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Tuesday, 23 Jun 2015

Written Answers Nos. 300-318

Office of Public Works Properties

Questions (300)

Jim Daly

Question:

300. Deputy Jim Daly asked the Minister for Public Expenditure and Reform if he will provide a further update on the former Castletownshend Garda Station in County Cork. [25150/15]

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Written answers

As previously advised, the Commissioners of Public Works are in the process of assigning the former Garda Station at Castletownshend, Co. Cork for use by Castletownshend Community Association for community and voluntary activities.

The Chief State Solicitors Office (CSSO) who are preparing the licence which sets out the terms and conditions that are applicable to the use of a State property have now received the outstanding legal documentation from the solicitors representing this Association. It is hoped that the CSSO will be in a position to finalise this licence when the legal process is complete.

Tribunals of Inquiry Reports

Questions (301, 302)

Niall Collins

Question:

301. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the current status of the report of the Moriarty tribunal; the actions his Department is taking further to the findings of this report; and if he will make a statement on the matter. [24502/15]

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Niall Collins

Question:

302. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the actions his Department has taken, following the publication of the report of the Moriarty tribunal, to prevent the malpractices outlined from occurring again; and if he will make a statement on the matter. [24503/15]

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Written answers

I propose to take Questions Nos. 301 and 302 together.

The Second (and final) Report of the Moriarty Tribunal was published in March 2011.

The Moriarty Tribunal made a number of recommendations which relate to the responsibilities of a number of Departments.

With regard to matters that fall under my Department's responsibility, the Moriarty Tribunal made two recommendations for changes to company law, as follows:

-That a provision similar to section 172 of the UK Companies Act, 2006 be adopted, together with the adoption of additional implementation or enforcement measures.

-That consideration be given by the Oireachtas, and/or by the Company Law Review Group, to enacting provisions similar to those contained in Part 14 of the UK Companies Act, 2006, governing the control of political donations and expenditure.

The Government considered that provisions contained in Part 5 of the Companies Act, 2014 meet the objectives of the first recommendation. Part 5 introduces, for the first time in codified form, the various common law and statutory duties of company officers. The Companies Act, 2014 was signed into law by President Higgins on 23 December 2014 and it commenced on 1 June 2015.

With regard to the second recommendation above, provisions restricting corporate donations are contained in the Electoral Amendment (Political Funding) Act 2012, which comes within the remit of the Minister for the Environment, Community and Local Government.

Transatlantic Trade and Investment Partnership

Questions (303)

Thomas P. Broughan

Question:

303. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if he will report to Dáil Éireann on the most up-to-date status of the Transatlantic Trade and Investment Partnership; his plans to support this; if a new Irish Government will have the option to withdraw from partnership negotiations after the general election; if opt-out procedures for European Union states are in place; and if he will make a statement on the matter. [24736/15]

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Written answers

The last formal round of negotiations around a new EU–US Free Trade agreement, which was the 9th round, took place in New York from 20 – 24 April 2015. I detailed the outcome of this Round in response to the Dáil Question put down by the Deputy on 13 May last. The 10th round is scheduled to take place in Brussels during the week beginning 13 July 2015.

According to assessments made by the EU Commission, a comprehensive free trade deal between the EU and US could over time boost EU GDP by 0.5% per annum bringing significant economic gains as a whole for the EU. This converts into 400,000 jobs across the EU. The independent study commissioned by my Department carried out by Copenhagen Economics estimates that these benefits in Ireland will be proportionally greater than in the EU as a whole. It suggests growth in Irish exports of almost 4%, increases in investment of 1.5% and increase in real wages of 1.5%. It estimates somewhere between 5,000 and 10,000 additional export related jobs. It also suggests that Irish small and medium enterprises (SMEs) will be particular beneficiaries.

Ireland clearly has much to gain under an EU-US trade agreement. This Government, therefore, supports the EU Commission in these negotiations. The aim of the negotiations is to achieve an ambitious and comprehensive agreement contributing to growth and jobs in the EU, and this Government's aim is to get the best deal for Ireland that will deliver growth and jobs that will be for the benefit of the long term development of our country.

These negotiations between the EU and the US fall under the EU’s Common Commercial Policy. The EU Commission is negotiating on behalf of all Member States on the basis of a mandate agreed by the Council of Ministers in 2013. Ratification by Ireland of any future agreement will, in due course, be a matter for Dáil Éireann.

