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Tuesday, 26 Jan 2016

Written Answers Nos. 148-164

Financial Services Ombudsman Data

Questions (148)

Michael McGrath

Question:

148. Deputy Michael McGrath asked the Minister for Finance the number of complaints received, upheld, and in which compensation was awarded by the Financial Services Ombudsman regarding the sale of whole-of-life insurance policies in each year from 2011 to 2015, in tabular form; the impact of the six-year rule on complaints regarding long-term policies such as whole-of-life assurance; and if he will make a statement on the matter. [3232/16]

View answer

Written answers

I have been informed by the Financial Services Ombudsman's Bureau that complaints in relation to whole-of-life policies in the years requested were as follows:

Year

No.

2011

152

2012

218

2013

193

2014

105

2015

64

The Bureau was unable to investigate these complaints because they all related to mis-selling which occurred more than six years before the complaint was made and section 57BX(3) of the Central Bank Act 1942 as amended provides that "A consumer is not entitled to make a complaint if the conduct complained of ...(b) occurred more than 6 years before the complaint is made...".

My Department has been progressing the amalgamation of the Offices of the Financial Services Ombudsman and the Pensions Ombudsman. The question of the timeframe under which complaints can be reviewed is a policy matter which will be considered as the legislation to effect the amalgamation is being developed. I am of course mindful of the need to provide the necessary protection to the consumer over the longer term. However, the issues in this regard are complex involving a range of considerations including the interface with the Statute of Limitations, existing consumer protection laws, complaints mechanisms and the availability of records.

Public Sector Staff Retirements

Questions (149)

Dominic Hannigan

Question:

149. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform the guidelines for the age of compulsory retirement for staff working in the Houses of the Oireachtas; if there is a distinction between the retirement age of public representatives and office staff in the House of the Oireachtas and, if so, the justification for this. [3108/16]

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Written answers

For staff of the Houses of the Oireachtas Service who are civil servants of the State, there are differing compulsory retirement ages depending on when one first entered the relevant pension scheme. These are 65, 70 and no upper age limit. Members of the Oireachtas have no fixed retirement age, as they are not employees, but elected office holders.  While the Constitution specifies a minimum age of 21 at which one is eligible for membership of either of the Houses of the Oireachtas, there is no upper age limit specified.  

Departmental Properties

Questions (150)

Seán Ó Fearghaíl

Question:

150. Deputy Seán Ó Fearghaíl asked the Minister for Public Expenditure and Reform if the Office of Public Works will outline the status of the use of the former Garda station at Ballymore Eustace, County Kildare; and if he will make a statement on the matter. [3118/16]

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Written answers

The former Garda Station in Ballymore Eustace is one of a number of Garda Stations that were closed on foot of a review of Garda operations. The Commissioners of Public Works interest in the property will be surrendered in due course.

Coastal Protection

Questions (151)

Joe Carey

Question:

151. Deputy Joe Carey asked the Minister for Public Expenditure and Reform the status of tidal protection banks (details supplied) at Kilkee, County Clare; and if he will make a statement on the matter. [3120/16]

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Written answers

The embankments in question are old Land Commission embankments for which the Office of Public Works (OPW) has no responsibility. However, in September 2015, the OPW provided funding of €1,435,952 to Clare County Council as a once-off allocation for the repair of coastal infrastructure arising from the severe storms which occurred at the beginning of 2014. This was in addition to the funding of €8,276,433 which had already been committed for specific coastal areas identified for repair by the Council. All monies have been paid to Clare County Council and it is a matter for the Council to prioritise and implement all necessary repair works.

Public Sector Pensions Levy

Questions (152)

Terence Flanagan

Question:

152. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will phase out the pension-related deduction; and if he will make a statement on the matter. [3068/16]

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Written answers

The public service Pension-related Deduction (PRD), which applies to the pay of most pensionable public servants, was introduced with effect from 1 March 2009 under the Financial Emergency Measures in the Public Interest (FEMPI) Act 2009. It remains a key part of the overall set of public service pay and pension retrenchment measures legislated over the period 2009 to 2013 in response to the fiscal crisis under the FEMPI Acts.

