Written Answers Nos. 318-335
318. Deputy John McGuinness asked the Minister for Justice and Equality the timeframe for processing an application to the Criminal Injuries Compensation Tribunal by a person (details supplied); and the process involved. [49409/18]
View answerAs I outlined in my response to the Deputy's question number 68 of 11 October 2018, the Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the Terms of the Scheme, the Tribunal is entirely independent in considering applications made under the Scheme. Therefore, you will appreciate that in these circumstances, I cannot comment on individual cases.
I also outlined in that response that it is not possible to provide an estimate of the time required to settle any particular claim as it varies depending on the circumstances of each case. While applications are processed with the minimum of formality compared to court proceedings where compensation is being claimed under the Civil Liability Acts, in making their decisions Tribunal Members must be satisfied that all supporting documentation submitted is in order. In some cases there can be delays pending the availability of all required documentation and some cases are complex in terms of medical conditions being assessed.
319. Deputy Mary Lou McDonald asked the Minister for Justice and Equality further to Parliamentary Question No. 427 of 6 November 2018, when a reply will issue. [49410/18]
View answerI am advised by An Garda Síochána that the Garda National Protective Services Bureau, under the direction of the Assistant Commissioner with responsibility for Special Crime Operations, is in the process of developing a domestic violence risk assessment matrix. I am informed that the proposed matrix is the subject of an independent validation by Trinity College which is expected to take approximately three months and will help to quality assure the process prior to implementation. In the interim, the risk assessment tool is also being piloted in two Garda Divisions and this pilot is also producing data for the validation process.
Once the risk assessment matrix has been finalised, training for personnel utilising it will be required and I am informed that the Garda National Protective Services Bureau is working with the Garda College to develop an appropriate training programme. The risk assessment matrix will not become fully operational until necessary training has been completed. I am informed that this process will be completed by the end of Q4 2019.
320. Deputy Timmy Dooley asked the Minister for Justice and Equality the fees paid and services rendered to a person (details supplied) in each of the years 2013 to 2017 and to date in 2018; and if he will make a statement on the matter. [49428/18]
View answerI can advise the Deputy that my Department has not paid fees or procured services from the person or company in question during the years 2013 to 2017 or to date in 2018. The person in question has provided assistance to the Department on behalf of the Office of Government Procurement in connection with a procurement matter in recent months.
321. Deputy Timmy Dooley asked the Minister for Justice and Equality if he will provide a timeline for the development of his Department's specific climate change targets; and if he will make a statement on the matter. [49572/18]
View answerIreland's first statutory National Adaptation Framework (NAF) was published in January 2018 and sets out the national strategy to reduce the vulnerability of the country to the negative effects of climate change and to avail of any positive impacts.
Under the NAF, a number of Government Departments are required to prepare sectorial adaptation plans in relation to a priority area that they are responsible for and the formalisation of adaptation planning guidelines to assist in the development of these plans is a key action under the NAF.
While my Department is not a lead Department in terms of preparing a sectorial adaptation plan, it nonetheless remains committed to achieving increases in energy efficiency.
My Department, along with all public sector bodies, is committed to achieving a 33% reduction in energy usage by 31st December, 2020, over a baseline of energy used in 2009 - a target set out in S.I. 426 of 2014. It is therefore fully engaged in the Public Sector Energy Reporting Programme.
By the end of December, 2017, my Department had achieved a reduction of 32.4% in energy use, and is on course to meet the 33% target ahead of the deadline.
As reported by the Sustainable Energy Authority of Ireland (SEAI) a reduction of 43% in greenhouse gas emissions between 2009 and 2017 was recorded for my Department.
My Department will continue to engage with the Department of Communications, Climate Action and Environment , the SEAI and the Optimising Power at Work scheme to continue to achieve reductions in energy use at our offices.
322. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the 2019 allocation for the future growth loan scheme in view of the fact that the explanatory memo to the European Investment Fund Agreement Bill 2018 indicates the cost will be €62 million over a five year period. [48901/18]
View answerThe Future Growth Loan Scheme is being developed by the Department of Business, Enterprise and Innovation and the Department of Agriculture, Food and the Marine (DAFM) in partnership with the Department of Finance, the Strategic Banking Corporation of Ireland (SBCI) and the European Investment Fund (EIF).
Through a counter-guarantee from the EIF, the Future Growth Loan Scheme will leverage €62 million Exchequer funding to provide a scheme of up to €300 million to eligible businesses for terms of 8-10 years. My Department will provide 60% of the Exchequer funding and the remaining 40% will be provided by the Department of Agriculture, Food & the Marine, over a five-year period. It is expected that €6 million will be allocated to the scheme in 2019. This will be confirmed in the 2019 Revised Estimates Volume, which is expected to be published in the coming weeks.
