Written Answers Nos. 210-224
210. Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform if his Department, or any agency of his Department, have awarded any contracts to a company (details supplied) since 9 March 2011. [45351/14]
View answerIn response to the Deputy's question I can confirm that neither my Department nor any Agency under my remit awarded contracts to the company you mentioned since March 2011.
211. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he has sought the inclusion of inter-state dispute settlements in the transatlantic trade and investment partnership agreement; and if he will make a statement on the matter. [44404/14]
View answerThe 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 was adopted by the EU Council of Ministers on 14 June, 2013. The text of the mandate is available on the EU Council’s website.
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/145014.pdf
Paragraphs 22 and 23 of the mandate set out the parameters of the negotiating mandate insofar as investment protection including investor state dispute settlement are concerned.
The stated aim of negotiations on investment is to negotiate investment liberalisation and protection provisions on the basis of the highest levels of liberalisation and highest standards of protection that both sides have negotiated to date.
The mandate makes it clear that the inclusion of investment protection and investor-to-state dispute settlement will depend on EU interests being met and on the final balance of the Agreement. Importantly, the mandate states that the objectives of any investment protection provisions would be without prejudice to the right of the EU and the Member States to adopt and enforce measures necessary to pursue legitimate public policy objectives such as social, environmental, security, stability of the financial system, public health and safety in a non-discriminatory manner.
The mandate for provisions on enforcement of the investment protection provisions states that the Agreement should aim to provide for an effective and state-of-the-art investor-to-state dispute settlement mechanism, providing for transparency, independence of arbitrators and predictability of the Agreement, including through the possibility of binding interpretation of the Agreement by the Parties.
The mandate clearly states that an investor-to-state dispute settlement mechanism should contain safeguards against manifestly unjustified or frivolous claims. It also states that consideration should be given to the possibility of creating an appellate mechanism applicable to investor-to-state dispute settlement under the Agreement, and to the appropriate relationship between ISDS and domestic remedies.
It also states that state-to-state dispute settlement should also be included in the Agreement, but without prejudice to the right of investors to have recourse to the investor-to-state dispute settlement mechanisms.
I have indicated in replies to previous Parliamentary Questions that I believe that ISDS is a valid mechanism. But I also believe that the experience of ISDS internationally has given rise to concerns and shows us there is room for much improvement in how the system works.
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.
212. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation when the Companies Bill 2012 will be enacted. [45023/14]
View answerThe Companies Bill 2012 completed Report and Final Stages in the Seanad on 30 September 2014. “Report Back” to the Dáil on the Seanad amendments is expected in early December. The Bill is expected to be enacted by the end of 2014 with commencement from the 1st June 2015.
213. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on a recent company takeover (details supplied); if he or IDA Ireland has been in contact with company management in relation to its employment plans; and if he will make a statement on the matter. [45080/14]
View answerAllergan have a major plant in Westport Co. Mayo, providing very significant employment there. The Government is very committed to supporting this facility.
There have been some very significant mergers and acquisition in the Pharmaceutical sector over recent years, which are an ongoing feature of that industry at present. It was recently publicly announced that Allergan is being acquired by Actavis Plc. Actavis is already a key client of IDA Ireland and once this acquisition is completed, and following the already completed acquisitions of Forest Labs and Warner Chilcott, the company will now employ over 1,600 people in Ireland.
Senior executives from IDA Ireland will be meeting with Senior Management of Actavis very shortly and they will emphasise the importance of regional investments in manufacturing, such as Allergan provides in Westport and will also reinforce IDA’s intention to continue to work closely with the company in the future, in order to ensure that all the Irish operations remain competitive.
IDA Ireland is aware of the ongoing requirements to secure and embed employment in Allergan’s Westport facility and in this respect the $350M expansion (announced in 2012) of its Botox manufacturing facility there is now very near to completion. This strategic investment by the company will expand its capacity into the highly specialised area of “aseptic” manufacturing. Allergan has made investments, with support from my Department, through the IDA, to build upon its excellent track record in this area and it is likely that Actavis will be keen to maximise the utilisation of this highly specialised capacity into the future. It will be particularly important for Actavis to have the capacity to supply the ongoing growth in sales of Botox and produce other biologic products which are in the pipeline, which require aseptic manufacturing.
214. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will amend the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 to provide that workers who do not want to transfer and instead remain employed with the transferor, and where the transferor has no alternative position to offer the employee and as a result the employee would be redundant and the transferor will be liable for that redundancy, or in the case of insolvency the employee would be entitled to access their statutory entitlements; and if he will make a statement on the matter. [45145/14]
View answerI have no plans at this time to amend the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, Statutory Instrument (S.I.) No. 131 of 2003 which give effect in Irish law to the European Directive on Transfer of Undertakings (EU Council Directive 2001/23/EC of 12 March 2001). The objective of the Directive is to safeguard the rights of employees in the event of a transfer of an undertaking, business, or part of a business, to another employer as a result of a legal transfer or merger by making it possible for them to continue to work for the transferee under the same conditions as those agreed with the transferor.
Case law has clarified the legal position in Ireland in relation to an employee who does not want to transfer to the transferee.
Regulation number 6 of S.I. No. 131 of 2003 provides that the contractual rights of employees do not transfer where the original employer is subject to proceedings whereby he may be adjudicated bankrupt, or wound up for reasons of insolvency, by order of the High Court. However, it further provides that if the sole or main reason for the institution of bankruptcy or insolvency proceedings is the evasion of an employer’s legal obligations under the Regulations, then the Regulations apply to a transfer effected by that employer.
It is a matter for a Rights Commissioner or (on appeal) the Employment Appeals Tribunal to interpret the provisions of the Regulations as they apply to any particular employment situation.
As the Deputy is aware, my colleague, An Tánaiste and Minister for Social Protection, Joan Burton, has responsibility for the Redundancy Payments Acts 1967-2014 and the Protection of Employees (Employers’ Insolvency) Acts.
215. Deputy Billy Kelleher asked the Minister for Jobs, Enterprise and Innovation regarding the accelerate programme offered by the local enterprise offices and previously the county enterprise boards the number of times and the locations that the accelerate programme was run in 2013; the number of participants who took part in each programme and in total; the average cost of delivering each programme; the evaluation of the programme and its impact in 2013 that has been undertaken and published; the number of times the programme has been run to date in 2014; and if he will make a statement on the matter. [45249/14]
View answerThe aim of the Accelerate Management Development programme administered by the Local Enterprise Offices (LEOs) is to provide owner/managers with the management, leadership, business skills and knowledge to achieve sustainability and growth in their business. The programme helps participants to address their business challenges effectively and to develop and grow their business.
Through the Programme, LEO clients gain a greater understanding of:
- Customer value proposition and future growth challenges
- Marketing their business
- Continuous improvement
- Developing the business owner/manager and their entrepreneurial capabilities
- Sales and selling techniques
- Managing finances
- Developing their business needs.
The programme is delivered over a six to nine month timeframe by the LEOs (comprising of seven workshops and six mentor consultations).
The Accelerate programme was delivered by 19 LEOs (then City and County enterprise Boards) during 2013: Carlow, Cavan, Clare, Cork City, Cork North, Cork South, Cork West, Donegal, Dublin City, Dublin South, Dun Laoghaire Rathdown, Fingal, Kilkenny, Limerick County, Louth, Meath, Monaghan, Tipperary North and Tipperary South. Some of these programmes were delivered on a regional basis, e.g., Carlow/Kilkenny and some ran more than one programme, e.g., Dublin region undertook three programmes. In 2014 to date, the Accelerate was run in by the following LEOs: Cork City, South Cork, Dublin region, Longford and Leitrim, Louth, Waterford City & County and Westmeath.
On average there are 12 participants on each Accelerate programme. Over 200 participants completed the Accelerate programme during 2013 with some additional stand-alone modules also undertaken.
The total cost of providing a complete Accelerate programme is €17,000, which covers all training and mentoring costs for up to 12 participants. At just over €1,400 per participant this fee covers all workshops, six one-to-one mentor sessions and Accelerate materials, including a manual and all PowerPoint hand-outs, etc. Participants generally pay a fee to participate (on average €300-€400). Costs may be shared across a number of LEOs depending on the numbers participating in the programme.
