Written Answers Nos. 600-623
600. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of persons in each county caught for drink-driving offences from December 2017 up to 9 January 2018, in tabular form; and if he will make a statement on the matter. [1941/18]
View answerI am deeply conscious of the serious issue of road safety and mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving more generally on the quality of life of residents in local communities across the country.
My Department has sought the information requested by the Deputy from An Garda Síochána and I will contact the Deputy directly on receipt of a Garda report.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
602. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application pursuant to section 3(6) of the Immigration Act 1999 (as amended) in the case of a person (details supplied); and if he will make a statement on the matter. [1956/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
603. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [1968/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they do not have a record of the person named by the Deputy currently registered in the State. Without further details, it is not possible to make further checks.
In my response to a previous Parliamentary Question from the Deputy, question no. 114 of the 7 December 2017, concerning a person of the same name and similar address, I advised the Deputy that as the person in question had not engaged with the immigration service at that time, that he or she should do so a soon as possible. It would appear that as of today, this situation remains.
Regarding regularisation of their status, the person concerned should, without delay, write directly to Unit 2, Residence Division, INIS and include an outline of their history in the State and that of any spouse, partner, children or any other dependents. They should also include full copies of passports, marriage certificate and birth certificates, if applicable. Upon receipt of this information, their situation will be fully assessed.
From the limited details provided, it appears that the person concerned may never have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain in the State without the permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under Section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In addition, it is apparent that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
604. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when residency status and citizenship will be confirmed in the case of a person (details supplied); and if he will make a statement on the matter. [1969/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter issued to the person referred to by the Deputy on 21 November 2017 requesting certain information, a reply to which has been received on 11 January 2018.
Processing of the application for a certificate of naturalisation from the person concerned, who currently has permission to reside in the State until 10 August 2018, is ongoing and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process.
605. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when long-term residency will be facilitated in the case of persons (details supplied); and if he will make a statement on the matter. [1975/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the limited information provided, it appears that no application for Long Term Residency was received from the persons concerned.
In order to make an application for Long Term Residency in the State the persons concerned must have been legally resident in the State for a minimum of 5 years (i.e. 60 months) on work permit/work authorisation/working visa conditions.
In addition to this, from the limited information provided, the persons concerned may never have had permission to remain in the State, and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain in the State without the permission from the Minister for Justice and Equality.
A person found guilty of such an offence is liable, under Section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In addition, it appears that the persons concerned have failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.
In this respect it is advisable the persons concerned should engage directly with the immigration service as soon as possible.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
606. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a visa application by a person (details supplied); and if he will make a statement on the matter. [1981/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was received on 23 May 2017. I am also advised that Join Family applications received on or before 7 June 2017 are currently being processed by INIS, and this particular application should be processed within the next 6 to 8 weeks.
The Policy Document on Family Reunification first published in December 2013 states that the business target for visa applications to join Irish citizens is to deal with such applications within six months of receipt of application. However, it should be noted that this is a business target and does not constitute a legal obligation. The business target takes into account the detailed and often complex assessment that is required in applications for family reunification.
While every effort generally is made to process these applications as soon as possible, in line with the business target, processing times can vary having regard to the volume of applications, their complexity, the possible need to investigate, enquire into, or seek further information in relation to certain applications, and the resources available. Any delays in achieving the business target are typically related to the processing of more complex cases where the provision of additional documentation is requested, or where detailed assessments of family rights under the Constitution and the European Convention on Human Rights are required.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.
607. Deputy Declan Breathnach asked the Minister for Justice and Equality the number of fines issued in 2016 that specifically relate to persons caught smuggling or selling illicit cigarettes, fuel and alcohol; the number of those fines paid; and if he will make a statement on the matter. [1983/18]
View answerI wish to advise the Deputy that I have had enquiries made and the Courts Service has provided the information requested for 2016 set out in the following table. The Courts Service has asked that I state that the data supplied is to address the specific query and is valid for that purpose only and may represent an incomplete data set if employed for any other purpose.
