Dara Calleary
Question:206. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the cost of transposing European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (SI 329 of 2006). [46416/15]
View answerEU Directives
Questions (206)
Written answers
There was no cost over and above a proportion of the salary costs of the officials involved in the transposition of Directive 2004/18/EC via Statutory Instrument (S.I. No. 329 of 2006) during the period 2004 to 2006. At that time an experienced Assistant Principal was primarily involved in the transposition process along with support staff under the supervision of a Principal Officer. The Statutory Instrument itself was drafted by the Office of the Parliamentary Counsel (OPC).
Every effort was made to minimise costs and to optimise the internal resources and experience available within the National Public Procurement Policy Unit at that time. Cost allocation almost 10 years on from the process would be purely indicative.
Public Procurement Regulations
Questions (207)
Dara Calleary
Question:207. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform if he has examined European Union guidance regarding social considerations for public procurement and enhancing opportunities for procurements in the small and medium sector and the cost of implementing such guidance [46417/15]
View answerWritten answers
The inclusion of social considerations in public procurement contracts encourage suppliers to perform actions focussed on broader policy considerations. They can be used in public procurement in cases where they are targeted at factoring into the procurement process consideration of social issues such as employment opportunities, equal opportunities and social inclusion. In order to be compatible with EU law, they must be made known to all interested parties at tender stage and must not restrict participation by contractors from other Member States. It is important to note that a number of social considerations are already included as standard clauses in public procurement tender documents and include the following:
- Taxation and Social insurance payments
- Employment legislation
- Safety, Health and Welfare at Work Act 2005
- Waste management
- Human Rights
- Environmental legislation
In order to ensure that the inclusion of additional social considerations do not discriminate, it is vital to adopt a targeted approach to the use of social clauses in contracts. This is likely to mitigate against risks such as the displacing of workers already in employment while offering the opportunity of assisting with labour activation measures for the long-term unemployed.
This is a complex area and it is important to develop a robust structure that will assist the contracting authority to develop the correct clause and to provide the support from the appropriate agency to aid SMEs in implementing the clause. I have instructed the OGP to report on this issue and to issue practical guidance designed to assist contracting authorities to carry out this important role in a consistent manner.
The information requested by the Deputy in relation to the cost of implementing guidance on the inclusion of social considerations in public procurement will be a matter for each individual contracting authority, as they will be best placed to gauge any additional costs should they arise, on a contract by contract basis.
World Trade Negotiations
Questions (208)
Brendan Smith
Question:208. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the substantive priorities at this week's World Trade Organization ministerial conference; if these priorities have taken Ireland's development co-operation objectives into account; and if he will make a statement on the matter. [45728/15]
View answerWritten answers
The 10 Ministerial Conference of the World Trade Organisation (WTO) is underway from 15-18 December in Nairobi, Kenya. My colleague, Mr Damien English, T.D., Minister of State for Skills, Research and Innovation is representing Ireland at the Ministerial Conference. At the WTO, the European Commission leads negotiations on behalf of the European Union, and Ireland actively participates in the formulation of EU positions at the negotiations. Minister English is also attending the parallel EU Foreign Affairs Council (Trade) which takes place in Nairobi.
Ireland’s priorities are represented by the EU position negotiated at the Ministerial Conference. Ireland, along with the other 27 Member States, believes that agreeing on a balanced and ambitious outcome on export competition (which includes export subsidies; export credits; state trade enterprises and food aid) would constitute an important step forward in the process of creating a stronger and fairer multilateral trading system, especially for Developing and Least Developed Countries (LDCs). Ireland also supports an agreement on a “development package” following on from the ninth Ministerial Conference, comprising of (i) better duty-free, quota-free access; (ii) enhanced services waiver; (iii) streamlined rules of origin and (iv) greater market access for cotton producing countries, as well as work on Food Security. Finally, in terms of priorities, Ireland is seeking agreement on new rules to deliver greater transparency, in relation to anti-dumping, regional trade agreements and various subsidy regimes.
