Tuesday, 19 Jul 2016

Written Answers Nos. 877-890

Trade Missions

Questions (877)

Joan Collins

Question:

877. Deputy Joan Collins asked the Minister for Jobs, Enterprise and Innovation if she is aware that the cathaoirleach of Sligo County Council was not invited to attend the joint trade mission which she attended in the Park Hotel, Sligo on 18 May 2016; if she is further aware that Sligo County Council at its meeting on 13 June 2016 called on the chairman and board of both Enterprise Ireland and the Industrial Development Agency to take the necessary steps to ensure that a representative of the county council is invited to such significant and important events held in Sligo in the future; if she will consider contacting Enterprise Ireland and the IDA to highlight the enhanced role of local authorities in terms of promoting enterprise and economic development; and if she will make a statement on the matter. [22023/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The joint Trade Mission was one of three similar events held in Athlone, Sligo and Limerick over 18th and 19th May 2016 as part of Enterprise Ireland’s and IDA Ireland’s joint Trade and Investment Mission to Ireland. The nature of the event was operational with the objective of introducing high quality indigenous companies to multinational companies around the country. It was a Business-to-Business event focused on identifying sourcing opportunities while enhancing networks regionally and nationally.

The event was very well attended by both IDA Ireland and Enterprise Ireland clients. It is the first time such an event took place in Sligo and over 100 one-to-one meetings took place on the day. The companies that attended were not all North-West based, many having travelled long distances.

The Chief Executives of Sligo, Donegal and Leitrim County Councils were invited and participated at the Sligo event.

On June 16th 2016 Sligo County Council wrote to IDA Ireland and Enterprise Ireland outlining a resolution that was carried at the Ordinary Meeting of Sligo County Council held on June 13th 2016. It expressed its concern that the Agencies failed to invite a representative from Sligo County Council to the event and sought a reply.

Both Agencies sent a joint letter dated 20th June 2016 clarifying that the Chief Executive of Sligo County Council had been invited and was present at the Sligo event.

The event was very well attended by both IDA Ireland and Enterprise Ireland clients. It is the first time such an event took place in Sligo and over 100 one-to-one meetings took place on the day. The companies that attended were not all North-West based, many having travelled long distances.

Enterprise Ireland and IDA recognise and support the enhanced role of local authorities in terms of promoting enterprise and economic development and where appropriate, representatives of the Council are invited and will continue to be invited to significant and important events in the Region.

Trade Agreements

Questions (878)

Seán Crowe

Question:

878. Deputy Seán Crowe asked the Minister for Jobs, Enterprise and Innovation her views that the European Union-Canada Comprehensive Economic Trade Agreement, CETA, should be provisionally applied, before Dáil Éireann has the chance to debate and vote on its ratification; and if she will veto the provisional application of it until the parliaments of each member state have debated and voted on CETA. [22138/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a new generation agreement that will remove over 99% of tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. It will end limitations in access to public contracts, open-up services market, and offer predictable conditions for investors. The agreement covers virtually every aspect of economic activity, and it is extremely important for Ireland. It offers significant opportunities for growth in trade for with Canada. The agreement opens up public procurement markets in the Canadian provinces giving Irish firms increased access to Canadian public sector purchasing. Ireland also gains unlimited tariff free access for most of our important food exports. Irish firms will also benefit from the recognition of product standards. In addition, Ireland successfully campaigned for a low beef import quota from Canada to the EU thereby safeguarding our important EU market in this area.

The EU Commission consulted the State and other EU governments on a regular and ongoing basis throughout the CETA negotiations. The EU Commission also consulted the European Parliament. All Member States advised and assisted the Commission in negotiating and concluding this agreement. As in all free trade negotiations, Ireland ensured that our economic interests were both promoted and defended to the fullest extent possible to secure the best deal for us.

