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Thursday, 13 Jul 2017

Written Answers Nos. 69-88

Brexit Issues

Questions (69)

Michael McGrath

Question:

69. Deputy Michael McGrath asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she will seek a special derogation from the EU state aid rules to address the impact of Brexit on Irish firms; and if she will make a statement on the matter. [34259/17]

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Written answers

The Government is conscious of the need to consider the types of supports that Irish businesses may require to address challenges arising as a result of the Brexit Referendum, which is likely to represent a structural shift in the UK trading relations.  Short, medium and long term responses from market diversification through to price repositioning will be needed.

On foot of extensive engagement with industry, my Department is working with the Department of Finance, the Department of Agriculture, Food and the Marine, Enterprise Ireland and the SBCI to develop appropriate, tailored and targeted responses. This work, along with market developments as a result of Brexit, and ongoing engagement with the business community, will inform further discussions with the Commission and the development of any further initiatives to business.

Since the Brexit Referendum, my predecessor, Minister Mary Mitchell O'Connor, attended three meetings of the Competitiveness Council. State Aid rules did not feature on the agenda.  However, in our engagements with both EU Commissioners and Ministers from other Member States since the UK decision, Brexit has been a central part of the discussions at these meetings.  Last autumn, officials of my Department initiated discussions with DG Competition to sensitise the Commission to potential difficulties likely to be encountered by Irish firms from the Brexit referendum result. These discussions continue at the highest levels to address all relevant issues relating to any proposals emerging from our work with industry.

Research and Development Funding

Questions (70)

Thomas Byrne

Question:

70. Deputy Thomas Byrne asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her views on whether the lack of a multi-annual commitment to the PRTLI by her Department retards its ability to attract matching funding from private sector or EU sources. [34335/17]

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Written answers

My Department’s allocation to the Programme for Research in Third Level Institutions (PRTLI) in 2016 was €30.4m; this included a Supplementary Estimate of €20m in December 2016. The allocation in 2017 is €14.4m. The 2017 PRTLI allocation is being used to pay off an outstanding bill for PRTLI Cycle 5. As with previous cycles, there is a long lead time before the total spend and the administrative obligations associated with the funded projects are finalised.  There has been a longer repayment period for Cycle 5 than initially expected due to financial constraints during the course of this Cycle. As a result the immediate priority for the PRTLI allocation has been to repay the HEI payments owed from Cycle 5.

I am conscious of the impact that Exchequer funding, including the PRTLI has had in enabling the HEIs to attract other sources of funding, particularly in the case of capital infrastructure projects. PRTLI-funded infrastructure and consortia are a key attractor of co-funding from private (non-exchequer) sources.  The Exchequer element of previous cycles of the programme have also benefitted from co-funding from EU "Structural Funds".  

The planning and design of a successor to Cycle 5 of PRTLI is an action in Innovation 2020 and is being progressed by my Department working closely with the Department of Education and Skills.  My Department has included a proposal to commence funding for a successor to Cycle 5 of the PRTLI in its submission to the Mid-term Review of the Capital Plan. As part of the planning for a new Cycle of PRTLI, my Department is examining co-funding opportunities including from the private sector and from EU sources.  There will be more clarity on a successor to Cycle 5 when the Mid-term Review of the Capital Plan is concluded, and the funding envelope for this and other projects is finalised.

Trade Missions

Questions (71)

Brendan Smith

Question:

71. Deputy Brendan Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of joint trade missions involving officials and industry representatives from Northern Ireland and the Republic of Ireland undertaken to date in 2017; the number planned for the remainder of 2017 and for 2018; and if she will make a statement on the matter. [34505/17]

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Written answers

Trade missions are a central element of the Government’s support for Ireland’s exports, inward investment, tourism, and international education. An intensive programme of trade missions is a key part of our overall strategy of pursuing market diversification and building resilience into our economy in response to changes in the global trade and investment environment, and the complex challenges presented by Brexit.