My Department liaises closely with the Department of Foreign Affairs and Trade to ensure that the needs of LDCs are taken into account in the articulation of Ireland’s position at the WTO, at EU level.
In addition to our work at the Ministerial Conference in this regard, Ireland has also provided €50,000 this year to support LDC participation at the Ministerial Conference so that LDCs can be present and make their voices heard directly during the negotiations.
I understand that Minister English, as well as meeting with Irish companies operating in Kenya, is also meeting with a number of local non-governmental development organisations with the assistance of the Irish Embassy in Nairobi.
Industrial Development
Questions (209)
Brendan Smith
Question:209. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the number of joint initiatives between the Industrial Development Agency Ireland and Invest Northern Ireland; the cost per initiative; the expenditure on joint initiatives; and if he will make a statement on the matter. [46232/15]
View answerWritten answers
It should be appreciated that IDA Ireland and Invest Northern Ireland (INI) are direct competitors for mobile Foreign Direct Investment so therefore the practical opportunities for ongoing cooperation are somewhat limited.
Nevertheless, the IDA cooperates with INI where appropriate in the context of regional and all-island economic development, recognising appropriate opportunities to pursue mutually beneficial cross border co-operation on aspects of economic policy and infrastructure/spatial planning. There has been one significant instance of shared co-operation between both Agencies some years ago, to capitalise on the combined strengths of Letterkenny and Derry City as an economic corridor. This led to the jointly developed North West Business Technology Zone (NWBTZ), which involved a total expenditure of €39m on developing infrastructure and property solutions in both centres, including the development of a state of the art Business and Technology Park in Letterkenny. Of this sum, the EU’s INTERREG IIIA Programme contributed €10m. Enhanced facilities are now in place, to drive the region’s attractiveness for investment.
Arising out of that work by IDA and INI, Project Kelvin was developed to provide enhanced telecommunications between the region and North American/European centres. It was a cross-border venture, costing €43m, supported by the relevant Departments North and South and co-financed by the European Union (€32.25m). The project was completed in 2010 and represents an important driver to attract companies requiring these technologies.
Apart from those specific projects, where appropriate, IDA Ireland and INI co-operate administratively on company visits where both jurisdictions are being considered by foreign companies. These visits are, in the main, usually initiated by IDA’s network of overseas offices.
Cross-Border Projects
Questions (210)
Brendan Smith
Question:210. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the cost of developing a Border development zone; and if he will make a statement on the matter. [46233/15]
View answerWritten answers
The concept of a specific Border Development Zone as a means of fostering economic recovery in the cross-border region of the Republic of Ireland and Northern Ireland was initially proposed by the Centre for Cross Border Studies (CCBS) in their Bradley/Best economic study of 2012 and I am aware that the CCBS has undertaken further research on the topic in the intervening period also. I also note that the Deputy’s party proposed such a Zone in a policy document earlier this year.
The possible development of a Border Development Zone could raise significant issues involving EU State Aid Rules and other EU provisions and it would also, of course, require detailed negotiations between both Administrations on this island. There would also be significant resource issues, which would be challenging. I am not aware that detailed costings have been carried out in relation to the proposal. I expect that these would obviously depend of the exact nature and functions of such a body. As you will be aware, this Government have initiated a significant reduction in the number of Bodies and Agencies, in order to achieve more effective administration and delivery of services, so that a very strong case needs to be made to justify the creation of new bodies. I would again emphasise that any new structures to be put in place would require the full agreement of the Northern Ireland authorities. Both administrations on the island are focussed on developing the existing mechanisms and on making them work better.
Developing new, regionally-based, economic structures could be a significant policy development, and one requiring careful consideration. The need to avoid duplication would be paramount, in the interests of utilising scarce State resources efficiently. It is therefore worth noting that there are already several mechanisms in place to pursue cross border economic development.
