Vol. 625 No. 2
15 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the steps he has taken or proposes to take to combat job relocation to lower wage economies with particular reference to identification of the most obvious cost factors affecting employment here; and if he will make a statement on the matter. [32072/06]
The reasons for companies to relocate activities from Ireland are many and varied, and include relocation to be closer to customers or other competitive considerations. I believe that firms must be free to allocate resources and production to where the returns are highest. It is not in our interest to obstruct what is in the best interest of competitive enterprises. Our best response to the realities of globalisation is to ensure that Ireland remains attractive for investment and enterprise growth.
Our employment record indicates that the effects of job relocation has not been significant. In the last eight years we have added over 523,000 people to our workforce, an unprecedented growth of 35%. We now have over two million people working in Ireland. It is clear that the rate of job relocations is far exceeded by new job creation, often higher up the value-chain and usually accompanied by better-paid high-skilled employment. Indeed, maintaining low-wage jobs at any cost, irrespective of globalisation trends, might serve to keep incomes low and depress standards of living.
As our economy has matured, we have tailored our FDI incentives to match our strengths. Low wage costs are no longer a major enticement, but have been replaced by other attractions, including a benign tax and regulatory environment, better-educated workforce, an improving infrastructure and a commitment to world-class standards of research, development and innovation. Maintaining and improving upon these standards is vital to sustaining Ireland's competitiveness. The IMD World Competitiveness Scoreboard ranked us as the world's 11th most competitive economy in 2006, up one place on last year's position.
The Strategy for Science, Technology and Innovation, launched in June, demonstrates this Government's commitment to continuing the transformation of the economy and continue to create high-value jobs that will mitigate the effects of any job relocation.
The agencies under my Department are working to maintain Ireland attractiveness to foreign investment while assisting indigenous industry. In 2005, the IDA supported over 50 R&D projects related to business investment to the value of over €275 million, a record both in number and value for the agency. Enterprise Ireland has introduced a Productivity Improvement Fund for indigenous enterprises to improve levels of productivity through technology acquisition or labour force training. In 2005 Enterprise Ireland helped 515 client companies invest over €100,000 each in meaningful R&D, with 33 companies investing over €2 million in research and development. With this and other assistance, Enterprise Ireland is making significant progress in helping Irish enterprises improve their export performance, with growth of 7% in 2005 and 15% in exports to Asia.
16 Mr. O’Dowd asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 949 of 27 September 2006, the reason grant aid has not been returned to his Department; the discussions his Department has had with the company concerned regarding alternative employment on the site; and if he will make a statement on the matter. [31926/06]
17 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the level of grant aid provided by his Department to a company (details supplied) in County Tipperary since June 2002; the ongoing discussions regarding the refund of support for a sister plant in County Roscommon; and if he will make a statement on the matter. [31929/06]
57 Mr. Ring asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 959 of 27 September 2006, the progress of the negotiations in relation to the recovery of grant aid paid to a company; and if he will make a statement on the matter. [31927/06]
66 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the level of grant aid provided by his Department to a company (details supplied) in County Offaly since June 2002; the ongoing discussions regarding the return of support for a sister plant in County Roscommon; and if he will make a statement on the matter. [31928/06]
I propose to take Questions Nos. 16, 17, 57 and 66 together.
I should point out at the outset that return and recovery of grant aid are day-to-day operational matters for Enterprise Ireland and that neither I, as Minister, nor my Department have any function in relation to these matters.
I understand that discussions between Enterprise Ireland and the company concerning grant aid to the plant at Rooskey, Co. Roscommon are continuing and that to date, the company has not returned any grant aid to Enterprise Ireland. I am advised that progress is being made in the negotiations, which include complex legal issues and that they are expected to conclude in the near future.
With regard to alternative employment on the company's Rooskey site, Enterprise Ireland is trying to stimulate further investment there. However, discussions are at an early stage in terms of future investment and have yet to be fully developed. These discussions are likely to take several months to develop.
Grant aid amounting to €469,560 was approved for the company's plant at Edenderry, Co Offaly between the period June, 2002 and September, 2006. The grant amount paid to date with respect to this is €159,866. The grant aid consisted of two separate Research and Development projects relating to new product and new process development. The aid was provided under Enterprise Ireland's Research and Technology Innovation scheme.
No grant aid has been provided for the company's plant at Roscrea, Co. Tipperary since June, 2002.
18 Ms Enright asked the Minister for Enterprise, Trade and Employment if his Department or any of the bodies under its auspices has engaged in a study of prices here around the time of the Ryder Cup; the findings of such studies; and if he will make a statement on the matter. [31922/06]
The main bodies operating under the auspices of my Department which are concerned with consumer protection are the Office of the Director of Consumer Affairs and the Interim National Consumer Agency. In so far as the ODCA is concerned, its remit includes a specific statutory role in relation to enforcing price display orders. These orders essentially relate to the manner that prices are indicated on products and also in relation to the manner in which prices are displayed in certain retail outlets such as licensed premises, catering establishments, garages etc.
I am advised by the Director that her Office regularly conducts price display surveys, including on the occasion of major sporting and cultural events, to ensure that retailers are complying with their obligations to display their prices under the relevant Regulations. With regard to the Ryder Cup, the Director's Office conducted surveys of licensed premises and catering establishments in areas surrounding where the event took place. Initial inspections were carried out by the inspectors from the Director's Office between 20th & 25th July with follow up visits taking place on the 11th & 12th September 2006.
The results of the initial inspections of licensed premises revealed that out of 46 premises visited, 21 (45.6%) had their price lists displayed as required by the relevant Regulations while breaches of the Drinks Price Display Order were recorded in 25 (54.4%) premises. However, when Inspectors revisited 45 premises on 11th & 12th September, compliance with the requirements of the Price Display Order had increased to 93% (42). Breaches in relation to the non-display of the required price lists were recorded in 3 (7%) premises. The Director's Office is currently considering the possibility of initiating prosecutions against those retailers who were found to be in breach of their obligations to display their prices.
With regard to restaurants and other catering establishments, the Director has advised that of the total of 56 catering establishments initially visited, 45 (80.4%) had their prices displayed as required under the relevant Regulations, while 11 (19.6%) did not. On the second inspection, all 53 premises revisited had their price lists displayed as required.
The Director's Office also follows up any complaints it receives from consumers in relation to pricing and prices. The Director has advised that in relation to the Ryder Cup her Office only received one complaint to-date regarding ticket pricing and a further complaint in relation to the price charged for tea and sandwiches.
In relation to the other significant area where price concerns were raised, namely possible increases in the price of hotel accommodation, I am advised by the Department of Tourism that under the Tourist Traffic Acts every hotel in Ireland is required at the beginning of each year to register their minimum and maximum room and breakfast rates with Fáilte Ireland. Fáilte Ireland's register records these rates and all hoteliers are obliged to display the rates in each hotel room. Fáilte Ireland has advised that it did receive a total of 5 complaints regarding overcharging for accommodation in the weeks leading up to the Ryder Cup and since. These complaints are being investigated by Fáilte Ireland and appropriate action will be taken if they are found to be justified.
The Department of Tourism advised that it received one complaint itself which, upon investigation, found that the rate concerned had been registered with Fáilte Ireland at the beginning of the year and so the hotelier concerned had done nothing illegal.
The Director of Consumer Affairs has advised that her Office will continue to actively enforce the price display laws to ensure that retailers display the price of goods so that consumers can make an informed choice before deciding whether or not to spend their money on such goods. In this regard, my Department recently increased significantly the fines for traders who breach their obligations with regard to displaying their prices.
The new National Consumer Agency, when it is formally established early next year, in addition to continuing this enforcement function will also have additional statutory functions in areas such as consumer information, advocacy, education and awareness etc. In this regard the Interim National Consumer Agency has since the beginning of the year engaged in high profile media campaigns to highlight awareness of consumer rights. These campaigns continued throughout the period of the Ryder Cup.
I am confident, therefore, that the continued activities of these bodies will help to ensure that consumers receive the appropriate information to enable them to get the best possible value for money for the goods and services that they buy.
19 Mr. Boyle asked the Minister for Enterprise, Trade and Employment the overseer in place to monitor the success of the commercialisation fund; the return to the State on that investment; the number of projects funded under the commercialisation fund and its forerunner to date; the number of said projects which have been converted to start-ups; the number of licences which have been agreed; and the evidence which exists of the commercial benefit of the fund. [31654/06]
The Commercialisation Fund, established in 2003, is operated by Enterprise Ireland. In the first instance, the Board of the agency is responsible for decisions on grants awarded and for monitoring the success of the Fund.
The number of project approvals under the Fund were 73 in 2003, 92 in 2004 and 141 in 2005. The corresponding funding approved was €14.6m, €14.8m and €22.5m, respectively, for each of the three years.
The Commercialisation Fund is based on a competitive call for proposals and supports research projects which are intended to develop products with commercial value to a point where they can be taken up by companies. Since 2003, participation of research groups in the programme has expanded consistently, from five Universities in 2003 to sixteen institutions in 2005, including many Institutes of Technology and some hospital-based researchers. Each project supports 3-5 research associates who are trained in relevant techniques and many of whom subsequently move into industry.
Each project supported by the Fund takes between 2 and 3 years to complete, and it is therefore difficult at this stage to draw definitive conclusions as regards impacts. The outcomes of the fund will be monitored by the new Technology Ireland structure which my Department is putting in place to implement the enterprise-related aspects of the Government's new Strategy on Science Technology and Innovation.
Prior to the establishment of the Commercialisation Fund, Enterprise Ireland supported 3rd level based research which, while not directly comparable and less clearly focussed on commercialisation, had the potential to lead to similar impacts. The impact of these earlier research projects in the period since 2003 amounts to approximately 60 licences and 22 spin off companies.
20 Mr. Gormley asked the Minister for Enterprise, Trade and Employment when a decision on the legal questions regarding the Irish Ferries application for a rebate of the statutory redundancy payments will be made; and the overall cost to the Exchequer should the rebate be granted. [31660/06]
From enquiries made with the Office of the Attorney General, it is not possible at this stage to give a precise date as to when the legal advice in this case will be forthcoming.
Claims for statutory redundancy rebate amounting to over €4 million have been received in my department from the company. If it is found that this rebate is due to the company, then it will be paid out of the Social Insurance Fund.
It is the policy of the Government to pay a rebate only in situations where the strict criteria stipulating genuine grounds for redundancy under Section 7 of the Redundancy Payments Act, 1967, as amended by Section 4 of the Redundancy Payments Act, 1971 and Section 5 of the Redundancy Act, 2003, are applicable.
Employers pay contributions to the Social Insurance Fund in respect of redundancy through the PRSI system. Valid claims for redundancy rebate are paid to employers, who qualify under the provisions of the Redundancy Payments Acts 1967 to 2003, from the Social Insurance Fund.
21 Mr. Boyle asked the Minister for Enterprise, Trade and Employment his views on the findings of the recent Quarterly National Household Survey that productivity levels are falling, especially amongst indigenous Irish firms. [31655/06]
I have to inform the Deputy that there is no data relating to the productivity of indigenous firms in the Quarterly National Household Survey produced by the Central Statistics Office.
22 Mr. P. McGrath asked the Minister for Enterprise, Trade and Employment his plans to review the eligibility criteria for funding from county enterprises boards; and if he will make a statement on the matter. [31935/06]
The basic criteria under which the County and City Enterprise Boards (CEBs) have been operating since their inception in 1993, and under which funding is available, is based primarily on factors such as the sector of the economy in which an enterprise is operating or intends to operate and the size or proposed size of the enterprise. CEBs can assist, through either financial or non-financial means, in the establishment and/or development of new and existing enterprises from individuals/sole traders, companies and community groups subject to certain eligibility criteria such as that the enterprise must be in the commercial sphere and must not employ more than 10 people. Priority is given to enterprises in the manufacturing and internationally traded services sectors which over time may develop into strong export entities.
A fundamental review of the role and functions of the CEBs in the development of micro-enterprises was conducted during 2003/2004 by Fitzpatricks and Associates, Economic Consultants. This review largely endorsed the activities and operations of the CEBs but recommended that, in providing assistance to micro-enterprises, CEBs should focus more on economic, rather than social or local development, objectives; that there should be a renewed focus on the core enterprise mission; that the issues of potential deadweight, displacement and duplication should be more systematically and rigorously addressed and that there should be a move away from direct grant aid to repayable finance as well as a greater provision of soft supports as an alternative to grant aid.
The recent Report of the Small Business Forum, which I set up to examine in broad terms the current environment for conducting small business in Ireland, has since endorsed the key recommendations of the Fitzpatricks Report in relation to the future focus of CEB assistance.
My Department is working with the CEBs in relation to the continued implementation of the Fitzpatricks recommendations in an appropriate manner and in order to determine how best the CEBs can re-focus their supports in line with the recommendations of both Reports in order to ensure that the eligibility criteria remain fully relevant to current market conditions.
23 Mr. Sherlock asked the Minister for Enterprise, Trade and Employment the number of import licences issued in each year from 2002 to present; the number of export licences issued in each year from 2002 to present; the cost to his Department of issuing each import or export licence; the number of staff allocated within his Department or its agencies dealing with import and export licences; and if he will make a statement on the matter. [32067/06]
The number of import and export licences issued by my Department in each year from 2002 to 2006 is set in the table. It should be noted that import licences are required only in respect of certain goods that are subject to EU restrictions while export licences apply only to dual use and military goods.
A total of six staff are directly involved in the issuing of import and export licences. Export and import licences are issued free of charge with related costs being met from the general administrative budget of my Department.
|
Year |
Import Licences |
Export Licences |
|
2002 |
11,878 |
805 |
|
2003 |
17,614 |
1,032 |
|
2004 |
12,463 |
498 |
|
2005 |
6,995 |
431 |
|
2006 (to date) |
1,680 |
387 |
|
Total |
50,630 |
3,153 |
24 Ms Lynch asked the Minister for Enterprise, Trade and Employment if he will report on the percentage of registered companies having a female chief executive; if he will further report on the percentage of registered companies having a female chairperson; if he has plans to introduce proactive measures to increase these proportions; if his attention has been drawn to training programmes in some countries for potential female senior executives that are intended to encourage greater participation; and if he will make a statement on the matter. [32032/06]
The Companies Registration Office is the repository for all companies registered in Ireland. There are currently 168,817 companies on the Register with a total directorship of 434,617. The Register does not indicate the percentage of registered companies having a female chief executive or chairperson.
The 2005 Global Entrepreneurship Monitor indicated that there is a healthy interest among Irish women in developing their own businesses and that many Irish women are actively pursuing this option. However, it is still true that there is a large differential between the numbers of male and female entrepreneurs. As regards my own Department's responsibilities, the report recommended that targeted assistance be provided to female entrepreneurs and this recommendation is being pursued through Enterprise Ireland and the County Enterprise Boards.
Policy in the area of gender equality generally is being developed through the current formulation of the National Women's Strategy to which the Government is committed under social partnership. The draft Strategy is being developed under the direction of an Inter-Departmental Committee by the Department of Justice, Equality and Law Reform.
The draft Strategy, which is nearing completion, will be a wide ranging document setting out the Government's Strategy under three key themes to foster socio-economic opportunity, enhance well-being and engage women in active citizenship. The Strategy will have a ten year lifespan and will include the promotion of the active participation and advancement of women in the work place and in economic and political decision-making.
The Strategy will build on the key contribution which strong employment equality legislation has made in tackling the difficulties women have experienced in gaining advancement in the work place. In particular, improved provisions in relation to maternity leave, parental leave, adoptive leave, the national minimum wage and part-time employment have made it easier for women to combine employment and family life. The work of the National Framework Committees on Work/Life Balance and on Equal Opportunities at the Level of the Enterprise are also important contributors in this area.
The training programmes to which the Deputy refers may offer some guidance on how to encourage greater participation by potential female senior executives and this will be considered as part of the implementation of the Strategy.
Other programmes to further the participation and advancement of women in the workforce have included:
FÁS has prepared a positive action programme to increase the range of job opportunities open to women, including work to encourage women to enter apprenticeships and the development of new apprenticeships in areas that are more attractive to women.
The FÁS Expanding the Workforce Programme also provides a Gateway for women returnees into the labour market, with a specific focus on lone parents.
County Enterprise Boards provide soft forms of support such as advice, mentoring and management development training.
Enterprise Ireland participates in the EU-sponsored Network to Promote Women's Entrepreneurship and organizes high level conferences on Women and Enterprise.
Science Foundation Ireland has undertaken an initiative aimed at boosting the number of women scientists in Ireland and addressing the gender imbalance in the research community. In this regard there has been significant Science Foundation Ireland investment in three schemes – the Principal Investigator Career Advancement Award, the Institute Development Award and the Junior Scholarship.
25 Mr. Deenihan asked the Minister for Enterprise, Trade and Employment if he will visit Tralee, County Kerry in the near future to discuss recent job losses in the town; the future action that his Department, the IDA and Shannon Development intend to take to provide both foreign direct investment and encourage local indigenous enterprises in the Tralee area; and if he will make a statement on the matter. [31905/06]
The promotion of Tralee and the North Kerry area for new investment and jobs is an operational matter for IDA Ireland and Shannon Development as part of their statutory responsibilities and not a matter in which I have a direct function. While I may give general policy directives to the Agencies I am precluded from giving directives relating to individual undertakings or to give preference to one area over another.
I did have the opportunity to visit Kerry this year, and I had a constructive engagement with local representatives and business leaders regarding the development and investment needs of the area. I look forward to availing of the opportunity of visiting Kerry again and including Tralee on my itinerary, to discuss any specific difficulties or challenges that may exist locally. The precise timing of such a visit will of course be subject to other diary and Parliamentary commitments.
At the end of 2005, there were 1,888 people in permanent employment in eighteen IDA assisted companies in the County. I note from the Live Register for September 2006 that the number of people on the Register in the Tralee area was 2,942. The figure for September 2005 was 2,820.
The Kerry Technology Park (KTP) is a Shannon Development initiative in co-operation with the Institute of Technology Tralee and in partnership with IDA Ireland, Tralee Urban District Council, Kerry County Council, and the private sector. There were 16 companies operating from the Park at the end of 2005, employing 220 people – an increase of 55 over 2004. This increase was spread across a number of companies, all of which operate in the knowledge based business sector, which is a positive outturn for the Tralee based technology park.
Shannon Development has recently approved a significant support package for two Kerry-based indigenous companies. This support will lead to increased research and development activity in both companies and will generate an additional 43 jobs at Kerry Technology Park over the next five years.
I am confident that the strategies and policies being pursued by the development agencies, together with the ongoing commitment of Government to regional development will bear fruit in terms of additional sustainable investment and jobs for the people of Tralee and the wider Kerry area.
26 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment his views on the fact that 1,000 jobs are being lost in the manufacturing sector per month, having declined by 31,000 jobs since 2000. [31652/06]
The July 2006 report which I commissioned from Forfás on the changing nature of the Irish manufacturing sector illustrates the complex performance of this sector in recent years. While CSO data indicates that both manufacturing output and merchandise export levels increased significantly between 2000 and 2005 (by 28.2% and 31.8% in volume terms respectively), the total number of persons employed in manufacturing in Ireland declined by approximately 31,000 over the same period. This trend suggests that strong productivity improvements have been achieved over the past 5/6 years in the Irish manufacturing sector.
Amongst other factors contributing to the decline in manufacturing employment in Ireland in recent years is the offshoring of lower value-added functions which is a reality of modern global manufacturing. This can occur because of increasing cost competitiveness in other locations or because firms need to gain more efficient access to vital markets. Productivity gains achieved through offshoring represent an opportunity to develop higher end manufacturing and related activities domestically, such as R&D, marketing and sales functions.
To put the decline in manufacturing employment in context, however, since 1997 over half a million new jobs have been created in Ireland. The losses in manufacturing have been more than offset by job creation in services where employment increased by over 400,000. Some 100,000 jobs were created in financial services and other business services while employment in the construction sector grew by 130,000.
It should also be noted that the latest CSO release on Industrial Employment (30 June 2006) indicated an increase of 2,400 in the numbers employed in manufacturing in the quarter ending March 2006 relative to the same period in 2005. The outlook for the sector remains positive –the NCB Purchasing Managers Index rose from 50.7 in June 2005 to 55.4 in June 2006 indicating further expected growth.
These trends in Irish manufacturing are in line with the gradual process of structural change that characterises economic development. Over the last two decades there has been a structural shift in the economic composition of developed economies. In the OECD countries, this has resulted in a decrease in the numbers employed in manufacturing with a concurrent rise in the number of jobs in services. This decline is not unique to the developed economies and is in fact a global phenomenon. ILO and UNIDO employment estimates show that manufacturing employment in some key non-OECD countries has also declined in these countries.
I am clear and support strongly the important role played by the Irish manufacturing sector. It is an important and integral part of the economy which provides inputs to other sectors of the economy and satisfies a broad range of final and intermediate demands.
High value manufacturing, in particular, is a key driver of innovation and technological advance. It increases opportunities for attracting and imbedding R&D activities, collaboration with the higher education sector and stimulating networks. In this context the enterprise development agencies will continue to pursue strategies to foster enterprise creation and assist existing companies with the transition to higher value, knowledge based activities that will provide long term sustainable employment for the future.
27 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment his assessment of food price rises during the course of 2006; and if he will make a statement on the matter. [31941/06]
160 Mr. Naughten asked the Minister for Enterprise, Trade and Employment his assessment of food price rises during the course of 2006; and if he will make a statement on the matter. [32164/06]
178 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the extent to which he has evidence to illustrate the degree to which prices rose or fell following the abolition of the groceries order; and if he will make a statement on the matter. [32382/06]
I propose to take Questions Nos. 27, 160 and 178 together.
I am aware that food prices have been fluctuating during the course of 2006. For example, recent CSO figures show that the prices of products previously covered by the Groceries Order fell by 0.5% in the five-month period from April to August. This is in contrast with a 0.3% increase in prices, for the same products, in the five-month period before the abolition of the Order.
However, while we are seeing a downward trend in some grocery prices, the Consumer Price Index also shows an increase in the price of fresh meat and fish, products which were not covered by the Groceries Order.
The Order was in place for 18 years and, in that time, it fundamentally altered the structure and composition of the grocery trade. It was abolished primarily because it allowed wholesalers and suppliers to determine minimum retail prices charged to consumers, thereby seriously constraining competition in the market.
I have always maintained that we should not expect to see fundamental changes in the sector in the short term following the abolition of the Order. This is because there are many factors which impact on prices of groceries in our shops. The lack of competition caused by the Groceries Order was only one such factor. Other factors include production costs, labour costs, interest rates, overheads, international exchange rates and so on.
