Written Answers Nos. 134-144
135. Deputy Peadar Tóibín asked the Minister for Finance the annual cost of introducing a living wage or a minimum threshold gross salary of €11.45 per hour in his Department and the bodies under his aegis. [25357/15]
View answerMy Department currently has 7 employees who earn less than €11.45 gross per hour. If a minimum wage of €11.45 were introduced, it would present an additional cost of €20,564 gross per annum, based on the gross hours per week of 43.25 hours, to my Department. The salaries paid to employees of the bodies under the aegis of my Department are generally matters for those bodies.
136. Deputy Finian McGrath asked the Minister for Finance if he will provide an update on the debate on the reintroduction of public banking, and the need for alternative to private profit maximising commercial banks which control the credit supply; and if he will make a statement on the matter. [25402/15]
View answerOfficials in my Department are currently considering a proposal concerning the introduction of local public banking. Such a concept may potentially complement Government policy in a range of areas such as improving competition in the banking market, augmenting competition and innovation in the SME finance market and regional development.
Local Public Banks, which are prevalent particularly in Germany, with a mandate to focus on the needs of residents and SMEs in their regions rather than profit maximisation have the potential to drive competition and innovation in the retail banking industry. Much like the Strategic Banking Corporation of Ireland's (SBCI) profit business model, they seek to be profitable but not to maximise that profit. Other institutions operating in the Irish credit market such as credit unions are not profit maximising entities but have a key role to play in providing access to credit and other important services in local communities throughout the country.
As the Deputy will be aware, the Government has to date delivered a number of initiatives that already increase access to finance for SMEs such as the SBCI, The Supporting SMEs Online Tool, The Credit Guarantee Scheme, Microenterprise Loan Fund, Local Enterprise Offices and The Credit Review Office. The Department is considering how a local public banking concept, with a focus on supporting SMEs, could complement initiatives already in existence.
The Government remains committed to the SME sector and sees it as the key engine of ongoing economic growth. Consequently the Department of Finance, working with the other relevant Departments and Agencies, will continue to monitor the availability of both bank and non-bank credit with a view to taking appropriate actions as warranted to ensure that SMEs in Ireland have the opportunity to reach their full potential in terms of growth and employment generation.
137. Deputy Seán Ó Fearghaíl asked the Minister for Finance if he will address the concerns raised in correspondence (details supplied) regarding the transposition of the deposit guarantee directive into Irish law; and if he will make a statement on the matter. [25415/15]
View answerThe Deposit Guarantee Scheme (DGS) provides protection of up to €100,000 per saver per credit institution, including credit unions. The scheme gives confidence to depositors that their money is safe up, to this limit, in the event that a financial institution gets into financial difficulty.
Directive 2014/49/EU is a new Directive in relation to the DGS which is being transposed into Irish law. Before transposition, the Department of Finance established a public consultation process to provide an opportunity for stakeholders to give their views on how discretions should be applied. This process concluded on Friday 12 June 2015. While this Directive provides less flexibility in transposition to Member States than the previous Directive governing the DGS, Article 13 provides some discretion for Member States on the calculation of contributions to the DGS where a lower level of contribution for low risk sectors which, if justified, could be put in place. In relation to the contribution amount, Question 6 in my Department's consultation paper specifically asks whether or not credit unions should be considered a low risk sector and thus qualify for a lower level of contribution, it also requests justification for the answer provided.
All submissions received by my Department will be examined and the views therein considered carefully over the coming weeks.
138. Deputy John McGuinness asked the Minister for Finance further to Parliamentary Question No. 294 of 9 June 2015, if he will confirm that the request submitted by accountants representing a company (details supplied) to a local office of the Revenue Commissioners will be agreed to, as the legal firm no longer represents the company in question; if the Revenue Commissioners will agree to meet with the accountants and representatives of the company on 24 June 2015 to resolve the value added tax issues without the legal firm present; if the final payment, when agreed, will be issued directly to the accountants; and if he will make a statement on the matter. [25417/15]
View answerI am advised by the Revenue Commissioners that arrangements have been made for a meeting with representatives of the company concerned and their accountants on 1 July 2015 - the earlier proposed date of the 24 June 2015 was not convenient for the accountants. The resolution of the VAT issues and arrangements for payment of any refund due will be discussed at that meeting.