At the EU Council of Trade Ministers on the 13th May 2016, the Council had an exchange of views on the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and the process towards signature and provisional application of the agreement. The European Commission and Member States highlighted the high quality of the agreement reached with Canada and expressed the desire to work towards signature of the agreement at the October EU-Canada Summit. At the meeting, I made Ireland’s approach clear, that based on our assessment of its provisions, we viewed CETA as a mixed Agreement, in terms of EU and Member State competency.

The Commission published its proposals for signature, conclusion and provisional application of the agreement on the 5th July 2016. In view of the position taken by Ireland and other Member States I note that the Commission has now decided to submit CETA to the Council for decision as a mixed agreement.

It will be a matter for the Council and the European Parliament to decide on the signature and provisional application of CETA. Following a decision by the Council with the consent of the Parliament, it will be possible to provisionally apply CETA. Its full entering into force will be subject to the conclusion by the EU, through a Council decision with the consent of the Parliament, and by all Member States through the relevant national ratification procedures. This means that the Oireachtas will be part of the final decision to ratify the agreement.

The provisional application of Free Trade Agreements is standard practice. What is at issue is what should be within scope in such application. We have argued that only those areas directly within exclusive Commission competence should be covered by provisional application. The Commission has already accepted that the CETA is a mixed agreement.

IDA Data

Questions (879, 880)

Niall Collins

Question:

879. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of those in employment in IDA Ireland supported companies in regions (details supplied) on an annual basis over the period 2012 to 2015 in tabular form; and if she will make a statement on the matter. [22181/16]

Niall Collins

Question:

880. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of persons in employment in IDA Ireland supported companies in the mid-east and Dublin regions on an annual basis over the period 2012 to 2015 in tabular form; and if she will make a statement on the matter. [22182/16]

Written answers

Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O'Connor)

I propose to take Questions Nos. 879 and 880 together.

The requested information is set out in the following table.

It should be noted that 2015 was a record year for IDA Ireland client companies. The total number of people employed in IDA Ireland-supported companies reached 187,056. Not only is this an increase of over 27,000 jobs from 2012, it is also the highest in the Agency’s history.

Since 2015 IDA Ireland has been working towards targets set out in their strategy “Winning - Foreign Direct Investment 2015-2019” including the creation of 80,000 new jobs and 900 new investments, which would bring total FDI employment in Ireland to 209,000 by 2019. The Agency is also aiming to increase the level of investment by 30% to 40% in each region.

The Government’s commitment to countrywide job creation is further illustrated by the Regional Action Plan for Jobs initiative. This initiative saw eight plans published throughout 2015 and 2016, which identified a range of actions aimed at supporting each region to achieve its economic potential and raise employment levels.

These new regional initiatives are already producing results. In 2015, IDA Ireland client companies created 18,983 jobs across a range of sectors, with every region posting net job gains. Moreover, 53% of those jobs are outside of Dublin, compared to 49% in 2014.

Total Jobs in IDA Ireland Client Companies 2012-2015

Region	County	2012	2013	2014	2015
Dublin	Dublin	61,803	66,610	71,432	77,244
Mid-East	Kildare	10,416	10,275	10,222	10,313
Mid-East	Meath	1,463	1,555	1,552	1,571
Mid-East	Wicklow	2,397	2,413	2,340	2,211
Mid-East Total		14,276	14,243	14,114	14,095
North-East	Cavan	1,128	1,135	1,136	1,165
North-East	Louth	1,881	2,568	3,029	3,245
North-East	Monaghan	348	365	275	146
North-East Total		3,357	4,068	4,440	4,556
North-West	Donegal	2,223	2,382	2,607	2,918
North-West	Leitrim	714	447	411	423
North-West	Sligo	2,257	2,090	2,061	2,029
North-West Total		5,194	4,919	5,079	5,370
Midlands	Laois	84	106	87	97
Midlands	Longford	696	701	650	686
Midlands	Offaly	901	896	890	902
Midlands	Westmeath	2,256	2,212	2,396	2,529
Midlands Total		3,937	3,915	4,023	4,214
West	Galway	12,881	13,443	13,815	14,297
West	Mayo	3,537	3,728	3,932	3,981
West	Roscommon	884	911	867	936
West Total		17,302	18,082	18,614	19,214
Mid-West	Clare	6,430	6,343	6,477	6,599
Mid-West	Limerick	7,176	7,458	7,939	8,849
Mid-West	Tipperary North Riding	294	306	298	318
Mid-West Total		13,900	14,107	14,714	15,766
South-East	Carlow	645	735	749	768
South-East	Kilkenny	572	617	716	650
South-East	Tipperary South Riding	3,393	3,055	3,246	3,200
South-East	Waterford	5,112	5,183	5,248	5,662
South-East	Wexford	2,350	2,413	2,503	2,486
South-East Total		12,072	12,003	12,462	12,766
South-West	Cork	26,333	27,456	28,471	31,900
South-West	Kerry	1,605	1,638	1,874	1,931
South-West Total		27,938	29,094	30,345	33,831
Total	Total	159,779	167,041	175,223	187,056