Having said that, the implementation by one multiple of reductions in the price of thousands of products previously covered by the Order appears to have had a positive impact on competition in the market with other significant players adopting competitive pricing strategies. So while I believe that consumers are seeing some early benefits with these price reductions, I expect that the real benefits will only be felt over time as price competition increases at retail level.
28 Mr. Noonan asked the Minister for Enterprise, Trade and Employment the nature of his Department’s input into the Government’s Green Paper on energy; and if he will make a statement on the matter. [31923/06]
My Department has a particular interest in the impact of energy policy on the competitiveness of the enterprise sector, consumers and security of supply. In the longer term I am also interested in the role which energy research in science, technology and innovation can play in helping to grow the economy in a sustainable manner. Together with the Development Agencies, my Department will continue to engage with the Department of Communications, Marine and Natural Resources on these issues during the consultation period on the Green Paper.
In addition to ongoing contacts between my Department and the Department of Communications Marine and Natural Resources, Forfás, which comes under the aegis of my Department, has carried out research and published reports to help inform the process. These reports covered such topics as our dependency on oil and fossil fuels and electricity benchmarking. My Department also published a report on the electricity market that formed an input to the Energy Green Paper.
29 Mr. Kenny asked the Minister for Enterprise, Trade and Employment his views on the reason nine of the EU15 rank higher in the World Economic Forum’s Global Competitiveness league table; and if he will make a statement on the matter. [31925/06]
69 Mr. Neville asked the Minister for Enterprise, Trade and Employment the reason Ireland failed to move up from its 21st position in the latest World Economic Forum’s Global Competitiveness Report; and if he will make a statement on the matter. [31924/06]
I propose to takes Questions Nos. 29 and 69 together.
International indicators of competitiveness are produced by a number of international organisations. Many of these are based on a combination of survey and statistical data and they give us broad pointers to competitiveness and where we stand vis a vis other countries. In 2004 the World Economic Forum placed Ireland 26th in its international competitiveness league a rise of four places on the previous year. We were 30th in 2003. Subsequent changes to its ranking methodology places Ireland in 21st position out of 125 economies in 2006, the same position as in 2005. This is a significant achievement given that some of our competitors slipped in their ranking.
What is important, however, is the trend in competitiveness over time and in this regard we are making steady progress. The IMD which also compiles an international competitiveness ranking positioned Ireland as the 11th. most competitive economy in 2006, up one place since 2005. In relation to rankings provided by the World Bank, I note that Ireland is ranked as the 10th. easiest place in which to do business, while the Global Entrepreneurship Monitor ranks Ireland as the best place in the EU for entrepreneurship.
Competitiveness has many dimensions. As the National Competitiveness Council points out, we cannot excel in every indicator and nor should we try. What counts ultimately is our ability to grow our economy, create jobs for our citizens, improved prosperity and general quality of life. We have done this successfully over the past 15 years.
30 Ms Burton asked the Minister for Enterprise, Trade and Employment the number of requests under the Freedom of Information Acts received by his Department in each year from 2002 to 2005 and to date in 2006; the amount of money received in request fees for each year; the amount of money received in information retrieval fees for each year; the percentage of requests coming from journalists in each year; the percentage of retrieval fees that were charged to journalists rather than members of the public; the percentage of requests from journalists for which a retrieval fee was charged; the percentage of requests from members of the public for which a retrieval fee was charged; and if he will make a statement on the matter. [32058/06]
The number of requests under the Freedom of Information Acts received by my Department in each year from 2002 to 2005 was 204, 153, 62 and 86 respectively. The number of requests received in the first nine months of 2006 was 63.
The amount of money received in up-front request fees for each year between 2003 and 2005 was €285, €585 and €750 respectively. Up-front fees did not apply in 2002, so no such fees were collected in that year. The amount of up-front fees collected in the first 9 months of 2006 was €495.
The amount of money received in respect of search (information retrieval) fees between 2002 and 2005 was €892.76, €616.91, €241.50 and €429.50 respectively. The amount of money received in respect of search fees in the first 9 months of 2006 was €370.92.
The percentage of requests coming from journalists in each of the years between 2002 and 2005 was 38%, 35%, 34% and 45% respectively. The percentage of requests coming from journalists in the first 9 months of 2006 was 24%.
The percentage of retrieval fees that were charged to journalists rather than members of the public between 2002 and 2005 was 58.5%, 68%, 39.8%, and 84%. The equivalent figure for the first 9 months of 2006 is 19.3%.
The percentage of requests from journalists for which a search fee was charged between 2002 and 2005 was 14.2%, 22.6%, 19.0%, and 20.5% respectively. The equivalent figure for the first 9 months of 2006 is 26.6%.
The percentage of requests from members of the public for which a search fee was charged between 2002 and 2005 was 5.1%, 6.3%, 13.5% and 6.9%. The equivalent figure for the first 9 months of 2006 is 28.5%. Members of the public would not be considered to include staff members of the Department or Members of the Oireachtas, each of whom account for a small number of requests.
It should be noted that there is no obligation under the Freedom of Information Act for requesters to identify themselves as journalists or to give any other reason for making a request.
In addition, it should be noted that the Freedom of Information Act obliges decision makers (save in a few limited circumstances) to charge search and retrieval fees where significant search and retrieval of records is involved. The decision to charge a search fee is therefore not a discretionary one, and arises from the scope of a request.
31 Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment when a Bill to regulate Irish weapons exports will be introduced and the resources he will allocate for the implementation and enforcement of any new Bill’s provisions. [31653/06]
The Government approved the General Scheme of the Control of Exports Bill on 19 July. The Bill is currently with the Parliamentary Counsel's Office for drafting and I expect it to be published by the end of this year.
The proposed Bill will update the provisions of the existing Control of Exports Act, which dates from 1983, and will bring Ireland into line with best international practice.
My Department cooperates closely with other Government Departments, in particular the Department of Foreign Affairs and the Revenue Commissioners, to ensure that exporting companies are in full compliance with Ireland's export control system. We also work closely with the exporting companies themselves to keep them informed of all new developments, including the introduction of new legislation, and to promote effective internal compliance procedures.
32 Mr. Deenihan asked the Minister for Enterprise, Trade and Employment his view of the status of the World Trade Talks; and if he will make a statement on the matter. [31920/06]
64 Mr. Broughan asked the Minister for Enterprise, Trade and Employment if he will report on the situation of the World Trade Organisation talks; his expectations for the next developments in relation to the possible resumption of talks; and if he will make a statement on the matter. [32057/06]
I propose to take Questions Nos. 32 and 64 together.
I am disappointed that efforts, in Geneva, to advance the WTO Doha Trade negotiations were not successful and that the talks were suspended. I remain hopeful that the negotiations will be resumed in an effort to achieve a worthwhile and balanced agreement.
The European Union made very substantial offers on all of the issues under negotiation and could not have gone any further in its efforts to get agreement. The Government strongly supports a balanced and ambitious WTO agreement, one which takes into account the interests of all the participants, developing and developed countries, farmers and industrialists. A well-regulated global trading environment, with a strong WTO, is in everybody's interests and a small open economy like Ireland has much to gain from a well-ordered rules-based world trading system.
33 Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Employment the plans he has to ratify the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families; and if he will make a statement on the matter. [31644/06]
179 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment when the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families will be ratified; and if he will make a statement on the matter. [32383/06]
I propose to take Questions Nos. 33 and 179 together.
Ireland is not a party to the UN Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, which was adopted by the UN General Assembly in December 1990. Nor has Ireland ratified this Convention. No other Member States of the European Union have signed or ratified this Convention either.
This Convention is a complex cross-cutting one, which has been examined by several Government Departments. I understand that before Ireland could consider ratifying it there would need to be significant changes across a wide range of existing legislation, including employment, social welfare, education, taxation and electoral law.
Many of the issues addressed by the Convention would have a European Union dimension and this would also complicate any proposed ratification by Ireland of it, if our European partners were to continue to refrain from ratification, as they seem likely to do. In this context there are no plans to ratify this Convention.
But this does not signify that I am not committed to many of the ideals and aspirations which the Convention tried to further. In particular, I am fully committed to the prevention of exploitation of migrant workers and to ensuring that all workers benefit from the full range of our employment rights protections.
In this respect I would point out that this range of protections has been added to by the Employment Permits Act 2006, which was signed by the President on 23rd June 2006. It provides a number of new important protections for migrant workers including:
the granting of the employment permit to the employee, rather than the employer
the employment permit containing a statement of the rights and entitlements of the migrant worker, including that the employee may change employment through the application for another permit by a new employer.
I would also emphasise that the new Social Partnership agreement "Towards 2016" contains a new employment rights compliance package for all workers, which includes new legislation as well as the establishment of a new Office for Employment Rights Compliance.
34 Mr. Perry asked the Minister for Enterprise, Trade and Employment the steps he is taking to reduce the burden of red tape on small business; and if he will make a statement on the matter. [31932/06]
88 Ms McManus asked the Minister for Enterprise, Trade and Employment the position regarding the work of the Business Consultation Forum; when the BCF is expected to make a report; and if he will make a statement on the matter. [32049/06]
166 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the progress made by the Business Regulation Forum; and if he will make a statement on the matter. [32208/06]
I propose to take Questions Nos. 34, 88 and 166 together.
The Business Regulation Forum was established by me in November 2005 and has met nine times to date. Its Terms of Reference are to advise the Minister for Enterprise, Trade and Employment on any changes necessary to ensure that existing or proposed regulations, impacting on business, meet the criteria set out in the White Paper "Regulating Better".
The Forum has initiated a number of actions, as follows, designed to give "hard intelligence" about regulations affecting the business sector, the perceptions of the sector and the burdens imposed:
The Forum is examining 40 submissions that it received in response to a public call.
A consultant has been contracted to map the main regulations that impinge on six selected companies.
A pilot study has been commissioned to measure the administrative cost to business of providing the annual return to the Companies Registration Office and of legislation regarding labelling.
I understand that the Forum intends to issue a Report to me before the end of 2006 based on their consideration of the activities outlined above.
In addition to the work of the Business Regulation Forum my Department, as well as other relevant Departments and Agencies, is following up on the recommendations of the Small Business Forum, which included measures to address the administrative burden on small business. In this regard legislation is currently before the Oireachtas, to raise the audit exemption thresholds applying to small companies in respect to turnover and balance sheet to €7.3m and €3.65m. respectively. The existing thresholds are €1.5 and €1.9 million respectively. This will remove the compulsory annual audit costs from the very large number of companies qualifying from the enhanced exemption level.
The Company Law Review Group (CLRG) has almost finalised its work on the preparation of the General Scheme of the Heads of the Companies Consolidation and Reform Bill and I understand that it expects to report on its recommendations shortly. The Bill will introduce a greatly simplified legal framework for corporate activity.
35 Mr. G. Mitchell asked the Minister for Enterprise, Trade and Employment his views on whether there is value in providing subsidies towards English language instruction for foreign nationals working here; and if he will make a statement on the matter. [31917/06]
Neither my Department nor the bodies under its aegis have primary responsibility for the delivery of English language instruction. My Department does not have any plans to provide subsidies towards English language instruction.
However, as part of its responsibilities for training, FÁS is currently in the process of developing training materials to assist migrant workers who have language difficulties. This material will be in the form of two generic courses of ninety hours in duration, pitched at two levels. FÁS is also in the process of developing English Language courses for three specific work disciplines (Construction, Security and Hospitality). All of these courses, if completed satisfactorily, will lead to a FETAC Special Purpose Award.
Through the FÁS ‘Skills for Work programme', which aims to provide for the basic education needs of workers in low skilled employment, a technical English programme (Steps to Safety) is provided in order to improve communication, especially regarding the safety of workers in the workplace.High value manufacturing, in particular, is a key driver of innovation and technological advance. It increases opportunities for attracting and imbedding R&D activities, collaboration with the higher education sector and stimulating networks. In this context the enterprise development agencies will continue to pursue strategies to foster enterprise creation and assist existing companies with the transition to higher value, knowledge based activities that will provide long term sustainable employment for the future.
36 Mr. English asked the Minister for Enterprise, Trade and Employment the steps he will take to bring alternative employment to Ballivor, County Meath following the closure of the NEC plant there; and if he will make a statement on the matter. [31913/06]
Finding alternative employment for the workers in question is a priority for the State Development agencies and, last week, myself and the Minister for Communications, Marine and Natural Resources met with a representative group from Ballivor, including some former workers, and outlined ongoing developments and stressed the priority efforts being made in Ballivor.
The Industrial Training agency FÁS has briefed all staff on the range of services available to them and many of them continue to participate in the various programmes run by the agency. Since the announcement of the job losses, Enterprise Ireland has participated at a number of meetings with the company concerned, outlining the various types of assistance that are available. In conjunction with Meath County Enterprise Board, Enterprise Ireland is participating in a series of workshops, which started in July 2006. These workshops concern Ideas Generation and how to Start Your Own Business. These courses are on going.
A major financial services project which will provide 700 jobs over 5 years was recently announced for Navan and this will be of significant benefit to County Meath as a whole. Notwithstanding this, IDA Ireland continues to promote Ballivor as a priority location within the County and is actively promoting the facility in question for new investment. To date, three potential investors have been introduced to the management of the existing facility. I am aware that the State Development agencies have strengthened their marketing efforts in County Meath, in partnership with local interests, in order to increase job opportunities for Ballivor and the surrounding area.
37 Mr. Penrose asked the Minister for Enterprise, Trade and Employment the location he proposes for the headquarters of the new Office of the Director of Employment Law Enforcement; the number of staff that will be allocated to it; the budget that will be allocated; the process to be used for identifying its director; and if he will make a statement on the matter. [32062/06]
55 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment if the present 31 labour inspectors is sufficient allocation for a migrant workforce that is now approaching almost 200,000 and which will significantly increase in 2007 in view of the predicted net immigration of 55,000 people. [31657/06]
86 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the progress to date in strengthening the labour inspectorate; and if he will make a statement on the matter. [31912/06]
97 Mr. Stagg asked the Minister for Enterprise, Trade and Employment the progress to date in the recruitment of the additional labour inspectors promised for 2006; the problems which have been encountered during recruitment; when he expects the labour inspectorate to be fully staffed; and if he will make a statement on the matter. [32036/06]
I propose to take Questions Nos. 37, 55, 86 and 97 together.
The existing staff complement of the Labour Inspectorate of the Department comprises 31 Inspectors and some 7 administrative support staff.
As the Deputies will be aware, the Social Partnership Agreement "Towards 2016" sets out a number of commitments with regard to employment standards and compliance including a commitment to establish an Office of the Director for Employment Rights Compliance (ODERC). This Office, which will also assume the functions of the Labour Inspectorate, will be established through the enactment of primary legislation, to be published next year, and will be led by a Director at senior management level. While the Office will retain a presence in Dublin there will be a regionalised structure with the headquarters earmarked for location in Carlow. No specific budget has been allocated to date for the ODERC. Negotiations with the Department of Finance in this regard are proceeding in the context of the 2007 Estimates process with a view to finalising a budget allocation in time for publication of the Pre-Budget Estimates in November this year.
The number of Labour Inspectors under this Office will be progressively increased from 31 to 90 by end-2007, as part of the initiative provided in "Towards 2016" to increase the staffing resources of the Employment Rights Bodies generally. In addition to the Labour Inspectorate the new Office will also have responsibility for the provision of employment rights information and for prosecutions. It will be provided with legal, accounting and other administrative support to ensure its effective functioning.
I am pleased to say that the position of Director of the ODERC has been advertised by the Public Appointments Service. The closing date for applications is 26 October. The selection process for this competition may include the shortlisting of candidates, a preliminary interview and a competitive interview.
The Legal Advisor and Accountant positions within the ODERC will be advertised this week by the Public Appointments Service while arrangements in respect of the filling of other senior management positions within the ODERC are proceeding in the context of the Decentralisation Central Applications Facility.
My Department is in consultation with the Department of Finance in relation to the filling of some 60 new Labour Inspector positions. No difficulties in relation to the proposed filling of these positions have been encountered and I expect that the necessary competitions to fill these positions will be progressed satisfactorily.
38 Mr. McGinley asked the Minister for Enterprise, Trade and Employment if the Government intends to act on the advice of the National Irish Safety Organisation to introduce an offence of corporate manslaughter; and if he will make a statement on the matter. [31914/06]
Section 80 of the Safety, Health and Welfare at Work Act, 2005 provides for individual responsibility by directors, managers or other similar officers of an undertaking. It provides that they be held responsible before the courts for any act that may constitute an offence under the 2005 Act or other relevant statutory provisions which may be attributable to connivance or neglect or was authorised or consented to by them. This statutory provision meets the recommendations of the Law Reform Commission on corporate killing in so far as occupational safety, health and welfare is concerned.
However, in so far as the recommendations of the Commission refer to the wider area than occupational safety, health and welfare, this matter was referred to the Office of the Attorney General at the time of the drafting of the Bill which was enacted as the Safety, Health and Welfare at Work Act, 2005. The Attorney General was of the opinion that there were much broader issues then safety, health and welfare at work relating to the overall criminal justice system which needed to be considered, as legislating in the relatively confined area of occupational safety and health would omit other sectors where such an offence could be committed. Therefore it was decided that it was not appropriate to deal with the wider issue of corporate killing in legislation which was providing for the law and regulation of occupational safety, health and welfare.
The Law Reform Commission accepted the Attorney General's office view that the scope of the 2005 Act was narrower than the proposed offence recommended by it in its report.
The matter of consideration of the wider effect of the recommendations in the report of the Law Reform Commission is one for the Minister for Justice, Equality and Law Reform in the context of his main responsibilities for the criminal law system.
39 Mr. G. Murphy asked the Minister for Enterprise, Trade and Employment if the liquidation of IFI has been completed; and if he will make a statement on the matter. [31910/06]
The liquidation of IFI is still ongoing. However, I understand that the liquidator has made considerable progress in realising the assets of the company and establishing the full extent of its liabilities. At this stage, the assets of the company have all been realised.
It is understood that all claims from secured and preferential creditors have been paid at this stage, while a second interim payment was made to unsecured creditors in May bringing the total payments to unsecured creditors up to 37.5% of their claims. A small number of claims remain to be determined and the prospects for any further dividends will depend on the outcome of these remaining issues. I should, of course, stress that the determination of any payments due to creditors of IFI is a matter solely for the liquidator.
40 Mr. Sargent asked the Minister for Enterprise, Trade and Employment the financial assistance involved in his Department’s sponsorship of the five year expansion programme of a company (details supplied); the reasons for the sponsorship; and the estimated return to the State on that investment. [31663/06]
On 31 August, 2006, I announced the creation of 1,000 jobs by the company in question to support its international development. Up to 700 of these jobs will be located at a new facility in Navan, Co. Meath and the remainder will be created at the company's existing Irish operations in Cavan and Blanchardstown.
The overall investment is being supported by Enterprise Ireland and is line with the agency's mission to assist the growth of innovative Irish business that can achieve significant scale globally. The details of the funding support approved are commercially sensitive. However, actual payments will only be made as the company implements its investment and jobs are created. The agency will, of course, make the details of such payments available through its Annual Report as they occur.
The nature of this type of investment and its size will provide continuing benefits well into the future both to the local communities, the broader region and at a national level. Many of the benefits will be very tangible in nature. For example, the creation of new jobs will lead to enhanced employment opportunities for local people that will have positive implications both economically and socially. Additional resources will result for the Exchequer in terms of increased income tax and corporation tax takes. The jobs created and a fall in unemployment in the particular locality may also lead to a saving in social welfare provisions.
Other benefits are more intangible. These can be critical for the local economy and include sub-supply opportunities for firms in the immediate locality. In essence the investment will have a multiplier effect providing for a thriving and diverse local enterprise base that directly and indirectly supports the projects. Such projects can also act as an incentive for other companies to establish in the regions concerned.
The benefits accruing could potentially be self generating for many years and ensure long-term sustainable economic development. Enterprise Ireland undertakes a comprehensive appraisal of projects from companies that seek funding. Over time, the return to the State for the investment in the project will be a combination of a number of items including income tax, corporation tax and spend in the economy that subsequently accrue.
41 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment if he will provide additional funding to efficient county enterprise boards; and if he will make a statement on the matter. [31936/06]
100 Mr. Timmins asked the Minister for Enterprise, Trade and Employment if he is satisfied that State funding for county enterprise boards is sufficient for them to carry out their remit; and if he will make a statement on the matter. [31937/06]
I propose to take Questions Nos. 41 and 100 together.
I have provided funding of more than €30m to the County and City Enterprise Boards this year. This represents an increase of nearly 8% on the allocation provided in 2005. In addition to the Exchequer funding provided, the CEBs have an increasing flow of funds available to them from repayments of refundable grants provided in earlier years. It is estimated that some €3m has been available to the CEBs in 2006 from this source.
I believe that the level of funding available to the CEBs is adequate and appropriate at this time and that it enables all CEBs to fulfil their function and their remit in maximizing entrepreneurial development in the micro-enterprise sector throughout the country. The CEBs play an extremely important role in the development of indigenous enterprise in Ireland and it is my intention that an appropriate level of financial support for all CEBs will continue to be made available. I am confident that the level of funding available is sufficient to enable any CEB support any good quality projects that may present.
In determining the allocations for individual CEBs, my Department adopts a systematic approach to ensure the maximum degree of objectivity and equity of treatment. This approach involves the provision of funding on the basis of a standard initial allocation to each CEB as well as an additional allocation that is determined mainly by population but which also takes account of issues such as local unemployment trends, capacity to spend, existing commitments and regional spread. Furthermore, my Department works closely with the CEBs throughout the year to ensure that the available funding is utilised to the maximum extent possible. This can involve funds being reallocated from Boards that are not in a position to spend their full allocations to Boards that have a demand for additional funding. This exercise is taking place at present as Boards are now in a better position to determine actual requirements to year-end.
42 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment the situation in regard to a company (details supplied); the agents or agencies currently investigating this matter; the approximate timetable for these investigations; the date on which his attention was first drawn to this case; the agent or agency that brought it to his attention; if legislation, either primary or secondary, is being drafted to prevent this practice from being used by other companies; and if he will make a statement on the matter. [32043/06]
I understand that a report under the provisions of section 56 of the Company Law Enforcement Act 2001 has been provided by the liquidator of the company concerned to the Director of Corporate Enforcement. The issue of what further action arising from the report is a matter for the Director.
With regard to the matter of monies owed to the employees of this company, the Employment Rights Section of my Department have referred this case to the Employment Appeals Tribunal under Section 9(3) of the Protection of Employees (Employers' Insolvency) Act 1984 for a decision on the matter.