On the 25th May 2017 Enterprise Ireland partnered with Invest NI and Buildoffsite (Buildoffsite is a membership organisation with members from a wide range of UK and International client, supply, professional services and academic organisations), for an event in the Irish Embassy in London. 25 Enterprise Ireland clients and 10 Invest NI clients attended with 80 other industry executives at this networking event. There are currently no further joint events planned for the remainder of 2017 or 2018.

From the 13th to the 16th of June, Enterprise Ireland managed the Ireland stand at New Zealand National Fieldays 2017 with support from Invest NI. 8 agritech companies from Northern Ireland shared an Ireland stand at this event which is regarded as the ultimate launch platform for Irish companies to showcase their cutting edge technology and innovative agri- business solutions to the market. 

NSAI held one of its ISO 9001 and ISO 14001 management systems roadshows in Belfast on 24th February.  No further events in Northern Ireland are planned by NSAI for 2017.

It is also worth noting that Science Foundation Ireland hosts events and engagements in Washington DC as part of the Taoisesach's St. Patrick's Day Programme.  Contacts from institutions in Northern Ireland, for example, InterTradeIreland and the Department of Economy are invited to attend those events.  In addition, those researchers and senior officials from Higher Education Institutes in Northern Ireland that are involved in tri-jurisdictional research projects involving researchers in the Republic of Ireland, Northern Ireland and the US are also invited to participate.

Job Creation Data

Questions (72)

Michael Healy-Rae

Question:

72. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of IDA jobs which have been created in County Kerry in each of the past 20 years; and if she will make a statement on the matter. [33631/17]

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Written answers

IDA Ireland maintains employment statistics over 10 year periods. Details of jobs created and lost in County Kerry between 2007 and 2016 are set out in the following table.

The IDA remains committed to regional development and to growing foreign direct investment (FDI) driven employment all over Ireland, including Kerry. This is evidenced by its 2015-2019 strategy which includes the goal of increasing FDI in every region outside of Dublin by 30%-40%. Progress is being made towards that objective, with over half of all new Agency-supported jobs in 2016 being created outside of Dublin. New projects that have been announced for 2017 show that this trend is continuing with increased jobs growth expected for regional Ireland over the remainder of this year.

Jobs created and lost in Kerry from 2007 to 2016

Kerry

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

No of   Companies

15

15

14

15

12

13

12

12

12

13

Total Jobs

2,015

1,980

1,588

1,513

1,497

1,605

1,638

1,874

1,931

2,083

Gross Gains

75

53

51

171

120

101

247

89

186

Losses

-110

-445

-126

-187

-12

-68

-11

-32

-34

Net Change

-35

-392

-75

-16

108

33

236

57

152

Services for People with Disabilities

Questions (73)

Margaret Murphy O'Mahony

Question:

73. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the way her Department is improving services and increasing supports for persons with disabilities during 2017. [34035/17]

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Written answers

The mission of my Department is to lead on the creation and maintenance of high quality and sustainable full employment by championing enterprise across government.  While my Department does not have a direct role on the formulation of policy on the provision of employment or other supports or services specifically for people with disabilities, it did participate in the development of the Comprehensive Employment Strategy (CES) for Persons with a Disability and is a member of the Implementation Group for this Strategy. In addition, my Department is a member of the National Disability Inclusion Strategy Group, which is launching its 2017-2020 Strategy document this week. Both this Group and the CES are led by the Department of Justice and Equality.

My Department is progressing its commitments under the Comprehensive Employment Strategy through its Agencies.   For example, in April 2017, Enterprise Ireland hosted a Knowledge Sharing event under the Employer Support Initiative in conjunction with the National Disability Authority (NDA) to increase awareness of the potential of employees with disabilities.  During the year, Enterprise Ireland was also engaged with NDA's Centre for Excellence in Universal Design to provided advice to the five competitors that were selected for the next stage of the challenge of the Homes for Smart Aging Competition.  Under another CES action, the Local Enterprise Offices have engaged a training provider to provide their staff with training to ensure that they are skilled to provide inclusive services.

My Department will continue to work across Government to ensure that people with disabilities have the opportunity to participate fully in the workforce. 