Consumer Protection

Questions (881)

Niall Collins

Question:

881. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the steps she and agencies under her control are taking to monitor and safeguard consumers from escalating costs; the actions being taken to tackle the issue of soaring insurance costs for businesses; the actions she will take to address this inhibitor on national competitiveness and the ability to attract businesses to establish here; and if she will make a statement on the matter. [22184/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The Costs of Doing Business Report published by the National Competitiveness Council on April 21st provides an assessment of Ireland's cost competitiveness performance vis-à-vis a range of competitor countries. The report, which has been noted by Government, concentrates on the costs that are largely domestically determined such as labour, property, transport, energy, water, waste, communications, credit /financial, and business service. It finds that Ireland’s cost base has improved across a range of metrics over the last five years. This has made Irish firms more competitive internationally and made Ireland a more attractive location for firms to base their operations in.

Despite these improvements, Ireland remains a relatively high cost location for a range of key business inputs. There is upward cost pressure evident in the market for commercial insurance. The report is a timely reminder of the risks of complacency regarding our cost competitiveness.

To protect the gains achieved to date, to sustain the recovery, and to ultimately spread the benefits of economic growth to all, we must continue to enhance all aspects of our cost competitiveness. The policy implications of the Costs of Doing Business report and the associated reforms required to address Ireland’s cost base, will be included in the Council’s annual Competitiveness Challenge report which will be brought to Government and published later this year.

Insurance costs are relevant to businesses of all sizes and in all sectors of the economy. In general insurance costs account for a relatively low proportion of the overall enterprise cost base. While insurance costs represent a minor component of enterprise operating costs, premium increases can have an impact on costs, particularly for SMEs and micro enterprises. Under EU law, the ability of the Government to influence insurance pricing is limited. While the provision and the pricing of insurance policies is a commercial matter for insurance companies, competitive and transparent markets are vital.

While my Department has no role in the supervision or regulation of insurance, which is primarily a policy and supervisory matter for the Department of Finance and the Central Bank respectively, last year, the National Competitiveness Council (NCC) considered the commercial insurance market in Ireland as part of its 2015 Costs of Doing Business in Ireland 2015 report. It subsequently set out a range of potential actions which could help facilitate enhanced cost competitiveness in the non-life commercial insurance market. These were set out in its Competitiveness Challenge 2015 report. The Council concluded that the absence of price data makes it very difficult to assess market conditions and competitiveness in the non-life insurance market. The Council subsequently recommended that responsibility for improving insurance cost competitiveness of commercial insurance must be clearly assigned and accorded sufficient priority by policymakers and there is a need to comprehensively benchmark insurance costs and the drivers of costs in Ireland with costs in our key competitors.

The Department of Finance is currently examining the factors which contribute to increasing costs of insurance. This work is part of an overall review of policy in the insurance sector which that Department is carrying out in consultation with the Central Bank and other Departments, Agencies and external stakeholders. My Department will continue to engage with the Department of Finance in their ongoing work.