The scheme will be available to eligible Irish businesses, including those in the primary agriculture and seafood sectors, to support strategic, long-term investment in a post-Brexit environment. The eligibility criteria have yet to be finalised, but the scheme will be open to SMEs with an establishment or branch in Ireland. Sole traders will be eligible for funding under the scheme. Finance provided under the scheme will be competitively priced and have favourable terms, including the interest rate, with loans up to €500,000 unsecured.
The scheme is expected to launch in early 2019.
323. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the number of applicants and participants in all Brexit schemes and supports provided by her Department or agencies under her remit; the amount allocated and expended to each such scheme in each year since being established in tabular form. [48903/18]
View answer327. Deputy Lisa Chambers asked the Minister for Business, Enterprise and Innovation the take up of all Brexit supports since they opened and that fall under the remit of her Department in tabular form; and if she will make a statement on the matter. [48940/18]
View answerI propose to take Questions Nos. 323 and 327 together.
My Department and its agencies are providing extensive supports to ensure that businesses are prepared for Brexit. These supports aim to assist businesses in identifying key risk areas and the practical preparatory actions to be taken over the coming months.
In addition to direct supports to firms, I and my Department have been developing a number of schemes to mitigate against the potential effects of Brexit. In late November 2017 a Rescue and Restructuring (R&R) Scheme was approved by the EU Commission. This scheme has been put in place as it is considered prudent to have contingency measures in place so that we can respond swiftly to changing circumstances as necessary.
The Brexit Loan Scheme was launched in April 2018 and provides affordable working capital financing to eligible businesses that are either currently impacted by Brexit or will be in the future, to help them innovate, change or adapt to mitigate their Brexit challenge.
In May 2018, the Rescue and Restructuring scheme was extended to include temporary restructuring aid for enterprises experiencing acute liquidity needs. The aid is granted in the form of loans repayable over a period of 18 months. Together with the Brexit Loan Scheme, this temporary restructuring aid will provide valuable stabilisation to businesses as they respond to the immediate and long-term impacts of the UK’s decision to leave the EU.
The Future Growth Loan Scheme was announced in Budget 2019. The scheme will be available to eligible Irish businesses, including those in the primary agriculture and seafood sectors, to support strategic, long-term investment in a post-Brexit environment. It will provide low cost loans for terms of between 8-10 years, which is not readily available on the market. It is expected that this scheme will be operational in Q1 2019.
Local Enterprise Office funding has been increased and this increase is being used to assist micro-enterprises in becoming more competitive and better able to cope with the changing environment in which they are operating. The suite of LEO Brexit supports includes tailored mentoring to address Brexit-related business challenges and targeted training on specific Brexit challenges.
Enterprise Ireland has established a Prepare for Brexit online portal and communications campaign, as well as an online "Brexit SME Scorecard" to help Irish businesses self-assess their exposure to Brexit and a "Be Prepared Grant" to support SME clients in planning to mitigate risks arising from Brexit. It has also launched a new Eurozone Strategy to help SMEs broaden their export footprint beyond the UK.
InterTrade Ireland's Brexit advisory service was established in May 2017 to provide a focal point for SMEs working to navigate the changes in cross-Border trading relationships brought about by Brexit negotiations.
As part of awareness-raising activities, EI has rolled out regional Brexit Advisory clinics throughout the year. My Department and its agencies have also participated in the Getting Ireland Brexit Ready roadshow to inform businesses of supports available to them to prepare for Brexit. I will continue to ensure we provide the supports and services best suited to the needs of enterprise over the coming months.