I am required by legislation to review the FEMPI measures annually. My most recent such review, which was laid before the Houses of the Oireachtas on 29 June 2015, concluded that because of the economic and fiscal improvement of recent years, this Government was in a position to, and intended to, ameliorate some of the FEMPI measures. The amelioration of the FEMPI measures was negotiated and agreed by public service employers with the Public Services Committee of the Irish Congress of Trade Unions representing public servants, under the terms of the Lansdowne Road Agreement. These ameliorative measures are provided for in the FEMPI Act of 2015.

With regard to PRD, the FEMPI 2015 changes are delivering significant income increases to all affected public servants by way of increase of the PRD exemption threshold, to €26,083 from 1 January 2016 and again to €28,750 from 1 January 2017. This two-stage part-restoration will remove some lower-paid public servants from the impact of PRD entirely, while meaning that those who continue to be impacted by PRD will receive an effective annual pay boost of €733 in 2016, rising to €1,000  from 2017, by comparison with the pre-FEMPI 2015 Act position. In addition to the PRD changes, public servants on annual salaries up to €24,000 received a pay increase of 2.5% on 1 January 2016, while those on annual salaries from €24,001 to €31,000 received a pay increase of 1% on the same date. On 1 September 2017 all annual salaries up to €65,000 will be increased by €1,000.

Economic and fiscal progress in the years ahead will determine the scope and timing for further changes to the financial emergency measures, including the PRD.

Garda Station Closures

Questions (153)

Jim Daly

Question:

153. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the status of a Garda station (details supplied) in County Cork, including the future plans for it; and if he will make a statement on the matter. [3073/16]

View answer

Written answers

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

The Chief State Solicitor's Office (CSSO) have issued the licence, which sets out the terms and conditions applicable for the use of the former Garda station at Castletownshend, to the solicitors representing the Association. As soon as the Association is satisfied and accepts the terms and conditions of the licence, the Commissioners of Public Works should be in a position to licence the property for the use of the Association shortly thereafter.

Flood Risk Assessments

Questions (154)

Brendan Griffin

Question:

154. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding flooding. [3149/16]

View answer

Written answers

The Banna Drainage District drains lands in Carrahane Lower and Banna-Mountain townlands and the statutory duty of maintenance for this schemes rests with the Local Authority.

Part of the townland of Banna-Mountain is currently subject to a detailed assessment being carried out by engineering consultants on behalf of the Office of Public Works, under the Shannon Catchment Flood Risk Assessment and Management (CFRAM) Study, in partnership with Kerry County Council). Draft Flood Mapping, produced under the Study, was the subject of a Public Consultation Day in Banna Beach Resort on 24 March 2015. The draft Flood Mapping is now being finalised following completion of a national statutory public consultation on 23 December 2015. Work on the development of preliminary options to address the potentially significant flood risks identified in the Study area is underway. In that regard, a Public Consultation Day was held in Banna Beach Resort on 1 October 2015. Following finalisation of the mapping and the identification of feasible flood risk management options, the outputs from this important Study will be published as part of an integrated Flood Risk Management Plan. Further information is available on the Study website www.shannoncframstudy.ie.

Investigation of flooding, in the first instance, is a matter for each local authority to investigate and address. Kerry County Council may carry out flood mitigation works using its own resources. The Council may also apply to the Office of Public Works (OPW) for funding of flood mitigation works under the Minor Flood Mitigation Works and Coastal Protection Scheme. The purpose of this scheme is to provide funding to local authorities to undertake minor works to address localised flooding and coastal protection problems within their administrative areas. Funding of up to 90% of the cost is available for approved projects that are estimated to cost no more than €500,000. Details of the Schemes eligibility criteria are published on the OPW website www.opw.ie.