The Insolvency Payments Section of my Department has received applications from the liquidator of the company in early May on behalf of approximately 150 employees for payment of arrears of wages and other entitlements from the Social Insurance Fund under the Insolvency Payments Scheme. However the circumstances of the liquidation gave rise to a doubt as to whether the debts due to the employees are payable under the Scheme, or whether a transfer of undertakings within the meaning of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 has taken place, in which case those debts might have been transferred to and be payable by their new employer. The Redundancy Section has claims from 21 employees for redundancy payments, and these are also being held pending the decision of the Tribunal.
The case was referred to the Employment Appeals Tribunal on the 29th June 2006 for a decision and the hearing is scheduled for 14th December 2006.
I understand that the matter first came to the attention of my Department in May 2006. Business failure is an unfortunate fact of life. However, the changes introduced in Irish company law, Part 5 of the 2001 Act in particular, are intended to address problems and issues connected with business failure, including what has been referred to as the "phoenix syndrome". Company law is also under continuing review, particularly through the work of the Company Law Review Group.
43 Mr. Penrose asked the Minister for Enterprise, Trade and Employment his proposals relating to the opening of the labour market to citizens of Bulgaria and Romania on their accession to the European Union; the meetings he has had with representatives of the British Government on this matter and its potential effects on the free travel area between the United Kingdom and Ireland; the outcome of each of these meetings; the timetable for the complete opening of free movement of people and labour from Bulgaria and Romania to Ireland; and if he will make a statement on the matter. [32052/06]
76 Mr. S. Ryan asked the Minister for Enterprise, Trade and Employment the economic reason for not allowing citizens of Bulgaria and Romania access to the labour market here; and if he will make a statement on the matter. [32053/06]
84 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment if he will act upon the recommendations of the National Economic and Social Council and develop an explicit policy statement to guide employers and the social partners on immigration; and the consultation he has had with his British counterparts on the labour rights to be granted to Bulgaria and Romania upon their accession to the EU. [31658/06]
I propose to take Questions Nos. 43, 76 and 84 together.
The EU Commission's report of 26 September 2006 stated that Bulgaria and Romania will be in a position to join the EU on 1st January 2007, provided that these countries address a number of outstanding issues. The Council of EU Foreign Ministers will decide at their meeting on 16 October whether accession should go ahead on 1st January 2007.
The Treaties of Accession provide for transitional arrangements as follows:
Phase 1: 2007-2008 Member States shall apply national measures for the 2 years following accession, which means that they may decide to liberalise access to their labour market or continue to require nationals of Bulgaria and Romania to hold employment permits.
Phase 2: 2009-2011 Member States must notify the Commission before end 2008 whether they plan to continue any restrictions for a further 3 years or not.
Phase 3: 2012-2013 In principle, transitional measures restricting access should cease to be applied at the end of the Phase 2 (31 December, 2011) but a Member State, in cases of serious disturbances of its labour market or threat thereof and having notified the Commission, may continue to apply restrictions for a further 2 years.
The Government will make a decision with regard to access to the Irish labour market of nationals of Bulgaria and Romania before the date of Accession, after consultations with the Social Partners. Contacts with the United Kingdom on the issue are continuing.
May I remind Deputies that the Employment Permits Act 2006, which was signed by the President in June 2006, provides the legal basis for three options. These options are that nationals of Bulgaria and Romania who wish to participate in the Irish labour market during the first two years of transition:
(i) continue to require work permits with the current requirement for a labour market test to establish that the positions cannot be filled from within the European Economic Area, or
(ii) be granted work permits on foot of a job offer without a labour market test, or
(iii) be allowed to participate without any requirement for a work permit.
Issues to be considered when making the decision will include the circumstances of the Irish, Bulgarian and Romanian labour markets. Other issues to be considered include other Member States intentions — and in particular those of the United Kingdom, foreign relations issues, social welfare entitlements, the integration of migrants and the views of the Social Partners.
The Common Travel Area does not affect the issue of labour market participation but rather relates to the free movement of persons for purposes other than employment, such as tourism.
In relation to the National Economic and Social Council Report entitled "Migration Policy" and my role in relation to economic migration policy I would point out that I made a detailed statement to this House on the scope and direction of the new economic migration arrangements for labour market participation by workers from outside the European Economic Area during my opening address on the Second Stage of the Employment Permits Act 2006 on 12th October 2005. These arragements will comprise:
a Green Card for occupations where there are skills shortages, which will be for a restricted list of occupations in the annual salary range from €30,000 to €60,000 and for a more extensive list of occupations in the annual salary range above €60,000;
for other occupations work permits will only be granted where it can be demonstrated, following a rigorous labour market test, that suitable employees are not available within the EEA;
the grant and issue in all cases of the employment permit or Green Card to the employee;
a re-established Intra-Company transfer scheme for temporary transnational management transfers.
I expect to have these new arrangements fully operational by 2007.
44 Mr. Allen asked the Minister for Enterprise, Trade and Employment the progress to date in the implementation of the Strategy for Science, Technology and Innovation 2006 to 2013; and if he will make a statement on the matter. [31909/06]
The Government's Strategy for STI 2006-13 was launched by the Taoiseach and myself on 18 June this year, together with my Ministerial colleagues from the Departments of Finance, Health, Education and Agriculture, indicative of the whole of government approach to STI issues which underpins this Strategy.
The Strategy is a product of the work of the eight-member Interdepartmental Committee on STI, chaired by my Department, which receives its policy direction from the Cabinet Subcommittee on STI, which I chair.
On 26 July, I addressed over a hundred key stakeholders and gave them a detailed presentation on the Strategy, which was followed by a wide-ranging discussion of the challenges ahead. The Strategy has been widely welcomed by those involved in the STI arena.
In terms of implementation, the central policy and oversight roles of the Cabinet Subcommittee and IDC are being maintained. In addition, the Strategy set out a range of new implementation mechanisms, chief among which are Technology Ireland and the Higher Education Research Group. Technology Ireland, which is led by my own Department, has been established and brings together the Department's agencies responsible for research and commercialisation, namely; Enterprise Ireland, Industrial Development Agency, Science Foundation Ireland and Forfás. Technology Ireland is now taking forward key initiatives proposed in the Strategy including the streamlining of enterprises research grant supports and development of a call for proposals for Competence Centres. In addition, the competition to select a new Chief Scientific Advisor is well underway and will be concluded in November.
The Higher Education Research Group, which is being established by my colleague the Minister for Education & Science, will include the Departments and agencies responsible for research funding in the HE sector. Arrangements are also being put in place to ensure regular interaction between these two groups and the public sector research performers, to ensure coherence and a concerted delivery of the Strategy's objectives.
As was stated at the launch of the Strategy by my colleague the Minister for Finance, the initial €192m euro resources necessary to implement the Strategy immediately (amounting to €192m — €66m in 2007 & €126m in 2008), has already been committed and will be provided for in the Estimates and adjusted Capital Envelopes. This additional funding will be used exclusively to implement key elements of the Strategy. The distribution of the further resources required will be decided by Government in the context of the NDP, of which the Strategy will be a core component.
45 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the plans he has to fully implement the report of the Expert Advisory Group on Workplace Bullying. [31647/06]
The Report of the Expert Advisory Group on Workplace Bullying was launched and published by me on the 17th August 2005 and it follows on from a 2001 Report by the Taskforce on the Prevention of Workplace Bullying. The recommendations of the 2001 Taskforce were implemented.
One of the recommendations in the 2005 Report of the Expert Advisory Group was that a follow up survey on workplace bullying, similar to that commissioned for the 2001 report, be conducted as soon as practicable to establish a baseline from which the effectiveness of the new structures and processes would be measured. The Department has commissioned the ESRI to carry out this survey.
I have already given a commitment to publish the results of the survey and to bring the results to Government along with the Report and the views of the Social Partners and other interested parties. The Government will then decide on how best to implement the Report's Recommendations.
In the meantime, I have asked the Health and Safety Authority to update the 2002 Code of Practice on Workplace Bullying (one of the recommendations of the 2001 Report) and bring it in line with the 2005 Safety, Health and Welfare at Work Act.
46 Ms O. Mitchell asked the Minister for Enterprise, Trade and Employment the action he intends to take to bring replacement jobs to Wilton, County Cork following the loss of 172 jobs at Roches Stores; and if he will make a statement on the matter. [31916/06]
In relation to the 172 jobs in question, I would like the parties concerned to renew their negotiations in order to reach an agreement which would prevent the loss of the jobs. I have spoken on a ongoing basis to both sides in an effort to facilitate a resolution of the issue.
The Industrial Development agencies are continuing to promote Cork for employment opportunities. The strategy of IDA Ireland to create employment in Cork is to progress the development of a knowledge economy, so that the City can compete both nationally and internationally for foreign direct investment. The agency is also working with its existing client base to expand their presence in Cork as well as providing modern property solutions with supporting infrastructure in the area. New investment announcements made this year include Amgen, Citco, Netgear, Pepsi and Amazon, and AIB/Bank of New York. There were also a number of job announcements for the City and County at the end of last year.
Enterprise Ireland is also actively involved in assisting its client companies to grow and expand their businesses. So far this year, Enterprise Ireland has made payments in excess of €5 million to its client companies in County Cork. Since the beginning of 2005 to date, Enterprise Ireland has made payments of over €13 million to its client companies in the County. This investment (which included Rubicon Centre C.I.T, Websites and National Software Centre) was primarily to support new business employment, as well as research and development, capital investment and staff training.
I am confident that the Industrial Development agencies, including the County Enterprise Board, will continue to bring sustainable investment and job opportunities to the Cork region in the foreseeable future.
47 Mr. Connaughton asked the Minister for Enterprise, Trade and Employment his views on whether rising import prices in the manufacturing sector threaten the recent limited growth in the sector; and if he will make a statement on the matter. [31918/06]
The recent rise in prices for manufacturing industry imported inputs is partly caused by increasing oil prices. The increasing price of oil, of course, must be paid for by manufacturers the world over, so this does not place Ireland at a particular competitiveness disadvantage.
The issue of cost competitiveness and the health of manufacturing depends on a much wider array of issues, from the availability of suitable skills to the impact of higher wage costs. The difficulties being faced by some manufacturing sectors in Ireland is mainly due to shifting patterns of international comparative advantage and the process of structural change, with capital and labour resources tied up in declining firms and industries being allocated to other ‘higher value-added' activities more suited to the new, higher cost, Irish operating environment.
The Irish manufacturing sector has been a key component of the Irish economy over the last two decades and it will continue to be a significant contributor to exports, employment and economic growth in the future.
To assist industry to maintain competitiveness and increase productivity, the economic development agencies are working on an ongoing basis, to promote the adoption of new technology and best practice at company level. The agencies aim to support sustainable, high value added enterprise in Ireland through the provision of mentoring and developmental supports, the enhancement of management capabilities and critical workforce skills in client companies, support for the creation and implementation of strategies for market entry, development and growth, and strong supports for innovation and for research and development.
48 Mr. S. Ryan asked the Minister for Enterprise, Trade and Employment if he will report on the work to date in 2006 of the Office of the Director of Consumer Affairs; if he is satisfied that adequate funding and staff have been allocated; the plans of the ODCA for the remainder of 2006; and if he will make a statement on the matter. [32066/06]
The Director of Consumer Affairs is a statutory office holder and under Section 9(5) of the Consumer Information Act 1978 is independent in the exercise of her duties. The work programme of the Director's Office is a day to day matter for the Director herself and I have no direct function in this regard.
The Office of the Director of Consumer Affairs continues to carry out an important role in relation to protecting consumers and particularly so in relation to the enforcement of consumer protection laws. A total of €4.289m was allocated by my Department to fund the activities of the Office of the Director of Consumer Affairs in 2006. This represents an increase of 3.7% on the €4.137m in funding provided to the Director's office in 2005. I am satisfied that the Office has all the necessary resources to enable it to carry out its statutory functions to the best extent possible.
49 Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Employment the plans he has to enact statutory powers to the Construction Industry Monitoring Agency to enforce compliance with the construction industry’s mandatory pension scheme. [31645/06]
The Construction Federation Operatives Pension Scheme (generally referred to as CFOPS) has been established on foot of a Registered Employment Agreement for the Construction Industry. The terms of the agreement apply to a range of categories of workers in the industry.
The Construction Industry Monitoring Agency was formed in 1989 under an agreement between the employers and Trade Unions in the Construction Industry. The main objectives of the Agency are to address the dual issues of non-compliance with the terms of the Registered Employment Agreement governing pensions and sick pay and the black economy within the Industry.
Enforcement of compliance with the CFOPS is a matter primarily for the Labour Court. In pursuing the matter the Labour Court can be assisted by the Labour Inspectorate. Acting on specific information from the Court, the employment records of an employer will be examined by an Inspector and any relevant information gathered is communicated back to the Court subsequently.
The Social Partnership Agreement "Towards 2016" sets out a number of commitments with regard to employment standards and compliance, including a commitment to establish an Office of the Director of Employment Rights Compliance (ODERC) and to effect greater co-ordination between organisations concerned with employment rights compliance, with a view to realising the considerable potential for synergy that exists in this area. The ODERC will develop an ongoing structured dialogue with all parties to the agreement, so that building on close co-operation, a comprehensive and responsive system of compliance and enforcement can be developed. It will be open to the parties to the agreement to provide for this dialogue in memoranda of understanding to be agreed bilaterally with the new Office. Officials of my Department are in the process of preparing legislation to implement the commitments contained in "Towards 2016".
50 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment if he will use the formal review of the Economic Partnership Agreement; if he will use his influence in Europe to stop attempts by the European Commission to pressure ACP regions to accept reciprocal free-trade agreements to stop the forcing of the Singapore issues and encourage the exploration of alternative trade agreements. [31659/06]
As Minister for Trade and Commerce, I fully support the basic thrust of an approach to Economic Partnership Agreements which ensures that the needs and concerns of developing countries and in particular least developed countries are taken adequately into consideration during the substantive phase of EPA negotiations.
As regards the formal review, based on Article 37.4 of the Cotonou Agreement, the intention is that this joint review by both EU and ACP should assess the progress made and means needed to conclude the negotiations in time. It was never the intention that the joint assessment should interfere with, or takeover from, the time needed to conduct the substance of the EPA negotiations.
The EPA will remove tariffs on EU goods and make trade between the EU and ACP easier for both imports and exports of goods and services. This will happen very gradually and with enough flexibility to protect sensitive industry and safeguard mechanisms to account for unforeseen problems. The EU has no offensive interests here. Its aim in the negotiation is sustainable development of ACP countries and regions. The liberalisation process will be carefully managed with transition periods and coverage that is compatible with social and economic constraints while also ensuring legal certainty under WTO rules.
Regarding alternative trade agreements, the Commission and EU Member States do not believe that there is a legally feasible alternative that offers anywhere near the same benefits as EPAs. The strength of EPAs is in the links between support for reform and trade policy, through the interaction between and the co-ordination of, new trade rules (including in relation to encouraging investment), regional integration, development assistance, and trade liberalisation. Alternatives were discussed extensively in the Cotonou negotiations and despite recent discussion there is no new proposal emerging. Nevertheless, Member States and the Commission will keep an open mind and will examine all proposals made by the ACP.
51 Mr. Ferris asked the Minister for Enterprise, Trade and Employment the proposals he has to curb the actions of employers and companies who consistently breach health and safety law. [31649/06]
In the last year the Oireachtas has enacted the Safety, Health and Welfare at Work Act 2005 which updates and amends the provisions of previous legislation. The Act is a result of the first major review of occupational health and safety since the 1980s which, inter alia, led to the setting-up of the Health and Safety Authority. The Act provides a modern legal framework to guarantee best international practice in regard to health and safety in the Irish workplace.
The primary focus in the Act is on prevention. It provides also for significantly increased fines and penalties to deter the minority who breach health and safety laws.
The administration and enforcement of occupational safety and health legislation, including the Safety, Health and Welfare at Work Act 2005 and related Regulations, is a day to day matter for the Health and Safety Authority. In this regard, the Authority has a range of enforcement measures available to it, to use as it deems appropriate and necessary, in accordance with the provisions of the 2005 Act.
I am confident that the updated, modern and comprehensive legislative base that I established through the 2005 Act and the wide range of Regulations made under it, including so far this year Work at Height, Noise, Vibration, Asbestos and Construction, as well as a number of Regulations under EU Directives, sets a sound foundation for implementing occupational safety, health and welfare standards. I am also confident that the Health and Safety Authority, through its targeted, prioritised and broadly based Programmes of Work, is applying the best approach to securing sustained improvements in workplace safety, health and welfare standards.
52 Mr. M. Higgins asked the Minister for Enterprise, Trade and Employment the progress that has been made in relation to introducing Fair Trade products to his Department’s offices and to setting a target date for making the canteens, cafeterias and restaurants under the control of his Department and its agencies use only Fair Trade tea, coffee, sugar and other products; and if he will make a statement on the matter. [32046/06]
My Department's offices are spread over 8 separate buildings, none of which have cafeterias or restaurants. My Department has only a medium sized canteen in Davitt House and a very small canteen in Kildare Street. The tea, coffee, sugar and other products served in those two canteens are not confined to Fair Trade products. However, I can confirm that both canteens have introduced Fair Trade products for sale or are in the process of doing so. I have again asked that consideration be given to the enhanced sale of Fair Trade tea, coffee, sugar and other products in my Department's two small canteens.
As regards the agencies under the control of my Department, you may wish to know that last June my Department wrote to all of the agencies involved drawing attention to this issue and asking, on my behalf, that consideration be given to the enhanced sale of Fair Trade products in the canteens, cafeterias or restaurants of those agencies.
The replies received by my Department indicate support for this initiative and the majority of the agencies involved have indicated that they have introduced Fair Trade tea, coffee, sugar and other products for sale or are in the process of doing so.
As regards the setting of a target date for the use of only Fair Trade tea, coffee, sugar and other products by my Department and its agencies, I feel that it would not be appropriate to impose such an obligation on the proprietors involved and that the correct course of action is to encourage those proprietors to promote the enhanced sale of Fair Trade tea, coffee, sugar and other products in the canteens etc. which they operate on behalf of my Department and its agencies.
53 Dr. Upton asked the Minister for Enterprise, Trade and Employment if he will report on the proceedings and business undertaken at the last European Council of Enterprise and Industry Ministers meeting he attended; when the next meeting of that Council is due; and if he will make a statement on the matter. [32069/06]
I attended the EU Competitiveness Council meeting which took place on 25th September 2006. The Council held a formal debate on four key issues, namely: Innovation policy and competitiveness, nominal quantities for pre-packed products, Consumer Policy Action Programme 2007-2013 and development of the single market policy.
In relation to each of the items discussed, the following decisions and conclusions were reached:
Innovation policy and competitiveness:
The debate was informed by the recent Commission Communication which proposed ten priority actions in the context of a broad-based innovation policy strategy covering both the technological and non-technological aspects of innovation and research. The Council welcomed the Finnish Presidency's emphasis on innovation as a key policy area to be developed. Ministers discussed the ten point action plan and agreed with the need to adopt a global perspective when developing innovation policy and with the role of innovation in delivering the growth and jobs agenda. The Finnish Presidency will aim for conclusions on innovation policy at the December Competitiveness Council. A lunchtime discussion also took place with Commissioner Kroes in relation to state aid for innovation.
Nominal quantities for pre-packed products:
The Council reached a political agreement on laying down nominal quantities for pre-packed products at EU level.
Consumer Policy Action Programme 2007-2013:
The Council reached political agreement on an amended proposal establishing a Programme of Community action in the field of consumer policy for the period 2007-2013. The Programme contains two main objectives:
(a) To ensure a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests and
(b) To ensure the effective application of consumer protection rules notably through enforcement cooperation, information, education and redress.
Development of the single market policy
The Council held an orientation debate on the development of the Single Market policy on the basis of a set of questions prepared by the Presidency. The Council also took note of the information provided by Commissioner McCreevy on the preparation of the Commission's review of its policy for the Internal Market and on the Internal Market Scoreboard No. 15 from July 2006.
The Commission recently conducted a wide-ranging consultation on the state of the Internal Market and directions for the future. This consultation resulted in a number of recommendations covering subjects such as fostering market dynamism and innovation, better regulation, better implementation and enforcement, taking better account of the global context and investing more in information and communication.
The Council also adopted common positions without debate on a draft Decision establishing the 7th research framework programme (FP7) 2007-2013 and on the Programme "Europe for Citizens 2007-2013" and on a draft Regulation on the law applicable to non-contractual obligations ("Rome 11"). It also adopted a Decision approving the conclusion of an international agreement for implementing the ITER fusion energy project.
The Council also took note of information provided by the Presidency and the Commission on:
(a) Progress on the 7th Framework Programme for research, its Rules for Participation and its Specific Programmes;
(b) The 2005 implementation report on retaining and attracting researchers to the European Research Area.
(c) 6th Euro-Mediterranean Ministerial Conference on Industry. Rhodes (21/22 September 2006)
(d) Communication from the Commission on "halting the loss of biodiversity by 2010 and beyond — sustaining ecosystem services for human well-being"
(e) State of implementation of the Consumer Protection Co-operation Regulation (EC 2006/2004)
(f) Preparatory work on the meeting of the National Lisbon Coordinators to be held in Lisbon on 5/6 October 2006
Overall, I believe that the Council has usefully drawn together the range of policy instruments and actions which can contribute to a more competitive and innovative EU. I welcome the focus being placed on innovation and the removal of barriers which can impede innovation such as burdensome or unnecessary rules.
At the next Competitiveness Council meeting, which is scheduled to take place in Brussels on the 4th and 5th December, 2006, the Finnish Presidency intends to continue the debate on the priority themes of innovation and competitiveness, the external aspects of competitiveness and better regulation. I particularly look forward to further action in relation to the non-technological aspects of innovation which will be discussed at future meetings of the Council.
54 Mr. Gilmore asked the Minister for Enterprise, Trade and Employment if he will report on the work of the Competition Authority during 2006 to date; the cases brought by the Competition Authority that are currently before the Courts; and if he will make a statement on the matter. [32047/06]
This question relates to the day-to-day work of the Competition Authority. The Authority is an independent statutory agency responsible for the enforcement of competition law in the State. Its mandate and functions are set out in the Competition Act 2002 as amended and, accordingly, I have no direct functional responsibility in the matter.
Section 42 of the 2002 Act provides that the Authority shall publish an annual report of its activities within two months of the end of each financial year. The Authority's Annual Report for 2005 was published and laid before the Houses of the Oireachtas in February 2006.