The information is set out in the following table:
|
Scheme |
Uptake (as of 19 November 2018) |
Allocation/Expenditure by year up to 19 November 2018 |
|
Brexit Loan Scheme |
307 applications received, 270 approved by SBCI, 54 Loans progressed to sanction at bank level to a value of €12.51 million (23 November 2018) |
€23 million exchequer funding has been used to leverage a fund of up to €300 million: €14 million from DBEI and €9 million from the Department of Agriculture, Food and the Marine. This Exchequer funding was allocated to the SBCI at the end of 2017. |
|
Enterprise Ireland (EI) Brexit Scorecard - online platform for Irish companies to self-assess their exposure to Brexit |
3,332 Brexit Scorecards have been completed, which includes 502 LEOs clients |
2017 Expenditure: €25,568 2018 Expenditure: €11,261
|
|
EI Be Prepared Grant |
148 Be Prepared Grants have been approved |
2017 Expenditure: €10,000 2018 Expenditure: €154,573 |
|
EI Market Discovery Fund - A support to EI clients to research new markets |
166 projects have been approved under this initiative |
Market Discovery fund was launched in 2018 2018 Expenditure: €165,470 |
|
EI Agile Innovation Fund - Gives rapid fast-track access to innovation funding |
33 Agile Innovation projects have been approved |
Agile Innovation Fund was launched in 2018 2018 Expenditure: €263,681 |
|
EI Brexit Advisory Clinics |
11 events been run with approx. 915 in attendance |
2017 Expenditure: €57,797 2018 Expenditure: €144,567 |
|
EI Brexit ‘Act On Programme’ – A support funding the engagement of a consultant to devise report with recommendations to help clients address weaknesses and improve resilience |
130 ‘Act on’ Plans have been completed |
2018 Expenditure: €258,000 |
|
EI Strategic Consultancy Grant – A grant to assist EI clients to hire a strategic consultant for a set period |
1,045 Strategic Consultancy Grants have been approved |
2016 Expenditure: €278,137 2017 Expenditure: €482,617 2018 Expenditure: €444,368 |
|
Local Enterprise Office (LEO) Mentoring |
263 mentoring participants solely focused on Brexit |
Not available |
|
LEO Technical Assistance Grant for Micro Export - an incentive for LEO clients to explore and develop new market opportunities |
293 clients were approved assistance under the Technical Assistance Grant |
2017 Allocation: €785,000 2017 Expenditure: €188,829 2018 Allocation: €800,000 2018 Expenditure: €365,774 up to 30/09/18 |
|
LEO LEAN4Micro – The Lean4Micro offer was developed in collaboration between the EI Lean department and the LEOs to tailor the EI Lean offer for LEO micro enterprise clients |
192 LEO clients have participated in the programme |
2017 Allocation: €882,500 2017 Expenditure: €529,922 2018 Allocation: €852,620 2018 Expenditure: €518,411 up to 30/09/18 |
|
LEO Brexit Seminars/Events |
3,925 Participants at the Brexit Information events |
2017 Allocation: €153,500 2017 Expenditure: €85,509 2018 Allocation: €177,800 2018 Expenditure: €57,855 up to 30/09/18 |
|
InterTradeIreland Brexit Advisory Service |
2,350 SMEs have directly engaged with the Brexit Advisory Service |
2017 Expenditure: €342,000 2018 Expenditure €834,000 up to 31/10/2018 |
|
InterTradeIreland (ITI) Brexit Start to Plan Vouchers |
There have been 619 applications, with 514 approved and 105 pending. |
2017 Expenditure: €7,409 2018 Expenditure: €333,654 |
|
Pilot Online Retail Scheme administered by Enterprise Ireland |
Total fund of €1.25m. The first call opened on 24 October. This call will close on 5 December at 3pm. |
Not available |
324. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the number of firms that have applied for working capital under the Brexit loan scheme; the number of firms that have been sanctioned financing to date; and the value of same. [48875/18]
View answerThe Brexit Loan Scheme provides affordable working capital to eligible businesses with up to 499 employees that are or will be impacted by Brexit and meet the scheme criteria. The €23 million exchequer funding (€14 million from my Department and €9 million from the Department of Agriculture, Food and the Marine) has been leveraged to provide a fund of up to €300 million.
It has been designed to assist eligible Irish businesses in the short-term to deal with the challenges of Brexit, which include the pressures of increased market instability and currency volatility. The scheme is open to both State Agency clients and businesses that do not have any relationship with State Agencies. Sole traders may also apply.
The scheme features a two-stage application process. First, businesses must apply to the Strategic Banking Corporation of Ireland (SBCI) to confirm their eligibility for the scheme. This application process requires businesses to use guidelines provided on the SBCI website to determine if they are eligible, and if so, to complete the eligibility form. As part of the process, businesses must submit a business plan, demonstrating the means by which they intend to innovate, change or adapt to meet the challenges posed by Brexit. Guidance is available on the SBCI website on how to complete a business plan. The SBCI assess the applications and successful applicants receive an eligibility reference number.
Successful applicants can then apply for a loan under the scheme with one of the participating finance providers. Participating finance providers are the Bank of Ireland, Ulster Bank and Allied Irish Bank. Approval of loans under the Brexit Loan Scheme is subject to the finance providers’ own credit policies and procedures.
The scheme was launched in March this year and, as of 23 November, there have been 307 applications received, of which 270 have been approved and 54 loans progressed to sanction at finance provider level to a value of €12.51 million. These figures were issued as an interim update, more detailed information is available on a quarterly basis.
325. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the status of discussions at EU level following the agreement between the United States of America Administration and the European Commission in July 2018 to commence trade negotiations focused on industrial goods; the sectors that will be included and excluded, respectively in these negotiations; and if she has communicated sectors that should not be included in such negotiations to the Commission. [48878/18]
View answerThe EU and US are each other's most significant trading partners based on broadly similar values and interests that have proved indispensable for the prosperity of both sides of the Atlantic. Ireland and the EU remain fully committed to a continued strong partnership with the US as equal partners. Our long-established relationships provide the basis for continuing economic and trade cooperation.