The Employment Equality Acts 1998-2015 prohibits discrimination on nine grounds, including the ground of disability.  The Acts apply to prospective employees in claiming discrimination in access to employment.  Any person who believes that s/he has experienced discrimination which is contrary to the Employment Equality Acts may seek redress by referring a complaint to the Director General of the Workplace Relations Commission, which is an Office of my Department.  A case may be lodged through the Workplace Relations Commission’s website at www.workplacerelations.ie.  General information relating to employment rights is available on the website and from the Workplace Relations Commission’s Information Service at Telephone: 1890 80 80 90.

Job Creation

Questions (74)

Fergus O'Dowd

Question:

74. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the investment by her Department since March 2016 in County Louth and parts of east County Meath; and if she will make a statement on the matter. [34070/17]

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Written answers

As Minister for Enterprise and Innovation, I am fully committed to the creation of high-quality and sustainable employment across Ireland, including in Counties Louth and Meath.

With regard to Louth, IDA supported jobs in the County grew by 11% in 2016, reaching a total of 3,574. The Agency continues to work hard to add to the 21 multinational companies currently based in the County. Enterprise Ireland clients, meanwhile, employ 5,819 people in Louth whilst companies supported by the Local Enterprise Offices there employ a further 780. Enterprise Ireland payments to companies in the County totaled €5.7 million in 2016, with payments in the first half of this year amounting to €1.3 million.

In Meath, IDA client companies employ 1,496 people across 17 different companies. Enterprise Ireland clients are responsible for 7,007 jobs in the same County while companies supported by Local Enterprise Offices there employ 927 people. Enterprise Ireland payments to companies in Meath totaled €1.9 million in 2016, with payments in the first half of this year amounting to €440,000.

Our broader efforts to support enterprise and employment in both Counties is supported by the new Regional Enterprise Development Fund that was launched on 29 May. The fund of up to €60 million, which is a key action under the Regional Action Plan for Jobs and the Action Plan for Rural Development, is aimed at accelerating economic recovery in every part of the country by delivering on the potential of local and regional enterprise. It will also support collaborative initiatives to build on specific industry sectoral strengths and improve enterprise capability.

European Space Agency

Questions (75)

Niall Collins

Question:

75. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she has raised the UK's future membership of the European Space Agency with her UK or EU counterparts; and if she will make a statement on the matter. [34241/17]

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Written answers

The European Space Agency (ESA) is an international organisation with 22 Member States from both within and outside the European Union. The Agency operates independently of the European Union and the United Kingdom’s membership of ESA is not dependent on its EU membership.

The United Kingdom’s policy is to continue to be a member of ESA after it leaves the European Union and British companies will remain eligible to participate in the Agency’s projects.   

It is too early to say what impact Brexit may have on the UK’s participation in joint European Union/ESA space programmes. The terms of any agreement in relation to such programmes would be a matter for the EU 27 and the UK to agree as part of any negotiation.

Accordingly, I have not raised the issue of the UK’s future membership of ESA with either my UK or European counterparts.

IDA Ireland Site Visits

Questions (76)

Michael McGrath

Question:

76. Deputy Michael McGrath asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of IDA sponsored visits in each of the years 2015 to 2016 and to date in 2017, by county; and the IDA's strategy to ensure there is an equitable distribution of visits among counties. [34271/17]

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Written answers

The following table sets out the number of site visits, on a county-by-county basis, for 2015 and 2016. Information on site visits in 2017 is currently only available for the first three months of the year.

The IDA is very much committed to increasing regional development. That is why the Agency has targeted a minimum increase in investment of 30% to 40% in each region outside of Dublin by the conclusion of its current strategy in 2019. Progress is being made towards that goal – in 2016 over half of all IDA Ireland supported jobs created were based outside of Dublin.

Site visits do represent an important tool in attracting investment and the IDA does its utmost to ensure that investors consider all potential locations. Determining which particular sites may be attractive to a client depends very much on the particular requirements of the company concerned. Factors that are habitually important to overseas investors include the suitability of local infrastructure, the proximity of transport hubs and the availability of skilled talent. It is often the case as well that multinational companies seek to base themselves as close as possible to businesses operating in the same industry.