Public Service Reform Plan Measures

Questions (155)

Jim Daly

Question:

155. Deputy Jim Daly asked the Minister for Public Expenditure and Reform in the lifetime of this Government, the number of proposals managerial staff in any agency or managerial body under his remit put forward to alter the roll-out of public services which were delayed, postponed or abandoned as a result of non-co-operation by trade union representatives; and if he will make a statement on the matter. [3178/16]

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Written answers

In response to the Deputy's question, no proposals have been put forward by managerial staff from any agencies under my remit to alter the roll-out of public services which were delayed, postponed or abandoned as a result of non-cooperation by trade union representatives.

Public Service Contracts

Questions (156)

Dan Neville

Question:

156. Deputy Dan Neville asked the Minister for Public Expenditure and Reform the criteria a contractor must satisfy to carry out works for the Office of Public Works and if a person (details supplied) can be notified of upcoming projects in order to submit a tender; and if he will make a statement on the matter. [3261/16]

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Written answers

Requests are sought for tenders in a broad range of categories ranging from capital construction projects, flood relief projects, property maintenance works, supplies and services, etc. and are procured via open, restricted, negotiated procedure and/or advertised on e-Tenders. The criteria are identified in the request for tender documentation. Suppliers can register on e-Tenders to receive notifications of upcoming competitions.

Exports Data

Questions (157)

John Paul Phelan

Question:

157. Deputy John Paul Phelan asked the Minister for Jobs, Enterprise and Innovation the new markets opened up to Irish exports and the nature of these exports, such as beef, in each of the years 2011 to 2015; and if he will make a statement on the matter. [3246/16]

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Written answers

In the period 2011-2015, Free Trade Agreements were concluded by the EU covering a wide range of goods and services, including those with Canada, Vietnam, Singapore, Colombia, Peru, Ecuador and Ukraine. As regards agriculture specifically, the following table shows the markets that have been opened up to Irish agricultural exports in the period 2011-2015.

Year

Country

Product

2011

Turkey

Beef

2011

Singapore

Beef

2011

Egypt

Beef

2011

Serbia

Heat treated meat products

2012

Morocco

Poultry meat

2012

Singapore

Sheepmeat

2012

UAE

Poultrymeat

2012

South Africa

Sheepmeat

2012

Serbia

Pigmeat

2013

Belarus

Beef

2013

Kazakhstan

Beef

2013

UAE

Sheepmeat

2013

Azerbaijan

Heat treated meat products

2013

Canada

Sheepmeat

2013

Australia

Pigmeat

2013

Japan

Beef

2014

Lebanon

Beef, Sheepmeat, Heat treated meat products

2014

Hong Kong

Sheepmeat

2014

Namibia

Beef, Sheepmeat

2014

Philippines

Beef, Sheepmeat, Pigmeat

2014

Vietnam

Pigmeat

2014

New Caledonia

Beef

2015

USA

Beef

2015

Hong Kong

Heat treated meat products

2015

South Africa

Heat treated pigmeat products

2015

Canada

Beef

2015

Oman

Beef, Sheepmeat

2015

Maldives

Beef, Sheepmeat, Pigmeat

As part of the strategy to support increased exports and jobs, this Government has more than doubled the number of trade missions led by myself and other Government Ministers since taking office. We have supported Irish companies in consolidating their presence in existing markets and we have assisted companies in opening doors for entry into new markets.

Enterprise Ireland provides direct supports to assist companies with internationalisation plans including access to the supports provided by its international network of overseas offices, international Trade Missions, sales and marketing review tools and financial supports. Responding to evolving growth opportunities and to its clients’ export strategies, Enterprise Ireland has opened new overseas offices including those in Abu Dhabi, UAE, Perth, Australia and Doha, Qatar, which were opened during 2014 and 2015.

The companies supported by Enterprise Ireland are winning more export sales than ever before. Record exports of €18.6bn were achieved in 2014 by Enterprise Ireland client companies with growth recorded across all sectors and all global regions. Demand showed greatest growth in the Latin America and Asia Pacific regions - up 42% and 25% respectively.

