Written Answers Nos. 243-259
243. Deputy Áine Collins asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 195 of 18 November 2014, if he will indicate where the posts were advertised; and the procedure for applicants. [46316/14]
View answerRecruitment of established civil servants is carried out by the Public Appointments Service (PAS). This is done through the website www.publicjobs.ie where potential applicants can register and be notified of competitions. PAS would also advertise through the national press.
For state industrial (including seasonal) posts, these are advertised on the OPW website www.opw.ie, in the national press and in the relevant regional publication depending on the geographical location of the post being recruited. Applicants are directed to the procedures as part of the advertisement.
All competitions are run in line with the Commission for Public Service Appointments guidelines.
244. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will identify the Minister of State with responsibility at the EU for the small and medium enterprise sector here. [45787/14]
View answerThe Minister of State assigned to my Department, with responsibility for the small and medium enterprise sector is Mr. Ged Nash T.D., Minister for Business and Employment. Along with a range of functions relevant to his responsibilities in the area of small business and employment, Minister Nash acts as Ireland’s EU Small and Medium Enterprise Envoy.
245. Deputy Eoghan Murphy asked the Minister for Jobs, Enterprise and Innovation the number of companies that have started here or expanded-moved here over the past three years as a direct result of Government and State agency contacts made during the Dublin Web Summit. [45877/14]
View answerIn November 2014 over 20,000 people travelled from across the globe to attend the Dublin Web Summit where over 300 speakers took part across multiple stages, workshops and roundtables. This was Europe’s largest Tech Conference and was a significant event from the perspective of the enterprise development agencies under the aegis of my Department IDA Ireland and Enterprise Ireland. Many of the agencies’ target client companies attend the Summit. During the course of the 2014 Web Summit over 400 FDI jobs were announced in 8 technology firms in Dublin, Cork and Galway across a number of sectors including social media, software development and digital marketing. Indeed since 2010, over 100 high growth global companies have set up in Ireland, working in close collaboration with IDA Ireland. In relation to companies that are supported by Enterprise Ireland, I am informed by that agency that it has recently decided to invest in a company which it met at the summit three years ago. Additionally the agency continues to be in discussion with other companies which it met at previous summits. Details of the investment and the companies have not yet been announced, and I’m sure that the Deputy will appreciate that it would inappropriate for me to go into further details at this stage.
Suffice to say, however that there is often a long lead in time between initial contacts by the enterprise development agencies and the coming to fruition of a project. As the web summits have grown in size future relocations and referrals are expected to grow. I have no doubt that the contacts made at this years and previous year’s web summits will continue to lead to jobs growth and investment in the years ahead.
246. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the full time equivalent staff numbers that will be employed by Enterprise Ireland following the proposed voluntary redundancy scheme; and if he will make a statement on the matter. [45889/14]
View answerThe current Enterprise Ireland whole time equivalent staff number is 725 which includes overseas staff who are excluded from the Voluntary Leaving Programme (VLP). The Irish based whole time equivalent staff number is currently 633 and the maximum number of exits under the Voluntary Leaving Programme is 55. Assuming the maximum potential number of staff leave under the VLP this would leave an Enterprise Ireland staff compliment of 578 Irish based staff. In addition to this number my Department has sanctioned up to 21 further posts to enhance the skills base in Enterprise Ireland so that the agency is equipped to deliver a suite of programmes aimed at growing Irish indigenous companies and exports by competing in the rapidly evolving markets, technologies and ways of doing business across the globe.
247. Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation his views on the investor State dispute resolution institution proposed under the Transatlantic Trade and Investment Partnership; his further views at the potential for such an institution to put corporate interests above the legal institutions of the Irish State; his plans to deal with such a possibility; and if he will make a statement on the matter. [45972/14]
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.
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 earlier this year decided to conduct a formal public consultation on ISDS in TTIP, and negotiations on ISDS under TTIP have been suspended since then. The formal consultation closed in July, and the EU Commission is now examining the submissions received. The EU Commission’s preliminary report can be found at:
http://trade.ec.europa.eu/doclib/docs/2014/july/tradoc_152693.pdf .