In addition, under Section 38(2) of the Competition Act, the Authority's Chairperson is obliged to appear, whenever required, before the Committee of Public Accounts in relation to the Comptroller and Auditor General's annual report on the Competition Authority's audited accounts. The Chairperson is also required, under Section 38(4), to attend before any other committee of the Oireachtas as required.
The Authority, through the Director of Public Prosecutions, has secured a number of criminal convictions for breaches of competition law so far this year. These are the first criminal convictions on indictment for competition law offences in Ireland and in Europe. While I am aware, from media reports, that a number of further criminal cases are pending, it would not be appropriate for me to comment on matters which are currently before the courts.
56 Mr. Coveney asked the Minister for Enterprise, Trade and Employment the way in which he intends to counteract the slowdown in export orders for manufactured goods; and if he will make a statement on the matter. [31911/06]
81 Mr. Perry asked the Minister for Enterprise, Trade and Employment the steps he intends to take to address the crisis in Irish exports; and if he will make a statement on the matter. [31908/06]
I propose to take Questions Nos. 56 and 81 together.
While there has been some deterioration recently in export performance, most notably in April and June of this year, the pattern has been that exports have tended to rebound in subsequent months, and I would not therefore regard the present situation as one of crisis or slowdown. In fact, when you look at the longer term, it can be seen that the value of our exports increased by 3% for the first six months of 2006, relative to the same period in 2005. A comparison of 2005 export figures with those for 2004 shows that exports increased by 5% in value terms year on year. That positive situation was also evident in 2004 where exports increased by 3% in value terms relative to 2003.
Overall, therefore, the value of Irish exports continues to increase incrementally year on year, and, while it is unlikely that yearly increases in export volumes will regain the levels of increase characteristic of the late 1990's, prior to the dot com slump and the tragic events of September 11th, I believe that as the worst of the global economic recession eases, Irish exporters are well placed to take advantage of an upturn in the European and wider Global economies.
Irish Government policy has been, for a number of years, to fully exploit our membership of the European Union by diversifying into EU export markets, and also to focus on new opportunities in the US and further afield. From a position of 75% of Irish exports going to the UK in 1960, we have now reached a point where the EU now accounts for 62% of our exports with only 18% of exports going to the UK. Since last year, the US has replaced the UK as our leading export market and now accounts for 20% of Irish exports. Of equal importance is the continuous transformation of both indigenous and foreign direct investment enterprises from low end manufacturing to the production of high value added goods and services such as software, telecommunications and pharmaceuticals resulting in new export opportunities to highly developed economies in the EU, the US and Japan.
The Irish Government is strongly supportive of Irish exporting firms seeking to increase their level of exports on world markets, and it does so in a number of ways: my Department through its agency, Enterprise Ireland, is active both domestically at the developmental level and through promotional activities carried out from a range of locations abroad, in assisting Irish indigenous companies to find new markets for their products and to increase their existing level of market share.
In this, Enterprise Ireland is ably assisted by our Irish Embassies abroad whose staff work closely with the agency in facilitating the development of export markets for Irish exporting companies. Close coordination is also maintained with other export promotion organizations, such as An Bord Bia, Bord Iascaigh Mhara and non-governmental bodies such as, the Irish Exporters Association and the Chambers of Commerce of Ireland. In addition, both myself, and my colleague, Minister for Enterprise, Trade and Employment, Micheál Martin, T.D., have been active in leading trade missions, in conjunction with Enterprise Ireland, to the new member states and Asia, with a view to increasing our share of exports by Irish companies to these countries.
While the focus of our efforts has in recent years been towards developing new markets in Northern Europe and the USA and, consequently, reducing our dependence on the UK export market, we have also begun to explore the potential for increasing our exports to Asia and the Far East. In that context An Taoiseach, Bertie Ahern, last year launched the second phase of the Asia Strategy, 2005-2009, following his successful visit to China. The Asia Strategy contains a number of export oriented targets and objectives, which is overseen by a committee representative of public and private sector interests, with a view to exploiting fully the potential for Irish companies to develop new markets in Asia over the coming years.
My Department and its agencies will continue to work with other organisations engaged in export promotion, with a view to increasing the overall level of Irish exports in existing markets and in creating new markets for Irish exporting firms.
58 Mr. Gormley asked the Minister for Enterprise, Trade and Employment the reason Ireland’s share of EU exports have fallen from 9.5% in 2001 to 7.5% in 2005. [31661/06]
While I am unclear of the source of the Deputy's data, I would point out that the value of Ireland's merchandise exports to the European Union has remained broadly the same in 2001 and 2005 – at some €57b (CSO data). This is notwithstanding the fact that Ireland's export levels reached record levels in 2001/2002. The exceptional figures in 2000-2002 were also distorted by what is referred to as the VAT Carousel Fraud. The general world recession following the dot com bubble burst and 9/11 resulted in a reduction of exports in 2003. However exports have been rising steadily since then, up 3% in 2004 and a further 5% in 2005 (with at a more modest increase of 1.2% within Europe between 2003 and 2005). Our biggest single market is now of course the USA.
While data on services is somewhat less robust, Forfas estimates that Irish services exports to the Eurozone in the period of 1999 – 2004 rose by 212% to reach a value of €14.1b while those to the UK, Sweden and Denmark rose by 136% over the same period to reach a value of €11.8b (Forfas International Trade and Investment Report 2005). Overall therefore, Ireland's export performance with and within Europe remains strong.
A further factor which may be influencing the Deputy's figures is the fact that the Union expanded by 10 member states in 2004 with whom we would not historically have had a large volume of trade. As exports from the new Member States would be an additional factor in the 2005 totals, this naturally would affect Ireland's percentage share of the new, larger, EU total level of exports from 25 countries as opposed to 15.
59 Mr. Rabbitte asked the Minister for Enterprise, Trade and Employment the measures he intends to take to protect consumers and businesses from spiralling inflation; if adjustments in the budget allocations within his Department or its agencies are necessary in view of the prediction at the time of budget 2006 of average annual inflation of 2.7% compared to the expected situation of 5% by end of 2006; and if he will make a statement on the matter. [32040/06]
The 2.7 per cent Consumer Price Index inflation forecast for 2006 was calculated on Budget day by the Department of Finance using the technical assumption of unchanged interest rates. Since that time the European Central Bank has raised interest rates four times by a quarter point on each occasion. Interest rate increases have a major impact on CPI inflation but are outside of the control of the Government. CPI inflation has averaged 3.8 per cent in the first eight months of the year. The Department of Finance will be publishing new forecasts in the coming weeks.
All developed economies face rising costs at some point in their supply chain and Ireland is no exception. Our best response to the realities of globalisation is to ensure that Ireland remains attractive for investment and enterprise growth. While the costs faced by business in some areas here may be relatively higher than other economies, the challenge is to maintain our competitiveness in areas such as skills, education, knowledge infrastructure and the quality generally of our workforce. In an international context, competitiveness, the ability to profitably and successfully trade against world competitors in the face of globalisation pressures while creating attractive investment and employment opportunities are the real benchmarks of a successful economy.
This Government is taking concrete steps to control Irish inflation. The wage element recently agreed in Towards 2016 will provide certainty and contribute to redressing the wage element of inflationary pressures. Also in the new Social Partnership agreement is a commitment to reactivating the Anti-Inflation Group, which will allow the social partners to cooperate and coordinate efforts in combating inflation.
Finally, I have no plans to alter either the Department's budget for 2006 nor the budgets of any of the agencies or bodies under its aegis on the basis of inflation.
60 Mr. Costello asked the Minister for Enterprise, Trade and Employment the outstanding untransposed EU directives within his portfolio and the deadline for each; the number of warnings received from the Commission for each unimplemented directive; the number of directives successfully transposed since January 2006; the timetable for further directives he intends to transpose during the current Dáil session; and if he will make a statement on the matter. [32033/06]
65 Mr. Costello asked the Minister for Enterprise, Trade and Employment the number of reasoned opinions received by his Department from the European Commission relating to European legislation already transposed that have not been resolved to the Commission’s satisfaction; the date on which each of these was received; the timetable for each of these issues to be resolved; and if he will make a statement on the matter. [32065/06]
I propose to take Questions Nos. 60 and 65 together.
There are four Directives due for transposition before 31 December 2006 by my Department as follows:
1. Council Directive 2001/86/EC supplementing the Statute for a European Company with regard to the involvement of employees
Transposition Deadline: 8 October 2004
2. Directive 2004/22 EC. . . of 31 March 2004 on measuring instruments
Transposition Deadline: 30 April 2006
3. Directive 2003/72 EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees
Transposition Deadline: 18 August 2006
4. Directive 2003/58 EC of 15 July 2003 amending Council Directive 68/151/EEC (First Company Law Directive), as regards the disclosure requirements in respect of certain types of companies
Transposition Deadline: 31 October 2006
Eight Directives are due to be transposed by my Department in the first half of 2007 as follows:
1. Directive 2006/2/EC of 6 January 2006 amending, for the purposes of its adaptation to technical progress, Annexe II to Directive 96/73/EC of the European Parliament and of the Council on certain methods for quantitative analysis of binary textile fibre mixtures.
Transposition Deadline: 6 January 2007
2. Directive 2006/3/EC of 9 January 2006 amending, for the purposes of their adaptation to technical progress, Annexes I and II to Directive 96/74/EC of the European Parliament and of the Council on textile names.
Transposition Deadline: 9 January 2007
3. Directive 2004/109/EC of the European Parliament and of the Council on minimum transparency requirements for listed companies.
Transposition Deadline: 20 January 2007
4. Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC.
Transposition Deadline: 20 January 2007
5. Directive 2006/8/EC of 23 January amending for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations.
Transposition Deadline: 1 March 2007
6. Directive 2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC.
Transposition Deadline: 12 June 2007
7. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive)
Transposition Deadline: 12 June 2007
8. Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council.
Transposition Deadline: 11 August 2007
The following Directives are due for transposition during the latter half of 2007 to 2010:
1. Directive 2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC.
Transposition Deadline: 9 August 2007
2. Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for Energy-Using Products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council.
Transposition Deadline: 11 August 2007
3. Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies.
Transposition Deadline: 15 December 2007
4. Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).
Transposition Deadline: 29 April 2008
5. Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC.
Transposition Deadline: 6 June 2008
6. Directive 2006/25/EC of the European Parliament and of the Council on the minimum Health and Safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of article 16(1) of directive 89/391/EEC).
Transposition Deadline: 27 April 2010
In relation to Council Directive 2001/86/EC, the Commission issued a Letter of Formal Notice on 13 December 2004 and a Reasoned Opinion on 18 October 2005. The Commission issued proceedings on 31 July 2006 under Article 226 of the EC Treaty for failure to transpose this Directive into Irish law. In that regard, draft Regulations were sent to the Attorney General's Office for settling on 28 September 2006. It is intended to have the Regulations completed by the end of December 2006.
The Commission made application to the European Court of Justice on 15th April 2005 against Ireland under Article 226 of the EC Treaty for incorrect transposition of Directive 92/100/EC (Rental and Lending rights in the field of Intellectual Property). The drafting of amending legislation is currently taking place in the Office of the Parliamentary Counsel. It is proposed to publish the legislation in early 2007.
Due to the collective efforts of my officials over the past few months in addressing transposition issues, my Department has successfully transposed 18 Directives (and partially transposed one Directive) since January of this year. In addition to Directive 2001/86/EC, it is intended that Directives 2003/58/EC, 2003/72/EC and 2004/22/EC will be transposed during the current Dáil session. It is my intention to continue to make transposition of EU Directives an ongoing priority in my Department.
61 Mr. Crowe asked the Minister for Enterprise, Trade and Employment the progress he has made in increasing the level of workers with disabilities in the labour force. [31650/06]
At this stage it is difficult to arrive at any definite conclusions about the current numbers of people with disabilities who are in the labour force.
The results for the 2006 Census, and the associated national disability survey, will, when published, provide definitive information of the level of progress that is being achieved in increasing the numbers of disabled workers who are now actually engaged in the labour market.
Data from the 2002 Census showed there were about 43,000 people with disabilities of working age who were in employment, and approximately 130,000 who were unemployed and economically inactive.
More recent data published by the CSO in two QNHS special disability surveys (which are not directly comparable with the 2002 Census) indicate that between 2002 and 2004 the numbers of people in employment remained broadly the same at about 110, 000, while the numbers who were unemployed and economically inactive rose from 165, 000 to about 190, 000.
The Department of Enterprise, Trade and Employment is committed to addressing the needs of those with disabilities and furthering the policy of mainstreaming services to help them play a full and active part in Irish society. The Sectoral Plan of the Department under the Disability Act, 2005 outlines its key initiatives in promoting equality of opportunity for disabled people on the open labour market, including through its Comprehensive Employment Strategy for people with disabilities.
This Strategy proposes to further enhance the effectiveness of employment and vocational training programmes for disabled people and to further develop supports to open labour market employment for them.
The Sectoral Plan represents a clear step forward in working to improve access to employment for disabled people, and a comprehensive outline of this Department's commitment in that regard.
62 Mr. Stagg asked the Minister for Enterprise, Trade and Employment if he has plans to work with other Departments to assess the impact of immigration from the ten EU accession states; his views on whether an assessment of PPS numbers with which no taxation or social welfare activity has been associated for one tax year will give an indication of the number of PPS numbers allocated to persons no longer resident here; if he has an alternative proposal for assessing the number of PPS numbers allocated to persons no longer resident here; and if he will make a statement on the matter. [32054/06]
May I refer the Deputy to the recently published Report on "Managing Migration in Ireland: A Social and Economic Analysis" commissioned by the National Economic and Social Council and undertaken by the International Organisation for Migration (IOM). IOM concluded that overall it is generally agreed that immigration in Ireland in recent years has increased economic growth, improved output and reduced earnings inequalities.
EU nationals can enter employment in the State without requiring advance permission. The only requirement for entry into the labour market is the need to arrange a personal public service or PPS number for social insurance purposes. In excess of 260,000 PPS numbers have been allocated to Accessions States since May 2004 and about 177,000 of these nationals have taken up employment at some point during this time. The Central Statistics office estimate that about 80,000 Accession State nationals are currently in employment here.
The compilation of data relating to the acquisition of personal public service numbers by nationals of the new member States of the European Union and the assimilation of these data with returns relating to employment to the Revenue Commissioners are the responsibility of the Minister for Social and Family Affairs.
63 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he is satisfied that Irish exports are adequately competitive on world markets; the noticeable trends with particular reference for Ireland to maintain its export markets throughout the EU and worldwide; if he proposes to take steps to enhance this position; and if he will make a statement on the matter. [32073/06]
172 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if Irish exports are sufficiently competitive on European and World markets; the trends now emerging; and if he will make a statement on the matter. [32375/06]
173 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he is satisfied that established markets for Irish exports are being maintained to satisfy the full extent of manufacturing here; and if he will make a statement on the matter. [32376/06]
I propose to take Questions Nos. 63, 172 and 173 together.
While there has been some deterioration in export performance recently, most notably in April and June of this year, the pattern has been that exports have tended to rebound in subsequent months, and have remained competitive in a difficult global trading environment. Looking at the situation over the longer term, it can be seen that the value of our exports has increased by 3% for the first six months of 2006, relative to the same period in 2005. A comparison of 2005 export figures with those for 2004 shows that exports increased by 5% in value terms year on year, and that positive situation was also evident in 2004 where exports increased by 3% in value terms relative to 2003.
It is clear, however, that Irish companies, especially companies in more traditional sectors, face continuing challenges to remain competitive in international markets. Input prices continue to pose particular competitive difficulties especially given high energy prices. To this end the recent declines in oil prices from the heights reached in July 2006 are welcome. Lower costs prevalent in the newly acceded member states, increased costs domestically, the continued growth of Asian economies, and the relative strength of the Euro relative to other global currencies are just some of the conditions that Irish companies have had to face. These conditions are likely to continue to pose a challenge to Irish exporters.
Irish companies are working very hard to maintain and win new market share despite these difficulties. Enterprise Ireland, as the agency with responsibility for the development of manufacturing and internationally traded services companies, is acutely aware of the significant challenges and indeed opportunities that have emerged as a result of globalisation and increased global competition, and works with client companies to help them grow and develop on world markets.
Enterprise Ireland recognises that its client companies operate in a very different environment from that of even a decade ago. They are no longer confined to selling into English speaking markets or markets largely chosen on the basis of geographic proximity and convenience. Irish companies now operate in a broad range of culturally diverse markets. Building and maintaining strong growth in an ever more competitive and interconnected world requires creativity and imagination. Creative ideas, new and better ways of working, innovative products and services, and improved ways of marketing and delivering goods globally will be the drivers of future success. In short, these factors will ensure high-value, knowledge intensive activities that will support high-value added jobs and prosperity. To underpin their potential, Irish companies' must display a unique mix of ingenuity, ambition and business strengths.
In tandem with this, Irish Government policy has been, for a number of years, to fully exploit our membership of the European Union by diversifying into EU export markets, and also to focus on new opportunities in the US and further afield. From a position of 75% of Irish exports going to the UK in 1960, we have now reached a point where the EU now accounts for 62% of our exports with only 18% of exports going to the UK. Since last year, the US has replaced the UK as our leading export market and now accounts for 20% of Irish exports. Of equal importance is the continuous transformation of both indigenous and foreign direct investment enterprises from low end manufacturing to the production ofhigh value added goods and services such as software, telecommunications and pharmaceuticals resulting in new export opportunities to highly developed economies in the EU, the US and Japan.
Other export destinations, which offer new opportunities in the future, are the ten newly acceded members of the EU, and Asia. In addition, both myself, and my colleague, Minister for Enterprise, Trade and Employment, Micheál Martin, T.D., have been active in leading trade missions, in conjunction with Enterprise Ireland, to the new member states and Asia, with a view to increasing our share of exports by Irish companies to these countries.
Last year, the Taoiseach launched the second phase of the Asia Strategy which is designed to increase Irish exports to the main economies of Asia, such as China, Japan and India, over the next five years. Within the context of the Asia Strategy, it is envisaged that agencies, such as Enterprise Ireland, An Bord Bia, Tourism Ireland and organisations engaged in the education sector, will be combining closely to exploit and increase Irish exporting opportunities in this area over the lifetime of the Asia Strategy, which is scheduled to run until 2009.
67 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment in light of the fact that racial discrimination claims by migrant workers have more than doubled in the first half of 2006, his views on whether nine rights commissioners are sufficient to deal with the estimated 7,000 referrals for 2006. [31656/06]
Claims of discrimination on the grounds of race are covered by Employment Equality and Equal Status legislation. Complaints under these pieces of legislation should be referred to the Director of the Equality Tribunal. The Rights Commissioner Service of the Labour Relations Commission has no function in the matter.
There are currently 9 Rights Commissioner posts in the Labour Relations Commission. In the context of the comprehensive package of measures on employment standards contained in the new partnership agreement, Towards 2016, an additional 5 Rights Commissioners posts will be provided, increasing, as necessary, in line with the Commissioners' caseload.
68 Mr. Wall asked the Minister for Enterprise, Trade and Employment if additional resources have been made available to the Health and Safety Authority to police the new regulations on the construction industry; if so, the way in which these extra resources will be deployed; if the unions or employers groups representing the construction industry were consulted on these new regulations; if so, the format of those consultations; and if he will make a statement on the matter. [32056/06]
The new Safety, Health and Welfare at Work (Construction) Regulations 2006 will come into effect on Monday 6th November 2006. The Health & Safety Authority has committed to carrying out over 7,000 inspections in the construction sector this year. On Monday last, 9th October, the Authority commenced a series of seminars and workshops aimed at getting the industry up-to-speed with the Regulations before the commencement date. These activities form part of the Authority's programme of work for 2006 and are catered for in its overall grant. Enforcement and advocacy are core functions of the Authority.
The proposals for the new Regulations came from the Construction Advisory Committee which operates under the auspices of the Authority and which includes representatives of the employee unions and employer organisations. The unions and employers are also represented on the Board of the Authority which considered the Regulations at length and approved them.
As part of the wider consultation process the Authority made a draft of the Regulations available on its website for 6 weeks, beginning in October 2005. An extensive range of responses were received and reviewed by both the Executive and the Board of the Authority. The Authority's staff and officials at the Department also met representatives of professional bodies in the construction sector and consulted widely with them on the proposals for the Regulations. I met with any who sought meetings.
70 Ms Shortall asked the Minister for Enterprise, Trade and Employment if he will report on the work in 2006 to date of the internal market unit in his Department; the main plans for this unit for the remainder of 2006; the level of staffing and budget assigned to this unit; and if he will make a statement on the matter. [32068/06]
The Internal Market Section is part of the Market Access Unit of my Department. Its staff complement is an Assistant Principal Officer, a Higher Executive Officer, an Executive Officer and a Clerical Officer. The cost of the Section is met from within the administrative budget of the Department.
The role of the Section is to co-ordinate and negotiate Ireland's approach to certain aspects of the EU's Internal Market, with particular reference to the importance of the acquis communitaire being applied correctly, transparently and in a timely fashion.
During the first half of the year, the Section was heavily engaged in the ongoing discussions on the draft Services Directive. This involved discussions with other Departments and with stakeholders, including the social partners, as well as discussions at EU level within the framework of the Council. The Competitiveness Council reached political agreement on the draft Directive on 29th May and adopted a Common Position on it on 24th July, largely on the basis of the revised Commission proposal of 4th April. The second reading of the draft Directive is now underway in the European Parliament. There will be further consultations with Departments and stakeholders, as necessary.
The Irish SOLVIT Centre is based in the Internal Market Section. SOLVIT is a network launched by the European Commission in 2002 to solve problems that EU citizens or businesses are experiencing with the public administrations of EU Member States. (There is a SOLVIT Centre in each EU and EEA Member State.) These problems are associated with a denial of their Internal Market rights due to EU measures not being applied correctly.
So far this year, the SOLVIT Centre has dealt with over 80 cases and queries from citizens (including citizens of other Member States and third country nationals with ties to EU nationals) and businesses, involving social welfare issues, insurance issues, pension rights, taxation issues, issues relating to motor vehicles, professionals wishing to register in this or another Member State, the rules applying to products sold on the market of another Member State and the right of third country nationals with ties to EU nationals to live here.
The Centre attended the Spring SOLVIT Workshop in Brussels and the Summer SOLVIT Workshop in Oslo, and will host the Winter SOLVIT 2006 Workshop in Dublin in November.
The Section co-ordinates Ireland's input to the European Commission's Internal Market Information (IMI) System. This is a new Commission initiative designed to create real time links between internal market officials in Member States to enable them to exchange the necessary information to ensure that EU Directives with co-operation/mutual assistance provisions are properly implemented.