In the context of current international trade developments, I very much welcome the Joint Statement of 25th July 2018 by President Juncker and President Trump concerning the launching of a new phase in the relationship between the EU and the US, where we agreed to:-
- work together toward zero tariffs, zero non-tariff barriers, and zero subsidies (on non-auto industrial goods) and to work to reduce barriers and increase trade in services, chemicals, pharmaceuticals, medical products, as well as soybeans,
- strengthen strategic energy cooperation to potentially increase US imports of (LNG) to diversify the EU’s energy supply,
- launch a close dialogue on standards to ease trade barriers, reduce bureaucratic obstacles, and slash costs,
- work closely together with like-minded partners to reform the WTO and to address unfair trading practices, including intellectual property theft, forced technology transfer, industrial subsidies, distortions created by state owned enterprises, and overcapacity, and
- commit to resolving the steel and aluminium tariff issues and rebalancing tariffs and no further tariff measures unless either party terminates the negotiations.
On 10th September 2018, EU Commissioner Malmström met U.S. Trade Representative (USTR) Lighthizer to initiate the Executive Working Group (EWG) established in order to improve trade relations between the US and EU and address each of the topics in the Joint Statement. During 23rd - 26th October 2018, EU officials visited Washington to attend a number of technical meetings to advance the work of the EWG and to meet with a number of US agencies to discuss voluntary regulatory cooperation. Commissioner Malmström met again with USTR Lighthizer on the 14th November in Washington where they had positive discussions on conformity assessment, industrial standards and regulatory cooperation in the pharmaceuticals, medical devices and cybersecurity sectors. It is important to stress that regulatory cooperation will be voluntary and agreed outside any formal trade negotiation with the US.
This EWG is due to publish a report before the end of the year to outline the next steps the EU and US should take to implement the Joint Statement. After the scope of negotiations has been agreed by the EWG, EU Trade Ministers will consider any proposed mandate for the EU Commission to negotiate a formal trade deal with the US.
I have clarified with the EU Commission that agriculture will remain excluded from the scope of any future agreement with the US. Further, my officials and I remain in close consultation with other Departments, colleague Member States and the EU Commission in relation to the ongoing EU-US dialogue on trade. In that context, we will review any draft mandate from the Commission to ensure that Ireland’s interests are fully represented.
326. Deputy Sean Sherlock asked the Minister for Business, Enterprise and Innovation the number of businesses that have availed of the Brexit loan scheme by county and by sector; and the average breakdown loaned between €25,000 and €1.5 million. [48937/18]
View answerThe Brexit Loan Scheme provides affordable working capital to eligible businesses with up to 499 employees that are or will be impacted by Brexit and meet the scheme criteria. The €23 million exchequer funding (€14 million from my Department and €9 million from the Department of Agriculture, Food and the Marine) has been leveraged to provide a fund of up to €300 million.
It has been designed to assist eligible Irish businesses in the short-term to deal with the challenges of Brexit, which include the pressures of increased market instability and currency volatility. The scheme is open to both State Agency clients and businesses that do not have any relationship with State Agencies. Sole traders may also apply.
The scheme features a two-stage application process. First, businesses must apply to the Strategic Banking Corporation of Ireland (SBCI) to confirm their eligibility for the scheme. This application process requires businesses to use guidelines provided on the SBCI website to determine if they are eligible, and if so, to complete the eligibility form. As part of the process, businesses must submit a business plan, demonstrating the means by which they intend to innovate, change or adapt to meet the challenges posed by Brexit. Guidance is available on the SBCI website on how to complete a business plan. The SBCI assess the applications and successful applicants receive an eligibility reference number.
Successful applicants can then apply for a loan under the scheme with one of the participating finance providers. Participating finance providers are the Bank of Ireland, Ulster Bank and Allied Irish Bank. Approval of loans under the Brexit Loan Scheme is subject to the finance providers’ own credit policies and procedures.
The scheme was launched in March this year and, as of 23 November, there have been 307 applications received, with 270 deemed eligible and 54 loans progressed to sanction at finance provider level to a value of €12.51 million. This equates to an average loan value of approximately €231,700. These figures were issued as an interim update from the SBCI.