Company Closures

Questions (304)

Dara Calleary

Question:

304. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on the status of unsecured creditors at a company (details supplied) in Dublin 1, following liquidation; and if he will make a statement on the matter. [24741/15]

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Written answers

Section 619 of the Companies Act 2014 provides for the application of certain bankruptcy rules in the winding up of insolvent companies. The section derives from section 284 of the Companies Act 1963. Subsection (1) provides that the bankruptcy rules apply in relation to the winding up of insolvent companies in respect of (a) the respective rights of secured and unsecured creditors; (b) debts provable; and (c) the valuation of annuities and future contingent liabilities.

Unsecured creditors are those whose debt is not secured on any of the company's assets. Examples of unsecured creditors are, for example, employees and the suppliers of goods and services. However among unsecured creditors, employees belong to a preferential class. Section 621 of the Companies Act 2014 treats employees in a preferential manner with regards to all wages or salary up to the value of €10,000 per employee. Section 49 of the Workplace Relations Act 2015 extends preferential treatment to include all compensation payable by virtue of Part 4 of that Act by the company to an employee. The other principal preferential creditor under section 621 is the Revenue Commissioners. Where there are insufficient funds to pay the preferential creditors in full, they rank equally amongst themselves.

As the provisional liquidators were appointed by the High Court on 12 June 2015 they operate under the jurisdiction of the Court and I have no direct function in relation to this liquidation.

Employment Rights

Questions (305, 306)

Jerry Buttimer

Question:

305. Deputy Jerry Buttimer asked the Minister for Jobs, Enterprise and Innovation the policy of his Department relating to the release of notifications of proposed redundancies under section 12(1) of the Protection of Employment Act 1977, as amended; and if he will make a statement on the matter. [24759/15]

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Jerry Buttimer

Question:

306. Deputy Jerry Buttimer asked the Minister for Jobs, Enterprise and Innovation if he will consider amending section 12(3) of the Protection of Employment Act 1977, as amended, in order that copies of notifications of proposed redundancies will be sent directly to the employees affected, in addition to the employees’ representatives, as is currently provided for; and if he will make a statement on the matter. [24760/15]

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Written answers

I propose to take Questions Nos. 305 and 306 together.

The Protection of Employment Act 1977 implements Council Directive 75/129/EEC on the approximation of the law of Member States relating to collective redundancies.

The purpose of Part II of the Protection of Employment Act 1977 is to facilitate consultation and notification between employers and employees in instances of proposed collective redundancies. It serves a very important purpose in terms of ensuring good industrial relations within a company. It requires an employer who proposes to create collective redundancies to initiate consultations with employees’ representatives in advance of those redundancies "with a view to reaching an agreement". The Act defines "employees' representatives" as a trade union, staff association or excepted body with which it has been the practice of the employer to conduct collective bargaining negotiations. In the absence of a trade union, staff association or excepted body, "employees' representatives" are defined as "a person or persons chosen (under an arrangement put in place by the employer) by such employees from amongst their number to represent them in negotiations with the employer".

Section 12(1) of the Act imposes an obligation on employers to notify the Minister in writing of any proposals to create collective redundancies at the earliest opportunity, and, in any event, at least 30 days prior to the first dismissal. Subsection (3) of section 12 provides that a copy of that notification must be supplied to the employees' representatives affected who may forward to the Minister any observations they have relating to the notification. The importance of this provision, which serves a key role in ensuring consultation and notification in instances of proposed collective redundancies, is underlined by the fact that an employer who fails to comply with this provision is liable, on summary conviction, to a fine not exceeding €5,000.

The Act expressly sets out who is entitled to receive a copy of a notification sent to the Minister pursuant to Part II of the Act. It ensures that all parties directly affected by the proposed redundancies are made aware of what is contained in the notification to the Minister, and are given an opportunity to make observations on it, by providing that a copy has to be sent to the employees' representatives affected (Section 12(3)).