Ireland was one of a number of EU member states that wrote to the new EU Commissioner for Trade, Cecelia Malmstrom, 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.
248. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on the latest quarterly decline in average earnings and hours worked; his plans to address the consequent decline in living standards; and if he will make a statement on the matter. [46175/14]
View answerIt is not correct to state that the number of average hours worked has decreased. According to the CSO Quarterly Earnings and Labour Costs release of 25th November 2014, average weekly paid hours increased by 0.3% over the Quarter and by 0.6% over the year. There was a fall in average weekly earnings of -1.9 % over the Quarter and by -0.8 % over the year. Across the economic sectors, weekly earnings increased in 6 of the 13 sectors, most notably in Industry (+3.4%), Construction (+0.2%), in Wholesale and Retail trades (+1.6%) and in the Transportation and Storage (+0.2%), which combined account for 710,000 of those at work. The largest percentage sectoral decrease was recorded in the Professional, Scientific and Technical activities sector, which fell by -5.3%. At the same time, this economic sector experienced one of the largest quarterly employment increases in the latest QNHS - an increase of +5%. It may be that this additional employment comprised newer entrants with relatively lower entrant earnings levels and that this has contributed to the lowering of the average weekly earnings levels in this economic sector. It will require analysis of a number of further QNHS releases to clarify this. In itself therefore, this decrease in average earnings may partially the result of a positive employment recruitment trend.
The Government is undertaking a number of initiatives to sustain and grow living standards. Following measures introduced in Budget 2015, from January 2015 the standard rate tax band will increase by €1,000: from €32,800 to €33,800 for single people and from €41,800 to €42,800 for married couples with one income. The higher rate of income tax will reduce from 41% to 40%. The Budget also reduced the two lower rates of USC from 2% and 4% to 1.5% and 3.5%, respectively. And increased the threshold before which the 7% rate of USC becomes payable to €17,576, so that those on the minimum wage will now only be liable to a maximum 3.5% rate of USC.
The national minimum wage in Ireland is considered to be relatively high by international standards. The most recent figures published by EUROSTAT show that Ireland’s rate is the fourth highest among the 21 EU member states that have a national minimum wage. When the cost of living is taken into account, Ireland’s rate is the fifth highest. The decision to restore the national minimum wage to €8.65 per hour, after the cut by the previous Government, with effect from 1 July 2011, together with the decision to put the joint labour committees, JLC, system on a more secure legal and constitutional footing and reinstate a robust system of protection, represents a significant commitment by this Government to protect the lowest paid and most vulnerable workers.
In addition to Ireland's national minimum wage, JLC and REA structures, we have a system of supports through the Department of Social Protection supporting low income families.
The Statement of Government Priorities 2014-2016 contains a commitment to establish a low pay commission on a statutory basis as an independent body to make annual recommendations to the Government about the appropriate level of the national minimum wage and related matters. I am currently developing proposals to implement that commitment.
However, as noted above, it is the creation of employment that offers the greatest potential to enhance our living standards. Implementation of the Action Plan for Jobs and the development of the 2015 plan are critical in this regard.
249. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his estimate of the value of the market for gift vouchers here; the legislative protection that governs such vouchers; his plans to review the regulations in this regard; and if he will make a statement on the matter. [46176/14]
View answerAs gift cards and vouchers are offered by thousands of businesses, large and small, it is difficult to make a precise estimate of the value of the market for gift cards and vouchers. I am aware that, in a statement issued in November 2013, the Deputy put the annual value of the gift card industry at €250 million, but I do not know the basis for this estimate. The figure is clearly substantial, however, given that a survey of over 1,000 consumers undertaken for the National Consumer Agency in November 2013 found that around half of consumers planned to purchase gift vouchers or cards as Christmas presents that year and that the average intended spend per consumer on these products was €174. Though there are no specific legislative provisions governing gift cards and vouchers, businesses supplying these products are subject to general consumer protection legislation.