|
- |
Number of Fines Imposed |
Number of Fines Paid |
Number of Fines Part Paid |
|
Tobacco related offences |
68 |
43 |
2 |
|
Oil related offences |
113 |
23 |
2 |
|
Alcohol related offences |
67 |
40 |
0 |
608. Deputy Catherine Murphy asked the Minister for Justice and Equality the expenditure with a company (details supplied) by month, in tabular form in each of the years 2014 to 2017; the nature of the services provided; the job title and-or position held by the persons who availed of services; the advice and-or training provided; and if he will make a statement on the matter. [1984/18]
View answerI wish to advise the Deputy that expenditure by my Department, with the specified company, during the requested years was as follows:
|
|
2014 |
2015 |
2016 |
2017 |
Purpose |
|
January |
|
|
|
|
|
|
February |
€1,374 |
€481 |
|
|
€1,374 was for consultancy and facilitation at a meeting with the deaf community; €481 was for training courses for Departmental Press Officers. |
|
March |
|
|
|
|
|
|
April |
|
|
|
|
|
|
May |
|
|
|
|
|
|
June |
|
|
|
€2,691 |
€2,691 was the balance, for the Communications Strategy Development of the Irish Refugee Protection Programme. |
|
July |
|
|
|
|
|
|
August |
€962 |
|
|
|
€962 were for training courses, for the Assistant Secretary in charge of Corporate Affairs and the Acting CEO of the Private Security Authority. |
|
September |
|
|
|
|
|
|
October |
|
€275 |
€24,221 |
|
€275 was for training courses for Departmental Press Officers. The payment of €24,221 was for the Communications Strategy Development, of the Irish Refugee Protection Programme. |
|
November |
|
|
|
|
|
|
December |
|
|
|
|
|
|
Total |
€2,336 |
€756 |
€24,221 |
€2,691 |
|
609. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of persons serving life sentences for crimes they committed while under 18 years of age; and if he will make a statement on the matter. [1989/18]
View answerI wish to advise the Deputy that the statistics requested regarding the number of persons serving a life sentence for crimes they committed while under the age of 18 are not readily available. The Irish Prison Service current has 371 persons in custody serving a life sentence. It would not be possible to provide the age a person was when they committed the crime. In some cases, years can pass between the crime being committed and the person receiving the sentence.
However, the Prison Service have informed me that there are currently four persons in custody serving a life sentence who were under the age of 18 when they were committed to prison.
610. Deputy Sean Fleming asked the Minister for Justice and Equality if additional specialist staff and equipment will be provided to the Garda computer crime unit; and if he will make a statement on the matter. [1994/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that personnel assignments, together with the overall policing arrangements and operational strategies are continually monitored and reviewed.
I am informed by the Commissioner that, on foot of a review of the Computer Crime Investigation Unit under the Garda Síochána’s Modernisation and Renewal Programme 2016-2021, a dedicated Garda Cyber Crime Bureau (GCCB) was established in September 2016 to ensure that An Garda Síochána has the capacity and capabilities to deal with cyber crime and cyber security threats. The allocation of additional and support staff for the Garda National Economic Crime Bureau is ongoing. In addition, in conjunction with the Garda College, a module on cyber crime investigation is included in the training programme for all trainee Gardaí, with all other Garda personnel being trained through the Continuous Professional Development network in cyber crime awareness and cyber crime investigation.
The GCCB has responsibility for the forensic examination of all seized computer media, international liaison with regard to cyber matters and the investigation of cyber crime matters. Cases examined by the GCCB include all crime-types, in particular banking and financial crime matters, as well as the examination of equipment and media to assess images in the context of offences relating to child pornography and exploitation.
The roll-out continues on a phased basis of regional triage units. The triage model provides a tiered response and capability for computer forensic services on a regional basis, utilising locally-based and trained first-responders and cyber triage specialists. The triage model also reduces demands on the central Bureau, while remaining under the supervision of the Detective Superintendent, Garda Cyber Crime Bureau. To date two regional triage units have been established in the Southern and South-Eastern Regions, at Ballincollig and New Ross Garda Stations. These triage units are the subject of review to inform and establish best practices and processes for the establishment of further such units in other Regions.
The Deputy will be aware some €330 million, including €205 million under the Capital Plan, is also being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime.