I strongly believe that we should continue to build on the structures already in place and on what has been achieved in that region. The work of the Cross Border Body, InterTrade Ireland, has been foremost in this regard, with a significant range of enterprise development initiatives and programmes in place. My Department jointly funds and provides oversight to this Body, together with the Department of Enterprise, Trade and Investment in Belfast, and it represents a very effective mechanism for tackling business development on an all-island basis. In addition, there is on-going co-operation between Enterprise Ireland and its Northern Ireland counterpart agency, Invest Northern Ireland on areas of mutual interest.
Over recent years, a range of projects under the Enterprise Development theme of the INTERREG IVA Programme (2009-2015) have made a significant impact on developing small businesses in the region. My Department co-funded this strand of this INTERREG Programme, under which a total of 28 individual projects have been initiated. I now look forward to the roll out of the successor Programme for the period up to 2020, which will support Research and Innovation initiatives.
The operation of the North South Ministerial Council, in which I fully participate, both in its Plenary format and also in the Trade and Business Sectoral format with my counterpart from the Northern Ireland Executive, is an ongoing forum which can develop practical North South initiatives.
Freedom of Information Fees
Questions (211)
Seán Fleming
Question:211. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the amount his Department has received in fees from freedom of information requests in 2014 and in 2015 to date; and if he will make a statement on the matter. [45762/15]
View answerWritten answers
The total amount of fees received by my Department and its Offices from Freedom of Information requests in 2014 and up to the end of the third quarter in 2015 were €755.98 and €70.00, respectively.
The intake of fees has dropped dramatically following the introduction of the FOI Act 2014 which abolished the up-front application fee of €15 for non-personal requests.
Ministerial Staff
Questions (212)
Róisín Shortall
Question:212. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation the number of political staff working in his Department, including the role and salary of each staff member. [45789/15]
View answerWritten answers
I have two Special Advisors appointed by me as Minister for Jobs, Enterprise and Innovation. In addition, there are two Special Advisors appointed by the Minister of State at my Department with special responsibility for Business and Employment, Gerald Nash, TD. Appointments are made in line with the Guidelines for Ministerial Appointments and as sanctioned by the Minister for Public Expenditure and Reform.
Details for each are set out in tabular format:
|
Appointed by |
Role |
Current Salary |
|
Minister for Jobs, Enterprise and Innovation, Richard Bruton, TD |
Special Advisor (Policy) |
€118,840 |
|
Minister for Jobs, Enterprise and Innovation, Richard Bruton, TD |
Special Advisor (Press) |
€87,258 |
|
Minister for Business and Employment, Gerald Nash, TD |
Special Advisor (Policy) |
€87,258 |
|
Minister for Business and Employment, Gerald Nash, TD |
Special Advisor (Press) |
€87,258 |
Legislative Process RIA
Questions (213)
Seán Ó Fearghaíl
Question:213. Deputy Seán Ó Fearghaíl asked the Minister for Jobs, Enterprise and Innovation the number of Bills his Department has published since 9 March 2011; the number and Titles of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the number of promised Bills for publication; the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the relevant Bill; and if he will make a statement on the matter. [45811/15]
View answerWritten answers
The total numbers of Bills published by my Department since 9 March 2011, including those with regulatory impact assessments published are as follows:
Bills published since 9 March 2011
|
Title of Bill |
Regulatory Impact Assessment undertaken in advance of publication of Bill |
Regulatory Impact Assessment published |
|
Patents (Amendment) Bill 2011 |