The European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995) provide protections for consumers against any term in a contract concluded between a seller of goods or supplier of services and a consumer which has not been individually negotiated and which causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer. The Consumer Protection Act 2007 protects consumers from unfair, misleading or aggressive commercial practices by traders, such as false or misleading information about the terms of use or date of expiry of gift vouchers. The European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013) impose an extensive range of information obligations on traders who sell gift cards or vouchers, whether on an on-premises, off-premises or distance basis.
The Regulations also give consumers who conclude contracts for the purchase of gift cards or vouchers on an off-premises or distance basis the right to cancel the contract within fourteen days of its conclusion. This right may not apply, however, to gift cards and vouchers for non-residential accommodation and catering and leisure services where the contract provides for a specific date or period of performance.
In view of the maximum harmonisation nature of Directive 2005/29/EC on Unfair Commercial Practices, it would not be possible to introduce legislative provisions regulating the expiry date or other terms and conditions of gift vouchers within the framework of unfair commercial practices law as given effect in the Consumer Protection Act 2007.
Though such regulation may be possible within the framework of the legislation on unfair terms in consumer contacts, a number of issues around such regulation require consideration and clarification. My Department is currently reviewing this legislation as part of a wider review of consumer contract rights law, and I have asked that possible provisions to regulate the expiry date and other terms and conditions of gift cards and vouchers be examined as part of this review.
250. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the position regarding the commencement of the new Companies Act; the main changes; and if he will make a statement on the matter. [46228/14]
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 mid-December. The Bill is expected to be enacted by the end of 2014 with commencement from the 1st June 2015. The main changes contained in the Companies Bill, 2012 are:
- The private company limited by shares (LTD) will have the same legal capacity as a natural person.
- The LTD will be allowed to have only one director.
- The LTD will have a single-document constitution.
- The LTD will no longer be obliged to go through the formality of holding a “physical” Annual General Meeting (AGM) whereby all of the members have to convene in one location at the same time once each year. The Bill allows the members to instead hold a “written” AGM, whereby all of the matters which must be dealt with at the AGM can be approved by written procedure.
- Directors' duties are codified in the Bill, thereby making the law in this area more transparent and accessible. Currently many of the legal and equitable duties of directors are set out over more the 150 years of case law.
- The Bill provides for a “summary approval procedure”, which will be applicable to a number of activities (for example, reduction of capital) which under the current law might require the company to undertake the burdensome and expensive process of securing Court approval. The new “summary approval procedure” incorporates safeguards in relation to directors’ liability in circumstances where the procedure is used without proper justification.
- The Bill contains a qualification regime for liquidators. In general, this will require liquidators to be a member of a prescribed accountancy body, or of the Law Society, or of any other body recognised for this purpose by the Irish Auditing and Accounting Supervisory Authority (IAASA), or to be approved individually by IAASA pursuant to the transition (or “grandfathering”) provision, based on the individual’s experience and expertise. Liquidators will now also be required to hold appropriate professional indemnity cover. This qualification regime will also be extended to examiners under the Bill.
- All offences under company law have been streamlined under a new classification procedure which operates on the basis of four categories of offences, with Category 1 being the most serious. This will bring a structure and consistency to the offence provisions throughout the legislation.
- It will be possible to merge two Irish private companies. The procedure for this is modelled on the EU Cross-Border Merger Regulations, which are regarded as relatively straightforward to operate by the business and advisory community.
- Each company type (other than the private company limited by shares, which is dealt with in Parts 1 to 15) will have its own dedicated Part of the Bill. Each of these Parts will apply, disapply or vary the default provisions as set out in Parts 1 to 15, so as to tailor the application of the law for each other type of company.
- The company types which will each have their own dedicated Part, following this structure, are as follows – designated activity companies (Part 16), PLCs (Part 17), guarantee companies (Part 18), unlimited companies (Part 19), external companies (Part 21), unregistered companies (Part 22), and investment companies (Part 24).
- Part 18 extends the availability of the audit exemption to guarantee companies, on the same basis as this is available to “normal” trading companies (private companies limited by shares). However, any one member of a guarantee company can object to the audit exemption being availed of, and in these circumstances the company will be required to proceed with an audit.