The IDA always encourages clients to locate in areas that are most in need of investment. I am determined that this approach will continue so that the benefits of FDI are increasingly felt all across Ireland. We have to remember, however, that the ultimate decision as to where to invest is always taken by the company itself. 

IDA Ireland Site Visits by County 2015, 2016 and Q1 2017

County

2015

2016

Q1 2017

Carlow

1

9

3

Cavan 

0

2

0

Clare

12

18

10

Cork 

48

49

9

Donegal 

5

7

1

Dublin

242

284

82

Galway 

41

42

23

Kerry

6

3

1

Kildare

7

8

2

Kilkenny

10

10

2

Laois

4

6

0

Leitrim 

8

8

1

Limerick

40

49

10

Longford

2

6

0

Louth 

20

24

5

Mayo 

3

5

0

Meath 

7

8

0

Monaghan

2

2

1

Offaly

8

4

1

Roscommon

2

1

1

Sligo 

15

20

2

Tipperary

12

8

5

Waterford

31

17

3

Westmeath

28

32

9

Wexford

4

7

1

Wicklow

7

5

1

Total

565

638

173

Consumer Protection

Questions (77, 87, 89)

Michael McGrath

Question:

77. Deputy Michael McGrath asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the consumer rights that apply to gift vouchers; her plans to introduce new rules concerning the period of time for which such vouchers must remain valid; her further plans to strengthen consumer rights in this area; and if she will make a statement on the matter. [34294/17]

View answer

Róisín Shortall

Question:

87. Deputy Róisín Shortall asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the status of the Consumer Rights Bill, the general scheme of which her Department had previously published; if she is considering greater consumer protection in relation to unfair contract terms; and if she will make a statement on the matter. [34681/17]

View answer

Niall Collins

Question:

89. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the regulatory regime pertaining to the issue of expiry dates on vouchers; and the status of the Consumer Rights Bill. [34708/17]

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Written answers

I propose to take Questions Nos. 77, 87 and 89 together.

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 on 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. The responses to the gift card provisions raised a substantial number of issues, including concerns expressed by businesses about the impact of a complete prohibition on expiry dates and the need for  clarity and certainty in respect of the regulation of gift cards that come within the scope of the European Communities (Electronic Money) Regulations 2011. While the present proposal is for a ban on expiry dates for gift cards that do not come within the scope of the Electronic Money Regulations, I am willing to listen to other views and possible approaches, such as a requirement that gift cards remain valid for a set period such as five years. 

While I am anxious to progress the Scheme of the Consumer Rights Bill, I have to take account of current European Union legislative proposals for Directives on consumer contracts for the supply of digital content and consumer contracts for the online and other distance sale of goods. These proposals which were announced in May 2015 and published in December 2015 overlap very substantially with two of the main parts of the draft Scheme of the Consumer Rights Bill. Discussions on the digital content proposal at working party level have proceeded rapidly with a general approach reached at the Justice and Home Affairs Council in June 2017. The proposal will now be considered in a trilogue with the European Parliament later this year. Discussion at Council level on the second proposal on online sales has only just commenced.

In this situation, I have to consider the advisability of bringing forward a legislative proposal to the Oireachtas when a directly related and fully harmonised legislative proposal may be at an advanced stage of the European Union legislative process. The wisdom of introducing legislation in the Oireachtas in 2017, if large parts of that legislation would have to be repealed or substantially amended within a relatively short space of time, is obviously open to question. I will continue to review the progress of the two European Union proposals with a view to deciding the best course of action to take with regard to the Scheme of the Consumer Rights Bill.  

On the issue of unfair contract terms, EU legislation already exists in this area. The European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2013, which gave effect to the corresponding European Council Directive on Unfair Terms in Consumer Contracts, applies to any term in a contract concluded between a seller of goods or supplier of services and a consumer which has not been individually negotiated. While these Regulations are enforced by the Competition and Consumer Protection Commission, ComReg  and the Central Bank, it is ultimately a matter for the Courts to determine whether a specific term of a contract is unfair having regard to the features of the contract and the particular provisions of the Regulations.