As of the 30 November 2017, the latest date for which figures are currently available, the number of staff allocated to the GCCB is 28 including 1 Inspector, 5 Sergeants and 17 Gardaí, with 1 Higher Executive Officer, 2 Executive Officers and 2 Clerical Officers.
612. Deputy Catherine Murphy asked the Minister for Justice and Equality if his Department uses anti-profanity software on its email systems and online contact forms; if so, the level of human oversight that is applied to the monitoring of these softwares and their effectiveness; his views on whether persons' legitimate right to petition Government may be blocked unintentionally by errors in the use of such softwares in determining that which qualifies as profanity being communicated in email or online contact forms; and if he will make a statement on the matter. [2090/18]
View answerMy Department uses anti-profanity software on its email systems but not on online contact forms. Email messages containing profanity are quarantined by the software and the recipient is informed and allowed the opportunity to request release and then if granted to access the message. The operation of the software on the email system is reviewed by my ICT Division on a continuous basis and takes into account any observations or issues raised by colleagues throughout the Department. I believe that the systems and processes in place in the Department are such as to minimise the possibility of electronic communication petitioning the Department or myself not being accessed, having due regard to the security and operation of the Department’s ICT network.
613. Deputy Mick Barry asked the Minister for Business; Enterprise and Innovation the number of Workplace Relations Commission personnel assigned to working on the fishing fleet; and the number of inspections of relevant vessels containing or suspected of containing non-EU migrant fishing crew documented or undocumented by the Commission since the atypical scheme for non-EU migrant fishing crew was established. [54498/17]
View answer614. Deputy Mick Barry asked the Minister for Business; Enterprise and Innovation the number of enforcement actions and the total monetary awards by category, for example, unpaid wages, unpaid holiday pay, damages, pay in lieu of notice, non-observance of minimum wage and other infringements by the Workplace Relations Commission in favour of migrant fishing workers documented or undocumented since the atypical scheme for non-EU migrant fishing crew was established. [54501/17]
View answerI propose to take Questions Nos. 613 and 614 together.
While the Department of Agriculture, Food and the Marine has lead policy responsibility for the fishing sector, the atypical work permission scheme referred to by the deputy is administered by the Department of Justice and Equality and the Irish National Immigration Service (INIS) on behalf of that Department.
The Deputy should be aware that a number of Departments and State agencies are involved in the monitoring and enforcement of the scheme. These include An Garda Síochána, Bord Iascaigh Mhara, INIS, the Marine Survey Office of the Department of Tourism, Transport and Sport, the Naval Service, the Health and Safety Authority (HSA), the Revenue Commissioners, the Sea Fisheries Protection Authority, the Workplace Relations Commission (WRC) and the Department of Agriculture, Food and the Marine.
My Department is responsible for the activities of the WRC and the HSA. The WRC’s responsibilities relate to the enforcement of the Employment Permits Acts and employment rights legislation generally, including minimum wage legislation. The HSA is the enforcement agency under the Safety, Health and Welfare at Work Act 2005 and conducts inspections under health and safety legislation at all places of work, including fishing vessels while docked in harbour. It does not carry out inspections of fishing vessels at sea even when operating within Irish territorial waters.
The Marine Survey Office under the aegis of the Department of Transport, Tourism and Sport has lead responsibility for fishing vessel safety, security and living and working conditions. It is responsible for enforcing legislation in this context for seafarers and fishing vessel crew.
In response to the Deputy’s specific enquiries, it is the case that ten WRC inspectors have undergone the relevant safety and survival training and are available for assignment on fisheries inspections and investigations. These inspectors also undertake enforcement operations in other employment sectors and are not, therefore, fully dedicated to work in the fishing sector.
Some 181 vessels on the Irish Fishing Vessel Register come within the scope of the Atypical Worker Permission Scheme for non-EEA Workers, with 174 of these vessels being active or operational at present. To date, 165 of these vessels have been inspected by the WRC. In total, some 240 inspections of these vessels were undertaken by the WRC in the period July, 2016 to 31st December, 2017.