EU Directives

Questions (882)

Niall Collins

Question:

882. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if the new EMF workplace directive (2013/35 EU) has been transposed; and if she will make a statement on the matter. [22185/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

The provisions of Directive 2013/35/EU were transposed through the Safety, Health and Welfare at Work (Electromagnetic Fields) Regulations, 2016 (S.I. No. 337 of 2016). The statutory instrument was signed by the Minister for Jobs, Enterprise and Innovation, Mary Mitchell O’Connor T.D, on 29th June 2016 and came into effect on 1st July 2016. This timeline met the transposition requirements laid down in Article 15 of the Directive.

The EU Directive deals with health and safety at work and lays down the minimum safety requirements regarding the exposure of workers to risks arising from electromagnetic fields. The new Regulations rely upon the principles already expounded in the Safety, Health and Welfare at Work Act, 2005 and in Parts 2 and 3 of the Safety, Health and Welfare at Work (General Application) Regulations 2007-2016.

An initial set of draft Regulations and an Impact Assessment were the subject of a public consultation exercise conducted by Health and Safety Authority last year. A practical guide has been prepared to assist employers, particularly small to medium sized enterprises, to understand what they will need to do to comply with the Directive. It can be downloaded from the website of the Health and Safety Authority.

Regional Aid

Questions (883)

Peadar Tóibín

Question:

883. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the impact of the extension of the regional aid map to include Athy, County Kildare; if this has led to direct state aid to new or existing companies in the area to date; the efforts that have been taken to advertise this incentive for the area; and the companies in the Athy region which were approved payments by enterprise agencies. [22222/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The Regional Aid Guidelines enable the State to grant 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. The 2014-2020 Regional Aid Guidelines entered into force on 1 July 2014. Areas accounting for 51.28% of Ireland’s population are now eligible for assistance under the Regional Aid Guidelines. This represents a substantial increase from the 25% originally proposed by the Commission, and an increase from the 50% under the 2007-2013 Map.

Athy is included in the 2014-2020 Regional Aid Map for Ireland.

Since the extension of the Regional Aid Map in 2014, IDA Ireland has been marketing all financial supports available in Athy to both existing and target clients. IDA’s Mid-East Regional Manager is working closely with Kildare County Council and local stakeholders in marketing Athy as a location for FDI investment.

IDA has three clients in Athy, two of which have been paid grant payments totalling €875,705.

Similarly, Enterprise Ireland works closely with the Local Authority and other Agencies in promotion of the various supports available under Regional Aid. Since the launch of the new Regional Aid rates, Enterprise Ireland has approved support for one company based in Athy by way of a Regional Aid grant of €125,265 grant.

As part of the Regional Action Plans for Jobs process commenced in 2014, the Mid-East Action Plan for Jobs was published in January 2016 with the stated aim of delivering 10-15% employment growth in the region up to 2020. Key sectors targeted as part of the plan include traditionally strong sectors for the region like international services, high-tech manufacturing, film industry, equine industry, agri-food, manufacturing/engineering and tourism, as well as areas targeted for future growth like digital payments, cleantech and creative services. The plan has specific targets for each sector for the period.

In addition, the Local Enterprise Offices (LEOs) in the counties covered by the Regional Aid Programme, including Kildare, are fully apprised of the Guidelines. All LEOs provide a signposting and referral service for their clients to supports available from other State Agencies and this would encompass information on the Regional Aid Schemes operated by agencies such as Enterprise Ireland and Údarás na Gaeltachta, etc.

In 2015, 32 clients were approved funding by the LEO Kildare to a total value of €597,053.

State Bodies Data

Questions (884)

Niall Collins

Question:

884. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to provide a list of all unfilled board positions in bodies under her Department's aegis; if each of these positions is a paid or an unpaid position; and if she will make a statement on the matter. [22339/16]

Written answers

Minister for Jobs, Enterprise and Innovation

Currently there are vacancies on two of the State Boards under the remit of my Department.

IDA

There are currently two vacancies on the Board of the IDA. Following a PAS recruitment process, I have been provided with a list of prospective candidates, however, I have not yet taken a decision on these appointments. IDA is a Category 2 Board and the fee payable to the Chairperson is €20,520 and Members are €11,970.