The SBCI issues a detailed report on a quarterly basis, which includes county level breakdown and sector breakdown. The figures below are those as at the most recent quarterly report, dated 02 October 2018:
|
County |
Applications Approved |
|
Carlow |
3 |
|
Cavan |
9 |
|
Clare |
2 |
|
Cork |
18 |
|
Donegal |
9 |
|
Dublin |
58 |
|
Galway |
10 |
|
Kerry |
6 |
|
Kildare |
8 |
|
Kilkenny |
0 |
|
Laois |
4 |
|
Leitrim |
0 |
|
Limerick |
7 |
|
Louth |
7 |
|
Mayo |
3 |
|
Meath |
9 |
|
Monaghan |
9 |
|
Offaly |
1 |
|
Roscommon |
1 |
|
Sligo |
4 |
|
Tipperary |
7 |
|
Waterford |
2 |
|
Westmeath |
3 |
|
Wexford |
6 |
|
Wicklow |
14 |
|
Industry Sector |
Applications Approved |
|
Agriculture (Primary) – Not eligible |
0 |
|
Agriculture (Non-Primary) |
2 |
|
Mining & Quarrying |
1 |
|
Manufacturing |
79 |
|
Electricity, Gas, Steam & Air Conditioning Supply |
1 |
|
Water Supply, Sewerage & Waste Management |
1 |
|
Construction |
8 |
|
Wholesale & Retail |
40 |
|
Transportation & Storage |
3 |
|
Accommodation & Food |
6 |
|
Information & Communication |
41 |
|
Financial & Insurance Activities |
2 |
|
Professional, Scientific & Technical Activities |
9 |
|
Administrative & Support Services |
2 |
|
Education |
4 |
|
Human Health & Social Work |
1 |
328. Deputy John Lahart asked the Minister for Business, Enterprise and Innovation the number of adults on the autism spectrum who gain meaningful employment; and if she will make a statement on the matter. [49047/18]
View answerThere is no data available which specifically measures the number of people on the autism spectrum that are employed in Ireland. The first study measuring the number of people who are on this spectrum in Ireland was completed in 2016 by researchers at DCU, but did not include metrics on employment. My Department has consulted with the Central Statistics Office and Departments of Employment Affairs and Social Protection, Health and Justice and Equality who do not have such data. This data cannot be fully captured by any Department or body as employees do not have to inform their employer that they are on this spectrum and indeed may not be aware that they are on it. Both the Departments of Employment Affairs and Social Protection and Justice and Equality have policy responsibility in relation to the employment of people with disabilities and a number of policy documents have been published such as, Make Work Pay for People with Disabilities 2017, the Comprehensive Employment Strategy for People with Disabilities 2015-2024 and the National Disability Inclusion Strategy.
329. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the legal service providers contracted by the Office of the Director of Corporate Enforcement in 2018; the hours worked by each legal service provider; the cost of each legal service provider; and if she will make a statement on the matter. [49229/18]
View answerLegal service providers contracted in 2018 are set out in the following table. The table does not include contracts already existing at the start of 2018, nor does it include contracts which have not yet given rise to Fee Notes (e.g. where a case is ongoing). The hours worked are not relevant in many cases as some tasks are undertaken at a flat fee.
|
Service provider contracted in 2018 |
Payments made to date |
|
Beauchamps |
€43,421.63 |
|
Neil Steen S.C. |
€162,247.26 |
|
David Dodd B.L. |
€2,829.00 |
|
William Abrahamson B.L. |
€9,225.00 |
|
David Fennelly B.L. |
€430.50 |
|
Declan MurphyB.L. |
€3,075.00 |
330. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the legal service providers contracted by Enterprise Ireland in 2018; the hours worked by each legal service provider; the total cost of each legal service provider; and if she will make a statement on the matter. [49230/18]
View answerDetails of the legal service providers contracted by Enterprise Ireland from January to October 2018 are set out in the following table along with the total cost of each.
The number of hours worked has not been included as this would identify the cost per hour of each legal service provider, which is commercially sensitive information.
|
Legal Service Providers
|
Cost € |
|
A&L GOODBODY |
114,233.73 |
|
MATHESON ORMSBY PRENTICE |
2,326.55 |
|
MASON HAYES & CURRAN |
21,855.87 |
|
BAKER & MCKENZIE |
49,499.74 |
|
CROSKERRYS |
806.88 |
|
MCCANN FITZGERALD SOLICITORS |
12,300.00 |
|
BEAUCHAMPS, SOLICITORS |
195,865.78 |
|
Total: |
396,888.55 |
331. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the legal service providers contracted by IDA Ireland in 2018; the hours worked by each legal service provider; the cost of each legal service provider; and if she will make a statement on the matter. [49231/18]
View answerThe following table sets out a list of legal service providers utilised by the IDA from January to September 2018 and the cost of each particular service during that period. The professional fees referenced include a range of services, including land and building sales, land acquisition, lease transactions, grant recoveries and legal advice on various matters.