The Section prepared Ireland's submission to the European Commission in response to the Commission's public consultation in April on the future of the Single Market. (The submission is available on the Commission's website at http://ec.europa.eu/internal_market/strategy/ index_en.htm.) The Commission is undertaking a general review of the Single Market for submission to the June 2007 meeting of the European Council. Internal Market Section will continue to co-ordinate Ireland’s position on this issue in consultation with other Departments and stakeholders, as appropriate.
The Section is one of a number of Sections in this Department and others that monitors Ireland's rate of transposition of Internal Market Directives with particular reference to the Internal Market Scoreboard, which is published each summer.
The Section is the National Contact Point for Ireland for the European Commission's Technical Assistance and Information Exchange (TAIEX) Office. TAIEX provides assistance to new Member States and Candidate States on issues relating to the transposition and application of the acquis communitaire.
The Section is the National Contact Point for Ireland for Regulation 2679/98 on the functioning of the internal market in relation to the free movement of goods among the Member States. Under the Regulation, where an obstacle occurs (for example, an industrial dispute affecting the free movement of goods along a major road network or through a port or airport), the relevant Member State must inform the Commission and all other Member States and must respond as soon as possible to a request from the Commission or from another Member State as to what action it proposes to take to deal with the obstacle.
71 Mr. Hayes asked the Minister for Enterprise, Trade and Employment the percentage of green field foreign direct investment which has been attracted to the Border Midland Western region in the past five years; the steps he is taking to increase investment in the region; and if he will make a statement on the matter. [31933/06]
72 Mr. Kenny asked the Minister for Enterprise, Trade and Employment the steps he is taking to increase industrial investment in the Border Midland Western region; and if he will make a statement on the matter. [31939/06]
79 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the percentage of green field foreign direct investment which has attracted to the Border Midland Western region in the past five years; and if he will make a statement on the matter. [31938/06]
I propose to take Questions Nos. 71, 72 and 79 together.
IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland. Under the Industrial Development Acts I am precluded from giving directives to the Agency regarding individual undertakings or from giving preference to one area over others.
Last year 32% of Greenfield FDI projects approved were for the BMW region and the attached tabular statement sets out the percentage of greenfield FDI projects which have been approved for the BMW Region in each of the five years from 2001 to 2005.
One of the key objectives of IDA Ireland's strategy under the current National Development Programme 2000-2006, has been to encourage more balanced regional development. To support and enhance the promotion of the BMW region, the Agency has substantially increased its land portfolio in the region and upgraded the scale, resources and management responsibility of its regional offices.
The Agency also believes its policy of working closely with a wide range of other organisations at local and regional levels such as Local Authorities, utility providers, educational institutes, and private developers to enhance the attractiveness of individual areas for new greenfield investments or expansion projects will continue to deliver results in terms of additional sustainable investment and jobs for the people of the BMW region.
Ultimately decisions regarding where to locate are taken by the investors and IDA Ireland can only advise and market the attractions of potential sites.
|
2001 |
2002 |
2003 |
2004 |
2005 |
|
31% |
35% |
34% |
19% |
32% |
73 Mr. McCormack asked the Minister for Enterprise, Trade and Employment the steps he intends to take to provide alternative employment in County Limerick following the appointment of a provisional liquidator to a company (details supplied); and if he will make a statement on the matter. [31919/06]
I was disappointed to hear that a Liquidator had been appointed to the company in question. The relevant State agencies will provide every support they can and the role of the Industrial Training agency FAS will be particularly important in assisting those who lose their jobs. That agency has arranged a meeting with the company for today, 11 October 2006 and the full range of FAS services are being offered at the meeting.
On 3 October 2006, my colleague the Minister for Agriculture and Food, accompanied by Enterprise Ireland, met with a group representing the producers that supply live chickens to the company and I understand that various scenarios in regard to the operation were discussed. Shannon Development also met with this group on 9 October 2006. I will be meeting with Castlemahon representatives this evening.
Shannon Development has moved quickly to assist with efforts to minimise the effect of the closure on West Limerick. The agency will continue to identify opportunities to assist those effected and has held a meeting of the West Limerick Action Group, a local Group chaired by Shannon Development comprising key local groups in the area. Shannon Development, together with representatives from County Limerick CEB and West Limerick Resources Ltd., has met with public representatives in the area to discuss how the agency can support those effected by the closure. As well as these particular initiatives, the agency will be staying in close contact with the Newcastle West Chamber of Commerce.
A central goal for the Industrial Development agencies is the achievement of balanced regional development. The attractiveness of Limerick lies in its position as a regional gateway, with a critical mass and infrastructure necessary to attract mobile investment to the region. Both the Government and the agencies recognise the need to provide high volume employment opportunities in Limerick that provide sustainable jobs. The most recent example in Limerick was the announcement by Northern Trust Corporation to create 300 high quality jobs in the financial services sector. Another example is Vistakon, which recently announced its intentions to expand its Limerick operations and create some 120 jobs in high-end manufacturing.
Both the Government and the agencies recognise the need to provide high volume employment opportunities in Limerick that provide sustainable jobs. I am confident that the State Development agencies, in partnership with other key players, will strengthen their marketing and promotion efforts in the region and will make every effort to secure alternative employment for the area.
74 Dr. Upton asked the Minister for Enterprise, Trade and Employment if he received a request for a meeting with the European Parliament’s Temporary Committee of Enquiry into the Crisis of the Equitable Life Assurance Company for their visit here of 6 October 2006; if so, if this invitation was accepted or rejected; the reason therefore; and if he will make a statement on the matter. [32055/06]
I can confirm that I received a request for a meeting with representatives of the European Parliament's Temporary Committee of Enquiry into the Crisis of the Equitable Life Assurance Company for their visit here of 6th October 2006. A response to this request issued through the Irish Permanent Representative to the European Union on the 19th September 2006.
The response conveyed my regrets that, because of prior commitments, I was unavailable to meet with the delegation on Friday 6th October, and that while I would be happy to provide any assistance which I can to the Committee, I could not see how I could be of any assistance to the Committee's enquiries having regard to the position outlined below.
The response advised that on foot of the Central Bank and Financial Services Authority of Ireland Act 2003, prudential supervision of the insurance sector and the services provided moved in its totality from the Department and Minister for Enterprise Trade and Employment to the Irish Financial Services Regulatory Authority, now known as the Financial Regulator.
Furthermore, the response to the Committee noted that the Central Bank and Financial Services Authority of Ireland Act 2003 which was commenced in May 2003 provided inter alia for a "live" handover of issues and for the speedy handover by the Minister for Enterprise Trade and Employment, to the Financial Regulator and the Minister for Finance of all records relating to the performance or exercise of functions or powers in the insurance sector. This would have included all those relating to Equitable Life.
The Committee was advised that the most appropriate body to assist the Committee with its enquiries is now the Financial Regulator. I understand that on foot of this advice, the Committee contacted the Financial Regulator and met with officials from that body on Friday 6th October last.
75 Mr. Sherlock asked the Minister for Enterprise, Trade and Employment the position in relation to the dispute between former workers at the Greencore plants and the owners of that plant; the dispute resolution processes that are being used to address this problem; if he will intervene directly to bring a satisfactory end to this dispute; and if he will make a statement on the matter. [32048/06]
On 26 April 2006, the Labour Court made a recommendation regarding redundancy terms for Irish Sugar workers at the Mallow plant. The recommendation provided that redundancy should be 5 weeks' pay per year of service, where a week's pay would be defined as actual finishing salary, excluding overtime, plus statutory redundancy entitlement, plus a bonus payment for an orderly wind-down. However, I understand that the company and the trade unions could not agree on the method of calculating finishing salary. The Court issued two clarifications, but these failed to resolve the dispute.
The National Implementation Body has worked with the parties concerned on an agreed procedure to resolve the issue in dispute.
The Labour Court has invited the parties to return to the Court with a view to resolving the dispute. However, I understand that the company has rejected the Court's invitation. I very much regret the decision taken by the company in this regard.
While responsibility for the settlement of a dispute rests, ultimately, with the parties themselves, I would urge the company to reconsider its decision not to attend the Labour Court for talks. The experience and expertise of the Labour Court, in my view, offer the best avenue for resolving the issue under dispute.
77 Mr. Crawford asked the Minister for Enterprise, Trade and Employment the damage to Ireland’s national competitiveness caused by rising energy prices; and if he will make a statement on the matter. [31906/06]
The price of energy affects the cost structure of all sectors of the economy, both domestic consumers and businesses alike. Global energy markets have seen sustained increases in price levels for the past two years. No consumer, whether industrial, commercial or personal is immune from the impact of higher oil, gas and electricity prices as a result of price changes on international markets. With 80% of our natural gas requirements currently being imported, we are all price takers in the market. However, the Irish economy has proved resilient with growth of 4.7% in GDP in 2005 with continued expansion of many sectors including those that are energy intensive (for example, pharmaceuticals, food and drink, construction and so forth). Despite elevated energy prices over the past couple of years there is no indication that high prices are having a marked impact on economic growth or employment.
Energy costs are predominantly a global issue, as they are driven primarily by oil prices. The development agencies under my Department are monitoring the issue of energy costs and the impact of such costs on the overall competitiveness of companies.
My colleague the Minister for Communications, Marine and Natural Resources, who has primary responsibility in this area, has just published an Energy Green Paper which addresses key policy options for energy management. A two month consultation period is underway. Following this period a range of issues affecting energy and oil dependency will be set out in a White Paper.
The Oireachtas is currently examining the Energy (Miscellaneous Provisions) Bill which will bring about an all island energy market. This will have a positive influence on energy costs to users. In addition, Sustainable Energy Ireland continues to vigorously promote and advise on energy efficiency through a range of programmes over the last number of years and is eager to provide its energy conservation and efficiency services to the SME sector.
78 Mr. Howlin asked the Minister for Enterprise, Trade and Employment the number of ministerial prosecutions which have been taken by him on behalf of the labour inspectorate for the years 2004, 2005 and to date in 2006 under the various pieces of employment protection legislation; the number of convictions which have been obtained; if he will collate the cases taken and convictions won under each statutory heading; and if he will make a statement on the matter. [32060/06]
The number of prosecutions initiated on behalf of the Labour Inspectorate under various pieces of employment protection legislation, in respect of the years 2004, 2005 and to date in 2006 is set out in the tabular statements.
The primary function of the Labour Inspectorate is to seek compliance and rectification of any breaches identified, including payment of any arrears due to employees. Inspectors pursue allegations of worker mistreatment and seek redress for the individual/s concerned and, if appropriate, a prosecution is initiated. Successful prosecution can be dependent on adequate support from witnesses.
|
Year |
2004 |
2005 |
2006 |
|
Cases taken |
10 |
26 |
2 |
|
Convictions |
10 |
22* |
2 |
*Probation Act applied after charitable donation made in 3 of these cases.
|
Year |
2004 |
2005 |
2006 |
|
Cases taken |
1 |
3 |
3 |
|
Convictions |
1 |
1 |
3 |
|
Year |
2004 |
2005 |
2006 |
|
Cases taken |
1 |
0 |
2 |
|
Convictions |
1 |
0 |
2 |
|
Year |
2004 |
2005 |
2006 |
|
Cases taken |
1 |
0 |
0 |
|
Convictions |
1 |
0 |
0 |
80 Ms B. Moynihan-Cronin asked the Minister for Enterprise, Trade and Employment the steps to be taken in relation to the agreed social partnership deal, Towards 2016; the procedure to be followed in relation to pay negotiations for the period after the currently agreed rises; the additional resources being made available and changes in his Department’s allocation of funding and personnel consequent to the ratification of Towards 2016; and if he will make a statement on the matter. [32041/06]
The mechanisms for implementation of the new social partnership agreement, Towards 2016, are broadly the same as applied under Sustaining Progress. The steering group representing Government and each of the social partner pillars will be reconvened to take overall responsibility for the management of the implementation of the ten-year framework agreement as it applies to the wider non-pay issues. As heretofore, there will be quarterly meetings of the social partner pillars and an annual meeting of the parties with the Taoiseach, the Tánaiste and the Minister for Finance. It has also been agreed that a formal review will be undertaken during 2008.
The question of the procedures to be followed in relation to pay negotiations for the period after the current agreement expires has not yet been considered.
Work has already begun in this Department in relation to the wide range of commitments that fall within the Department's remit. In particular, work on the preparation of the necessary legislation to give effect to the comprehensive package of measures contained in the agreement on employment standards is being progressed as a matter of urgency. In addition, the process of recruiting the Director of the Office of the Director of Employment Rights Compliance, to be established under the aegis of my Department, got under way in recent days.
Substantial additional resources, both financial and human, will be made available to the Department for the delivery of the commitments under Towards 2016. The precise allocations for 2007 are currently being settled with the Department of Finance in the context of the 2007 estimates process.
82 Dr. Cowley asked the Minister for Enterprise, Trade and Employment the steps he intends to take to restore employment in north Mayo and in Ballina, County Mayo in view of the fact that the employment rate in the town in 11% which is twice the national average; and if he will make a statement on the matter. [32070/06]
State support for enterprise and job creation is channelled through IDA Ireland, Enterprise Ireland and the County Development Boards. While I may give general policy directives to the agencies under the Industrial Development Acts, I am precluded from giving directives regarding individual undertakings or from giving preference to one area over others.
IDA Ireland have assured me they are actively promoting both Ballina and the North Mayo area generally for new foreign investment. Since January 2003 there have been five first time site visits to Ballina. In addition, the Agency is also working with its existing base of overseas companies to encourage them to grow and expand. In order to further enhance the attractiveness of the county for new investment the Agency is developing new world class Business and Technology Parks in a number of towns throughout Mayo.
The overall aim of Enterprise Ireland's strategy is to transform Irish companies into market focused and innovation driven businesses; to increase their exports, sales and employment. The Agency has approved funding support of over €6.4 million and paid around €3.6 million to companies in County Mayo in the period from 2003 to date. Of this, client companies in the North Mayo area have been approved funding of over €1.2m. Enterprise Ireland has worked in close co-operation with Mayo County Council in the development of the Broadband Metropolitan Area Networks in Ballina and Kiltimagh. Both of these are now completed. The construction of new MANs, are proposed for the towns of Claremorris, Knock and Ballinrobe.
In January this year I announced the extension of the Enterprise Ireland Community Enterprise Centre Scheme which will provide €7m of Capital funding for the period 2006-2008. Working in partnership with the local community, Enterprise Ireland has approved support for a total of 10 Community Enterprise Centres in County Mayo — including Kiltimagh, which was successful in obtaining approval for €300,000 for an expansion to its existing centre.
During 2005 Mayo County Enterprise Board (CEB) approved a total of €437,965 to 23 projects and paid out €301,239 in grant assistance, which resulted in the creation of 53 net new jobs in CEB assisted companies throughout the County. Five of the 23 projects which received grant approval in 2005 were in the Ballina area and accounted for €82,400 or 19% of the total grant approvals in Mayo in 2005 and, to-date, a total of €28,579 has been paid out by Mayo CEB.
Mayo County Enterprise Boards 2006 Programme budget is, at over €900,000, 12.9% higher than allocation provided for in 2005. This increase is enabling Mayo CEB to fulfil its function and remit in encouraging entrepreneurial development in the micro-enterprise sector throughout the County.
The most recent Quarterly National Household Survey published by the Central Statistics Office in September shows that the national unemployment rate is 4.3%. The equivalent rate for the West region, which includes Ballina, is slightly lower at 4.2%. The Survey does not provide a breakdown of data for specific towns.
While the Live Register figures published by the CSO provide data for specific areas such as Ballina, it is important to note that it is designed to produce data on numbers claiming unemployment assistance and benefit and also includes part-time, seasonal and casual workers who would be entitled to such State supports. In August 2005 there were 1,605 people on the live register in Ballina. The most recent data available is for August 2006 and indicates that this number had fallen to 1,448.
I am satisfied that the policies being pursued by the agencies under the remit of my Department, together with the Government's commitment to regional development, will continue to bear fruit in terms of the creation of sustainable employment for the people of Ballina and Mayo generally.
83 Mr. Gilmore asked the Minister for Enterprise, Trade and Employment the statutes it is proposed that the new Office of Director of Employment Law Enforcement will have under its remit; if powers to obtain civil remedies in addition to criminal prosecution will be given to the new office; and if he will make a statement on the matter. [32061/06]
As the Deputy will be aware, the Social Partnership Agreement "Towards 2016" sets out a number of commitments with regard to employment standards and compliance including a commitment to establish an Office of the Director of Employment Rights Compliance (ODERC). The Office, which will assume the functions of the Labour Inspectorate and Employment Rights Information and Prosecution units of the Department, will be established through the enactment of primary legislation and will be led by a Director at senior management level.
The legislation establishing the ODERC, which will be published in 2007, will provide, among other matters, that certain existing primary and secondary employment rights legislation administered or enforced by the Department will, from a specified date and subject to such amendments as may be necessary to implement commitments under Towards 2016, be enforced by the ODERC.
That legislation will also introduce a number of new requirements of relevance to the ODERC. Existing arrangements in relation to the investigation by Labour Inspectors or authorised persons of particular employments in relation to employment rights and compliance will be strengthened. Provision will be made for investigations at the request of the Minister or on the ODERC's own initiative and for direct engagement by ODERC with the employer with a view to effecting timely resolution of cases. It is also proposed to provide for the publication of the outcome of investigations where this is in the public interest.
The revised arrangements will also provide that, in certain cases, the ODERC may take cases to the Courts with a view to securing convictions by way of prosecutions for summary or indictable offences, notwithstanding any redress actions that may be taken. Where the employer fails to make good the amounts of money which are owed to the employee under employment rights legislation redress will be obtained via the Rights Commissioner Service.
Provision will also be made for improved record keeping in order to protect workers' employment rights and to ensure consistency between statutory employment records and record keeping requirements for employers in relation to, for example, taxation and social welfare. Employers will have clear responsibilities in relation to the maintenance and production of up-to-date statutory records. Failure to do so will be a criminal offence subject to summary or indictable proceedings. Where redress proceedings in relation to non payment of statutory entitlements are being taken to the Rights Commissioners, Employment Appeals Tribunal, Labour Court or Court of Law, the onus of producing evidence of payments made or deductions from pay and hours worked will rest with the employer.
Statutory protection will be provided to an employee who, in good faith, has made a complaint to an appropriate authority, including to ODERC, against his or her employer under any employment rights provision and who is subsequently dismissed or otherwise penalised arising from the complaint.
In addition, the existing monitoring and inspection activity in relation to compliance in the electrical contracting sector will be strengthened by amending legislation to support new organisational arrangements while the ODERC will be empowered to join with the Department of Social and Family Affairs and the Revenue Commissioners to work together in the Joint Investigation Units.
Finally, the successful implementation of the new system of employment rights compliance sets challenging targets for us all; the Government, employers, employees and the Social Partners alike. I am confident that we can all respond positively to these challenges and build a compliance model which will serve us well into the future.
85 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment the position regarding the process of decentralisation of his Department; the number of staff in his Department who have, to date, applied for decentralisation; the number of these that have been decentralised; the number required to be decentralised under his Department’s decentralisation plan; and if he will make a statement on the matter. [32063/06]
My Department has been making good progress in the relocation of the required 250 posts to Carlow under the Government's Decentralisation Programme.
The number of posts in Business Units decentralising to Carlow, as at 10th October, is 280. Having regard to the agreed staffing transfer protocols governing decentralisation, my Department has approached all General Service staff who expressed a first preference before 7th September 2004, that is, "Priority Applications" for relocation to Carlow through the Central Application Facility.
Officials in my Department have analysed the "Two to Ten" priority applicants — those who before the 7th September 2004 deadline identified Carlow as their 2nd or subsequent choice. In addition, given that there still remains a deficit in some grades, my Department has assessed the post September 2004 CAF applicants, in line with Department of Finance policy.
My Department currently has 104 Carlow-bound applicants assigned within the Department, with a further 78 Carlow-bound applicants yet to be assigned to the Department. None of the required 250 staff have been decentralised to date. It is hoped to have all decentralising posts filled in sufficient time to ensure that staff are adequately trained in advance of the move to Carlow.
With regard to the property side of the Department's move, the Office of Public Works completed the purchase of a site in Carlow town centre late last year. On 31st May 2006, the OPW commenced the tendering process by seeking expressions of interest from developers in relation to the design, build, finance and maintenance of new office accommodation and car parking for the Department in Carlow.
On completion of this stage, a short-list of developers will be drawn up from whom tenders will be invited. Following the tender evaluation process the preferred tenderer will be requested to seek suitable planning permission. On obtaining this, the OPW will formally award the contract and construction will commence.
The OPW expect construction to begin late in 2007 and the construction phase may take up to 24 months.
In order to accommodate staff who wish to move earlier than the projected building completion date, officials of my Department, in consultation with the Department of Finance and the OPW, as well as decentralising staff and Business Units, are progressing an earlier move to Carlow, subject to securing high quality temporary accommodation. I expect this option to allow for the movement of approximately 80 decentralising staff to Carlow during the second quarter of 2007, on a voluntary basis.
87 Mr. M. Higgins asked the Minister for Enterprise, Trade and Employment the Government’s position regarding the proposal from the European Commissioner for Trade, Mr Mandelson, to impose tariffs on certain imports from China and Vietnam; his views on whether the outcome will be beneficial to Irish and European consumers; and if he will make a statement on the matter. [32037/06]
Ireland opposed the proposal by the European Commission for a Council Regulation imposing definitive anti-dumping duties on footwear from China and Vietnam. Ireland was of the view that the imposition of measures was not in the Community interest. In particular Ireland expressed concerns that the action proposed would result in price increases in footwear, particularly in children's shoes. The European Commission and other Member States were fully aware at all stages of consideration of the proposed imposition of anti-dumping duties that the proposed measures were unacceptable to Ireland.
In accordance with the European Union's basic anti-dumping regulations and rules, a proposal of this nature which is submitted to Council is adopted unless a simple majority reject it. At the Council of Ministers on 5th October, Ireland voted against the proposal. In the event, the proposal was adopted by Council in the absence of a simple majority of Member States opposed to the measures proposed by the European Commission.
89 Ms O’Sullivan asked the Minister for Enterprise, Trade and Employment the position regarding the process of decentralisation of each agency under the vote of his Department; the number of staff in each agency who have, to date, applied for decentralisation; the number of those that have been decentralised in each agency; the number required to be decentralised for each agency under his Department’s decentralisation plan; and if he will make a statement on the matter. [32064/06]
Four of the Agencies under the aegis of my Department are due to decentralise as follows:
FÁS is to move 383 posts to Birr, Co. Offaly; Enterprise Ireland is to move 292 posts to Shannon; The Health and Safety Authority is to move 110 posts to Thomastown, Co. Kilkenny, and The National Standards Authority of Ireland is to move 132 posts to Arklow, Co. Wicklow.