- Part 20 contains provisions which will enable a company to convert from any company type (for example, a private company limited by shares) to any other company type (for example, a PLC), subject to complying with the requirements for the company type to which it wishes to convert.
- Part 21 contains a streamlined regime for external companies operating in Ireland. The previous “place of business” concept from the Companies Act 1963, which was problematic in certain respects in its operation, is not being carried forward in the Bill. All external companies will now have the single option of registering as a “branch” in Ireland, which is a concept under EU law (and which Ireland is accordingly obliged to provide for) and which offers greater clarity and structure.
- Part 23 contains the provisions that apply to companies whose shares are traded on a stock exchange, including provisions in relation to what is known as “Markets law”. This includes provisions dealing with public offers of securities (including prospectus law), market abuse law, corporate governance statements for traded companies, and transparency law. These provisions are largely based on EU requirements in these respective areas.- Part 24 contains the provisions relevant to investment funds companies, which were previously set out predominantly in Part XIII of the Companies Act 1990. These have now been consolidated, with appropriate subsequent provisions from the 2005, 2006 and 2009 Acts in this Part.
251. Deputy Willie Penrose asked the Minister for Jobs, Enterprise and Innovation the steps he will take to approve the funding for the new business development programme for community enterprise centres as this programme is important to enable community enterprise centres to continue to make a significant impact on job creation, as they have done in the past; and if he will make a statement on the matter. [46327/14]
View answerI understand from Enterprise Ireland that since the launch of the first Community Enterprise Centre scheme in 1989, Enterprise Ireland has approved €64 million for the development of Community Enterprise Centres in towns and villages across the country. There are currently 117 such centres across the country. In addition, Enterprise Ireland provided funding of €2 million to support the recruitment of 46 Business Development Managers.
The success levels, occupancy levels and sustainability of jobs at the Centres varies and therefore I have asked Enterprise Ireland to review the operations of the Community Enterprise Centres in the context of regional enterprise development and how the Community Enterprise Centres and the Local Enterprise Offices might work more closely in support of business start-ups before giving further consideration to the matter.
There are a number of dimensions to this issue such as the role of other players such as the Local Authorities, private sector involvement and the level of supply and demand for business space in the locality.
On a wider level, the Action Plan for Jobs 2014 includes a commitment to develop a framework for Regional Enterprise Strategies that will enable us to better integrate the efforts of the enterprise development agencies and other regional stakeholders, including Community Enterprise Centres, in supporting enterprise growth and jobs in the regions. While there is already a significant amount of practical cooperation taking place at local and regional levels between many public bodies, developing a framework in which cooperation can be improved is timely.
I have been actively working on a template for the development of Regional Enterprise Strategies and it is my intention that this framework will be applied initially on a pilot basis to produce action-oriented plans to support enterprise growth and jobs in the Midlands region and the South East region. These pilots will inform any adaptations that might need to be made prior to the framework being applied to other regions. I fully expect that the existing network of Community Enterprise Centres will have a role to play in the creation and implementation of enterprise strategies in their regions.
252. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the number of State board appointments that have been made under the aegis of his Department in 2014, without being advertised; the number that have been made of persons who had not formally applied for consideration of the particular appointment; and if he will make a statement on the matter. [46549/14]
View answerSince January 2014, I have made 29 appointments to the Boards of Agencies under my Department’s remit. Of these 16 were within my discretion. A further 5 appointments were re-appointments and a further 8 were allocated under legislation to social partners, nominees of prescribed bodies and appointments on an Ex Officio basis and were not appropriate, therefore, for public advertisement. Of the 16 appointments made within my discretion, 9 submitted expressions of interest. In respect of appointments that are wholly within my discretion, my overriding priority is to appoint the best people available for particular board positions. The credentials of the appointees vary depending on the requirements of the individual posts. I am satisfied however that in all cases, they have the skills and expertise to allow them to contribute positively to the functions of their individual board.
As the Deputy will be aware the Government decided on 30 th September 2014 that all appointments (with some limited exceptions) are to be advertised in the State Boards portal, stateboards.ie, operated by the Public Appointments Service (PAS).