Transatlantic Trade and Investment Partnership

Questions (158)

Barry Cowen

Question:

158. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation the cost of the implementation of the Transatlantic Trade and Investment Partnership Agreement to the Exchequer; and if he will make a statement on the matter. [2700/16]

View answer

Written answers

The EU-US Transatlantic Trade and Investment Partnership Agreement will be the world’s largest bilateral trade and investment deal, and a successful pact is expected to benefit Ireland more than any other EU Member State. It is very important to Ireland as it will build on our already rewarding economic relationship with the US and create new opportunities to stimulate growth, create employment and continue to grow our economy. An independent study commissioned by my Department, carried out by Copenhagen Economics, found that almost half (49%) of Irish exports outside of the EU end up in the US, compared to the combined average of 16% for all Member States, and 25% of foreign direct investment (FDI) in Ireland comes from the US.

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 27th March 2015, are very positive for Ireland. The study estimates that the benefits in Ireland will be proportionally greater than in the EU as a whole.

It suggests a boost to GDP of 1.1%, growth in Irish exports of almost 4%, increases in investment of 1.5%, and an increase in real wages of 1.5%. It estimates a jobs gain of somewhere between 5,000 and 10,000 additional export related jobs. The study predicts new opportunities for many Irish industry sectors including pharmaceuticals and chemicals, Agri-food (notably dairy and processed food), insurance and machinery.

This means that every day an EU-US free trade agreement is not signed costs the State the possible benefits and advantages of an agreed deal.

The EU-US trade negotiations herald the start of a new style of trade agreement that not only covers tariffs, trade and investment but also includes regulatory coherence and cooperation, setting global standards, for half the world’s GDP and one-third of the world’s trade. An EU-US trade agreement will tackle a whole range of issues to make business with the US easier. It will remove customs duties, end limitations in access to public contracts, open-up services' market, offer predictable conditions for investors and will also contain guarantees to ensure that economic gains do not come at the expense of democracy, the environment or consumers' health and safety.

The EU-US Free Trade Agreement will open up further opportunities in the US market for Irish companies in particular SME’s. I will continue to seek an agreement that is both comprehensive and balanced and that will deliver real trade and economic potential for our country, bearing in mind our defensive interests, in sensitive areas such as the beef sector, and offensive interests to open opportunities, in areas such as our important dairy industry.

In assessing the potential cost to the Exchequer of any implementation of a Transatlantic Trade and Investment Partnership Agreement it should be noted that customs duties are assessed and collected by Member States on behalf of the EU and are remitted directly to the EU.

Departmental Investigations

Questions (159)

Pearse Doherty

Question:

159. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if his Department has ever investigated allegations of maladministration of European Union grants and funds; in which years such investigations took place; the authorities who carried them out; the conclusions of such investigations; and if he will make a statement on the matter. [2725/16]

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Written answers

In 1999, my Department was advised by ISME, the Irish Small and Medium Enterprises of Ireland Association, that irregularities in the use of funds allocated from the European Social Fund (ESF) had been notified to the Garda Fraud Squad. A file was referred to the Director of Public Prosecutions (DPP) who decided that there were no grounds for action. In accordance with rules relating to use of all European Funds, my Department was obliged to notify the European Commission, in a Quarterly Communication of Irregularities, required under Commission regulations 1681/94 and 1831/94, that the matter was under investigation. On completion of the Garda Fraud Squad investigation and the decision of the DPP, the European Commission was notified that enquiries had not found evidence to substantiate the allegations made and that, accordingly, no irregularity in relation to the project had arisen.

From my Department’s perspective, this was the end of the matter. My Department’s actions in relation to the issue were the subject of a complaint to the Office of the Ombudsman. The complaint was not upheld.