202 contraventions were detected by WRC Inspectors to the end of 2017. Details of these contraventions are set out in the following table:
|
Contravention |
No Detected |
|
Failure to keep employment records |
71 |
|
Non-EEA fisher did not have permission to work |
29 |
|
Failure to issue payslips |
25 |
|
Failure to comply with an Inspector’s requirement |
19 |
|
Failure to compensate for Sunday working |
18 |
|
Failure to comply with terms of Atypical Scheme |
13 |
|
Failure to grant Public Holiday entitlements |
13 |
|
Failure to grant annual leave entitlements |
8 |
|
Failure to pay correct rates |
6 |
Some 112 contravention notices have been issued to date by the WRC. These notices advise vessel owners of contraventions detected and of the actions required, within a specified deadline, to effect compliance, including the payment of any unpaid wages arising from contraventions. Failure to respond to the contravention notice and/or to effect compliance may result in the issue of compliance notices and/or fixed payment notices, depending on the nature of the contravention and, ultimately, the initiation of prosecution proceedings. To date, the WRC has secured one successful prosecution while proceedings have been initiated in four other cases.
Current investigations by the WRC have been completed in respect of 95 of the 181 vessels. Five of those cases involved unpaid wages, amounting to almost €6,300. The majority of the unpaid wages related to failure to pay National Minimum Wage rates and/or Public Holiday entitlements.
615. Deputy Michael Healy-Rae asked the Minister for Business, Enterprise and Innovation the status of an application for a work permit by a person (details supplied); and if she will make a statement on the matter. [1011/18]
View answerAn application for a General Employment Permit for the person referred to by the Deputy (details above) was received on 22 December 2017. The Employment Permits section of my Department is currently processing standard applications received on 13 November 2017 and this application should be processed within the next five weeks.
616. Deputy Joan Burton asked the Minister for Business, Enterprise and Innovation if there have been enquiries from prospective investors in relation to a replacement manufacturing industry for a site (details supplied) in County Kildare; the way in which the IDA is actively promoting the site to existing and potential investors; and if she will make a statement on the matter. [54428/17]
View answerAs I have previously noted, the site in question is not in IDA Ireland ownership. This means that the Agency has a lesser role in its potential sale than if it owned the property itself.
I understand, however, that the property was placed on the open market in July 2017 and that its owner has engaged agents to handle its sale. IDA Ireland is engaging closely with the owner about the facility and the Agency is aware of contact between prospective buyers and the company. The IDA will continue to draw the attention of both existing and potential clients - whether in Ireland or overseas - to the availability of the property.
617. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation the number of Health and Safety Authority inspectors assigned to working on the fishing fleet; and the number of inspections and investigations of relevant vessels containing or suspected of containing non-EU migrant fishing crew documented or undocumented by the Authority since the atypical scheme for non-EU migrant fishing crew was established. [54499/17]
View answerUnder the provisions of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) a fishing vessel is considered a place of work and as such employers and employees must comply with their respective responsibilities under that Act while at work. The Health and Safety Authority (HSA) is the enforcement agency under the Safety, Health and Welfare at Work Act 2005.
The HSA has 10 inspectors assigned to inspecting fishing vessels, and they carry out these inspections in addition to inspecting other workplaces such as farms, construction sites, health services and manufacturing.
Since the introduction of the atypical scheme for Non-EU Migrant Fishing Crew in February 2016, the HSA has carried out 73 inspections of fishing vessels. These inspections examined compliance with the Safety Health and Welfare at Work Act, 2005 with particular emphasis on the requirement to carry out appropriate risk assessments for the fishing tasks being carried out and to reflect these assessments into the Safety Statement which is required for all workplaces.
To assist in this regard the HSA provides the skipper of each vessel under inspection with a copy of the fishing vessel safety statement template, this safety checklist identifies groups of frequently encountered hazards on fishing vessels but is non-exhaustive and requires the skipper to tackle those hazards that are present with appropriate action. Skippers are also presented with a copy of the HSA’s Guidance “Managing Health and Safety in Fishing”. The level and nature of the health and safety training of fishermen was also examined by the HSA during inspections to ensure that it was appropriate to their needs, particularly in the case of non-nationals.
As a result of these inspections the HSA served 7 improvement Notices for breaches of health and safety laws and an additional 40 Reports of Inspection were issued in relation to more minor health and safety breaches. The absence of safety statements was the main concern of HSA Inspectors, as well as the absence of work specific risk assessments for fishing activities.