Banking Sector

Questions (78)

Róisín Shortall

Question:

78. Deputy Róisín Shortall asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the actions her Department and bodies under the aegis of her Department have taken in response to each of the relevant recommendations of the interim report on the Committee of Public Accounts' examination of bank stabilisation measures. [34317/17]

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Written answers

The Interim Report of the Public Accounts Committee’s examination of Bank Stabilisation measures made two recommendations as follows which relate to corporate law:

- A review of the systems, structures and procedures in place to investigate directors suspected of corporate wrong-doing in the State should be conducted with a view to streamlining the process and making it more efficient in terms of the pace of investigations.

- A review to update and strengthen the code of corporate law in respect of enforcement against individuals needs to be undertaken as a matter of urgency. The Committee suggests the Law Reform Commission may be an appropriate body to undertake such a review.

Since August 2012 when the current Director of Corporate Enforcement was appointed, there have been a number of organisational improvements in the Office of the Director of Corporate Enforcement, with a view to streamlining investigations and making them more efficient.  These improvements include reorganising the structures of the Office; recruiting additional expertise, most notably five forensic accountants and a digital forensics specialist; fundamentally amending the investigative procedures used by the Office, with members of An Garda Síochána now taking the lead on all criminal investigations; and fostering a greater culture of risk management.

The Companies Act 2014 consolidated, modernised and reformed the company law code. It seeks to ensure a balance between simplifying the day-to-day running of a business; the compliance duties of company officers and auditors aimed at protecting creditors and investors; and the corporate enforcement regime to ensure compliance.

For the first time, all offences under company law have been streamlined under a new classification procedure which operates on the basis of four categories of offences, with Category 1 being the most serious, and carrying a maximum fine of €500,000 and/or a maximum term of imprisonment of 10 years. This brings a structure and consistency to the offence provisions throughout the legislation.

The Act also introduced, for the first time in codified form, the various common law and statutory duties of directors, thereby making the law in this area more transparent and accessible.  The Act also provides for the Directors’ Compliance Statement. The relevant provisions apply to all public companies (except investment companies) and large limited companies.  It places an obligation on directors to make an annual statement in their Directors’ Report, acknowledging that they are responsible for securing the company’s compliance with its “relevant obligations”. Failure to prepare a Directors’ Compliance Statement is an offence under the Act.

In October 2013, the Government approved the content of the Law Reform Commission’s Fourth Programme of Law Reform. Among the eleven different projects selected for inclusion in the Programme was the question of reform of corporate offences and regulatory enforcement.

In January 2016, the Law Reform Commission produced a wide-ranging Issues Papers in which it outlined a range of issues touching on corporate criminality and regulatory enforcement and in respect of which it invited submissions and points of view from interested parties. A large volume of submissions was received from economic regulators, government agencies, law firms, private citizens and other stakeholders which will feed into its ongoing work on this project.

The Law Reform Commission anticipates completing its examination of corporate offences and regulatory enforcement and publishing its recommendations in the form of a consultation paper prior to the end of 2017.

As well as the work of the Law Reform Commission, the Company Law Review Group (CLRG), in accordance with its work programme for 2016 to 2018, is currently undertaking a comprehensive review of how company law is enforced in Ireland. Furthermore, it is examining whether there are any new mechanisms by which the existing enforcement regime might be refined and enhanced. I will carefully examine the report on its completion.

In addition, the Taoiseach has requested my colleagues the Minister for Justice and Equality, the Minister for Finance and Public Expenditure and Reform and me to prepare a package of measures in relation to 'white collar crime' to be presented to Cabinet by the end of September.