IAASA

There are currently three vacancies on the Board of IAASA. One position is for a Chairperson, which is currently being recruited by the Public Appointments Service (PAS). The second position will be filled through a nomination from the Prescribed Accountancy Bodies. In respect of the third vacancy, I will make a decision when a list of prospective candidates has been received from PAS. IAASA is a Category 3 board and the fee payable to the Chairperson is €11,970 and Members are €7,695.

Under the ‘One Person One Salary principle’ it is a requirement that public servants who:

(a) sit on state boards in an ex officio capacity or on behalf of their parent department/ organisation: or

(b) who may be nominated to such board positions independently of their public service employment;

should not be paid remuneration when serving is such a representational capacity.

Labour Court Awards

Questions (885)

John McGuinness

Question:

885. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 800 of 12 July 2016, if she will make a payment to the estate of a person (details supplied) as awarded by the Labour Court to their estate; the determination of the Labour Court in this case and her Department's response; and if she will make a statement on the matter. [22516/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

Labour Court Recommendation LCR 19786 concerns a dispute between 10 Community Development Projects (Employers) and SIPTU. I understand the dispute concerned enhanced redundancy terms for a number of staff employed in the Community Development Projects. This matter was not one of enforcing an employment right where a ruling relating to a breach would be enforceable. It refers to an industrial relations dispute where better terms are sought.

This dispute was referred to the Conciliation Service of the Labour Relations Commission in the first instance however no resolution was reached at conciliation and the dispute was subsequently referred to the Labour Court under Section 26(1) of the Industrial Relations Act 1990. The Labour Court operates as an industrial relations tribunal, hearing both sides in a case and then issuing a Recommendation setting out its opinion on the dispute and the terms on which it should be settled. In this case a hearing took place in April 2010 and the Labour Court issued a Recommendation in May 2010. In its Recommendation the Court recommended redundancy terms of three weeks pay per year of service in addition to statutory terms, which is two weeks.

A recommendation issued by the Labour Court under Section 26(1) of the Industrial Relation Act 1990 is not binding on the parties concerned. However while the Recommendation is not binding on the parties, the parties are expected to give serious consideration to the Court's Recommendation. Ultimately, however, where either party does not accept the Recommendation it may be considered that the dispute is not resolved and further negotiations may be needed to resolve the matter. It this case it would appear that funding to pay enhanced redundancy was not available to the employers.

The Department of Jobs, Enterprise and Innovation was never a party to this dispute and consequently the making of any payment by my Department would not arise. The Labour Court recommendation notes that the community development groups concerned had been funded by the Department of Community, Rural and Gaeltacht Affairs.

Departmental Funding

Questions (886)

Seán Fleming

Question:

886. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation if funding is being provided by any scheme by his Department or agencies under the aegis of his Department to assist developers to buy land to enable them to build houses in view of the housing crisis; and if she will make a statement on the matter. [22566/16]

Written answers

Minister for Jobs, Enterprise and Innovation

I wish to confirm to the Deputy that neither my Department nor any of the Agencies operating under its aegis provide funding to assist developers to buy land for the purposes of enabling them to build houses.

Work Permits Applications

Questions (887)

Jonathan O'Brien

Question:

887. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 798 of 12 July 2016, if she is aware that the employment permits section does not accept the scanned version of the tax clearance certificate that she referred to in her previous reply; and the steps she will take to rectify this matter. [22578/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

I wish to correct the Deputy O’Brien’s assertion that Employment Permit Section does not accept scanned copies of Tax Clearance Certificates. In general the Section will accept the scanned version where it is a clear and legible copy of the original. Some instances have arisen whereby the quality of scanned copies has not been adequate to satisfy me that the employer has complied with Revenue requirements. In such circumstances, additional information will be sought including, where necessary, the original Tax Clearance Certificate.