As the HSA inspects all fishing vessels no matter what their size is, they are not in a position to say how many of the 73 vessels were covered by the atypical scheme for non-EU migrant fishing crew, i.e. vessels greater than 15 metres.
618. Deputy Mick Barry asked the Minister for Business; Enterprise and Innovation the number of enforcement actions, civil or criminal, initiated by the Health and Safety Authority in respect of violations of health and safety in the workplace on fishing vessels since the atypical scheme for non-EU migrant fishing crew was established. [54502/17]
View answerUnder the provisions of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) a fishing vessel is considered a place of work and as such employers and employees must comply with their respective responsibilities under that Act while at work. The Health and Safety Authority, an agency under the aegis of the Department of Business, Enterprise and Innovation, is the enforcement agency under the Safety, Health and Welfare at Work Act 2005.
Since the introduction of the atypical scheme for Non-EU Migrant Fishing Crew in February 2016, the Health and Safety Authority has carried out 73 inspections of fishing vessels. These inspections were carried out to monitor compliance with the Safety Health and Welfare at Work Act, 2005 with particular emphasis on the requirement to carry out appropriate risk assessments for the fishing tasks being carried out and to reflect these assessments into the Safety Statement which is required for all workplaces. In this regard, the Authority provided the skipper of each vessel under inspection with a copy of the fishing vessel safety statement template and a copy of the Authority’s Guidance “Managing Health and Safety in Fishing”. The level and nature of the health and safety training of fishermen was also examined by the Authority during inspections to ensure that it was appropriate to their needs, particularly in the case of non-nationals.
As a result of these inspections the Authority served 7 improvement Notices for breaches of health and safety laws and an additional 40 Reports of Inspection were issued in relation to more minor health and safety breaches. The absence of safety statements was the main concern of Authority Inspectors, as well as the absence of work specific risk assessments for fishing activities.
As the Authority inspects all fishing vessels no matter what their size is, they are not in a position to say how many of the 73 vessels were covered by the atypical scheme for non-EU migrant fishing crew, i.e. vessels greater than 15 metres.
619. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation if her attention has been drawn to the concerns of small businesses on the proposed removal of section 343(7) of the Companies Act 2014; and if this provision in the Companies (Statutory Audits) Bill 2017 is being reconsidered. [54565/17]
View answerI have received some representations on behalf of small business regarding the removal of section 343(7) of the Companies Act 2014. I brought forward this amendment in the Companies (Statutory Audits) Bill 2017 as I consider it an appropriate and necessary measure to protect the interests of users of company financial statements.
Prior to the Companies Act 2014, a company could apply only to the High Court for an extension of time to file its annual return. Where such an Order was given for an extension of the time, the company did not lose its audit exemption. Separately, a company could apply to the Registrar of Companies for its late filing fees to be waived but it lost the audit exemption as it was still late filing its annual return.
The Companies Act 2014 introduced the option, under section 343(7), for a company to also apply to the District Court for the extension of time to file its annual return and, if obtained, it retained its audit exemption.
Section 343(7) was commenced on 1 June 2015 and since then concerns have arisen regarding its impact on timely filing of annual returns and financial statements by companies which is an important transparency measure and safeguard for third parties such as suppliers, employees and other creditors. The number of Orders granted by the District Court in the course of 2016 was more than double the number of waivers granted by the Registrar in 2014 under the previous scheme.
Section 9 of the Companies (Statutory Audits) Bill 2017 repeals section 343(7) of the Companies Act 2014. A new section 343A provides that a company may apply to the District Court for an Order waiving the fee required for the late filing of its annual return. This is similar to the position that obtained before the enactment of the Companies Act 2014, whereby a company could apply to the Registrar but that decision now falls within the remit of the District Court.
The loss of audit exemption where an annual return is not filed on time was introduced as a policy response for such failure in the Companies (Auditing and Accounting) Act 2003. The loss of audit exemption has proved central to creating a culture of compliance and acting as a support to good corporate governance practices. Today the compliance level is at 90%.
Companies have a considerable period of time, up to 10 months, to prepare and file their financial statements. The vast majority of companies manage to file within this timeframe. Any further delay risks making that information less meaningful to the third parties concerned.