Small and Medium Enterprises Supports

Questions (160)

Michael Creed

Question:

160. Deputy Michael Creed asked the Minister for Jobs, Enterprise and Innovation the supports available to small and medium enterprises to provide training to employees in order to comply with legislative requirements in terms of health and safety, manual handling, food hygiene, forklift driving and so on; and if he will make a statement on the matter. [2735/16]

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Written answers

Health and safety is crucial in the workplace, and there is a range of legislation underpinning the requirements to keep people safe. The Health and Safety Authority (HSA) is the national statutory body with responsibility for ensuring that approximately 1.8 million workers (employed and self-employed) and those affected by work activity are protected from work related injury and ill-health. The HSA does this by enforcing occupational health and safety law, promoting accident prevention, and providing information and advice across all sectors, including retail, healthcare, manufacturing, fishing, entertainment, mining, construction, agriculture and food services. For example in relation to manual handling, the HSA developed a manual handling training system, which includes a Level 6 Manual Handling Instruction and People Handling Instruction Awards managed by Quality and Qualifications in Ireland (QQI).

The HSA’s BeSmart (https://www.besmart.ie/) is a free, easy to use, online tool to assist small businesses in generating their own risk assessments and safety statements as required under health and safety legislation. The use of BeSMART can significantly reduce the administrative burden on businesses by:

- Reducing the amount of time employers spend preparing their risk assessments and safety statements;

- Reducing the dependence of many small businesses on costly external assistance for the production of safety documents;

- Eliminating the perception many employers have that they are not competent to develop their own safety documentation; and

- Increasing small business compliance levels as owners take more responsibility for day to day safety management.

In addition to the BeSMART programme the HSA has produced an on-line training management system (https://hsalearning.ie/) to reduce the cost of safety and health training to business, this has created further reductions in costs and improved competitiveness.

In addition there are Agencies under the remit of my Department who develop indigenous Irish businesses: Enterprise Ireland and the Local Enterprise Offices (LEOs). Enterprise Ireland is responsible for the development and growth of Irish enterprises in world markets. The LEO is the First Stop Shop for anyone seeking information and support on starting or growing a business in Ireland. Enterprise Ireland and the LEOs offer a range of supports including training to meet client needs. Details of training courses are available online at: https://www.enterprise-ireland.com/en/ and https://www.localenterprise.ie/.

This Government is committed to supporting SMEs and has developed a specific Supporting SMEs campaign and a Supporting SMEs online tool, to help SMEs discover the over 80 supports available from Government Departments and Agencies. The tool can be accessed at: http://www.supportingsmes.ie/businessdetails.aspx.

Third Level Expenditure

Questions (161)

Charlie McConalogue

Question:

161. Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation the amount of the €296.1 million programme for research in third level institutions, cycle 5, announced in 2010 that has been spent to date; and if the outturn has been less than €296.1 million, the reason this is the case. [2895/16]

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Written answers

The Programme for Research in Third-Level Institutions (PRTLI) was launched in 1998, with five cycles of expenditure to date. The PRTLI supports the provision of top-class research infrastructure (buildings, laboratories and cutting edge equipment) as well as human capital development, through Structured PhD/Emergent Technology programmes across Ireland’s Higher Education Institutes (HEIs). The Programme is designed to facilitate Ireland’s HEIs to produce world class research in key strategic areas: including but not limited to bioscience/biomedical; medical technologies; energy, environment and marine; food and drink; social sciences and humanities; ICT and advanced communications and; platform technologies and materials.

At the time that Cycle 5 was announced in 2010, projects amounting to €296.1m of Exchequer investment and a further €62.6m of private investment were identified.

The Exchequer component of PRTLI Cycle 5 has since reduced to €277.7m as three recurrent projects did not proceed to formal funding approval. Of the €277.7m in Exchequer funding for approval projects, €258.3m is projected to be spent by March 2016.

The following table is a summary of expenditure under the Programme for Research in Third Level Institutions (PRTLI) Cycle 5 to end 31st December 2015.

PRTLI Cycle 5 Expenditure Summary as at 31st December 2015

-

Capital

Recurrent

Total

Approved Exchequer Funding*

191,425,000.00

86,287,000.00

277,712,000.00

HEI Declared Exchequer Expenditure to 30/09/15**

178,818,000.00

79,455,000.00

258,273,000.00

*Three recurrent funded projects announced in 2010 did not receive formal funding approval.