It is in the public interest on a range of fronts that employers engage fully in the consultation and notification process set out in Part II of the 1977 Act as amended. Firstly, such engagement plays an important role in facilitating industrial peace, which is in the interests of the wider community. The purpose of the consultations includes the possibility of avoiding the proposed redundancies, reducing the number of employees affected by them, or mitigating their consequences by recourse to accompanying social measures (Section 9(2)(a)). Furthermore, they serve to identify the basis on which it will be decided which particular employees will be made redundant (Section 9(2)(b)). Accordingly, I have no plans to amend Section 12 of the 1977 Act.

The policy of my Department in relation to the release of notifications of proposed redundancies under Section 12(1) of the Act is not to release such notifications except in compliance with the law, including Freedom of Information legislation.

Job Losses

Questions (307)

Joan Collins

Question:

307. Deputy Joan Collins asked the Minister for Jobs, Enterprise and Innovation if he will meet with employees (details supplied) as soon as possible, to resolve a number of issues raised by these employees; and when he will meet them. [24893/15]

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Written answers

The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation.

The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial relations legislation, through the Workplace Relations Customer Service and Information Unit. It can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. The individuals in question should contact NERA to discuss their concerns.

Ireland’s body of employment rights legislation protects all persons legally employed in Ireland on an employer-employee basis. Where NERA receives complaints in relation to clarification of a person's employment status, i.e., employed or self-employed, such complainants are referred to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation.

In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the Office of the Revenue Commissioners, Department of Social and Family Affairs, Department of Enterprise, Trade and Employment, the Irish Congress of Trade Unions and the Irish Business and Employers Federation.

If it is the case that the individuals concerned are part-time employees, the Protection of Employees (Part-Time Work) Act 2001 provides a wide degree of protection including the general protection that a part-time employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a comparable full time employee.

Export Controls

Questions (308)

Seán Crowe

Question:

308. Deputy Seán Crowe asked the Minister for Jobs, Enterprise and Innovation if he will provide details of any military export and dual-use licences which his Department has granted in the past ten years, where the final end user was the Israeli Defence Forces, including specific quantities, values and type of equipment covered. [24970/15]

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Written answers

My Department is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the Annex to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List. In my reply of 9th June to the Deputy I have previously outlined the procedures in place in my Department against which all applications for export licences to Israel are rigorously assessed.

The EU Common Military List includes military goods and technology, and components for such items that should be licensed for export from the Union. Items which are classified as "military goods" from an export control perspective and which are exported from Ireland involve components rather than military equipment.

The Department consults with the Department of Foreign Affairs and Trade in respect of all military export licence applications. All military licence applications are subject to rigorous scrutiny, and are considered in the light of the spirit and objectives of the 1998 EU Code of Conduct on Arms Exports. This Code, which was subsequently adopted in 2008 as an EU Common Position, seeks to safeguard, among other concerns, regional stability and human rights. All applications for export licenses are very carefully assessed having regard to the end use and the end user and against well-established criteria.

My Department is also responsible for licensing those dual-use items controlled pursuant to Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

While the term "dual-use" refers to those items that are normally used for civilian or commercial purposes but may also have a military application, the vast majority of dual-use licences issued by my Department are for commercial purposes.

My Department consults with the Department of Foreign Affairs and Trade in respect of all dual-use export licence applications in respect of Israel.

In view of security concerns and the relatively small number of export licence holders, it is the policy of my Department not to provide details as to whether or not a certain end-user was supplied controlled goods under an export licence. Confirming this detail, or where such exports took place, providing the information requested by the Deputy, would potentially allow exporters to be identified.

The Information Commissioner has previously affirmed my Department’s decision to not release confidential export licensing information that could identify export licence holders.

From the data currently to hand I have however provided details of licences issued for the export of Military List and dual-use items to all end-users in Israel from 2011 to date.

Licences issued for the export of Military List items to Israel, 2011 to date

Eleven licences for the export of Military List items to Israel have been issued from 2011 to date. Details are provided as follows:

2011

Three licences for the export of Military List products to Israel were issued in 2011, to the total value of €6.138 million. Two licences were issued for Military List (ML) "category 6" items while one was issued for ML "category 22" items. The ML "category 6" refers to "Ground Vehicles and Components", while ML "category 22" refers to "Technology". "Technology" is that which is "required for the development, production or use of items or components specified in the EU Common Military List".

2012

One licence for the export of Military List products to Israel was issued in 2012. The value of the licence was €39,525 and it was issued for ML "category 6" items, i.e. "Ground Vehicles and Components".