139. Deputy Brian Stanley asked the Minister for Public Expenditure and Reform if there are any mechanisms available to the State to alter the terms of occupancy of the building known as Agriculture House on Kildare Street, Dublin 2. [25213/15]
View answerAgriculture House is a State Owned office building and as such the occupancy of it is a matter for the Commissioners of Public Works.
140. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if his Department uses any system software for the auto deletion of e-mail messages; if so, his Department's guidelines on the use of such a system; and the length of time e-mails are stored before they are auto deleted. [25185/15]
View answerMy Department does not use any system software for the auto-deletion of email messages.
141. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform further to previous parliamentary questions (details supplied), when approval will be provided for a drainage scheme on the Clare river; the reason for the delay in approval, particularly as his reply of 26 May 2015 stated that it was hoped work would commence this summer; if tenders will have to be sought for this work after the money is approved, and the timeframe, if required; and if he will make a statement on the matter. [25245/15]
View answerThe Office of Public Works (OPW) has submitted the proposals for the Clare River (Claregalway) flood relief scheme for statutory approval by the Minister for Public Expenditure and Reform, as required by the Arterial Drainage Acts.
A report commissioned by the Department of Public Expenditure and Reform (DPER) on a required independent evaluation of the Environmental Impact Statement prepared for the Scheme by the OPW is under consideration by that Department. As the Deputy is aware, before the proposed scheme can be confirmed, the Minister for Public Expenditure and Reform (MPER) must be satisfied that the Environmental and Natura Impact Statements adequately identify, describe and assess the direct and indirect effects of the proposed scheme.
It had been hoped that construction works would commence this Summer in Claregalway but until the required environmental assessment process is finalised within DPER it is not yet possible for the scheme to be Confirmed by the Minister. This is a complex area and officials are working with relevant experts to progress the matter with a view to commencing construction works at the earliest opportunity. The fact that the OPW will be carrying out the works primarily using its own direct labour force will eliminate the necessity for a lengthy tender process for a main civil works contractor once the scheme is Confirmed.
I wish to reaffirm that the OPW remains committed to carrying out the scheme, subject to the Minister's sanction, and has provided for it's cost in it's multi-annual capital expenditure profiles to 2017.
142. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation if his Department uses any system software for the auto deletion of e-mail messages; if so, his Department's guidelines on the use of such a system; and the length of time e-mails are stored before they are auto deleted. [25183/15]
View answerIn line with good email management practice, my Department deploys systems for filtering or quarantining spam emails and emails with potentially malicious or inappropriate content. For emails which pass through these filters, my Department does not use any system software which globally auto-deletes email messages. The email system in use in my Department, like most modern email systems, does allow individual system users to create rules for automatic email processing, which could include an auto-deletion rule. My Department's records management policy guidelines, which are updated regularly, serve to inform all staff of the procedures for classifying, filing and retrieving records while also ensuring that standards for a systematic and consistent approach to creating, maintaining and disposing of records continue to be practiced by all staff. These guidelines define what constitutes an electronic record and set out the record keeping obligations of all staff with regard to such records. They provide examples of electronic records that should be retained on files, advice on how this process should be managed and guidance on deciding which electronic records need not be retained.
143. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation if he will report on trade between Ireland and Turkmenistan in the past five years, including annual statistics on the amount of imports and exports broken down by sector; his views on trade relations between the countries; and if he will make a statement on the matter. [25218/15]
View answerDetails of Exports and Imports as requested by the Deputy are set in the following tables. There is little trade between the two countries and Enterprise Ireland is not engaged in trade promotion activity in Turkmenistan.
|
Exports 2010 (€,000) |
Exports 2011 (€,000) |
Exports 2012 (€,000) |
Exports 2013 (€,000) |
Exports 2014 (€,000) |
|
433 |
3,888 |
1,034 |
1,198 |
2,555 |
|
Imports 2010 (€,000) |
Imports 2011 (€,000) |
Imports 2012 (€,000) |
Imports 2013 (€,000) |
Imports 2014 (€,000) |
|
54 |
13 |
107 |
327 |
2,341 |
Exports (€000)
|
Jan-Dec 2010 Total |
433 |
|
Top Products |
|
|
Power generating machinery & equipment |
146 |
|
Professional, scientific & controlling apparatus |
126 |
|
Electrical machinery, apparatus & appliances & parts |
96 |
|
Jan-Dec 2011 Total |
3,888 |
|
Top Products |
|
|
Office machines & automatic data processing machines |
2,890 |
|
Power generating machinery & equipment |
487 |
|
Telecommunications & sound equipment |
315 |
|
Jan-Dec 2012 Total |
1,034 |
|
Top Products |
|
|
Other transport equipment |
366 |
|
Professional, scientific & controlling apparatus nes |
205 |
|
Power generating machinery & equipment |
179 |
|
Jan-Dec 2013 Total |
1,198 |
|
Top Products |
|
|
Power generating machinery & equipment |
446 |
|
Essential oils, perfume materials; toilet & cleansing preps |
338 |
|
Other transport equipment |
290 |
|
Jan-Dec 2014 Total |
2,555 |
|
Top Products |
|
|
Essential oils, perfume materials; toilet & cleansing preps |
1,081 |
|
Other transport equipment |
621 |
|
Professional, scientific & controlling apparatus nes |
427 |
Imports (€000)
|
Jan-Dec 2010 Total |
54 |
|
Top Products |
|
|
Power generating machinery & equipment |
54 |
|
Jan-Dec 2011 Total |
13 |
|
Top Products |
|
|
Miscellaneous manufactured articles nes |
11 |
|
Articles of apparel; clothing accessories |
2 |
|
Jan-Dec 2012 Total |
107 |
|
Top Products |
|
|
Telecommunications & sound equipment |
34 |
|
Office machines & automatic data processing machines |
32 |
|
Articles of apparel; clothing accessories |
31 |
|
Jan-Dec 2013 Total |
327 |
|
Top Products |
|
|
Other transport equipment |
211 |
|
Textile yarn, fabrics, made-up articles & related products |
61 |
|
Articles of apparel; clothing accessories |
55 |
|
Jan-Dec 2014 Total |
2,341 |
|
Top Products |
|
|
Other transport equipment |
1,739 |
|
Textile yarn, fabrics, made-up articles & related products |
389 |
|
Articles of apparel; clothing accessories |
213 |
144. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he is aware that a person (details supplied) is a director of a company and also a director of other companies, with the intention of separating the retail and property assets of the company; and if, following the sudden closure of Clerys and the treatment of staff and concession holders, he will consider amending the Companies Act 2014 to provide for a piercing of the corporate veil. [25328/15]
View answer148. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will review company law following the Clerys crisis for staff; and if he will make a statement on the matter. [25407/15]
View answerI propose to take Questions Nos. 144 and 148 together.
The duties and responsibilities of directors are set out in Parts 4 and 5 of the Companies Act 2014. As provisional liquidators have been appointed by the High Court to one of the companies referred to by the Deputy, and they operate under the jurisdiction of the Court, it would not be appropriate for me to comment on the matters concerned at this stage.
While there is long established case law that a company is a separate legal entity from its members, there is also case law in which the courts have lifted or pierced the corporate veil under both common law and statue law where it is considered just and equitable to do so.
The Companies Act 2014 provides that the courts can pierce the corporate veil, for example, under sections 599 (related company may be required to contribute to debts of a company being wound up) and section 600 (pooling of assets of related company).
Company law is under continuing review, particularly through the work of the Company Law Review Group (CLRG). Its current Work Programme 2014-2016, which is available on its website www.clrg.org , includes items on receivers, examinerships and winding up.
