail, logistics, professional services and a range of private and public sector delivered healthcare, education and transport services.

The Government have made great strides in addressing various issues impacting on costs for business over recent years and we will continue to carry out analysis on the various factors impacting on the cost base of all sectors, including manufacturing and services. Maintaining and improving our competitiveness is an ongoing priority.

Innovation is a key characteristic of growing companies in both the Manufacturing and Services sectors. Enterprise Ireland, IDA and Science Foundation Ireland, provide a range of innovation and technology development programmes that deliver financial, technical and experiential support. By way of illustration, in 2013 SFI had links to 65 per cent of the jobs announced by the IDA in fields covered by SFI’s legal remit.

The importance of innovation and technology to Ireland’s on-going and future economic recovery is well recognised by the Government as being crucial to growth in both our indigenous and FDI sectors. Evidence, from both the EU and internationally, shows that the Government’s strategy of accelerating the economic and societal return on our Science Technology and Innovation investment is paying off. While is it not possible to fully disaggregate the contribution of Innovation and Technology to job creation, all the evidence is that it is very significant, as Ireland moves up the value chain and exploits our competitive position in knowledge based activity. We have actively pursued the availability of EU funding for Research and Innovation and, in particular, we will ensure we will access significant funding from the new EU Horizon 2020 Programme to further enhance Irish business capability.

Measures designed to support industry growth are set out in the Action Plan for Jobs 2014 and include encouraging entrepreneurship and supporting start-up activity, further improving our skills base, assisting our businesses to grow, improved access to finance by SMEs and developing and deepening opportunities from global investment. Work is currently underway to draft our 2015 Action Plan for Jobs.

Economic Competitiveness

Questions (50)

Bernard Durkan

Question:

50. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which this country continues to remain competitive and attractive for foreign direct investment and indigenous investment; and if he will make a statement on the matter. [44745/14]

View answer

Written answers

We are continuing to make progress as a country in improving our international competitiveness, towards the Government’s objective of being the best small country in the world in which to do business. Since 2011, Ireland’s international competitiveness rankings in both the IMD and WEF competitiveness reports has improved – from 24th to 15th in the IMD’s World Competitiveness Yearbook, and from 29th to 25th in the WEF Global Competitiveness Report. In the World Bank’s Doing Business 2015 report, Ireland is ranked 13th out of 189.

According to the WEF, Ireland ranks ahead of other advanced countries in categories such as Institutions (e.g., rule of law, corporate governance, etc.), Labour Market Efficiency, and the Goods Market category (e.g. presence of competition, taxes, etc.). Irish scores are weakest in the 'Macro-Economic Environment' category which is driven by Government debt and borrowing. Market size and access to funding are also somewhat weaker. These weaknesses are being addressed through Government macro-economic policies and the on-going focus on improving the performance of financial institutions. Ireland’s positive and improving business environment was noted in the European Commission’s Member States’ Competitiveness Report (published 11 September 2014).

All of these factors reflect Ireland’s enduring strength as an investment location. This strength is reflected in the performance of firms supported by the Enterprise Agencies – for example, total permanent, full-time employment in agency-assisted companies in the industrial and services sectors amounted to 303,155 in 2013, an increase of 8,579 jobs on 2012 employment.

Foreign Direct Investment has been buoyant so far this year, with IDA Ireland securing over 100 investments in the first half of 2014, up from 70 in the same period of 2013, with potential job creation of 8,000. The IDA note that 40% of the investments came from companies investing in Ireland for the first time, as Ireland’s value proposition continues to resonate with new investors. The Government has recently published a Policy Statement on FDI designed to ensure that Ireland’s inward investment offering continues to be attractive and competitive.

On the indigenous side, Enterprise Ireland had a record year for job creation and exports in 2013 and the outlook is for continued strong export growth for 2014. I recently published the National Policy Statement on Entrepreneurship in Ireland, which aims to support the creation of an additional 93,000 jobs from start-up companies in the next five years.

The APJ 2015, which is currently under development, provides further opportunity to design actions to enhance Ireland’s competitiveness, which will provide the underpinning for a continued strong investment performance.

Commercial Rent Reviews

Questions (51)

Bernard Durkan

Question:

51. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent of any evidence of continued upward only rent reviews; and if he will make a statement on the matter. [44746/14]

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Written answers

Over the course of the recession, there was a significant reduction in rents. For example, the National Competitiveness Council note that office rents in Dublin on new leases fell by 28 per cent between 2008 and 2013 considerably improving the cost competitiveness of high spec commercial rental vis-à-vis other international cities. Prime high street rents have also come under downward pressure over recent years.

The resumption of economic growth and related upswing in activity has, however, seen commercial rental prices begin to increase once again. This is particularly the case in relation to the market for commercial office space, which may reflect a lag in the development of well located, high quality premises.

As with all cost factors, it is important that we remain vigilant and carefully monitor Ireland’s international cost competitiveness.

In relation to the matter of upward only rent reviews, despite extensive consideration, it has not proved possible to develop a targeted scheme to tackle upward only rent reviews in existing business leases that would not be vulnerable to a legal challenge or require compensation to be paid to property owners. This is based on advice from the Attorney General. The situation has not changed since the receipt of the advice of the Attorney General and, as has been indicated in replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision which was taken in 2011.

Animal Feedstuffs

Questions (52)

Terence Flanagan

Question:

52. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine his views on correspondence (details supplied) regarding health and safety; and if he will make a statement on the matter. [44735/14]

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Written answers

The EU Animal By-Products (ABP) Regulation 1069 of 2009 allows the possibility of feeding raw meat to dogs under a number of headings.  For instance, meat from slaughterhouses that was passed fit for human consumption but is unwanted for commercial reasons can be used to produce raw petfood, subject to certain conditions.