2013

Five licences for the export of Military List products to Israel were issued in 2013, to the total value of €119,971. Two licences were issued for ML "category 6" items while three were issued for ML "category 10" items. The ML "category 10" refers to "Aircraft, lighter-than-air vehicles, Unmanned Aerial Vehicles, "UAVs"), aero-engines and aircraft equipment, related equipment, and components".

2014

Two licences for the export of Military List products to Israel were issued during the first quarter of 2014, to the total value of €126,637. Both licences were issued for ML "category 6" items. No licences for the export of Military List products to Israel have been granted since the end of the first quarter of 2014.

The figures provided above represent the maximum value which can be exported under the above export licences and not the value of the goods and technology actually exported under those licences. It is important to recall that items which were classified as "military goods" from an export control perspective and which were exported from Ireland involved components for inclusion in, rather than finished military equipment.

Licences issued for the export of dual-use items to Israel, 2011 to date

A small number of dual use export licences are issued each year in respect of Israel. Twelve licences were issued in 2011, twenty in 2012, twenty in 2013, twenty one in 2014 and fourteen for the year to date. Further details of these licences are provided as follows.

Israel is also included as a destination on a proportion of the small number of global dual-use licences issued by my Department each year. These licences are issued subject to a number of strict conditions, such as a prohibition on their use for exports to military, police or State security forces end-users. An application for an individual dual-use licence must be made for such exports.

Individual dual-use licences issued in respect of exports to Israel

Year

Dual-Use Category

Number of Licences Issued

Value of Licences

€0 - €100,000

Value of Licences

Above €100,000

2015 (to date)

3

2

X

-

5

12

X

Total number of licences issued

14

-

2014

3

2

X

-

5

17

X

-

7

2

X

Total number of licences issued

21

2013

2

2

X

-

5

12

X

-

7

6

X

Total issued

20

2012

2

1

X

-

4

1

X

-

5

18

X

Total issued

20

2011

2

2

X

-

3

1

X

-

5

9

X

Total issued

12

The dual-use categories correspond to the product category classifications as set out in Annex I to the Dual-Use Regulation (Council Regulation (EC) No. 428/2009, as amended):

Category 2: Materials Processing

Category 3: Electronics

Category 4: Computers

Category 5: Telecommunications and "information security"

Category 7: Navigation and avionics.

Transatlantic Trade and Investment Partnership

Questions (309)

Maureen O'Sullivan

Question:

309. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will provide further details on the representations his Department has received on the Transatlantic Trade and Investment Partnership, which numbered 586 at the time of his previous reply; if he will provide a list of the number of meetings that have taken place between his Department and all non-governmental organisations or industry groups; if he will indicate whether the large number of representations received from private citizens reflected widespread support for the partnership, or concerns and opposition to it; and if he will make a statement on the matter. [24977/15]

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Written answers

As I noted in my previous response to the Deputy on this issue, as of 9th June my Department’s records indicate receipt of 586 representations on Transatlantic Trade and Investment Partnership (TTIP) since the negotiations began in 2013. Of the 566 that I indicated were from private citizens, 514 of these, received between January and February this year, focused on a single issue, namely, investment protection and investor-state dispute settlement (ISDS) in TTIP.

It is important to remember that the negotiating mandate in respect of a Free Trade deal between the EU and US makes it clear that the inclusion of investment protection and ISDS will depend on EU interests being met and on the final balance of the Agreement. The mandate states that the objectives of any investment protection provisions would be without prejudice to the right of 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 details available on meetings were set out in my previous response.

Transatlantic Trade and Investment Partnership

Questions (310)

Maureen O'Sullivan

Question:

310. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation the views of the Industrial Development Agency Ireland on the Transatlantic Trade and Investment Partnership; if it has expressed concerns that the partnership will diminish Ireland’s advantages as a gateway to Europe for investors from the United States of America and elsewhere; the way these concerns were raised and discussed, and if they should be discussed more publicly; and if he will make a statement on the matter. [24978/15]

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Written answers

According to assessments made by the EU Commission, a comprehensive Free Trade deal between the EU and US could over time boost EU GDP by 0.5% per annum bringing significant economic gains as a whole for the EU. This converts into 400,000 jobs across the EU. An independent study commissioned by my Department carried out by Copenhagen Economics estimates that these benefits in Ireland will be proportionally greater than in the EU as a whole. It suggests growth in Irish exports of almost 4%, increases in investment of 1.5% and increase in real wages of 1.5%. It estimates somewhere between 5,000 and 10,000 additional export related jobs.