My Department continues to provide advice and support to each of the four Agencies in progressing their decentralisation programmes and there is a dedicated Agency Decentralisation Committee to drive the process forward. In addition, I am satisfied that each Agency is fully engaged in the process and taking all of the relevant steps to advance their decentralisation plans.
In outlining the current Agency position on decentralisation, it must be remembered that CAF data is based on "priority first preference" applications.
FÁS.
Under the Government's decentralisation programme, FÁS is due to transfer its head office including some 383 posts to Birr, County Offaly. To date, two of these posts have decentralised. To date, a total of 102 FAS staff have expressed an interest in relocating to Birr, broken down as follows:
26 FAS staff have volunteered to move (outside of CAF)
6 FAS staff have signed up through the CAF
34 New Entrants have signed contracts with the relocation clause
36 Promoted staff have signed contracts with the relocation clause, however following industrial action these cases will be examined by the parties in due course.
I understand that the number of applications received from within the civil and public service, amounts to 67, thus giving an overall total of 169 persons.
Enterprise Ireland.
The Government has decided that the Headquarters of Enterprise Ireland, including some 292 posts, will relocate to Shannon as part of the Decentralisation programme. To date none of these posts have relocated to Shannon.
The Central Applications Facility indicates that 19 Enterprise Ireland staff have applied for decentralisation to Enterprise Ireland in Shannon. Of these, 15 are based in Dublin and 4 are based outside Dublin. I understand that the number of applications received from within the civil and public service, including my Department, amounts to 33, thus giving a total overall of 52 persons.
Health and Safety Authority.
The Health and Safety Authority is to move 110 posts to Thomastown, Co. Kilkenny. To date a total of 62 people (11 HSA staff, 41 Civil Servants, 10 Public Servants) have expressed an interest in transferring to Thomastown. The Authority has been advised by OPW that as the site procurement is in the final stages, the current timeline for availability for occupancy is late 2008.
In advance of decentralising to Thomastown, in August 2006 the Authority established an interim office in Kilkenny city. Twelve staff, including staff recruited for the REACH (Registration, Evaluation and Authorisation of Chemicals) strategy, have recently relocated to that office in advance of moving to Thomastown. In addition, future staff, who will be recruited for the REACH strategy, will also be based in Thomastown. All staff that move in the interim to the Kilkenny office will transfer to Thomastown when the premises there are completed.
NSAI.
The National Standards Authority of Ireland, with a total of 132 staff, is to be relocated to Arklow. To date none of these posts have relocated to Arklow. The latest available CAF figures show a total of 107 first preference priority applications for Arklow from the wider public sector subject to the decentralisation programme. The number of staff in NSAI who have, to date, applied for decentralisation is 11. The number required to be decentralised is 132.
90 Mr. Howlin asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that the World Bank currently rates Ireland below 50th in the world for hiring and firing staff and for registering property and below 20th in the world for both ease of paying taxes and enforcing contracts; if his attention has been drawn to the fact that the only criterion under World Bank ease of doing business statistics in which Ireland rates in the top ten is that for closing a business; his plans to improve these ratings; his views on whether there are significant procedural and bureaucratic impediments for foreign investors trying to do business here; and if he will make a statement on the matter. [32039/06]
The World Bank research entitled, ‘Doing Business, Benchmarking Business Regulations' is one of several benchmarking reports by international organisations. The WEF, IMD, and the Global Entrepreneurship Monitor also benchmark our performance in many of these areas. These are useful tools for identifying broad trends nationally and internationally. I note the World Bank ranks Ireland tenth among 175 economies in terms of ease of doing business. In addition, the World Economic Forum data ranks us 4th in the OECD in terms of business regulation, a position we have sustained for several years.
The National Competitiveness Council's Annual Report, published on 10 October, shows that the level of business regulation is perceived as low in Ireland. Also, in terms of starting a business, there are a relatively low number of procedural requirements in Ireland. The NCC Report also notes that Irish labour market regulations are not perceived to have a significant impact on business activity.
The specific World Bank report index referred to by the Deputy appears to perceive the protection of employees such as statutory redundancy entitlements and unfair dismissals legislation as a ‘negative'. However, in a broader view, such as that articulated by the National Economic and Social Council, social policy and economic prosperity are seen as complementary rather than mutually exclusive in a successful economy.
In terms of influence on investment, the figures speak for themselves. The NCC Report published yesterday records that Ireland continues to attract a large number of greenfield investments from abroad. When adjusted for population the number of greenfield projects is considerably higher in Ireland than the OECD average. Ireland ranks second only to Singapore in the benchmarked countries.
91 Mr. Broughan asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the significant drop in external trade experienced in April 2006; if an analysis has been undertaken to establish the reason for this fluctuation; if so, the findings of this analysis; and if he will make a statement on the matter. [32038/06]
I am aware that the Irish merchandise exports decreased by 12% in value terms in April of this year, relative to March. The decrease was mainly due to a fall in exports of goods, for example, chemicals, medical and pharmaceuticals, manufactured goods and computers, to some of our main trading partners such as Great Britain, Belgium, France, Germany, the US and Japan.
While any decrease in trade figures is disappointing., it is important to bear in mind, however, that a month on month comparison of figures does not provide a sufficient basis for analysis with regard to establishing a particular trend. Because of the cyclical nature of exporting, and also the dominance of multinational companies in the Irish exporting sector, who often vary their exporting patterns for strategic reasons, one cannot attribute too much significance to a month on month comparison of figures. In fact, figures released by the CSO for May 2006, show that subsequently exports increased by 17% relative to April 2006, but fell back again in June only to recover again in July, increasing by 5%.
A more reliable indicator of Ireland's trading position is to look at a longer period of perhaps six months, or a year on year comparison. In that context, figures published by the CSO, in September, for the first six months of the year, showed an increase of 3% relative to the same period in 2005. Full year comparisons between 2005 and 2004, show that the value of exports increased by over 5%. This follows an increase of 3% overall for exports in 2004 when compared with 2003. I am confident that when the end of year figures are available for 2006, the figures will attest to the fact that Irish exports are continuing to increase year on year, and that Irish exporters are performing well in a difficult global trading environment.
92 Mr. Bruton asked the Minister for Enterprise, Trade and Employment his views on the statement by a person (details supplied) who has said a slowdown in the US economy could result in up to 90,000 job losses by 2010 here; and if he will make a statement on the matter. [31915/06]
Over the past four years, the labour force has grown by 267,400 and employment by 253,100. The latest ESRI quarterly economic commentary has forecast that employment is to grow by a further 71,000 in 2007. It is of interest to note that the worst-case scenario by the ESRI of 90,000 Irish job losses over the next 4 years is a similar figure to the 87,800 jobs our economy has created just in the past 12 months.
As a small open economy Ireland is vulnerable to any downturn in the global economy. While economic developments in the United States will always impact on our economy, it is difficult to predict the precise effect with any degree of accuracy. Competitiveness remains a key objective and although the Irish economy is noted for its openness, it is also remarkably robust. When the so-called ‘dot com bubble' burst in the early years of this decade, Ireland was well placed to maintain one of the highest growth rates in Europe and one of the most impressive rates of employment growth in the OECD. In those years (2001-2003), our GNP growth still ranged between 2.8% and 5.5% per annum and unemployment annual average stayed below 5%.
Ireland has become a more open and outward looking country that is capable of leveraging trade globalisation for its own purposes. A key objective of enterprise policy is to encourage the establishment and growth of new companies in high-tech sectors such as biotechnology, nanotechnology, photonics, digital media and functional foods. Associated with this has been the emergence of some dynamic indigenous companies, principally in the high tech sectors that are competing in global markets. In addition, strenuous efforts are being made to get foreign owned companies more embedded in the Irish economy, with as many functions as is practicable being carried out here, giving a more permanent base to these enterprises.
There is now a greater balance in our trading pattern. The destination of exports has been dramatically transformed, with the European Union now accounting for over 60% of the total and the USA accounting for about 20%. Efforts to explore new markets are ongoing with new opportunities for Irish companies materialising in distant markets.
The educational and training levels attained within the labour force has resulted in the availability of an adaptable and flexible workforce. This is essential for both employees and companies in order to meet the skills changes required in market conditions that are constantly changing. Continuing and increased investment in human capital is part of current policy to assist in maintaining and improving our economic success.
93 Mr. Noonan asked the Minister for Enterprise, Trade and Employment if he will explain his decision not to subsume Shannon Development into Enterprise Ireland; and if he will make a statement on the matter. [31921/06]
No proposal has been under consideration to subsume Shannon Development into Enterprise Ireland.
The Deputy may be referring to the new mandate which I recently assigned to Shannon Development whereby, following a recommendation from the Enterprise Strategy Group and subsequently approved by the Government, the functions hitherto carried out by the Company under delegated authority from Enterprise Ireland will revert to Enterprise Ireland on 1 January 2007, thereby allowing Shannon Development greater focus on the broader regional economic development aspects of its remit.
94 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment the progress to date in the implementation of the recommendations of the Enterprise Strategy Group; and if he will make a statement on the matter. [32050/06]
The Action Plan to progress implementation of the Enterprise Strategy Group's recommendations is well advanced. To ensure that momentum is maintained in putting their recommendations into operation I appointed the Enterprise Advisory Group, which has an important monitoring role in the implementing process.
In total the Action Plan contained 47 recommendations and thus far almost all have been implemented or are significantly advanced. Many are being put into operation through my recently published Strategy on Science, Technology and Innovation, the forthcoming National Development Plan, the new partnership Agreement Towards 2016, initiatives and programmes of the enterprise development agencies and through other Government programmes and policies.
Some ESG recommendations connect with the findings of subsequent reports, such as that of the Small Business Forum, and I am taking this opportunity to build on the original ESG report and progress it through new strands of developing enterprise policy.
95 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the numbers of employers prosecuted to date in 2006 for breaches of health and safety law; and the amount of fines imposed on the employers found guilty. [31646/06]
The number of employers prosecuted by the Health and Safety Authority to date in 2006 for breaches of health and safety law is 22 and the amount of fines imposed by the Courts is €361,000. 9 of the cases were heard in the District Court and 13 in the Circuit Court.
In addition, 3 individuals were prosecuted on indictment in the Circuit Court for breach of occupational safety and health legislation. In one case a fine of €50,000 was applied and sentencing is to take place later in the other 2 cases concerned.
96 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment when the National Consumer Agency will be put on a statutory footing; and if he will make a statement on the matter. [31907/06]
Preparations in relation to the establishment of the new National Consumer Agency are well underway. The General Scheme of the Consumer Protection (National Consumer Agency) Bill, which will give statutory effect to the new Agency, was published by my Department on 24th August 2006. The scheme of the Bill is currently with Parliamentary Counsel for priority drafting as agreed by the Government. I expect that the Bill itself will be published during this session and that the new National Consumer Agency will be established on a statutory basis early in 2007.
98 Ms O’Sullivan asked the Minister for Enterprise, Trade and Employment if he will report on the work to date in 2006 of Enterprise Ireland; the amount of new investment here being supported by Enterprise Ireland; and if he will make a statement on the matter. [32051/06]
The day to day work and investment decisions of Enterprise Ireland are matters for the agency itself, and not ones in which I am directly involved. Enterprise Ireland provides a detailed breakdown of approvals, payments and all significant activities relating to the implementation of the Agency's strategy in its Annual Report. The most recent annual report, which covered the period January to December 2005, included a full set of audited accounts and was published on 20th June 2006.
Launched in 2005, Enterprise Ireland's current strategy document ‘Transforming Irish Industry 2005-2007' sets out a number of targets against performance which Enterprise Ireland aim to achieve over the three year period. The targets include €3 billion in new export sales by year end 2007; an increase to 596 in the number of firms engaged in meaningful R&D (€100,000+) by 2007; an increase to 42 in the number of firms engaged in significant R&D (€2 million+) by 2007; support for the creation of 210 high potential start-up companies and a commitment to drive export readiness by implementing productivity and competitiveness improvement projects in over 300 firms. Significant progress was made in 2005 by Enterprise Ireland against these targets, as reported in its 2005 Annual Report.
Enterprise Ireland continues to implement the strategy set out in ‘Transforming Irish Industry 2005-2007' and will report on progress against specific targets in the 2006 Annual Report. In terms of 2006 activities, Enterprise Ireland has approved €112.5 million to client companies. This funding has been for specific company and enterprise development projects including investment in commercialisation of research, applied and collaborative R&D, productivity improvement projects, training and management development and export development.
In 2006 to date, Enterprise Ireland has been involved in a number of high profile activities. These include the launch of a new €175 million round of Seed and Venture Capital funds; the approval of €7 million for 24 Community Enterprise Centres, and the provision of an Enterprise Ireland fund of €30 million to strengthen university technology transfer offices. Also, 94 companies have been approved funding under Enterprise Ireland's Productivity Improvement Fund launched in May, 2005.
Enterprise Ireland is implementing a number of recommendations arising out of the Enterprise Strategy Group (ESG) report ‘Ahead of the Curve', and the subsequent Government Action Plan. The actions include the implementation of a €2.5 million Industry Led Networks pilot. The first call for proposals took place on March 3rd 2006 and resulted in the approval of facilitation funding for 17 Networks to assist in the development of a collaborative project. Full project funding for two networks was also approved, one of which is a North-South collaboration. The second call closed on July 28th and applications are currently being assessed.
Another outcome from the implementation of the ESG recommendations, through the Government Action Plan, is Enterprise Ireland's International Selling Programme, which commenced on 10th February, 2006. This innovative programme is designed to assist exporting companies to develop international sales strategies. Some 32 participants, representing 30 companies from across all sectors, are enrolled on this course.
This year Enterprise Ireland was also involved in the design of a fund for the Dairy Sector which was announced by my colleague Ms Mary Coughlan T.D. Minister for Agriculture and Food. Enterprise Ireland will administer the Fund which is designed to improve efficiency in the sector, and to act as a catalyst for the development of the dairy industry in Ireland. The investment will include some €100 million of Government grant assistance.
A number of trade missions were also organised and managed by Enterprise Ireland in 2006, ensuring that Irish companies continue to seek out and secure new export sales in existing and emerging markets throughout the world. To date, trade events have included trade missions to South Africa, Australia, India, China, Japan and the Ukraine.
99 Mr. Stanton asked the Minister for Enterprise, Trade and Employment the take up of employer grants and schemes which support the employment of people with disabilities; the reasons for the low take up rates; if the total budget allocated to these services and schemes in 2005 was used in full; the way he will improve take-up rates of same and the number of people with disabilities in employment; and if he will make a statement on the matter. [32087/06]
The dedicated budget for FÁS programmes for people with disabilities during 2005 totalled €62.317 million. The actual expenditure of this budget amounted to €56.737 million, representing an underspend of €5.58 million. The principal underspend occurred in the budget for the Wage Subsidy Scheme, due to its later than expected introduction in 2005. The Wage Subsidy Scheme is being actively promoted by FÁS and its impact will be reviewed in the near future by the Department of Enterprise Trade & Employment.
Actual expenditure covered the following activities (the budget allocation is indicated in brackets):
Specialist Training Provision — €44.783m (€44.155m)
Wage Subsidy Scheme (including Pilot Employment Programme) — €4.882m (€8.194m)
Supported Employment Programme — €6.578m (€7.968m)
Disability Support/Awareness — €0.494m (€2.0m)
Considerable efforts have been made to increase public awareness through the IBEC/ICTU Workway Programme, co-sponsorship of the Ability Awards, the Three Sixty TV series, the FÁS Ability in the Workplace campaign, and related activities. Efforts are being reinforced to further improve the take up of funding that has been dedicated to improving the position of those with disabilities in the labour market. These include the provision of bridging programmes to facilitate progress between rehabilitative and open training programmes; the progressive removal of remaining financial and benefit disincentives and the evaluation and assessment of the relevance and impacts of existing training and progression systems.
Between 2002 and 2005, FÁS has realised over 29,000 placements of people with disabilities in open labour market employment, training and employment programmes. Since 2002 the FÁS budget for vocational training and employment for people with disabilities has increased from €54 million to a total of almost €75 million in 2006, €67 million of which relates to vocational training and employment services.
The Sectoral Plan recently published by the Department of Enterprise, Trade and Employment in the context of the Disability Act, 2005 will set the agenda for future work. The Plan provides for a Comprehensive Employment Strategy for people with disabilities. The Sectoral Plan represents a clear step forward in working to improve access to employment for people with disabilities, and a comprehensive outline of this Department's commitment in that regard.
101 Mr. F. McGrath asked the Taoiseach the position regarding the Northern talks. [32416/06]
Prime Minister Blair and I will host multi-party talks between the two Governments and the Northern Ireland political parties from the 11th to the 13th of October. These talks will take place in St. Andrews in Scotland. The purpose of these discussions is to address the few remaining outstanding issues so that the institutions can be restored over the coming weeks. I hope that all the political parties will come to Scotland willing to work for agreement. Every effort will be made by the Governments to promote agreement by the November deadline.
102 Mr. J. O’Keeffe asked the Taoiseach the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32431/06]
The McCracken Tribunal (Dunnes Payments) was completed in 1997 and the terms of reference are at Appendix 1. The cost of the tribunal was €6,655,332.
The Moriarty Tribunal commenced in 1997 and the terms of reference are at Appendix 2. The cost of the tribunal to 30 September, 2006 is €25,232,028. The completion date at the existing level of remuneration is the end of January 2007.
The late Mr. Justice Liam Hamilton was appointed as Sole Member of a Commission of Inquiry on 19 December, 1999 but resigned on 2 October, 2000 due to ill health. Mr. Justice Henry Barron succeeded Mr. Justice Liam Hamilton. The Commission of Inquiry was established to look at a series of incidents related to the Northern troubles, which occurred during the 1970's. The full terms of reference of each of the Commission's reports are at Appendix 3.
The Inquiry has prepared the following reports:
Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings of 1974 — presented to the Taoiseach on 29 October 2003;
Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973 — presented to the Taoiseach on 29 June 2004;
Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow — presented to the Taoiseach on 20 October 2004; and
Report of the Independent Commission of Inquiry into the bombings of Kay's Tavern, Dundalk on 19 December 1975 — presented to the Taoiseach on February 2006.
These reports were all referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for their consideration.
The Taoiseach received the final report from Justice Barron in February 2006. This was referred to the Joint Committee on Justice, Equality, Defence and Women's Rights in July 2006. This concludes the work of the Inquiry. The total amount spent by the Barron Inquiry is €3,511,005.05 (including third party costs of €1,027,549.49).
In accordance with the recommendations of the Joint Committee on Justice, Equality, Defence and Women's Rights which considered the Barron Report on the Dublin/Monaghan Bombings, the Government appointed Mr. Patrick MacEntee S.C. as Sole Member of a Commission of Investigation to examine specific matters relating to the Dublin and Monaghan Bombings of 1974, including aspects of the Garda investigation and missing documentation. The appointment was made on 26 April, 2005. The terms of reference of the Commission of Investigation are at Appendix 4. The total amount spent by the Commission of Investigation to date is €1,703,459.88.
I have granted five extensions of the timeframe for the completion of the Report from 14 November, 2005 to 31 January, 2006 and again to 28 February, 2006 and again to 31 May, 2006, following that to 31 July, 2006 and most recently to 31 October, 2006.
Appendix 1
Terms of Reference
Dunnes Payments (McCracken) Tribunal
The terms of reference of the Tribunal were
To enquire urgently into, and report to the Clerk of the Dáil and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:—
(a) all payments in cash or in kind directly or indirectly whether authorised or unauthorised within or without the State which were made to or received by
(i) persons who were between 1st January 1986 and 31st December, 1996, members of the Houses of the Oireachtas,
(ii) their relatives or connected persons as defined in the Ethics in Public Office Act, 1995,
(iii) Political parties
from Dunnes Holding Company and/or any associated enterprises... and/or Mr. Ben Dunne or any person on his behalf or any companies trusts or other entities controlled directly or indirectly by Mr. Ben Dunne between 1st January 1986 and 31st December, 1996, and the considerations, motives and circumstances thereof.
Appendix 2
Terms of Reference Moriarty Tribunal
WHEREAS a Resolution in the following terms was passed by Dáil Éireann on the 11th day of September, 1997 and by Seanad Éireann on the 18th day of September, 1997.
"Bearing in mind serious public concern arising from the Report of the Tribunal of Inquiry (Dunnes Payments) published on 25 August, 1997, which established that irregular payments were made to and benefits conferred on certain persons who were members of the Houses of the Oireachtas between 1 January, 1986, and 31 December, 1996.
And noting that the said Tribunal established that money was held on deposit in certain Irish banks by offshore banks in memorandum accounts ("the Ansbacher accounts") for the benefit of Irish residents including Mr Charles Haughey (the history of which deposits is set out in Chapter 6 of the Report of the said Tribunal),
And noting further that the Dunnes Payments Tribunal was unable by reason of its terms of reference to investigate the source of the Ansbacher accounts, other than in respect of sums paid by certain persons referred to in the said terms of reference.