Raw pet food originating from retail shops, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot, is outside the scope of the Regulation.

In addition the derogation under Article 18(1)(f) allows specified categories of ABP to be fed to dogs from recognised kennels and packs of hounds; and the derogation under Article 18(1)(g) allows the same for dogs in shelters. A Meat Feeders Licence issued by my Department is required to purchase this product from certain authorised centres.

Agriculture Scheme Payments

Questions (53)

Éamon Ó Cuív

Question:

53. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment will issue under the 2014 disadvantaged areas based scheme and single farm payment scheme in respect of a person (details supplied) in County Galway; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [44557/14]

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Written answers

An application under the 2014 Single Payment/Disadvantaged Areas scheme was received from the person named on 18 March 2014. Processing of this application has recently been finalised and payment under the Disadvantaged Area Scheme will issue directly to the nominated bank account of the person shortly. The advance payment of the Single Farm Payment was issued to the applicant on 16 October 2014.

Agriculture Scheme Payments

Questions (54)

Noel Harrington

Question:

54. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the position regarding farm payments for 2014 in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [44562/14]

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Written answers

An application under the 2014 Single Payment/Disadvantaged Areas scheme was received from the person named on 01 May 2014. Processing of this application has recently been finalised and payments under the above schemes are expected to issue shortly directly to the nominated bank account of the person named.

Agri-Environment Options Scheme Payments

Questions (55)

Michael Ring

Question:

55. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their agri-environment options scheme payment. [44583/14]

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Written answers

The person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS 2) with effect from the 1 September 2011 and full entitlements have issued in respect of the 2011, 2012 and 2013 Scheme years. AEOS payments in respect of the 2014 scheme year will commence shortly.

Single Payment Scheme Payments

Questions (56)

Éamon Ó Cuív

Question:

56. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason €548 has been deducted from the 2014 single payment scheme payment in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [44596/14]

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Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 12 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue. The application of the person named was selected for a ground eligibility inspection.

This inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of these schemes, this resulted in payment under the 2014 Single Farm Payment Scheme being based on the found area having been reduced by double the difference between the area found and the area declared.

The person named was notified of this decision on 21 October 2014. The person named was also informed of the right to seek a review of this decision. In the event that the person named is dissatisfied with the outcome of any such review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.

Payment, on the basis set above, of the advance payment under the 2014 Single Payment Scheme issued to the nominated bank account of the person named on 28 October 2014.

Disadvantaged Areas Scheme Payments

Questions (57)

Éamon Ó Cuív

Question:

57. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason a payment of only €260 has issued under the 2014 disadvantaged areas based payment to a person (details supplied) in County Galway; the reason no payment was made to this person under the 2013 disadvantaged areas based scheme; and if he will make a statement on the matter. [44597/14]

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Written answers

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that one of the land parcels declared by the person named contained ineligible features. In view of the level of over-claim and in order to ensure that the areas deemed ineligible were valid, my Department undertook a ground verification check on the holding of the applicant. This check was carried out on 3 March 2014. The verification confirmed the 2013 area over-declaration as 54% in the case of both the Single Farm Payment and the Disadvantaged Area Schemes applications. As the level of over-claim determined was greater than 20% of the eligible area in respect of both schemes, unfortunately, no payment is due to the person named under the 2013 Single Payment and Disadvantaged Area Schemes. The person named had already received a payment of €153.16 on 16 October 2013 under the 2013 Single Farm Payment Scheme, which will be offset against a future payment made by my Department as no payment is due under the 2013 Scheme.

The person named was informed of the outcome of the verification check on 16 May 2014. The applicant was also informed at that time that the findings of the verification check could be appealed to the independent LPIS Appeals Committee, within 3 months of the notification letter. To date no such appeal has been received.

An application under the 2014 Single Payment Scheme was received in my Department from the person named on 2 May 2014. Following processing an area over-declaration was disclosed in respect of one land parcel. This over-declaration exceeded 3% of the eligible area and, therefore, resultant payment was reduced accordingly as outlined in the Terms and Conditions. My Department corresponded with the person named regarding this matter. To date no request for a review of its decision has been received.

Single Payment Scheme Applications

Questions (58)

Tom Fleming

Question:

58. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will review the application for single farm payment and disadvantaged areas aid payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44616/14]

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Written answers

An application under the 2014 Single Payment/Disadvantaged Areas scheme was received from the person named on 23 April 2014. Processing of this application has recently been finalised and any outstanding payments under the Disadvantaged Areas Scheme are expected to issue shortly directly to the nominated bank account of the person named. The 50% advance payment under the Single Farm Payment issued directly to the nominated bank account of the person named on 4 November 2014.

Agriculture Scheme Penalties

Questions (59)

Seán Kyne

Question:

59. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the number of hectares a person (details supplied) was deemed to be over-claiming; the penalty that ensued; the deduction that was taken in 2014 for their 2013 single payment scheme and their 2013 disadvantaged areas scheme payment; the eligible area used for their 2014 SPS and DAS; and if a ground inspection has taken or will take place. [44617/14]

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Written answers

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of the parcels declared by the person named contained ineligible features. Following the review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground is now necessary. The person named will be advised, in writing, of the findings of the verification visit as soon as possible following the visit. In the event that the person named is dissatisfied with the outcome of this verification check, the decision can be appealed to the independent LPIS Appeals Committee, within four weeks of the notification letter.

On-farm Investment Schemes

Questions (60)

Dan Neville

Question:

60. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine if he will review an application for a grant for a compressor in respect of a person (detail supplied) in County Limerick; and if he will make a statement on the matter. [44646/14]

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Written answers

The application has been reviewed in this case and my officials have been in contact with the applicant advising him to resubmit an amended application form and revised costings for a compressor.

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