IDA Ireland was represented on the steering group that was chaired by my Department to oversee the Copenhagen Economics study. It is standard practice to have a steering group in any commissioned research which involves public funds. The role of the steering group was also to ensure that any data or information required by Copenhagen Economics was provided, and also to see that the terms reference were adhered to.

IDA Ireland supports an EU/US Free Trade deal (TTIP) and the potential for the increased investment which accompanies greater trading flows as identified by the Copenhagen Economics study. IDA Ireland also welcomes the expected 3.5% increase Irish exports from the FDI sector and the expected positive employment and productivity impacts.

My Department will continue to liaise with relevant Government Departments and agencies as the negotiations proceed to ensure Ireland's position is optimised under the terms of any emerging deal.

National Lottery Funding Disbursement

Questions (311)

Catherine Murphy

Question:

311. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation if he will provide, in tabular form, the way moneys received from the National Lottery Fund in 2013 were spent on each project to which they were directed, including projects that were part-funded and wholly-funded from the fund; if he will indicate, for each such part-funded project, where the balance of funding was sourced; and if he will make a statement on the matter. [25030/15]

View answer

Written answers

My Department did not receive any National Lottery funding in 2013.

National Lottery Funding Disbursement

Questions (312)

Catherine Murphy

Question:

312. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation if he will provide, in tabular form, the amount of money that was received by his Department from the National Lottery Fund in each of the years 2009 to 2014 and in 2015 to date; if he will provide a detailed breakdown indicating the way this money was spent, or otherwise directed, for each of these years; if any moneys are held in reserve arising from funds received over this period or before; and if he will make a statement on the matter. [25046/15]

View answer

Written answers

My Department did not receive National Lottery funding in respect of any of the past six calendar years to date in 2015.

Consumer Protection

Questions (313)

Michelle Mulherin

Question:

313. Deputy Michelle Mulherin asked the Minister for Jobs, Enterprise and Innovation the protection the new Consumer Rights Bill will provide to persons who are victims of petrol stretching and diesel laundering; and if he will make a statement on the matter. [25072/15]

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Written answers

The supply to consumers of petrol that has been stretched or diesel that has been laundered is covered by existing consumer protection legislation. The Consumer Protection Act 2007 provides that a commercial practice involving the promotion or supply of a product to a consumer is misleading if it includes the provision of false information in relation to a wide range of matters relating to the product - including its main characteristics, commercial origin, benefits or fitness for purpose, the risks it presents to consumers and its composition - and if that information would be likely to cause the average consumer to make a purchasing or other decision that he or she would not otherwise make. A trader who engages in a misleading commercial practice of this kind commits an offence. A commercial practice may also be misleading if the trader omits or conceals information necessary for an informed consumer decision and if that omission or concealment would be likely to cause the average consumer to make a purchasing or other decision that he or she would not otherwise make.

The Sale of Goods Acts 1893 and 1980 imply into contracts for the sale of goods by description a condition that the goods shall correspond with their description. The Acts further imply into contracts of sale a condition that the goods are of merchantable quality, that are fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances. Breach by a seller of a condition of a contract of sale may give rise to a right for the buyer to reject the goods, treat the contract as repudiated and obtain a refund of the price.

The Scheme of the Consumer Rights Bill published for consultation by my Department on 25 May 2015 similarly provides that contracts for the supply of goods include an implied term that the goods supplied match the description of the goods given by the trader. It also provides that these contracts include an implied term that the goods are of satisfactory quality. The Scheme sets out a clearer and more workable set of remedies for consumers where these implied contract terms are breached. The consultation on the Scheme of the Bill remains open until Friday 28 August 2015.

Job Creation

Questions (314)

Gabrielle McFadden

Question:

314. Deputy Gabrielle McFadden asked the Minister for Jobs, Enterprise and Innovation the number of current leads being developed by the Industrial Development Agency and Enterprise Ireland to bring further jobs and investment into Counties Longford and Westmeath; and if he will make a statement on the matter. [25147/15]

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Written answers

It would not be appropriate to provide information on the number of current leads being developed by IDA Ireland and Enterprise Ireland to bring jobs and investment to any specific part of the country. Such information is confidential between the Agencies and their potential and existing clients until such time as both parties are ready to make an announcement in the event of a project being agreed. The entire process is complex with contacts and engagement underway on an ongoing basis. Some initiatives can lead to a definite project at an early stage while others may not and indeed circumstances may change to bring a project to fruition at some future date.