Yes |
Yes |
|
Competition (Amendment) Bill 2011 |
Yes |
Yes |
|
Protection of Employees (Temporary Agency Work) Bill 2011 |
Yes |
|
|
Industrial Relations (Amendment) (No. 3) Bill 2011 |
Yes |
|
|
Credit Guarantee Bill 2012 |
Yes |
Yes |
|
Companies (Amendment) Bill 2012 |
This Act provided for the extension of the US GAAP provision in the Companies (Miscellaneous Provisions) Act 2009 A regulatory impact analysis was prepared and published, in respect of the 2009 Act. That analysis showed that, in essence, the proposed amendments in relation to the use of US GAAP were facilitative rather than impositional in nature and were likely to prove of national economic benefit. As the provisions in the 2012 Act only related to the time available to companies to use this facility a regulatory impact analysis was not considered necessary in relation to the 2012 Act. |
|
|
Microenterprise Loan Fund Bill 2012 |
Yes |
Yes |
|
Industrial Development (Science Foundation Ireland) (Amendment) Bill 2012 |
||
|
Companies Bill 2012 |
Yes |
Yes |
|
Friendly Societies and Industrial Provident Societies (Miscellaneous Provisions) Bill 2013 |
Yes |
Yes |
|
European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013 |
||
|
County Enterprise Boards (Dissolution) Bill 2013 |
Yes |
Yes |
|
Companies Miscellaneous Provisions Bill 2013 |
Yes |
Yes A regulatory impact analysis was published with the Bill. This Act made provision for some measures that were considered sufficiently urgent to be enacted in advance of what would become the Companies Act 2014. These included greater flexibility for examinership for small companies and measures concerning corporate enforcement and audit oversight. |
|
Consumer Protection and Competition Bill 2014 |
Yes |
Yes |
|
Employment Permits (Amendment) Bill 2014 |
Yes |
Yes |
|
Workplace Relations Bill 2014 |
Yes |
Yes |
|
Intellectual Property (Miscellaneous Provisions) Bill 2014 |
Yes |
Yes |
|
Industrial Development (Forfás Dissolution) Bill 2013 |
No |
No |
|
National Minimum Wage (Low Pay Commission) Bill 2015 |
Yes |
Yes |
|
Industrial Relations (Amendment) Bill 2015 |
||
|
Credit Guarantee (Amendment) Bill 2015 |
Yes |
Yes (included RIA Supplementary material following Committee Stage amendments) |
Unpublished Bills – Section A Bills for Current Dáil Session
|
Title of Bill |
Regulatory Impact Assessment undertaken in advance of publication of Bill |
Regulatory Impact Assessment published |
|
Companies (Accounting) Bill |
Yes |
A RIA will be published with the Bill |
|
Hallmarking (Amendment) Bill |
Yes |
A RIA will be published with the Bill |
Consumer Protection
Questions (214)
Michael McGrath
Question:214. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the consumer rights applying to gift vouchers; his plans to introduce new rules concerning the period for which vouchers remain valid and to strengthen consumer rights; and if he will make a statement on the matter. [45823/15]
View answerWritten answers
Gift vouchers supplied to consumers are subject to the provisions of general consumer protection legislation, in particular the provisions of the Consumer Protection Act 2007 on unfair, misleading and aggressive commercial practices and of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995). Gift vouchers that are not financial services products are covered also by the provisions of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013). Gift cards that come within the definition of “electronic money” in the European Communities (Electronic Money) Regulations 2011 are subject to the provisions of these Regulations unless the card can be used only to acquire goods or services in the premises of the card issuer or within a limited network of service providers or for a limited range of goods and services. The issuer of a gift card which comes within the definition of electronic money must, at the request of the electronic money holder, redeem the monetary value of the electronic money at par value at any time. Redemption may be subject to a fee in specified circumstances and any such fee must be proportionate and commensurate with the costs actually incurred by the issuer of the electronic money.