Resolves that it is expedient that a Tribunal be established under the Tribunals of Inquiry (Evidence) Act, 1921, as adapted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to inquire urgently into and report to the Clerk of the Dáil and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:
a. Whether any substantial payments were made, directly or indirectly, to Mr Charles Haughey (whether or not used to discharge monies or debts due by Mr Charles Haughey or due by any company with which he was associated or due by any connected person to Mr Charles Haughey within the meaning of the Ethics in Public Office Act, 1995 or discharged at his direction) during any period when he held public office commencing on 1st January, 1979 and thereafter up to the 31st December, 1996 in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any public office held by him or had the potential to influence the discharge of such office.
b. The source of any money held in the Ansbacher accounts for the benefit or in the name of Mr Charles Haughey or any other person who holds or has held Ministerial office, or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Haughey or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act, 1995, or for the benefit or in the name of any company owned or controlled by Mr Haughey.
c. Whether any payment was made from money held in any of the accounts referred to at (b) to any person who holds or has held public office.
d. Whether Mr Charles Haughey did any act or made any decision in the course of his Ministerial offices, to confer any benefit on any person making a payment referred to in paragraph (a) or any person who was the source of money referred to in paragraph (b), or any other person in return for such payments being made or procured or directed any other person to do such an act or make such a decision.
e. Whether any substantial payments were made directly or indirectly to Mr Michael Lowry (whether or not used to discharge monies or debts due by Mr Michael Lowry or due by any company with which he was associated or due by any connected person to Mr Michael Lowry within the meaning of the Ethics in Public Office Act, 1995 or discharged at his direction), during any period when he held public office in circumstances giving rise to a reasonable inference that the motive for making the payment was connected with any public office held by him or had the potential to influence the discharge of such office.
f. The source of any money held in the Bank of Ireland, Thurles branch, Thurles, Co. Tipperary, the Allied Irish Bank in the Channel Islands, the Allied Irish Banks, Dame Street, Dublin, the Bank of Ireland (I.O.M.) Limited in the Isle of Man, the Irish Permanent Building Society, Patrick Street branch, Cork or Rea Brothers (Isle of Man) Limited, in accounts for the benefit or in the name of Mr Lowry or any other person who holds or has held Ministerial office or in any other bank accounts discovered by the Tribunal to be for the benefit or in the name of Mr Lowry or for the benefit or in the name of a connected person within the meaning of the Ethics in Public Office Act, 1995, or for the benefit or in the name of any company owned or controlled by Mr Lowry.
g. Whether Mr Lowry did any act or made any decision in the course of any Ministerial office held by him to confer any benefit on any person making a payment referred to in paragraph (e) or any person who was the source of any money referred to in paragraph (f) or on any other person in return for such payments being made or procured or directed any other person to do such act or make such decision.
h. Whether any payment was made from money held in any of the bank accounts referred to at (f) to any person who holds or has held public office.
i. Whether any holder of public office for whose benefit money was held in any of the accounts referred to at (b) or (f) did any act, in the course of his or her public office, to confer any benefit on any person who was the source of that money, or directed any person to do such an act.
j. Whether the Revenue Commissioners availed fully, properly and in a timely manner in exercising the powers available to them in collecting or seeking to collect the taxation due by Mr Michael Lowry and Mr Charles Haughey of the funds paid to Michael Lowry and/or Garuda Limited trading as Streamline Enterprises identified in Chapter 5 of the Dunnes Payments Tribunal Report and any other relevant payments or gifts identified at paragraph (e) above and the gifts received by Mr Charles Haughey identified in Chapter 7 of the Dunnes Payments Tribunal Report and any other relevant payments or gifts identified at paragraph (a) above.
And further in particular, in the light of its findings and conclusions, to make whatever broad recommendations it considers necessary or expedient:—
k. to ensure that the integrity of public administration is not compromised by the dependence of party politics on financial contributions from undisclosed source
l. for the reform of the disclosure, compliance, investigation and enforcement provisions of company law (including in particular those which relate to directors' duties).
m. for maintaining the independence of the Revenue Commissioners in the performance of their functions while at the same time ensuring the greatest degree of openness and accountability in that regard that is consistent with the right to privacy of compliant taxpayers
n. for enhancing the role and performance of the Central Bank as regulator of the banks and of the financial services sector generally
o. for the effective regulation of the conduct of their members by such professional accountancy and other bodies as are relevant to these terms of reference, for the purpose of achieving the highest degree of public confidence, and
p. for the protection of the State's tax base from fraud or evasion in the establishment and maintenance of offshore accounts, and to recommend whether any changes in the tax law should be made to achieve this end.
"Payment" includes money and any benefit in kind and the payment to any person includes a payment to a connected person within the meaning of the Ethics in Public Office Act, 1995.
"Person" includes any natural or legal person or any body of persons whether incorporated or not.
And that the Tribunal be requested to conduct its enquiries in the following manner, to the extent that it may do so consistent with the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979:—
i. To carry out such investigations as it thinks fit using all the powers conferred on it under the Acts (including, where appropriate, the power to conduct its proceedings in private), in order to determine whether sufficient evidence exists in relation to any of the matters referred to above to warrant proceeding to a full public inquiry in relation to such matters,
ii. To enquire fully into all matters referred to above in relation to which such evidence may be found to exist, and to report to the Clerk of the Dáil thereupon,
iii. In relation to any matters where the Tribunal finds that there is insufficient evidence to warrant proceeding to a full public inquiry, to report that fact to the Clerk of the Dáil and to report in such a manner as the Tribunal thinks appropriate, on the steps taken by the Tribunal to determine what evidence, if any, existed,
iv. To report on an interim basis, not later than three months from the date of establishment of the Tribunal or the tenth day of any oral hearing, whichever shall first occur, to the Clerk of the Dáil on the following matters:
the numbers of parties then represented before the Tribunal;
the progress which has been made in the hearing and the work of the Tribunal;
the likely duration (so far as that may be capable of being estimated at that time) of the Tribunal proceedings:
any other matters which the Tribunal believes should be drawn to the attention of the Clerk of the Dáil at that stage (including any matter relating to the terms of reference);
And that the person or persons selected to conduct the Inquiry should be informed that it is the desire of the House that—
a. the Inquiry be completed in as economical a manner as possible and at the earliest date consistent with a fair examination of the matters referred to it, and
b. all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Inquiry should, so far as is consistent with the interests of justice, be borne by those individuals.
And that the Clerk of the Dáil shall on receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt."
NOW I, Bertie Ahern, Taoiseach, in pursuance of those Resolutions, and in exercise of the powers conferred on me by section 1 (as adapted by or under subsequent enactments) of the Tribunals of Inquiry (Evidence) Act, 1921, hereby order as follows:
1. This Order may be cited as the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979 (No. 2) Order, 1997.
2. A Tribunal is hereby appointed to enquire urgently into and report and make such findings and recommendations as it sees fit to the Clerk of the Dáil on the definite matters of urgent public importance set out at paragraphs (a) to (b) of the Resolutions passed by Dáil Éireann on the 11th day of September, 1997, and by Seanad Éireann on the 18th day of September, 1997.
3. The Honourable Mr Justice Michael Moriarty, a Judge of the High Court, is hereby nominated to be the Sole Member of the Tribunal.
4. The Tribunals of Inquiry (Evidence) Act, 1921 (as adapted by or under subsequent enactments) and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, shall apply to the Tribunal.
Appendix 3
Terms of Reference — Dublin and Monaghan Bombings of 1974
"To undertake a thorough investigation and involving fact-finding and assessment, of all aspects of the Dublin/Monaghan bombings and their sequel, including
the facts, circumstances, causes and perpetrators of the bombings;
the nature, adequacy and extent of the Garda Investigation, including the co-operation with and from the relevant authorities in Northern Ireland and the handling of evidence, including the scientific analyses of forensic evidence;
the reasons why no prosecution took place, including whether and if so, by whom and to what extent the investigations were impeded; and
the issues raised by the Hidden Hand T.V. documentary broadcast in 1993."
Terms of Reference — Dublin Bombings of 1972 and 1973
In January 2002, the Inquiry was asked by the Government whether its report into the Dublin/Monaghan bombings could also reflect the consideration of a number of other bombings and shootings which took place in the State in the 1970's. Following a preliminary examination of the remaining incidents, the Inquiry felt that the bombings of Dublin in 1972 and 1973 should be treated in a separate report. This is this report.
Terms of Reference — Shooting of Seamus Ludlow
"To undertake a thorough investigation, involving fact-finding and assessment, of all aspects of the killing of Seamus Ludlow, including
the facts, circumstances, causes and perpetrators of the killing;
the nature, extend and adequacy of Garda investigations, including the co-operation with and from the relevant authorities in Northern Ireland;
the reasons why no prosecution took place, including whether and if so, by whom and to what extent the possibility of the initiation of criminal proceedings was impeded; and
the material, information and evidence presented at the inquest into Mr Ludlow's death and the circumstances relating to the non-attendance of relatives of Mr Ludlow at the inquest."
Terms of Reference — Bombings of Kay's Tavern, Dundalk on 19 December 1975
"To undertake a thorough examination, involving fact finding and assessment, of all aspects of the Dundalk bombing and its sequel, including the facts and circumstances of, and the background to, the bombing, having regard to the Garda investigation of the bombing, including the co-operation with and from the relevant authorities in Northern Ireland.
The Dundalk bombing refers to the bomb explosion that took places in Dundalk on 19 December 1975."
Appendix 4
Terms of Reference (Commission of Investigation):
To undertake a thorough investigation and make a report on the following specific matters considered by the Government to be of significant public concern.
(1) Why the Garda investigation into the Dublin and Monaghan bombings was wound down in 1974?
(2) Why the Gardaí did not follow-up on the following leads:
(i) information that a white van, with an English registration plate, was parked outside the Department of Posts and Telegraphs in Portland Row and was later seen parked in the deep sea area of the B&I ferry port in Dublin, and the subsequent contact made with a British Army officer on a ferry boat leaving that port;
(ii) information relating to a man who stayed in the Four Courts Hotel between 15 and 17 May, 1974 and his contacts with the UVF;
(iii) information concerning a British Army corporal allegedly sighted in Dublin at the time of the bombings;
and
(3) In relation to the missing documentation;
(i) the exact documentation (Departmental, Garda intelligence and any other documentation of relevance) that is unaccounted for;
(ii) the reasons explaining why the documentation went missing;
(iii) whether the missing documentation can now be located; and
(iv) whether the systems currently in place are adequate to prevent a re-occurrence of such documentation going missing.
To take account of investigative work already undertaken into the Dublin and Monaghan bombing's of 1974, including the Report of the Independent Commission of Inquiry, the Final Report of the Joint Committee on Justice, Equality, Defence and Women's Rights, Inquest Statements and the Internal Garda Investigation.
To provide a final report to An Taoiseach not later than six months from the date of establishment of the Commission.
103 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress or status of discussions at the European Union regarding the council framework decision on racism and xenophobia; and if he will make a statement on the matter. [32389/06]
The proposal for a Council Framework Decision on combating racism and xenophobia was presented by the Commission in November 2001. From the outset, Ireland took a positive approach to the negotiations on the proposal. The primary Irish objective in the negotiations was to ensure that our constitutional guarantee of freedom of expression was not compromised.
Following extensive discussions, in April 2003 the then Presidency conceded that it was unable to obtain final agreement on the proposal. In preparation for the Irish Presidency in 2004, I visited the Capitals of Member States for an exchange of views with Justice and Interior Ministers on many issues relevant to our Presidency, including whether there was any realistic chance that agreement could be reached on this Framework Decision.
As it was clear to me that positions had not changed, and it was unlikely that they would change in the timeframe of the Irish Presidency, I reluctantly concluded that attempting to initiate further discussions at that stage would divert resources which would be better concentrated on issues where there was a possibility of agreement. A subsequent attempt to obtain agreement on the proposal also failed. I now have reason to believe that discussions on the Framework Decision may recommence in the near future.
I hope that any forthcoming discussions will be successful with all Member States being in a position to agree a final text. At that time I will seek the approval of the Government and the Houses of the Oireachtas to it.
104 Ms O. Mitchell asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will clarify the term city station status that was used in a recent parliamentary question reply in referring to Garda stations; the implications of city station status; and if he will make a statement on the matter. [32158/06]
I am informed by the Garda authorities that the term City Type Station is used to describe a Station which is inside an urban area operating on a 24 hour basis that is not a District or Divisional Headquarters Station.
105 Mr. Neville asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of children and teenagers who have been placed in adult prisons since the beginning of 2006. [32228/06]
There are currently no places reserved solely for juveniles in the prison system. In practice, the majority of juveniles committed to custody are detained in St. Patrick's Institution which is a closed institution reserved in law exclusively for offenders aged 16 to 21 years.
I am advised by the Director General of the Irish Prison Service that 243 persons aged under 18 years were committed to its custody during the period 1 January to 9 October, 2006. Of these, 197 persons (82%) were committed to St Patrick's Institution. The number of persons aged either 18 or 19 committed to custody during the same time period was 671.
106 Mr. F. McGrath asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to a situation (details supplied); and the position in relation to this matter. [32229/06]
I am informed by the Garda authorities that the incident referred to was the subject of a full investigation by the Fraud Squad in the 1980s. An investigation file was submitted to the Law Officers who directed no prosecution. There have been no recent developments in this matter.
107 Dr. Cowley asked the Tánaiste and Minister for Justice, Equality and Law Reform the cost to his Department of the increased Garda presence at Ballinaboy Shell refinery; the cost to date; the projected costs and if Shell are paying for this Garda presence; and if he will make a statement on the matter. [32230/06]
I have been informed by the Garda authorities that the cost (excluding salaries) incurred to date by An Garda Síochána in respect of policing duties carried out at the location referred to by the Deputy is €675,639.
Organisations are normally charged by An Garda Síochána for duties of a non-public nature. I have been informed that as the type of duty performed by Gardaí at the location is of a public nature the question of the reimbursement of costs does not arise. I have been further informed that projected costs for a continued Garda presence at Ballinaboy have not yet been finalised.
108 Dr. Cowley asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of gardaí who have been deployed in north Mayo in relation to the Ballinaboy Shell facility and are still being deployed; the locations where these gardaí have come from and the divisions; and if he will make a statement on the matter. [32231/06]
I have been informed that a total of 114 Gardaí (all ranks) were moved on Temporary Transfer to Belmullet Garda Station on 2 October, 2006. I have also been informed that 45 Gardaí (all ranks) returned to their permanent Stations in the Dublin Metropolitan Region with effect from 5 October, 2006.
Garda Management state that the number of Gardaí (all ranks) deployed from each Division on 2 October, 2006, and those who returned to stations in the Dublin Metropolitan Region from 5 October, 2006, was as set out in the table hereunder:
|
Division |
No. Deployed |
Returned 5/10/2006 |
|
D.M.R.S.C |
8 |
8 |
|
D.M.R.N.C |
8 |
8 |
|
D.M.R.N |
5 |
5 |
|
D.M.R.E |
8 |
8 |
|
D.M.R.S |
6 |
6 |
|
D.M.R.W |
6 |
6 |
|
D.M.R. Traffic |
4 |
4 |
|
Cork City |
8 |
|
|
Cork North |
5 |
|
|
Kerry |
5 |
|
|
Limerick |
6 |
|
|
Donegal |
5 |
|
|
Cavan/Monaghan |
10 |
|
|
Sligo/Leitrim |
7 |
|
|
Longford/Westmeath |
6 |
|
|
Louth/Meath |
6 |
|
|
Carlow/Kildare |
5 |
|
|
Laois/Offaly |
6 |
It is the responsibility of Garda management to allocate personnel to and within Divisions on a priority basis in accordance with the requirements of different areas. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Garda management state that such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year.
Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.
109 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform when it is expected that Mary Street Garda station, Limerick will be refurbished and fully re-staffed; and if he will make a statement on the matter. [32232/06]
I am awaiting a decision from the Garda authorities on the long term plans for Mary Street Garda Station.
110 Ms Enright asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question Nos. 539, 540 and 541 of 6 July 2006, when the investigation will be completed; and if he will make a statement on the matter. [32291/06]
I refer the Deputy to my reply to Parliamentary Questions Nos. 217, 229, 234, 237 and 239 of 3 October, 2006.
111 Mr. Curran asked the Tánaiste and Minister for Justice, Equality and Law Reform when a closed circuit television system will be installed in Clondalkin village; when it will be operational; and the locations where cameras are to be situated. [32292/06]
As the Deputy is aware, Clondalkin is one of 17 areas set to receive a Garda CCTV system under the Garda CCTV Programme. The Garda authorities are currently finalising a detailed Request for Tender (RFT) for the outsourced service provision of 17 Garda CCTV systems in the following towns: Athlone, Ballyfermot, Carlow, Castlebar, Clondalkin, Clonmel, Drogheda, Dungarvan, Ennis, Kilkenny, Kinsale, Mullingar, Portlaoise, Sligo, Tallaght, Tullamore and Waterford. The locations above are listed in alphabetical order.
As I have indicated previously, I am anxious to accelerate the implementation of this CCTV programme and reduce as far as possible the workload of the Garda Síochána in this regard. I believe that the answer is to outsource the installation of Garda CCTV systems to the greatest extent possible, making use not only of the technical but also of the project management expertise in the private sector.
Garda Management and my Department are currently in consultation with the Department of Finance with a view to proceeding as quickly as possible with the procurement process to contract outsourced service providers for the development, installation and management of these CCTV systems, including Clondalkin. This is now the subject of a "peer review" process organised by the Department of Finance.
Following the successful conclusion of this review it is intended to issue the Request for Tender. I am further informed by the Garda authorities that the proposed CCTV system for Clondalkin will consist of 13 cameras, as follows:
1. Tower Road/ Convent Road/ Main St.
2. Tower Road/ Tower Shopping Centre
3. Orchard Road/ Ninth Lock Road
4. Orchard Road/ Watery Lane
5. Main Street / New Road
6. Monastery Road
7. Newlands Retail Centre
8. Green Park
9. Bawnogue Shopping Centre
10. St. Cuthbert's Road/ Kilmahuddrick Roundabout
11. St. Cuthbert's Road/ Westbourne Roundabout
12. Ninth Lock Road / Service Station
13. Woodford Shops
112 Mr. Curran asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on moving another section of his Department to Clondalkin following the decentralisation to the Irish Prison Service Headquarters from Clondalkin to Lucan. [32293/06]
As the Deputy will be aware, the Irish Prison Service is scheduled to relocate to Longford in May, 2007. This means that the office accommodation currently occupied by the Prison Service in Clondalkin will be vacated and freed up for other uses. My Department is currently considering the question as to what other (if any) use this accommodation may provide.
113 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform further to a previous parliamentary question of 27 September 2006, if his attention has been drawn to the fact that the complaint relates to a detailed memo submitted to the gardaí at Mountjoy Garda station, Dublin 7 regarding an incident (details supplied). [32393/06]
I have requested a report from the Garda authorities in respect of the matters concerned and I will revert to the Deputy when this report is to hand.
114 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform if a complaint (details supplied) has been investigated by the Garda authorities; if a full explanation and an apology has issued to person concerned; and if he will make a statement on the matter. [32394/06]
I am informed by the Garda authorities that the person concerned contacted their local Garda Station at 5.00 am approximately on 23 July, 2006 reporting an attempted break-in to a house in their area. At the time the Garda patrol car in the area was busy dealing with a violent incident that required back-up. A patrol car from another Garda District was requested to attend to the matter and arrived at the scene at 5.40 am approximately. A search of the area for any sighting of the person as described did not produce a result.
The issues raised by the Deputy on behalf of the person concerned have been addressed by the local Policing Forum. In addition, a Garda Sergeant from the Neighbourhood Policing Unit called to the person concerned to explain the situation in detail.
115 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the level of funding currently being received by the Criminal Assets Bureau. [32395/06]
The Criminal Assets Bureau has been allocated a total of €6.763 million by the Oireachtas to carry out its statutory functions and to achieve its statutory objectives for 2006.
116 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of assets profilers currently working here; the locations of each profiler; the plans he has to appoint additional profilers; and if he will make a statement on the matter. [32396/06]
I am informed by the Garda Authorities that during 2004, in conjunction with the Office of the Director for Public Prosecutions, an initiative was developed by the Criminal Assets Bureau whereby one member of An Garda Síochána from each Garda Division would be trained as a profiler in respect of criminal assets.
A Divisional Criminal Assets Profiler was appointed in each of the 25 Garda Divisions and a full complement of Divisional Profilers is being maintained. I am assured by the Garda Authorities that the appointment of additional profilers will be kept under review.
117 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of staff currently employed by the Criminal Assets Bureau and their respective functions. [32397/06]
118 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of officers currently attached to the Criminal Assets Bureau; the location of each officer and their function. [32398/06]
I propose to take Questions Nos. 117 and 118 together.
There are currently 45 officers in the Criminal Assets Bureau who have been appointed Bureau Officers under the Criminal Assets Bureau Act, 1996. This includes 14 officers seconded from other Government Departments or Offices. The functions of the Bureau Officers are as defined under the relevant provisions of the aforementioned 1996 Act. There are a further 10 staff in the Criminal Assets Bureau who provide clerical, administrative, technical and professional support services to the Bureau, giving a total staff of 55 in the Bureau. The Bureau and its staff are based in Harcourt Square, Dublin 2.
119 Mr. F. McGrath asked the Tánaiste and Minister for Justice, Equality and Law Reform the amount and value of drugs confiscated on the northside of Dublin to date in 2006. [32399/06]
It has not been possible, within the timeframe available, to collate the information required by the Deputy. I will contact the Deputy directly when the information is to hand.
120 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of people who have been granted Irish citizenship in the past 20 years, for each year, and their countries of origin. [32400/06]
Records of the total number of naturalisation certificates issued by year have only been kept since 1999. The number of naturalisation certificates issued by year from 1999 to the end of September this year is as follows:
|
Year |
Total Number of Certificates issued |
|
2006 to end Sept |
1,054 |
|
2005 |
1,451 |
|
2004 |
1,335 |
|
2003 |
1,664 |
|
2002 |
1,332 |
|
2001 |
1,012 |
|
2000 |
125 |
|
1999 |
412 |
Records as to the nationality of the applicants are not compiled in such a way as to be able to provide details of the certificates of naturalisation issued each year by nationality without the disproportionate allocation of resources.
121 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the type of funding made available by his Department for immigrant support groups and other immigration services; and the number, distribution and amount of grants awarded each year from 2002 to 2005. [32401/06]
The International Organisation for Migration (IOM) has been offering a number of Voluntary Assisted Return Programmes for various categories of migrants on behalf of the Department since 2001. Details of these programmes are as shown in the table.
|
1. Pilot Voluntary Assisted Return Programme Time Frame: 12 Months (November 2001-October 2002 incl.) Total Budget: €404,623 Outturn: Of the total budgeted amount, actual expenditure from the costs incurred from the programme amounted to €230,000. |
|
2. Voluntary Assisted Return and Reintegration Programme to CIS countries Time Frame: 12 Months (November 2002-October 2003 incl.) Total Budget: €121,863.23 (€91,367.42 of which was provided by the European Refugee Fund) Outturn: Of the total budgeted amount, actual expenditure from the costs incurred from the programme amounted to €103,140.57. |
|
3. Voluntary Assisted Return Programme to Non-EEA Countries 2003-2004 Time Frame: 12 Months (November 2003-October 2004 incl.) Total Budget: €673,455 Outturn: Of the total budgeted amount, actual expenditure from the costs incurred from the programme amounted to €515,377.18. |
|
4. Voluntary Return and Reintegration Programme for the parents of Irish Born Children Time Frame: 14 months (November 2003-December 2004 incl.) Total Budget: €808,384.41 Outturn: Of the total budgeted amount, actual expenditure from the costs incurred from the programme amounted to €179,584.90. |
|
5. Voluntary Assisted Return and Reintegration Programme for nationals of Sub Saharan African Countries Time Frame: 12 Months (November 2004-November 2005 incl.) Total Budget: €200,000 (€75,000 of which was provided by the European Refugee Fund) Outturn: Of the total budgeted amount, actual expenditure from the costs incurred from the programme amounted to €132,114.65. |
|
6. Voluntary Assisted Return Programme for Non-EEA nationals Time Frame: 14 Months (November/December 2004 & January-December 2005 incl.) Total Budget: €1,055,228 Outturn: Of the total budgeted amount, actual expenditure from the costs incurred from the programme amounted to €692,060. |
On the Asylum front the Deputy may be aware that the Reception and Integration Agency of my Department are responsible for the administration of the European Refugee Fund which supports the efforts of Member States in the reception of asylum seekers, the integration of refugees and voluntary return projects. Comprehensive information regarding the fund including the projects selected for funding is available on their website at www.ria.ie.