As to the number of hours, legal firms do submit billable hours where they are charging on a time - as opposed to set-fee - basis. When billed, IDA Ireland checks that the hourly rate charged is in accordance with the tenders submitted by the firms.
|
Legal Service Provider |
Description of Service |
Cost |
|
Gerard Carrigg |
Fees re Affidavit x 2 + Exhibits x 2 |
24.00 |
|
Mason Hayes & Curran |
Professional Fee |
905.33 |
|
Denis McDonald SC |
Professional Fee |
3,531.30 |
|
Byrne Wallace |
Professional Fee |
899.58 |
|
Gore & Grimes |
Professional Fee |
861.00 |
|
Beauchamps Solicitors |
Professional Fee |
19,562.23 |
|
Gore & Grimes |
Professional Fee |
2,198.91 |
|
Mason Hayes & Curran |
Professional Fee |
2,954.67 |
|
Eversheds Sutherland |
Professional Fee |
891.45 |
|
Byrne Wallace |
Professional Fee |
646.60 |
|
Byrne Wallace |
Professional Fee |
1,151.75 |
|
Byrne Wallace |
Professional Fee |
5,144.26 |
|
Beauchamps Solicitors |
Professional Fee |
11,010.30 |
|
Byrne Wallace |
Professional Fee |
9,534.42 |
|
McDowell Purcell |
Professional Fee |
368.47 |
|
Byrne Wallace |
Professional Fee |
2,138.29 |
|
Byrne Wallace |
Professional Fee |
1,288.48 |
|
Beauchamps Solicitors |
Professional Fee |
1,168.79 |
|
Lavelle Solicitors |
Professional Fee |
771.99 |
|
Matheson Solicitors |
Professional Fee |
2,158.55 |
|
Lavelle Solicitors |
Professional Fee |
133.07 |
|
Lavelle Solicitors |
Professional Fee |
6,031.07 |
|
Matheson Solicitors |
Professional Fee |
3,827.29 |
|
Matheson Solicitors |
Professional Fee |
3,344.14 |
|
Eversheds Sutherland |
Professional Fee |
845.50 |
|
Eversheds Sutherland |
Professional Fee |
7,725.90 |
|
Beauchamps Solicitors |
Professional Fee |
11,740.86 |
|
Beauchamps Solicitors |
Professional Fee |
3,326.60 |
|
Beauchamps Solicitors |
Professional Fee |
28,332.04 |
|
Beauchamps Solicitors |
Professional Fee |
12,810.02 |
|
Beauchamps Solicitors |
Professional Fee |
410.01 |
|
Beauchamps Solicitors |
Professional Fee |
8,310.17 |
|
Hayes Solicitors |
Professional Fee |
2,540.00 |
|
Reddy Charlton Solicitors |
Professional Fee |
1,000.00 |
|
Gallagher Shatter |
Professional Fee |
65.83 |
|
Gallagher Shatter |
Professional Fee |
1,100.00 |
|
Mason Hayes & Curran |
Professional Fee |
4,126.55 |
|
Reddy Charlton |
Professional Fee |
1,000.00 |
|
Beauchamps Solicitors |
Professional Fee |
2,225.60 |
|
Beauchamps Solicitors |
Professional Fee |
5,412.00 |
|
Reddy Charlton Solicitors |
Professional Fee |
2,382.50 |
|
Gallagher Shatter |
Professional Fee |
4,662.31 |
|
Beauchamps Solicitors |
Professional Fee |
2,525.00 |
|
Hayes Solicitors |
Professional Fee |
2,045.00 |
|
Hayes Solicitors |
Professional Fee |
2,544.43 |
|
Beauchamps Solicitors |
Professional Fee |
2,320.00 |
|
Beauchamps Solicitors |
Professional Fee |
2,162.50 |
|
Byrne Wallace |
Professional Fee |
814.00 |
|
Beauchamps Solicitors |
Professional Fee |
905.94 |
|
Reddy Charlton Solicitors |
Professional Fee |
1,000.00 |
|
Mullin & Treacy Solicitors |
Professional Fee |
2,755.98 |
|
Philip Lee |
Professional Fee |
3,635.50 |
|
Byrne Wallace |
Professional Fee |
3,154.32 |
|
Mason Hayes & Curran |
Professional Fee |
3,500.00 |
|
Mason Hayes & Curran |
Professional Fee |
2,890.64 |
|
Mason Hayes & Curran |
Professional Fee |
1,040.00 |
|
Lavelle Solicitors |
Professional Fee |
1,389.20 |
|
Byrne Wallace |
Professional Fee |
792.00 |
|
Byrne Wallace |
Professional Fee |
308.00 |
|
Byrne Wallace |
Professional Fee |
1,604.40 |
|
Hayes Solicitors |
Professional Fee |
6,140.00 |
|
Byrne Wallace |
Professional Fee |
6,029.42 |
|
Byrne Wallace |
Professional Fee |
1,122.80 |
|
Gallagher Shatter |
Professional Fee |
10,175.36 |
|
Philip Lee |
Professional Fee |
1,293.48 |
|
Beauchamps Solicitors |
Professional Fee |
7,275.00 |
|
Reddy Charlton Solicitors |
Professional Fee |
2,800.00 |
|
Hayes Solicitors |
Professional Fee |
4,896.32 |
|
Hayes Solicitors |
Professional Fee |
4,140.00 |
|
Byrne Wallace |
Professional Fee |
547.52 |
|
Hayes Solicitors |
Professional Fee |
2,540.00 |
|
Philip Lee |
Professional Fee |
3,744.00 |
|
Byrne Wallace |
Professional Fee |
1,191.16 |
|
A & L Goodbody Consulting Ltd |
Professional Fee |
2,200.00 |
|
Beauchamps Solicitors |
Professional Fee |
1,706.10 |
|
Mason Hayes & Curran |
Professional Fee |
1,040.00 |
|
Beauchamps Solicitors |
Professional Fee |
3,450.47 |
|
Hayes Solicitors |
Professional Fee |
10,196.00 |
|
Byrne Wallace |
Professional Fee |
21,068.73 |
|
Reddy Charlton Solicitors |
Professional Fee |
25,658.00 |
|
Mason Hayes & Curran |
Professional Fee |
2,037.80 |
|
Lavelle Solicitors |