My Department published the draft Scheme of a comprehensive Consumer Rights Bill for public consultation on 25 May 2015. In addition to Parts dealing with the consolidation and updating of the law of the supply of goods, digital content and services and on unfair contract terms, the draft Scheme contains a number of provisions for the regulation of gift vouchers, including a proposed ban on expiry dates in contracts for the supply of gift vouchers. My aim in publishing the draft Scheme was to get as wide a range of responses as possible from consumers and traders in view of the fact that its provisions will affect virtually every business and citizen in the State. The responses to the gift card provisions in particular raised a substantial number of issues, some of which have required further engagement by my Department with stakeholders. In addition to concerns expressed by businesses about the impact of a complete prohibition on expiry dates, the responses have highlighted the need to ensure regulatory clarity and certainty in respect of the regulation of gift cards that come within the scope of the European Communities (Electronic Money) Regulations 2011. The consideration of other provisions of the draft Scheme has had to take account of EU legislative proposals on digital content and online and distance sale of goods published on 9 December 2015. My Department is currently finalising the provisions of the draft Scheme in the light of the responses to the consultation and other considerations with a view to its submission to Government in the New Year.
Transatlantic Trade and Investment Partnership
Questions (215)
Michael Creed
Question:215. Deputy Michael Creed asked the Minister for Jobs, Enterprise and Innovation the status of the Transatlantic Trade and Investment Partnership negotiations; and if he will make a statement on the matter. [45846/15]
View answerWritten answers
The last formal round of the Transatlantic Trade and Investment Partnership negotiations, which was the eleventh round since negotiations began in 2013, took place from the 19 – 23 October, 2015.
I am pleased to report that negotiations between the EU and the US on trade and investment have accelerated and solid progress has been made.
During this round, negotiators discussed all three pillars of the proposed agreement namely market access for EU and US companies, regulatory cooperation and trade rules.
There was substantial progress on market access for EU and US companies in all three areas, including tariffs, services and public procurement. A second tariff offer covering trade in goods was exchanged and both sides have now arrived at proposals covering 97% of tariff lines. Progress in this area will provide momentum in other areas of the negotiations. There was also discussion in relation to public procurement and it is envisaged that there will be an exchange of market access proposals on public procurement by February 2016.
The negotiations also provided an opportunity to clarify some of the main principles of regulatory cooperation. These included the fact that any cooperation is possible only if the level of protection for consumers stays the same or improves and any form of regulatory cooperation will not change or affect the EU regulatory and democratic process. During this round, the EU presented its first legal textual proposal for a chapter on Trade and Sustainable Development, including labour and the environment, which covers conservation, sustainable management of resources, wildlife, forestry and fisheries, as well as other substantive matters including opportunities for joint initiatives in third countries to further labour rights and environmental protection. The European Commission published this proposal on its website on the 6 November 2015.
On the 12 November 2015, the EU Commission published and formally presented to the US its proposal for a new and more transparent system for resolving disputes between investors and states – the Investment Court System. This proposal is the outcome of a lengthy public consultation process with the Member States, the European Parliament, stakeholders and the public. The Commission’s proposal aims at safeguarding Government’s right to regulate and creates a new system composed of a first instance tribunal and an appeal mechanism based on clearly defined rules, with qualified judges and transparent proceedings. The proposal also includes additional improvements on access to the new system by small and medium sized companies.
An EU-US agreement would be the world’s largest bilateral trade and investment deal, and a successful conclusion is expected to benefit Ireland more than any other EU Member State. Owing to our position as a small open economy, Ireland’s enterprises are particularly well placed to take up opportunities to trade more easily with the US. The key findings of the Copenhagen Economics study, published on the 27 March 2015, are very positive for Ireland indicating a potential impact on the Irish economy of 1.1% increase in GDP. This is double the impact for the EU as a whole.
Foreign Direct Investment
Questions (216)
Brendan Griffin
Question:216. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation if a company (details supplied) has expressed an interest in relocating here and if County Kerry is being promoted as a suitable location; and if he will make a statement on the matter. [45908/15]
View answerWritten answers
This company’s focus has shifted away from traditional manufacturing to being a more services and solutions based company. Following on from its voluntary redundancy programme as part of a global restructuring, the company has now consolidated its workforce in the three existing Irish sites and currently employs a total of over 2,300 staff. I was very pleased when the company announced a significant investment in one of those centre earlier this year, involving the creation of a significant number of new, specialised jobs there.