Company Closures

Questions (888)

Seamus Healy

Question:

888. Deputy Seamus Healy asked the Minister for Jobs, Enterprise and Innovation to clarify the status of the closure of a company (details supplied) and in particular the reason the parent company appears to absolve itself from its responsibility to make redundancy payments to the workforce; and if she will make a statement on the matter. [22596/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The former Suir Pharma facility is currently in liquidation, and Grant Thornton, as liquidators, are responsible for the site until that process is concluded. The position is that when a company goes into liquidation, the liquidator takes the place of the employer for the purposes of administering redundancy payments. Payments are made from the Social Insurance Fund, which is mostly funded from employee and employer PRSI contributions. I understand that the Department of Social Protection is currently processing payments for workers who have been made redundant from the company. The Minister for Social Protection becomes a preferential creditor to the liquidation in respect of these payments.

My focus and that of the IDA is on finding a new potential investor for this premises and creating new employment opportunities for the Suir Pharma employees. IDA Ireland is fully engaging with the liquidator in relation to pursuing new investment opportunities for this site.

Labour Court

Questions (889)

Róisín Shortall

Question:

889. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question Nos. 548 and 549 of 28 June 2016, if she is satisfied that the reply provided by the court does not violate Article 3 of Regulation No. 1182/71 of the EU Council (1971) which determines the rules applicable to periods, dates and time limits, by which EU member states are legally bound (details supplied); if she will instruct the Labour Court to account for its current practice which seems to run counter to this regulation; and if she will make a statement on the matter. [22606/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

Section 44(3) of the Workplace Relations Act 2015 provides that an appeal shall be given to the Labour Court not later than 42 days from the date of the decision concerned. The time limit starts to run from the date of the decision and the actual date on the decision counts as part of the 42 day period allowed in which to make an appeal. Section 18(h) of the Interpretation Act 2005 provides for the interpretation of periods of time that are set down in legislation, as follows:

“Periods of time. Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;”

It would not be appropriate for me as Minister to seek to give legal advice in relation to Article 3 of Regulation No 1181/71 of the EU Council (1971). Any approach taken by the Labour Court may be tested by way of Judicial Review, if necessary.

Labour Court

Questions (890)

Róisín Shortall

Question:

890. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation the number of appeals submitted to the Labour Court each year for the past five years; the number of appeals each year for the past five years that were not heard by the Labour Court because they were considered to be one day out of time; and the number of employee appeals each year for the past five years that were not heard by the Labour Court. [22607/16]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation

I have brought these matters to the attention of the Labour Court. The court is independent in the carrying out of its statutory functions.

I am informed that the number of appeals submitted to the Labour Court; the number of appeals each year that were not heard by the Labour Court because they were considered to be one day out of time; the number of employee appeals each year in each of the years from 2011 to date is as set out in the following table:

Year	Appeals Submitted	Appeals submitted not heard considered one day out of time	Employee Appeals not heard
2016 (to date)	399	31	19
2015	528	39	23
2014	519	22	15
2013	542	29	16
2012	600	38	21
2011	594	33	19

The time frame for the lodgement of appeals to the Labour Court is governed by statute.

An appeal against a recommendation of an Adjudication Officer under the Industrial Relations Act 1969 is governed by Section 13 (9) of the 1969 Act and Section 36 (2) of the Industrial Relations Act 1990. Section 36 (2) of the Industrial Relations Act 1990 provides that an appeal against a recommendation of an Adjudication Officer must be made within six weeks of the making of the recommendation.

An appeal to the Labour Court under Employment Rights legislation is now governed by the provisions of Section 44 of the Workplace Relations Act, 2015 which commenced on 1 October 2015 and is applicable to appeals lodged after that date. Section 44(3) of this Act provides that an appeal shall be given to the Labour Court not later than 42 days from the date of the decision concerned. The time limit starts to run from the date of the decision and the actual date on the decision counts as part of the six week period allowed in which to make an appeal. I am informed that a decision of the High Court in 2013 on this point has upheld this legal interpretation.

In this regard section 18 (h) of the Interpretation Act 2005 states as follows:

“Periods of time. Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;”