An internal evaluation of Accelerate is conducted routinely, with feedback on each programme module and an overall evaluation conducted at the close of the programme with each participant. The LEO Centre of Excellence at Enterprise Ireland is scheduling a comprehensive value for money and impact analysis on the Accelerate programme in 2015.
216. Deputy Billy Kelleher asked the Minister for Jobs, Enterprise and Innovation the number of the 150 jobs announced by a company (details supplied) for County Mayo in November 2013 now in place; and if he will make a statement on the matter. [45271/14]
View answerThis company is not a client company of IDA Ireland as its business activities involve servicing the Irish market. I understand that the company is in the process of securing new premises in Castlebar and hopes to move in there shortly. The company has confirmed that they are commencing a recruitment process before Christmas, with a view to having the first of these additional new staff in place early in the New Year. They envisage a gradual build-up of employee numbers over the next two years.
217. Deputy Billy Kelleher asked the Minister for Jobs, Enterprise and Innovation if his Department, or any agency of his Department, have awarded any contracts to a company (details supplied) since 9 March 2011. [45349/14]
View answerNo contracts have been awarded by my Department to the named company since 9 March 2011.
I have received responses from all of the Agencies under the aegis of my Department, with the exception of the Local Enterprise Offices, and these Agencies have confirmed that no contracts were awarded by my Department or any Agency of my Department to the named company since 9 March 2011.
The 31 Local Enterprise Offices are currently pursuing the Question raised by the Deputy, but in the time available since this Question was tabled, the Local Enterprise Offices have not yet finalised their search.
Once a response has been received from the Local Enterprise Offices, this information will be forwarded to the Deputy.
218. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a report (details supplied) by the Commission for the Economic Development of Rural Areas; and if he will make a statement on the matter. [44996/14]
View answerQuite significant efforts are being made to progress the implementation of the report of the Commission for the Economic Development of Rural Areas (CEDRA) which was launched in April 2014.
Following its launch, the Government appointed Ann Phelan, T.D. as Minister of State with specific responsibility for implementation of the CEDRA report in July of this year. As the deputy is aware, CEDRA is a broad multi-sectoral report containing 34 recommendations on actions to be taken on areas as diverse as investment and finance, local enterprise support, community capability building, social enterprise, broadband, roads, water, rural transport, artisan foods, creative industries, tourism & recreation, marine and renewable energy.
Its effective implementation requires an integrated response from a wide variety of agencies, so to assist her in her work, Minister Phelan established a high level Inter-Departmental Group (IDG) involving all the main departmental actors dealing with CEDRA recommendations. There have been two meetings of this group with the third scheduled for December. To date, an initial evaluation of each recommendation has been completed, lead responsibility for all actions has been assigned in line with statutory responsibility and a multi-sectoral CEDRA work programme with specific actions and timelines, up to end 2015 is being finalised.
Finally, besides coordinating the implementation of the multi-sectoral CEDRA programme, Minister Phelan is in the process of identifying a few priority proposals to support the economic development of rural communities. To help stimulate these proposals, an allocation of €1 million has been provided in the 2015 budget for a Rural Innovation and Development Fund to support innovative and small scale pilot initiatives under the CEDRA report. Work on these proposals is progressing well and will be brought to forthcoming CEDRA meetings.
219. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine the action he will take to address the calls from groups such as Irish Wildlife Trust, BirdWatch Ireland, Coastwatch and numerous other agencies to ban tangle nets from inshore fishing here as they are causing indiscriminate capture of marine life including critically endangered species such as angel sharks and protected species such as whales; and if he will make a statement on the matter. [44794/14]
View answerIn Irish waters, tangle nets have primarily been used to target crawfish stocks. The use of tangle nets to fish for crawfish is prohibited in two specified areas off the coasts of Kerry and Galway by the Crawfish (Fisheries Management and Conservation) Regulations 2006 (S.I. 233 of 2006). An incentive based approach, to encourage more environmentally sustainable fishing, is also in place. Funding supports through an Bord Iascaigh Mhara encourage the use of selective fishing methods and gears and the adoption of responsible fishing practices to reduce discarding and bycatch.