Regarding Foreign Direct Investment for Kerry generally, there are 12 IDA Ireland supported client companies, employing 1,874 people in the county and those companies have added 361 additional new jobs between 2011 – 2014 (a 24% increase), compared to 502 job losses in the period 2008 – 2010 (a 25% decrease). It should be noted that 70% of new IDA jobs come from existing client companies, not from new investments.
Marketing of any regional area, including Kerry, for Foreign Direct Investment is done through IDA Ireland’s network of overseas offices. IDA Ireland actively incentivises and encourages investors to consider a range of potential locations in Ireland and it is heartening that the number of IDA company visits to Kerry was six in the first nine months of 2015, double the number for the full year 2014. However it should be appreciated that the ultimate locations selected are decided by the companies themselves, taking into account factors they consider to be in the wider best interests of the individual company.
A boost to the county has been the reinstatement of Regional Aid for Co. Kerry under the new EU Regional Aid Guidelines (RAGs), which came into force last year. The RAGs enable the State to give State Aid, at enhanced rates, to businesses in order to support new investment and new employment in productive projects in Ireland's most disadvantaged regions. This means that the full range of Regional Aid assistance options are available in Kerry.
In April of this year, IDA Ireland launched its new five-year strategy entitled Winning – Foreign Direct Investment 2015-2019. The strategy has a strong focus on regional development, setting forth aims and strategies to achieve a significant increase in investment going into regional locations. To support that aim, IDA Ireland is rolling out a €150 million capital investment programme to help attract more multinational jobs into each region over a 5-year period. This programme will include investments over the coming years in constructing Advanced Technology Buildings and office facilities in a number of regional locations to provide state-of-the-art property solutions for clients. Tralee is to be the site of one such Advanced Technology Building.
While all regions have grown employment since the Action Plan for Jobs was launched in 2012, some regions have grown faster than others, that is why I set about introducing an initiative for Regional Action Plans for Jobs. The purpose of this initiative is to identify a range of actions over the period 2015 - 2017 aimed at facilitating each region to achieve its economic potential and raise employment levels. Earlier this year I launched the Action Plan for Jobs for the South West (Cork and Kerry). The aim is to develop the full potential of that region for enterprise and job creation, building upon its specific local assets and areas of competitive advantage. The primary objective of this Plan is to have a further 10 to 15 per cent at work in the region by 2020 and to ensure that the unemployment rate is within 1 per cent of the State average. Achieving this goal in the South West will contribute to the overall ambition of creating sustainable full employment in Ireland from 2018 onwards.
Enterprise Ireland
Questions (217)
Brendan Griffin
Question:217. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the status of assistance being provided by Enterprise Ireland for a potential enterprise (details supplied) in County Kerry; and if he will make a statement on the matter. [45909/15]
View answerWritten answers
At the request of Deputy Griffin, Enterprise Ireland (EI) met a marine business in County Kerry who wanted to provide specialist training for ships' crews. EI referred the company to the Cork Business Innovation Centre (BIC) and suggested that they formulate a business plan.
EI understands that the company has not progressed with the project since, nor sought a follow up meeting. I wish to advise that following engagement with Cork BIC, Enterprise Ireland is ready to engage further with the company.
Enterprise Ireland
Questions (218)
Brendan Griffin
Question:218. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the status of assistance being provided by Enterprise Ireland for a potential enterprise (details supplied) in County Kerry; and if he will make a statement on the matter. [45910/15]
View answerWritten answers
At the request of Deputy Griffin, Enterprise Ireland contacted Mr Kerins in relation to the Tourism App Company but has not received a response.
I have requested Enterprise Ireland to follow up again in relation to this matter.