**The Recurrent Amount = Declared Expenditure to 30/09/15 + Projected Expenditure to 31/03/16

Cumulatively, the HEIs have yet to spend their full Exchequer allocations. The majority of projects are progressing well at this stage and should reach completion by the end of 2016 (some building projects have already been delivered but final expenditure declarations have yet to made). As with previous cycles, there is a long lead time expected before both the total spend and the administrative obligations are finalised.

Legislative Measures

Questions (162)

Seán Fleming

Question:

162. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation when the Construction Contracts Act will be fully implemented and all adjudication plans fully in place so that subcontractors who are now on Government funded jobs and who are having difficulty being paid by the main contractor will be able to use this legislation; and if he will make a statement on the matter. [2937/16]

View answer

Written answers

The Government is committed to the earliest possible implementation of the Construction Contracts Act, 2013 and in order to achieve this, approved the delegation of responsibility for its implementation to me as Minister for Business and Employment. I am taking all the necessary steps to bring about implementation of the legislation and significant progress has been made to date. I appointed Dr. Nael G. Bunni as Chairperson of the Construction Contracts Adjudication Panel in July last year. I have also recently appointed thirty members of the Panel of Adjudicators, following a competitive process conducted by the Public Appointments Service.

The next stage in the implementation process is the publication of a Code of Practice governing the conduct of adjudications as required under Section 9 of the Act, which will be binding on all adjudicators operating under the Act. This is at an advanced stage and will be finalised as soon as possible.

Once the Code of Practice has been published, a date for the commencement of the Construction Contracts Act, 2013 will be announced in advance, in order to provide sufficient notice to those affected by the Act's provisions to incorporate the requisite changes into future construction contracts and to allow for a public information campaign.

Community Enterprise Centres

Questions (163)

Michelle Mulherin

Question:

163. Deputy Michelle Mulherin asked the Minister for Jobs, Enterprise and Innovation the status of two applications by an enterprise centre (details supplied) in County Mayo to the Enterprise Ireland community enterprise initiative fund; when a decision will be made on the application; and if he will make a statement on the matter. [2973/16]

View answer

Written answers

I am informed by Enterprise Ireland that submissions made under the competitive Community Enterprise Initiative Scheme are currently subject to assessment as to eligibility, identification of eligible expenditure in line with aid and scheme guidelines and a competitive evaluation process. I am also informed that it is targeted that details of successful applications will be announced in the first quarter of 2016.

Small and Medium Enterprises Supports

Questions (164)

Finian McGrath

Question:

164. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation to support and advise a small company (details supplied) in Dublin 9 that is seeking to develop and expand its business; and if he will make a statement on the matter. [3075/16]

View answer

Written answers

The Local Enterprise Offices (LEOs) are now the ‘first-stop-shop’ State support service for micro and small businesses in each local area. The LEOs provide advice and direction, covering all government supports and requirements, to anyone who wishes to start or expand a business. They can also provide funding for projects that meet certain criteria, generally with regard to export potential, and other non-financial supports such as training and mentoring. In addition, any business can use the LEOs to help them to access finance from Micro Finance Ireland (MFI), which offers loans of up to €25,000 to start-up, newly established or growing microenterprises (employing less than 10 people) with viable business propositions that do not meet the conventional risk criteria applied by the banks. Applications for the Microfinance Fund should be channelled through the local LEO. Further information is available on the LEO website at www.localenterprise.ie.

Businesses can also access the ‘Supporting SMEs’ online search tool that was launched last year. By answering eight questions, a small business will be able to:

- Find out which of the over 80 Government business supports from 27 different Government Departments, Agencies and Initiatives are available to them;

- obtain information on the range of Government supports for accessing credit;

- identify their nearest Local Enterprise Office where they can discuss the outcomes of the guide further;

- download all these filtered results into a document for their further use.

The ‘Supporting SMEs’ Online Tool is available at: www.actionplanforjobs.ie.

For enterprises in the Dublin City Council area the contact details for the LEO Dublin City are: Civic Offices, Block 4, Floor 1, Wood Quay, Dublin 8, Tel: 01 222 5611/2, email: info@leo.dublincity.ie.

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