Job Creation

Questions (79, 80)

Brendan Smith

Question:

79. Deputy Brendan Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the plans her Department and the State's industrial promotion agencies have to assist in 2017 in job creation and in the maintenance of existing employment throughout County Cavan (details supplied); and if she will make a statement on the matter. [34318/17]

View answer

Brendan Smith

Question:

80. Deputy Brendan Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the plans her Department and the State's industrial promotion agencies have to assist in 2017 in job creation and in the maintenance of existing employment throughout County Monaghan (details supplied); and if she will make a statement on the matter. [34319/17]

View answer

Written answers

I propose to take Questions Nos. 79 and 80 together.

The North East/North West Regional Action Plan for Jobs is a key policy response for supporting employment growth in the Border region.

The Plan is stimulating job creation across the region, including counties Cavan and Monaghan, by facilitating collaborative initiatives between the public and private sector, and through the provision of new competitive funds, awarded through Enterprise Ireland to support regional enterprise projects.

The core objective of the NE/NW Action Plan is to have a further 28,000 at work in the region by 2020. We are aiming to ensure the unemployment rate is within the 1% of the State average.

Sectors targeted as part of the plan include traditionally strong sectors for the region like agri-food, manufacturing/engineering and tourism, including active promotion of the tourism potential of the Lakelands Region, which includes Cavan and Monaghan.

The Local Authorities, enterprise agencies, and other key public and private sector stakeholders in Cavan and Monaghan have been strongly involved in, and are key drivers of, the NE/NW Action Plan.

The second progress report on the implementation of the Action Plan, covering the period to end 2016, has just been published and shows that good progress being made. Over 96% of the actions due to be completed or progressed by end-2016 were on track.

4,700 jobs were created in the Border since the regional Action Plans for Jobs initiative was launched in January 2015.

The unemployment rate in the region has fallen from 10.2% in Q1 2015 to 7.5% in Q1 2017.

Live register numbers have fallen in both counties Cavan and Monaghan by over 17% in the past 12 months.

The Enterprise Agencies are working hard to drive job creation in the region.

IDA North East Region consists of Counties Louth Cavan and Monaghan where 33 multinational companies operate, employing 4,914 people. In 2016, IDA client companies supported 1,203 jobs in Cavan and 137 jobs in Monaghan.

In 2016, Enterprise Ireland client companies supported 5,221 jobs in Cavan and 5,168 jobs in Monaghan.

Cavan LEO supported 208 clients in 2016, employing a total of 1,162 people in the county while Monaghan LEO supported 153 clients with a total of 903 employed.

I am very conscious of the challenges as a result of Brexit faced by companies operating in close proximity to the Border, many of which trade freely on both sides of the border.

Since the UK referendum, the State agencies under my remit – Enterprise Ireland, IDA, LEOs and Inter Trade Ireland – have been active in supporting companies in assessing and addressing their exposure to Brexit.

EI’s current “Prepare for Brexit” campaign includes a Brexit Scoreboard available to all companies to self-assess their preparedness for Brexit and generates a report suggesting appropriate responses.

For exporting companies, new resources were secured, including extra staffing, for EI and the LEOs in Budget 2017 to assist businesses to maintain and grow export markets.

Based on significant analysis and stakeholder consultation, my Department is currently working on further measures targeted at the needs of companies in the wider economy around working capital and business development.

To support regional enterprise development, additional funding of up to €60m is being rolled out by Enterprise Ireland over the next 4 years to support the development and implementation of collaborative and innovative projects that can sustain and add to employment at a national, regional and county level.

Low Pay Commission Remit

Questions (81)

Anne Rabbitte

Question:

81. Deputy Anne Rabbitte asked the Tánaiste and Minister for Jobs, Enterprise and Innovation when she plans on making the recommendations of the Low Pay Commission regarding au pair placements publicly available. [34336/17]

View answer

Written answers

In September last, the Low Pay Commission, as part of their 2017 Work Programme, was asked to review the board and lodgings rates that are provided for under the national minimum wage legislation.

The Low Pay Commission examined the board and lodgings rates for all employees that are covered by the national minimum wage legislation.