This is an important consideration as those third parties may also be small companies that supply or otherwise do business with that company. Given the time allowed to companies to prepare their financial statements, the fact that the financial reporting obligation has been simplified and reduced in the Companies (Accounting) Act 2017 and that this Act also made more companies eligible for the audit exemption, I consider that the proposals in the Companies (Statutory Audits) Bill 2017 are appropriate.
620. Deputy John Deasy asked the Minister for Business, Enterprise and Innovation if her attention has been drawn to research by InterTradeIreland indicating that 95% of companies here still do not have a formal plan on the way in which to deal with Brexit; and if a practical advice campaign will be launched to address this deficit. [54603/17]
View answerThe research referred to underlines the importance of the work my Department and its enterprise agencies are collectively undertaking with respect to the UK's withdrawal from the EU. This includes efforts to help businesses plan and prepare for the specific challenges that Brexit is likely to pose to their commercial activity. Much of our broader work so far to help mitigate the impact of Brexit on Irish firms is captured in my Department's recently published response paper to the UK's impending exit from the EU, entitled "Building Stronger Business - Responding to Brexit by Competing, Innovating and Trading". This paper summarises the policy measures already taken, outlines future initiatives we intend to take forward and details the steps the Department has taken already to ensure that we can work as efficiently as possible to support our companies.
Our State Agencies have been very active in helping businesses prepare for the post-Brexit commercial environment and this work is ongoing. InterTradeIreland itself, for example, has introduced an initiative to assist SMEs, including the provision of expert advice on Brexit. It has also organised an extensive series of awareness raising events in various locations, both North and South.
Enterprise Ireland, meanwhile, has launched a "Brexit SME Scorecard" - effectively a new interactive platform which can be used by Irish companies to self-assess their exposure to Brexit. The Agency has also introduced a "Be Prepared Grant" that helps SME clients meet the costs of implementing a plan to mitigate risks arising from Brexit. Furthermore, the Local Enterprise Office Network are hosting information events around the country aimed at helping companies plan for Brexit.
621. Deputy John Deasy asked the Minister for Business, Enterprise and Innovation the changes proposed to protect the rights of persons when redeeming gift vouchers within a specified time limit; and if the introduction of a minimum valid period substantially greater than 12 months is being considered. [54604/17]
View answerMy 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. However, I wish to repeat a willingness by previous Ministers to listen to other views and possible approaches to the issue of gift vouchers, such as a requirement that they remain valid for a set period.
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 during 2018. Discussion at Council level on the second proposal on online sales has only just commenced.
Nonetheless, I am considering 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 2018, 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. However, 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.
I would also like to draw the attention of the Deputy to the very useful information for consumers on the issue of gift vouchers on the CCPC website www.ccpc.ie.
622. Deputy John Deasy asked the Minister for Business, Enterprise and Innovation if her Department has monitored the percentage of job advertisements published online and in print media over the past two years which have been specific to positions based in Dublin; and the percentage that applied to other counties or regions. [54605/17]
View answerMy Department does not monitor online job advertisements to determine the percentage that are specific to individual counties or regions.
623. Deputy John Deasy asked the Minister for Business, Enterprise and Innovation the number of IDA or Enterprise Ireland advance factory or similar facilities currently available for occupancy in each county; and the number of such premises, per county, that are currently at either planning or construction stage. [54606/17]
View answerSince 2015, the IDA has been working towards targets set out in their strategy “Winning - Foreign Direct Investment 2015-2019”, including increasing foreign direct investment in every region of Ireland by 30%-40%. To help achieve this goal, the Government has committed to providing the IDA €150 million over five years for a regional property programme. This programme aims to ensure property solutions are in place for overseas companies considering investing or expanding, thereby encouraging more FDI in regional Ireland.
To date, under the programme, the Agency has delivered advance buildings in Waterford, Athlone, Sligo, Castlebar and Tralee. It has also successfully secured tenants for the first buildings completed in Waterford, Athlone and Sligo. Two new buildings in Castlebar and Tralee are now complete and being marketed extensively. Construction is also underway on another facility in Galway.
IDA Ireland is continuing to roll out its building programme across the country with new buildings planned in Carlow, Dundalk, Limerick, Athlone and Waterford over the next two years.