Professional Fee |
350.00 |
|
Gallagher Shatter |
Professional Fee |
675.00 |
|
Beauchamps Solicitors |
Professional Fee |
20,777.40 |
|
Hayes Solicitors |
Professional Fee |
2,448.50 |
|
Philip Lee |
Professional Fee |
2,648.50 |
|
Byrne Wallace |
Professional Fee |
420.00 |
|
Byrne Wallace |
Professional Fee |
88.00 |
|
Byrne Wallace |
Professional Fee |
2661.32 |
|
Mason Hayes & Curran |
Professional Fee |
563.30 |
|
Total |
|
363,832.92 |
332. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of company director restrictions imposed by the Office of the Director of Corporate Enforcement in 2017 and to date in 2018, in tabular form. [49280/18]
View answer333. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of company director disqualifications imposed by the Office of the Director of Corporate Enforcement in 2017 and to date in 2018, in tabular form. [49281/18]
View answerI propose to take Questions Nos. 332 and 333 together.
The ODCE does not have the power to impose company director restrictions or disqualifications. Only the High Court can impose such sanctions. However, following the commencement of the Companies Act, 2014, in June, 2015, the ODCE may, in specified circumstances, invite an individual, who would otherwise face High Court proceedings seeking their disqualification or restriction, to submit to a voluntary undertaking. Where such undertakings are given they have the same legal effect as Court imposed disqualifications or restrictions.
In order to determine whether, or not, to offer an undertaking, the ODCE examines the circumstances of each case and determines whether it has reasonable grounds for believing that the individual concerned should be subject to a disqualification or restriction.
Disqualifications
In 2017, the ODCE recommenced a programme of investigation of companies that were struck off the companies register while still having debts. The directors of such companies are liable to be disqualified by virtue of section 842(h). This area of investigation had previously to be suspended in the light of concerns arising from a judgement handed down by the High Court. Having regard to their concerns about the judgment, the ODCE successfully appealed the decision to the Court of Appeal.
Further disqualifications arise in connection with insolvent companies in liquidation. The decisions will usually be based primarily on a detailed review of the statutory reports that liquidators are required to make to the ODCE in respect of insolvent liquidations. In a small number of such cases, an offer of a disqualification undertaking may be made.
However, in other cases, such as where a director decides not to give an Undertaking, the liquidator involved will be required to proceed with an application to the High Court for the restriction of the directors of the company but, in appropriate cases, may also apply to have the directors concerned disqualified.
Details of all disqualifications arising on foot of either Undertakings given to the ODCE or Court orders are set out in the table attached:
Restrictions
In order to determine whether, or not, to offer an Undertaking, the ODCE examines the circumstances of each case and determines whether it has reasonable grounds for believing that the individual concerned should be subject to a restriction. This primarily arises in connection with insolvent companies in liquidation. The decisions will usually be based primarily on a detailed review of the statutory reports that liquidators are required to make to the ODCE in respect of insolvent liquidations.
In certain circumstances, such as a case where a director decides not to give an Undertaking, the liquidator involved will be required to proceed with an application to the High Court for the restriction of the directors of the company. In certain circumstances, liquidators may also form the view that a disqualification application is appropriate. Details of all restrictions arising on foot of either Undertakings given to the ODCE or Court orders are set out in the following tables:
|
Directors Restricted |
2017 |
2018 (to date) |
|
Undertakings |
86 |
78 |
|
Court Order |
31 |
17* |
|
Total |
117 |
95 |
*This is the number of Court Orders that have been notified to the ODCE.
PQ 49281 Table
|
Directors disqualified |
2017 |
2018 to date. |
|
Struck-off companies (all by undertakings) |
4 |
19 |
|
Disqualifications in connection with insolvent liquidations: |
||
|
- Undertakings |
1 |
1 |
|
- Court Order |
9 |
8* |
|
Total |
14 |
28 |
* This is the number of Court Orders that have been notified to the ODCE to date.
334. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of prosecutions the Office of the Director of Corporate Enforcement has brought in 2017 and to date in 2018, in tabular form. [49282/18]
View answerInvestigations/prosecutions - The ODCE has a remit to investigate indications of both civil and criminal wrongdoing under company law. In conducting such investigations, the ODCE has a range of investigative powers at its disposal as provided for by the Companies Acts.
Exercise of investigative powers
Those powers are supplemented by those powers that members of An Garda Síochána (“AGS”) possess by virtue of being members of AGS. During the period covered by the question, i.e., 2017 and 2018, the ODCE exercised the following investigative powers:
|
Investigative (and related) powers exercised |
2017 |
2018 |
|
Production and Other Orders under the Companies Act 2014, the Criminal Justice (Theft & Fraud Offences) Act 2001 and the Criminal Justice Act 1994 (as amended) (not an exhaustive list) |
52 |
54 |
|
Directions to liquidators to submit statutory reports |
45 |
46 |
|
Arrest |
3 |
5 |
|
Search and Seizure |
4 |
0 |
|
Total |
104 |
105 |
Enforcement actions
Enforcement actions arising from the exercise of the investigative powers referenced above can be civil in nature and/or criminal in nature.
Civil enforcement
In March 2018, and following a lengthy investigation, the ODCE lodged an application with the High Court for the appointment of Inspectors to Independent News & Media plc (“INM”). In September 2018, following an unsuccessful Judicial Review and a subsequent three day hearing, the President of the High Court appointed two inspectors to INM. The Inspectors are now in situ and are due to produce their first report to the High Court in April 2019.
Other civil enforcement actions, i.e., applications for the disqualification of the directors of insolvent companies that have been struck off the register, are dealt with under the response to question reference 49281/18.
Criminal enforcement – summary prosecutions
The ODCE is only empowered to initiate summary prosecutions (i.e., in the District Court). Only the Director of Public Prosecutions (“DPP”) can initiate a prosecution on indictment (i.e., in the Circuit Criminal Court before a jury).
Summary prosecutions are only suitable for relatively minor matters and, as such, the ODCE typically seeks to resolve issues of underlying non-compliance by other, more cost, effective means such as, for example, by issuing warning letters, by requiring evidence of rectification and/or issuing statutory directions requiring the taking of certain actions. Consequently, and consistent with its strategic focus on deploying finite specialist resources (i.e., Garda, accounting, legal and digital forensics) towards more serious indications of wrongdoing, the ODCE did not initiate any summary prosecutions in the District Court over the period 2017 to 2018.
Referrals to the DPP
Investigations into more serious indications of wrongdoing will typically result in a file being submitted to the DPP for consideration as to whether charges should be directed on indictment. Whether charges are directed is solely a matter for the DPP.
During the period covered by the question, i.e., 2017 and 2018, the ODCE submitted files to the DPP for consideration as follows:
|
- |
2017 |
2018 |
|
Files submitted |
5 |
0 (YTD) |
Directions to charge on indictment
Once an investigation file is submitted to the DPP, the timeframe within which a decision is taken as to whether to charge or not is outside the ODCE’s control. In complex cases, it is not unusual for the DPP to seek advices on proofs from Counsel prior to making such a decision.
Where the DPP directs charges on indictment, the matter enters the Courts system where the timing is, similarly, outside the ODCE’s control. During the period covered by the question, i.e., 2017 and 2018, the DPP directed charges on foot of ODCE files as follows:
|
|
2017 |
2018 |
|
Charges directed |
1 alleged offence of Fraudulent Trading |
1 alleged offence of Fraudulent Trading
6 alleged offences of Money Laundering
1 alleged offence of the Use of a False Instrument |
|
Total |
1 |
8 |
335. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of convictions the Office of the Director of Corporate Enforcement has achieved in 2017 and to date in 2018, in tabular form. [49283/18]
View answerProsecutions on indictment - Purpose of criminal investigations
It is important to appreciate that the purpose of a criminal investigation is not to secure a conviction. Rather, the purpose is to establish the facts. Thereafter, it is a matter for the DPP to determine, having regard to the facts and to potentially relevant offences, whether the direction of charges is appropriate and in the public interest.
Prosecutions on indictment
During the period covered by the question, i.e., 2017 and 2018, the following convictions resulted from charges having been directed by the DPP on foot of ODCE investigations:
|
Prosecution |
Outcome |
|
2017 |
|
|
DPP v William McAteer |
Convicted of one count of Fraudulent Trading contrary to section 297 of the Companies Act 1963 |
|
DPP v Patrick Whelan |
Convicted on one count of failing to maintain a licensed bank’s register of lending to directors and connected persons contrary to section 44 of the Companies Act 1990 |
|
2018 |
|
|
DPP v David Drumm |
Convicted on ten counts of providing unlawful financial assistance contrary to section 60 of the Companies Act 1963 |
|
DPP v Mary Donnelly |
Convicted of one count of Fraudulent Trading contrary to section 297 of the Companies Act 1963 |