Under the National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) certain reckonable components may be taken into account for all workers to determine an employee’s average hourly rate.  The Act provides for the following amounts:

€54.13 for board and lodgings per week, or €7.73 per day;

€32.14 for board only per week, or €4.60 per day;

€21.85 for lodgings only per week, or €3.14 per day.

Thus, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, the monetary allowances set out above can be included as reckonable pay.

The closing date for submissions to the Low Pay Commission Review was the 10th of January last.  The Commission considered the submissions received and examined all the available evidence.

The Commission submitted its report to me in May. Having considered its contents it is intended to bring the report to Government next week and it will be published thereafter.  

Low Pay Commission Remit

Questions (82)

Anne Rabbitte

Question:

82. Deputy Anne Rabbitte asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her views on whether the current allowable food and board deductions for au pairs are fair and representative of the cost of providing these services, in view of Ireland's high cost of living. [34337/17]

View answer

Written answers

The Low Pay Commission was asked, as part of its 2017 Work Programme, to review the allowances for board and lodgings provided for under the National Minimum Wage Act 2000 (National Minimum Wage Hourly Rate of Pay) Order 2000 (SI No.95/2000).*

In determining an employee’s average hourly rate, certain reckonable components can be taken into account. Thus, if an employer provides an employee with full board and lodgings or lodgings only or full board only, a monetary allowance can be included as reckonable pay.  As these rates were set in 2000 and have not been altered since that date, the Commission was requested to examine and advise on the appropriate inflator that should be applied to the rates set in 2000 and recommend new rates taking into account the time that has passed since the rates were first set.

*Rates for Board and Lodgings

Under the National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) certain reckonable components may be taken into account for all workers to determine an employee’s average hourly rate.  The Act provides for the following amounts:

€54.13 for board and lodgings per week, or €7.73 per day;

€32.14 for board only per week, or €4.60 per day;

€21.85 for lodgings only per week, or €3.14 per day.

The inclusion of this provision in the national minimum wage legislation was recommended by the Inter-Departmental Group on Implementation of a National Minimum Wage that reported in 1999.  It was the view of the Inter-Departmental Group at the time that the monetary value of the allowances for the purpose of the national minimum wage would not be at market value and would be similar to the amount permitted in the Employment Regulation Orders that existed at the time.

The Commission submitted its report on the allowances for board and lodgings provided for under the National Minimum Wage Act 2000 in May. Having considered its contents it is intended to bring the report to Government next week and it will be published thereafter.

Foreign Direct Investment

Questions (83, 84, 85)

James Browne

Question:

83. Deputy James Browne asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the steps she has taken to attract foreign direct investment via Rosslare Europort; and if she will make a statement on the matter. [34396/17]

View answer

James Browne

Question:

84. Deputy James Browne asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her plans to improve the level of IDA engagement in the south eastern region which the region's economic monitor has cited as a necessity for closing the regional economic gap; and if she will make a statement on the matter. [34405/17]

View answer

James Browne

Question:

85. Deputy James Browne asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the IDA supported companies that have located in County Wexford; the number of jobs provided by these companies in each of the years 2007 to 2016 and to date in 2017 in tabular form; and if she will make a statement on the matter. [34415/17]

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Written answers

I propose to take Questions Nos. 83 to 85, inclusive, together.

IDA Ireland is committing to increasing foreign direct investment and related job creation in every region of Ireland, including in Wexford and the wider South East area. There are currently 17 Agency clients based in County Wexford itself, employing a total of 2,620 people. Wexford experienced positive IDA-client jobs growth in 2016, with a net increase of 6% over 2015.  Companies currently located there include INDOS, United Chemical Technologies and CRI. The following table sets out further details of IDA client employment in Wexford from 2007 to 2016.

The IDA is targeting an increase of investment in Wexford and the South East of 30%-40% by 2019. To achieve this the Agency will continue to seek out investment from overseas companies and to draw attention of potential investors to the region's particular strengths. This includes the South East's accessibility, ports and its existing cluster of medical technology firms. The IDA will also continue to work closely with its clients there to help strengthen and potentially grow their respective workforces.