Both Agencies have had considerable success in assisting job creation projects in the region. In relation to the IDA, the Midlands has a strong cluster in the Medical Technologies and Life Sciences sectors, which provide a significant number of jobs and in respect of which there have been several positive developments over the last few years. A total of 554 job gains have been achieved in IDA companies in Westmeath since 2010. That Agency’s new Strategy for the next five years, titled 'Winning – Foreign Direct Investment 2015-2019’ which was launched earlier this year, sets out the IDA's commitment to achieve a significant uplift in the amount of FDI projects going into regions and outlines strategic actions aimed at achieving that, including a €150m property investment plan, which will support the achievement of the organization's regional goals. That funding includes the construction of an advanced office building for Co. Westmeath in 2017, as part of the programme.

In relation to Enterprise Ireland, that Agency operates a wide range of activities in the region for their Irish-owned client companies. It is undertaking initiatives and programmes to support research and development, more effective production, innovation generally, exporting capacity, entrepreneurial training and development and enhancing overall competitiveness. Over the last four years a total of 1,150 full time job gains were achieved in Enterprise Ireland companies in Westmeath.

In the Midlands region as a whole, the unemployment rate has fallen from 19.5% in quarter 3 of 2011 to 12.4% at the end of quarter 1 2015, and while much more remains to be done, that is a considerable achievement in such a short time.

In addition, my Department has been working on the preparation of an Action Plan for Jobs for the Midlands region as part of the drive to increase the level of job creation across the country. Eight Regional Action Plans will be delivered this year, building on the success of the national Action Plan for Jobs process, which has contributed to the creation of over 100,000 new jobs since 2012. Significant progress has been made in preparing the Action Plan for the Midlands region, in consultation with key stakeholders there. My officials are currently finalising that Plan and I anticipate that it will be launched in the coming weeks.

Animal Diseases

Questions (315)

Michael Healy-Rae

Question:

315. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will provide financial assistance in respect of a person (details supplied) in County Kerry whose cattle contracted tuberculosis; and if he will make a statement on the matter. [24513/15]

View answer

Written answers

The holding in question has been restricted under the TB Eradication Scheme since 22 May 2014 when TB was disclosed in the herd. 137 animals have been removed as reactors from the herd. In view of the high disease level disclosed in this herd, my Department decided last April, following consultation with the herdowner, to depopulate the herd.

The main compensation schemes for farmers whose herds are affected by TB are the On-Farm Market Valuation Scheme (which provides compensation, based on market value, for cattle removed as reactors), the Hardship Grant scheme, the Income Supplement Scheme and the Depopulation Grant scheme. My Department has paid €85,425. 83 under the On Farm Valuation scheme to the herdowner concerned in respect of the 137 animals removed as reactor. In addition, my Department has also issued a number of payments totalling €4,138.57 under the Income Supplement scheme, which is designed to compensate for income losses where more than 10% of the herd is removed as reactor. Payments totalling €282.38 have also issued under the Hardship Grant scheme to assist with the cost of feeding animals retained on the holding during the months November to April.

In view of the fact that his herd has been depopulated, the person in question now qualifies for the Depopulation Grant scheme and payments under this scheme will replace payments under the Income Supplement scheme which she had been receiving prior to depopulation. My Department is currently processing these payments in respect of the four month period during which the holding cannot be restocked. That payment is expected to be in the region of €22,000 and should issue within the next two weeks. The herdowner should contact the Department of Social Protection regarding eligibility for schemes implemented by that Department.

Agri-Environment Options Scheme Applications

Questions (316)

Tom Fleming

Question:

316. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will issue payment under the agri-environment options scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24621/15]

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Written answers

As outlined in my earlier reply to Parliamentary Question No. 18277 /2015, the person named was approved for participation in the 2010 Agri Environment Options Scheme (AEOS 1) with effect from 1 September 2010 and received payments in respect of the scheme years 2010, 2011, 2012 and 2013.