In relation to species protected under the Habitats Directive, the Marine Institute has undertaken a programme of risk assessment of sea-fishing activities right around the Irish coast to assess the degree of risk, if any, to species and habitats designated or listed in the Annexes of the Directives. The risk assessment has been undertaken in accordance with guidance from the European Commission. Ireland has committed in the Programme of Measures, submitted to the Commission, to respond to identified risks on a prioritised basis. Further consideration of potential measures and outcomes is necessary.
In May of this year, I announced the establishment of the National Inshore Fisheries Forum and its network of Regional Inshore Forums. The Forums provide inshore fishermen with their own space to convene and discuss issues, develop coherent, widely supported proposals, and bring forward common initiatives. The purpose of the Forums is to facilitate the development of policies and initiatives relating to the sustainable management of inshore fisheries within six nautical miles. Regional Inshore Forums have been set up in each of the six FLAG (Fisheries Local Action Group) regions. The membership of the Forums includes fishermen as well as other marine stakeholders, such as environmental interests, to ensure that there is balanced consideration of proposals.
220. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding repayment of back money in the rural environment protection scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44796/14]
View answerThe repayment in question refers to a debt incurred under the Organic Farming Scheme. In this case, the eligible area was less than that claimed for by the person named which resulted in an over payment which needs to be recovered. Due to the extenuating circumstances outlined however, the person named may contact the Organic Unit of my Department and arrange repayment of the amount owed by instalments. In accordance with the governing regulation, interest will continue to be charged until the amount owed is received in full.
221. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a census application in respect of a person (details supplied) in County Kerry; if the person will receive payment; and if he will make a statement on the matter. [44801/14]
View answerAn application under the 2014 Single Payment/Disadvantaged Areas scheme was received from the person named on 12 May 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.
222. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine if hotel waste can in any circumstances be fed to pigs; and if he will make a statement on the matter. [44833/14]
View answerAnimal by-products (ABP) are defined as entire bodies or parts of animals, products of animal origin or other products obtained from animals which are not intended for human consumption. and are a potential source of risk to public and animal health. Because of the associated risk and to protect both human and animal health, the use of ABP is covered by comprehensive EU Regulations (Nos. 1069 of 2009 and 142 of 2011). These Regulations ensure that ABP is disposed of safely and that controls are implemented to ensure this material is not illegally diverted back into the human food chain or animal feed chain.
Under the EU Regulations, ABP includes catering waste i.e. all waste food, including used cooking oil, originating in restaurants, catering facilities and kitchens, including central kitchens. This includes hotel food waste. Article 11(1)(b) of Regulation 1069/2009 specifically prohibits the feeding of farmed animals with catering waste or with feed material containing or derived from catering waste.
The original ban on feeding catering waste (also known as ‘swill’) to farmed animals was introduced in 2001 to mitigate risk following the UK Foot and Mouth disease outbreak. The feeding of food waste to animals is a risk factor in diseases such as Foot and Mouth Disease or Classical Swine Fever. The adverse economic consequences of such an outbreak on the island of Ireland would of course be hugely significant.
For these reasons, under the relevant EU Regulations, hotel waste can not in any circumstances be fed to pigs.
223. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when headage and single farm payments will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [44840/14]
View answerThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 29 April 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.
The EU Regulations also require that where it is not possible to make an accurate determination on the eligibility of a parcel or parcels of land by means of an assessment of the available satellite imagery, a field inspection must be undertaken to verify the eligibility of the land.
The application of the person named was selected for a Remote Sensing inspection. Initial processing of this inspection identified a requirement to verify the eligibility of land declared by means of a field inspection.
On completion of this inspection the results will be finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.
224. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment and area aid payment in respect of a person (details supplied) in County Mayo; if he will expedite same; and if he will make a statement on the matter. [44866/14]
View answerThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 7 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.
The EU Regulations also require that where it is not possible to make an accurate determination on the eligibility of a parcel or parcels of land by means of an assessment of the available satellite imagery, a field inspection must be undertaken to verify the eligibility of the land.
The application of the person named was selected for a Remote Sensing inspection. Initial processing of this inspection identified a requirement to verify the eligibility of land declared by means of a field inspection.
On completion of this inspection the results will be finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.