More broadly, progress is being made to grow employment in the region. Since 2012, the South East has had the fastest rate of jobs growth, in percentage terms, of any region in the country. I recognise, however, that more work remains to be done, particularly in reducing unemployment further. That is why my Department, together with all its Agencies, will continue its efforts to foster and support further enterprise and job creation in the South East and thereby boost its economic performance.  

IDA Supported Companies in Wexford 2007 to 2016

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

 No of Companies

13

13

14

14

15

15

15

16

17

17

Total Jobs

2,214

2,271

2,154

2,385

2,386

2,350

2,413

2,503

2,486

2,630

Gross Gains

126

10

285

111

100

149

196

101

171

Losses

-69

-127

-54

-110

-136

-86

-106

-118

-27

 Net Change

57

-117

231

1

-36

63

90

-17

144

Fire Safety Regulations

Questions (86)

Róisín Shortall

Question:

86. Deputy Róisín Shortall asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the concerns regarding Ireland's furniture fire safety regulations; the actions which her Department has taken in this regard since concerns were raised two years ago; the arrangements for monitoring compliance with these regulations; and if she will make a statement on the matter. [34670/17]

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Written answers

My Department is fully aware of the issues that surround the existing Irish furniture fire safety regulations and is also conscious of the need to ensure that if replacement regulations are to be introduced, they must be effective and evidence-based, bearing in mind the tension between short term (in relation to flame retardant chemicals providing time to escape a fire and the impact on fire crews’ operations) and possible long term health considerations.

In the area of furniture fire safety, there are no harmonised EU standards. The Irish standards and regulations were introduced to protect consumers by preventing the rapid spread of a fire started on or near furniture. These mirrored regulations and standards  introduced in the UK, which is particularly relevant given the cross-border trade in furniture on the island of Ireland and the presence of furniture manufacturers along the border area. The introduction of these regulations was fully supported by the emergency services.

The UK has undertaken two consultations (in 2014 and 2016) on the suitability of the UK regulations but has yet to amend its regulations. The inquiry into the recent Grenfell Towers disaster, and the role of flame retardants, may influence the UK approach on this issue. In view of the similarity of the regulations in both jurisdictions, my Department has liaised very closely with the relevant department in the UK and continues to monitor the situation to keep abreast of developments in that jurisdiction. My Department also liaises, both formally and informally, with other stakeholders in Ireland on the issue.

Having similar regulations in place on both sides of the border gives consumers clarity and certainty that uniform safety standards apply, while manufacturers have certainty that their products can be sold in both jurisdictions without going to the added expense of manufacturing furniture according to different standards and legislation. Any change in existing regulations, or replacement thereof, will have to provide a robust level of safety when it comes to furniture going on fire. Thus, if and when the UK introduces new regulations, it will be determined whether they could influence the revision of the Irish Regulations.

More generally, in relation to product safety, the obligation to comply with the Regulations and the standard lies with the manufacturer. A furniture manufacturer must only place safe products on the market and compliance with the Irish standard is deemed to comply with that requirement. When it comes to investigating compliance with the Irish furniture fire Regulations, I understand that the Competition and Consumer Protection Commission (CCPC) takes a risk-based analysis approach. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions. I, as Minister for Jobs, Enterprise and Innovation, have no direct function in such matters.

Question No. 87 answered with Question No. 77.

Office of the Director of Corporate Enforcement

Questions (88)

Róisín Shortall

Question:

88. Deputy Róisín Shortall asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the status of the report she received from the ODCE in relation to the collapse of the trial of a person (details supplied); the reason for the delay in publishing this report; if she will undertake to publish it without further delay; and if she will make a statement on the matter. [34698/17]

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Written answers

As outlined in my response to the Deputy on a similar question on 29 June, I received the report under section 955(1)(a) of the Companies Act 2014 from the Director of Corporate Enforcement on June 23rd. I have sought advice from the Attorney General on the report.

Upon receipt of formal advice from the Attorney General, I will be in a better position to determine next steps.

It is important that any actions we take are done with full knowledge and in line with fair procedures, due process and natural justice.

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