However, the cross check with the 2014 Single Payment system revealed that two of the AEOS parcels on this person’s contract had been declared on the Single Payment Scheme application of another herd owner. Under the Terms and Conditions of the scheme, all undertakings under AEOS must be continued for a minimum period of five years. As this did not happen for the parcels in question they are no longer eligible for payment under the scheme and payments made on these parcels must be recouped. The person named was informed in writing of this decision.

In my reply to Parliamentary Question No. 23189/ 2015, I outlined that the Agriculture Appeals Office have advised that the person-named lodged an appeal with that Office on 23 February 2015.

I understand that the Appeals Office issued a letter to the person-named on 12 June refusing the appeal. The person named was also advised that they could refer the matter to the Office of the Ombudsman if they wished.

Under the circumstances, my Department will be abiding by the decision of the Agriculture Appeals Office that the original decision in this case should remain in place.

Beef Data and Genomics Programme

Questions (317)

Timmy Dooley

Question:

317. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine the number of farmers who were approved in the 2014 beef data programme who have been paid to date; and if he will make a statement on the matter. [24701/15]

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Written answers

The processing of applications under the Beef Data Programme is at an advanced stage. Payments under the Programme will commence next week. Under the Programme, farmers who participate are required to submit the required data on suckler cows and their calves after birth and again after the calves are weaned. The level of participation in the Beef Data Programme increased by 21% to 32,300 participants in 2014.

Organic Farming

Questions (318)

Mick Wallace

Question:

318. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine the measures his Department is taking to improve the health of soil, and to promote organic farming, as recommended by the Rodale Institute; and if he will make a statement on the matter. [24751/15]

View answer

Written answers

All farmers receiving EU payments must comply with certain environmental standards. One of these requirements is to keep land in Good Agricultural and Environmental Condition (GAEC).

GAEC places requirements on farmers to protect soils from erosion and maintain soil structure. This ensures problems that may arise from compaction or rutting of land by machinery or erosion through overgrazing are minimised. Between 2009 and 2014 farmers were required to test land which was considered to be at risk of having low organic matter (OM) levels. Soil organic matter plays a major role in maintaining soil quality as it positively influences a wide range of soil properties such as the provision of nutrients, water retention and release, as well as reducing the risks of soil compaction, surface crusting and soil erosion. This testing found Irish soils to be in a very positive state with high levels of OM content compared to other countries.

The protection of soils has also been strengthened in Ireland's Rural Development Programme (RDP) through support provided in agri environmental schemes AEOS (Agri Environmental Options Scheme) and GLAS (Green Low Carbon Agri Environmental Scheme) for farmers to plant catch crops.

Commonages make up approximately 422,000 hectares of the land area in Ireland and their soils are vulnerable to overuse. Farmers who work these lands are paid via agri environmental schemes to manage these areas in an environmentally friendly manner in order to contribute to the long term health of the soil.

Where fertiliser is applied, the Nitrates regulations (SI 31 2014) require that it is in accordance with crop requirements. Certain measures within the regulations encourage soil sampling which is the cornerstone of nutrient management planning and contributes to a healthy balanced soil. These measures include increased allowances where soils are found to be deficient in phosphorus with the target of achieving optimum sustainable output from all soils.

The new Organic Farming Scheme which was launched on 21 April, 2015 provides increased payments to Organic Farmers and aims to encourage producers to respond to the market demand for organically produced food. Organic Farmers are also given priority access to the new Green Low-Carbon Agricultural Scheme (GLAS) which was launched in March 2015.

Development grants will be available to processors under the Off-Farm Scheme of Grant Aid for the Development of the Organic Sector.  This Off-farm Scheme, which is 100% exchequer funded, will provide grant aid for new equipment and facilities for production, preparation, grading, packing, storage, distribution and sale of organic products. I hope to open this Scheme for applications shortly.

Furthermore I hope to launch a new Organic Capital Investment Scheme in the near future. This investment scheme will be co-funded by the EU and the exchequer. The objective of the Scheme is to facilitate the development of the organic sector so as to ensure a regular supply of high quality organic produce to the market.  It will also aim to provide an incentive to young organic farmers to upgrade their agriculture buildings and equipment by providing them with an increased level of support to meet the considerable capital costs associated with the establishment of their enterprises.

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