Appointees must also meet specific and detailed criteria determined by the relevant Minister as necessary for the effective performance of the relevant role(s) and are processed by way of a transparent assessment system designed and implemented by PAS to support the relevant Minister in making appointments to State Boards under his/her remit.
Guidelines approved by the Government on the process to be used on making applications to State Boards were issue by the Department of Public Expenditure and Reform on 27 th November 2014.
253. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a single farm payment 2014 will issue in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [45773/14]
View answerThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 7 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.
254. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the number of farmers in County Donegal who have received their 2014 single farm payment to date; and if he will make a statement on the matter. [45784/14]
View answerA total of 7,188 farmers in Donegal have received a payment so far under the 2014 Single Payment Scheme. Balancing payments commenced issuing yesterday and payments will continue to issue as outstanding cases are cleared.
255. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a dhéanfar íocaíocht faoi Scéim na Limistéar faoi Mhíbhuntáiste do 2014 le feirmeoir i gContae na Gaillimhe (sonraí leis seo); cén fáth a bhfuil moill ar an íocaíocht seo; agus an ndéanfaidh sé ráiteas ina thaobh. [45789/14]
View answerFuarthas iarratas faoi Scéim na Limistéar faoi Mhíbhuntáiste ón duine ainmnithe an 7 Bealtaine 2014. Tugadh próiseáil an iarratais chun críche le déanaí agus eisíodh íocaíocht faoi Scéim na Limistéar faoi Mhíbhuntáiste an 19 Samhain 2014, díreach chuig cuntas bainc ainmnithe an duine ainmnithe.
256. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [45790/14]
View answerThe holding of the person in question was restricted under the TB Eradication Scheme on 3 October 2014, following the identification of a reactor in the herd. Compensation in respect of that animal has already been paid on 28 November. An application has also been received from the herdowner concerned under the Hardship Grant Scheme which is designed to alleviate the additional feed costs incurred by eligible owner(s) whose holdings are restricted during the period from the 1 November to 30 April. An essential condition of the Scheme is that the holding continues to be restricted following a full herd re-test (normally scheduled 60 days after removal of reactors) and the Grant is not payable for the intervening period. In this case, the reactor re-test is due to be done between 13 and 27 December 2014 and eligibility of the applicant, taking account of all relevant criteria, will be assessed by the Department’s Regional Veterinary Office at that time.
257. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine the position regarding a 2013 disadvantaged area payment in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [45801/14]
View answerAn application under the 2013 Single Payment/Disadvantaged Area Scheme was received in my Department from the person named on 7 March 2013. A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that two 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 4 weeks of the notification letter. Payment under the 2013 Disadvantaged Areas Scheme issued to the person named on 4 March 2014, less the appropriate reduction arising from the findings of the review process. Should the appeal of the person named be successful, any balancing payments due will issue shortly thereafter.
258. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a dhéanfar íocaíocht faoi Scéim na Limistéar faoi Mhíbhuntáiste do 2009, 2010 agus 2011 agus faoin Scéim Íocaíochta Aonair do 2009, 2010, 2011, 2012, 2013 agus 2014 le feirmeoir i gContae na Gaillimhe (sonraí leis seo), cén fáth a bhfuil moill ar na híocaíochtaí seo; agus an ndéanfaidh sé ráiteas ina thaobh. [45829/14]
View answerFuair mo Roinn Probháid an duine éagtha le déanaí agus eiseofar aon íocaíochtaí amuigh chomh luath agus is féidir. Eisíodh íocaíocht dlite faoi Scéim na hAoníocaíochta agus faoi Scéim na Limistéar faoi Mhíbhuntáiste 2009 chuig an duine éagtha. Tá íocaíocht dlite d’eastát an duine éagtha maidir le 2010 agus 2011 agus chuig na daoine ainmnithe maidir leis na blianta ina dhiaidh sin.
259. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when the second tranche of the single farm payment will issue in respect of a person (details supplied) in County Galway [45830/14]
View answerUnder the rules governing the Single Payment scheme the Balancing Payments may only commence as and from 1st December of the scheme year in question. The Balancing Payment due in this case has issued directly to the nominated bank account of the person named on 1st December 2014.