My Department also provides payments to the Irish Refugee Council and the UNHCR which are detailed in the tables.
|
Year |
2002 |
2003 |
2004 |
2005 |
|
Funding for core-activities |
€101,580 |
€101,580 |
€101,580 |
€105,000 |
|
Year |
Rent |
Law Training Officer/ Protection Officer/ Support Staff |
Training |
Refworld CD Rom |
Admin Costs in Ireland |
Funding for Protection Information Section in Geneva |
|
2002 |
€53,968.95 |
€16,087.50 |
||||
|
2003 |
€55,000.00 |
US$20,500.00 €48,252.50 |
€3,148.54 |
€155.00 |
||
|
2004 |
€55,000.00 |
€65,000.00 |
€155.00 |
€10,000.00 |
||
|
2005 |
€65,000.00 |
€48,252.50 |
€282.00 |
€10,000.00 |
122 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform if it is his intention to introduce strengthened hate crime legislation; and if he will make a statement on the matter. [32402/06]
The Prohibition of Incitement to Hatred Act 1989 offers comprehensive protection to persons having hatred incited against them on account of their race, colour, nationality, religion, ethnic or national origin, membership of the travelling community or sexual orientation.
Public incitement to hatred, on any of the above grounds, is a criminal offence under section 2 and section 3 of the 1989 Act in terms of material, written or oral, which is threatening, abusive or insulting. The hatred can be incited through, for example, the publication or distribution or display of written material or the use of words or behaviour in any place other than inside a private residence where such written material, words or behaviour are threatening, abusive or insulting and are intended or are likely to stir up hatred. It is open to any person to bring an alleged breach of the provisions of the Act to the notice of the Garda Síochána.
The provisions of other Acts such as the Criminal Justice (Public Order) Act 1994, the Non-Fatal Offences Against the Person Act 1997 and the Criminal Damage Act 1991 can also be used to protect persons and their property against attack, including racist attack.
In the context of a review of the legislation in my Department, I am monitoring the number of racist incidents, those that end up in the courts, the legislation under which persons are being charged and the outcome of proceedings in the courts. A thorough appreciation of the above is essential in deciding what, if any, criminal legislation is required that could offer further protection to persons who are the victims of race crimes. To assist me in the matter the Steering Group of the National Action Plan Against Racism is also assessing the effectiveness of the current legislation and for that purpose arranged for research to be conducted into racism and the criminal law. That assessment and research is being undertaken at present.
123 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32429/06]
The information requested by the Deputy is set out in the table.
|
Name of Tribunal of Inquiry/ Commission of Inquiry/ Investigation |
Terms of Reference |
Cost/Cost to date |
Date of Commencement |
Date of completion/Projected date of completion |
|
Enquiry by Mr. Justice Francis D. Murphy under the provisions of section 21 of the Courts of Justice (District Court) Act, 1946 |
Enquiry regarding Judge O’Buachalla’s handling of the licensing of Jack White’s Inn in the name of Mrs. Catherine Nevin and the discharge of his judicial functions in certain cases brought before him by two Gardaí. |
€670,000 |
April, 2000 |
November, 2000 |
|
Report of Mr. John Olden on the management of the life sentence of Mr. Thomas Murray |
To review and report on the management of Mr. Murray’s sentence up to the time he committed a second murder while on temporary release; specifically to report on the procedures followed and their adequacy leading to granting/revocation of periods of temporary release to this prisoner and to make any observations and recommendations considered appropriate. |
€7,648.90 |
December, 2000 |
6 July, 2001 |
|
Morris Tribunal |
Tribunal of Inquiry into complaints concerning some Gardaí of the Donegal Division |
€26.2m to end September, 2006 |
24 April, 2002 |
September, 2007 |
|
Smithwick Tribunal of Inquiry |
To inquire into the following definite matter of urgent public importance: Suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March, 1989; and to report to the Clerk of Dáil Éireann and to make such findings and recommendations as it sees fit in relation to these matters. |
As of 31 August, 2006, total cost was €1,329,022.87. |
31 May, 2005 |
The work of the Smithwick Tribunal is ongoing. It is not possible at this time to provide a projected date of completion. |
|
Review and Report by Shane Murphy SC |
Review of action taken and of relevant papers held by the Garda Síochána and the Department of Justice, Equality and Law Reform in relation to the making of false inculpatory statements by Mr. Dean Lyons in the course of the Garda investigation into the deaths of Ms Mary Callinan and Ms Sylvia Sheils at Grangegorman Dublin in March 1997 |
€0.074m |
27 June, 2005 |
Report presented to the Minister on 27 July, 2005 |
|
Name of Tribunal of Inquiry/ Commission of Inquiry/ Investigation |
Terms of Reference |
Cost/Cost to date |
Date of Commencement |
Date of completion/Projected date of completion |
|
Hartnett Inquiry |
Hartnett Inquiry under the Dublin Police Act, 1924, into the circumstances surrounding the arrest, treatment and detention of Mr. Brian Rossiter (deceased) in 2002. |
€0.270m (to end September 2006) |
14 September, 2005 |
Report is expected to be completed by the end of November 2006 (provided unanticipated issues do not emerge). |
|
Commission of Investigation (Dean Lyons Case) |
Commission of Investigation into the circumstances surrounding the making of a confession by Mr. Dean Lyons (deceased) regarding the deaths of Ms. Mary Callinan and Ms Sylvia Sheils in Grangegorman, Dublin in March, 1997. |
€0.957m (to end September 2006) |
7 February, 2006 |
Report presented to the Minister 28 July, 2006 |
|
Commission of Investigation to: (i) Investigate the handling of child sex abuse allegations against the Archdiocese of Dublin and (ii) examine implementation by dioceses of Church guidelines and the recommendations of the Ferns Report. |
1. To select a representative sample of complaints or allegations of child sexual abuse made to the archdiocesan and other Church authorities and public and State authorities in the period 1 January 1975 to 1 May 2004 against clergy operating under the aegis of the Catholic archdiocese of Dublin. 2. To examine and report on the nature of the response to those sample complaints or allegations on the part of the authorities to which those sample complaints or allegations were reported, including whether there is any evidence of attempts on the part of those authorities to obstruct, prevent or interfere with the proper investigation of such complaints. 3. In the case of complaints or allegations being examined, to examine and report also on the nature of the response to any other complaints or allegations made by the complainant or against the person in respect of who those complaints or allegations were made, including any such complaints or allegations made before 1 January, 1975. 4. To select a representative sample of cases where the archdiocesan and other Church and public and State authorities had in the period 1 January, 1975 to 1 May 2004 knowledge of or strong and clear suspicion of or reasonable concern regarding sexual abuse involving clergy operating under the aegis of the archdiocese of Dublin. |
Cost to Date €1,500,000 |
28 March, 2006 |
28 September, 2007 |
|
Name of Tribunal of Inquiry/ Commission of Inquiry/ Investigation |
Terms of Reference |
Cost/Cost to date |
Date of Commencement |
Date of completion/Projected date of completion |
|
5. To establish the response of the archdiocesan and other Church and public and State authorities to those sample cases. 6. To establish the levels of communication that prevailed between the archdiocesan and other Church authorities and public and State authorities with regard to those sample complaints, allegations, knowledge, reasonable concern or strong and clear suspicion. 7. To examine, following a notification from the Minister for Health and Children, that a Catholic diocese in the State may not have established the structures or may not be operating satisfactorily the procedures set out in the Report of the Irish Catholic Bishops Advisory Committee on Child Sexual Abuse by Priests and Religious, Child Sexual Abuse: Framework for a Church Response (1996) and any subsequent similar document, the position in that diocese. 8. To examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not be implementing satisfactorily the recommendations of the Ferns Report delivered to the Minister for Health and Children on 25 October, 2005, the position in that diocese; and make a report on these matters considered by Government to be of significant public concern. |
||||
|
Independent Inquiry by Mr. Michael Mellett into the circumstances surrounding the tragic death of Mr. Gary Douch while in custody in Mountjoy Prison. |
1. To establish what action was taken by the Irish Prison Service, management and staff to safeguard Mr. Douch; 2. To clarify whether Mr. Douch had expressed special concerns about his safety; 3. To establish what procedures were followed and their adequacy; 4. To establish the procedures used to allocate prisoners to the cell in which Mr. Douch died; 5. To establish the level of monitoring during the night of 31 July/1 August, 2006 ; and to make any observations and recommendations he sees fit. |
Not available |
1 August, 2006 |
Not available |
In addition, the costs associated with the enquiries under Section 8 of the Companies Act, 1990 underneath, initiated on the application of the Minister for Enterprise, Trade and Employment fell to be met, in the first instance, by my Department.
|
Name of Tribunal of Inquiry/Commission of Inquiry/Investigation |
Terms of Reference |
Cost/Cost to date |
Date of Commencement |
Date of completion/Projected date of completion |
|
National Irish Bank Inquiry |
The High Court appointed Inspectors to National Irish Bank (NIB) under section 8 of the Companies Act, 1990 on the application of the Minister for Enterprise, Trade and Employment. |
€5,842,952.92 — this was reimbursed to the Minister for Justice, Equality and Law Reform in April, 2005 |
1 April, 1998 |
The Inspectors presented their Report to the High Court on 12 July, 2004. |
|
Ansbacher Inquiry |
The High Court appointed inspectors to Ansbacher (Cayman) Ltd. under section 8 of the Companies Act, 1990 on the application of the Minister for Enterprise, Trade and Employment. |
The Inspection cost was €3.45m. €1.25m was reimbursed to the Minister for Justice, Equality and Law Reform in early 2004. |
22 September, 1999 |
June, 2002 |
124 Dr. Cowley asked the Minister for Finance if his attention has been drawn to the fact that most of the case workers in the Office of the Ombudsman dealing with complaints against local authorities and particularly with planning application complaints, have a two day qualification in planning law and do not have a third level qualification in planning; his views on same in view of the nature of the work involved; and if he will make a statement on the matter. [32286/06]
The role of the Office of Ombudsman is to investigate complaints about the administrative actions of Government Departments, the Health Service Executive, local authorities and An Post. In order to discharge these functions the Office seeks to recruit staff with experience of, and expertise in, the various sectors covered by its remit, including the functions administered by the local government sector.
It is important to distinguish between the qualifications required for the discharge of professional functions in local authorities and the expertise and qualifications required in the Ombudsman's Office to investigate administrative actions and procedures. In this regard I would point out that the staff of the Ombudsman have no role in relation to the making of planning decisions, and that the avenue of appeal from such decisions is to An Bord Pleanála.
Given the broad range of issues dealt with by local authorities, it would not be possible or practical, and as already indicated it is not necessary, to have all the Ombudsman's Office staff qualified academically in all of the fields of local authority activity. However, training provided for Ombudsman staff dealing with complaints against local authorities includes a training course in planning law run by Trinity College, Dublin. All case workers assigned permanently to the examination/ investigation of local authority complaints have taken this course and are up to speed with the relevant aspects of planning legislation as it relates to planning administration and planning enforcement.
I am informed by the Ombudsman's Office that they seek to ensure that staff have an appropriate mix of the competencies relevant to their work, from good investigation skills to relevant technical knowledge and experience or expertise in the complaint subject matter, and that given the role of the Office in relation to planning matters, they are satisfied that current arrangements with regard to staff training are appropriate.
125 Mr. Naughten asked the Minister for Finance if he will meet representatives of the Irish Timber Council regarding the acquisition of a boardmill plant in Clonmel, County Tipperary; his views on the proposal; and if he will make a statement on the matter. [32236/06]
Matters relating to the timber industry including contacts with the Irish Timber Council and issues affecting Coillte and Boardmill plants are for consideration by the Minister for Agriculture and Food in the first instance.
126 Mr. Kehoe asked the Minister for Finance the status of the application for mortgage interest and tax relief at source for persons (details supplied) in County Wexford; and if he will make a statement on the matter. [32288/06]
This is a matter for the Revenue Commissioners. I have been advised by the Revenue Commissioners that, in accordance with normal practice, tax relief on mortgage interest has been applied at source in respect of the individuals concerned for both 2005 and 2006. This is reflected in reduced monthly mortgage payments as advised by the mortgage provider.
While no application has been made for relief for earlier years, it is possible that mortgage interest relief may be due for 2003 and 2004 also and the Revenue Commissioners is making contact with the individuals concerned in this respect.
127 Mr. Lowry asked the Minister for Finance if his attention has been drawn to the fact that many people, particularly older people who have retired, may be unfairly discriminated against in respect of availing of Government pension incentives; if retired people and pensioners can avail of the incentive; if he will allow retired people to avail of the initiative where SSIA has already matured over three months ago; and if he will make a statement on the matter. [32289/06]
The Pensions Incentive Tax Credits scheme was introduced by me to encourage SSIA holders, particularly those on low incomes, to continue the savings habit and to commence or improve their pension arrangements. I have not imposed any new age restrictions in relation to this incentive. There is no bar on retired persons availing of the scheme within normal pension rules.
However, some publicity has been given recently to the possibility that SSIA holders who are already retired might transfer matured SSIA funds into a savings product, claim the Pensions Incentive Tax Credit and withdraw the topped-up amount immediately.
This is not the purpose for which the incentive was introduced. Accordingly, I announced in a press release on 29 September last that I will introduce legislation at the earliest appropriate opportunity to ensure that, with effect from 29 September 2006, individuals who avail of the Pensions Incentive Tax Credits only to withdraw the funds immediately or within 1 year will not get the benefit of the incentive.
I should also explain that the 3 month limit for re-investment of SSIA funds into an approved pension product is being extended for SSIA accounts maturing in May and June 2006 in order to give potential investors and pension administrators more time to make the necessary arrangements. For SSIAs maturing in May and June, the time period for making the necessary investment and availing of the incentive has been extended to 31 October 2006. SSIA holders whose accounts matured in any month from July 2006 also have time to make the necessary arrangements and avail of the incentive.
128 Ms Shortall asked the Minister for Finance if there is an impediment under EU rules of zero rating VAT on domestic utility bills; and the implications for revenue if such an action were to be taken. [32301/06]
The position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the Sixth VAT Directive Member States may retain the zero rates on goods and services, which have been in place since 1 January 1991, but cannot extend the zero rate to other goods and services. It is therefore not possible to apply a zero VAT rate to the provision of domestic utilities including electricity, gas and telecommunications. Furthermore, under EU law, it is not possible to reduce the VAT rate for a particular category of customer as the rate of VAT that applies to a particular good or service is determined by the nature of the good or service, and not by the category of customer. Consequently, it is not possible to reduce the VAT rates applicable to domestic utilities alone.
Finally, I am informed by the Revenue Commissioners that the information to be furnished on VAT returns does not require the yield from particular categories of consumer to be identified.
129 Mr. Timmins asked the Minister for Finance the situation regarding the purchase of a site for a new Garda station at Greystones, County Wicklow. [32357/06]
The Commissioners of Public Works will acquire a site for a new Garda station in Greystones in accordance with the priority allocated by the Department of Justice, Equality and Law Reform and the Garda Authorities.
130 Mr. Timmins asked the Minister for Finance the status of the Garda station at Ashford, County Wicklow; if there are negotiations ongoing to dispose of the property; and if he will make a statement on the matter. [32358/06]
The Commissioners of Public Works are awaiting a decision by the Department of Justice, Equality and Law Reform and the Garda Authorities in relation to the future of the former Garda station at Ashford, Co. Wicklow.
131 Mr. Ó Fearghaíl asked the Minister for Finance in view of the most recent report of the decentralisation implementation group the status of the Government’s proposal to relocate 250 Revenue staff to Athy, County Kildare; if a suitable site for the proposed offices has been identified; if the proposed offices will be built or purchased; if he envisages any provisions for an interim move to Athy; and if he will make a statement on the matter. [32388/06]
I am advised by the Revenue Commissioners that the Office of Public Works (OPW) are assessing a number of possibilities for permanent accommodation in Athy for the Revenue staff. The assessment of these possibilities has not yet been completed. Proposals received to date relate to sites, however the OPW are prepared to consider accommodation solutions involving existing buildings, if these meet the particular requirements of the Revenue Commissioners.
I am also informed that the OPW are considering a number of proposals for interim accommodation in Athy for an advance group of approximately 50 staff. They hope to finalise a decision on an interim solution in the near future.
132 Mr. J. O’Keeffe asked the Minister for Finance the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32426/06]
I assume that the question relates to tribunals of inquiry, commissions of inquiry or investigation established for specific investigative purposes. In so far as my Department is concerned, no tribunal of enquiry, commission of inquiry or investigation has been initiated in the period since 1997.
133 Mr. F. McGrath asked the Minister for Health and Children if she will allocate €90 million in 2007 towards the provision of accommodation for people who experience mental illness, both capital and current expenditure. [32318/06]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
134 Mr. F. McGrath asked the Minister for Health and Children if she will allocate €75 million to address the residential and daily support needs of adults with significant disability residing in inappropriate accommodation. [32319/06]
As the Deputy may be aware under the Multi-Annual Investment Programme 2006 — 2009 the government has agreed to make available an extra €2 million each year to cover the cost of additional staffing needed in order to transfer up to 600 persons with intellectual disability/autism from psychiatric hospitals and other inappropriate placements.
The Deputy will also appreciate that I cannot at this stage give specific commitments in relation to the level of expenditure in 2007 for any particular service as these matters will be decided as part of the discussions on the Estimates and Budget for that year between the Health Service Executive, my Department and the Department of Finance.
135 Mr. F. McGrath asked the Minister for Health and Children if she will invest an additional €20 million in reducing the caring role of children for people with disability; and if she will further invest €5 million in funding capacity building for the voluntary disability sector in budget 2007. [32321/06]
The Deputy will appreciate that I cannot at this stage give specific commitments in relation to the level of expenditure in 2007 for any particular service as these matters will be decided as part of the discussions on the Estimates and Budget for that year between the Health Service Executive, my Department and the Department of Finance.
136 Mr. J. Breen asked the Minister for Health and Children if she will appoint a director of hygiene control to help combat the spread of hospital infection and diseases; and if she will make a statement on the matter. [32156/06]
Infection prevention and control in health institutions is a matter for the Health Service Executive (HSE), as part of its overall responsibility for the management and delivery of health and personal social services. To date, two National Hygiene Audits have been carried out in acute hospitals under the auspices of the National Hospitals Office.
My Department has requested the Parliamentary Affairs Division of the HSE to address the staffing issue raised in the question and to reply directly to the Deputy.
137 Mr. Neville asked the Minister for Health and Children the position regarding Adjournment debate of 6 April 2006 in relation to the community child-care group funding in County Limerick and the need for increased resources to ensure the community child-care groups from Kilcornan, Newcastle West, Broadford and Rathkeale are in a position to provide the necessary services in the constituency. [32221/06]
As the Deputy will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being implemented by the Office of the Minister for Children.
I am pleased to inform you that two of the community based Groups in question were approved additional capital grant assistance under the EOCP in recent months. St. Colman's Childcare Service was approved additional capital funding of €100,000 and Broadford Voluntary Housing Association was approved additional grant assistance of €400,000, bringing the total capital approved to €1.2 million and €1.4 million respectively. I understand that the Childcare Directorate of my Office has advised the Groups in question of these decisions. These approvals are subject to the Groups concluding satisfactory contractual arrangements with Pobal.
I understand that the Group referred to in Newcastle West, the Desmond Ability Resource Complex Ltd., has submitted an application for additional capital funding and that this request is currently under appraisal. Each application undergoes a thorough assessment by Pobal, which administers the day to day management of the Programme. Following this assessment, the application will be considered by the Programme Appraisal Committee, before a decision is made regarding funding.
I am advised that Rathkeale Community Childcare Ltd is continuing to work towards the reduction of their building costs. I understand that Pobal are in ongoing discussions with the Group in relation to this matter.
138 Caoimhghín Ó Caoláin asked the Minister for Health and Children the medical basis for the Irish cervical screening programme’s recommendation that smear tests be carried out every five years; her views on whether it is advisable to recommend more frequent smear tests in view of the unusually high rates of cervical cancer here, in line with other countries such as Canada, where a two to three year interval is recommended, or the US, where an annual test is recommended. [32222/06]
The Irish Cervical Screening Programme (ICSP) was established following the Report of the Department of Health Cervical Screening Committee, 1996, with a pilot development in the Mid-West in October 2000. Under the Programme, cervical screening is currently offered, free of charge, to approximately 74,000 women in the 25 to 60 age group, at five year intervals.
The optimal screening interval is one that provides the most favourable ratio between degree of disease control and cost of screening. In 2004 the International Agency for Cancer Research and the World Health Organisation recommended a screening interval of 3 years in younger women (25-45 years). Thereafter 5 yearly screening is adequate for women who have no history of abnormality. This is a recommendation of the Expert Report on the ICSP in July 2004 which is informing my Department's planning of the national roll-out by 2008.
I will shortly establish a National Cancer Screening Service to amalgamate BreastCheck and the ICSP to deliver both programmes nationally. This will maximise the expertise in both programmes, ensure improved efficiency and develop a single governance model for cancer screening.
139 Mr. Neville asked the Minister for Health and Children the position regarding funding of the Irish Osteoporosis Society from the Health Service Executive. [32223/06]
The Irish Osteoporosis Society (IOS) was funded on a once-off basis by the former Northern Area Health Board in 2004 and 2005. Funding of €130,000 was provided in 2005. The IOS sought further funding of €128,000 during 2006. Following a series of meetings and checking of documentation, the HSE paid this amount to the IOS on 22 September 2006.
140 Mr. Ring asked the Minister for Health and Children when home help hours will be reinstated to a person (details supplied) in County Mayo. [32224/06]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
141 Mr. Kenny asked the Minister for Health and Children if she is satisfied with the information currently available to parents regarding the side effects of the Tamiflu injection; and if she will make a statement on the matter. [32225/06]
Tamiflu, which is available in a capsule or suspension format, is an antiviral agent which is licensed in Ireland for the treatment and prevention of influenza in adults and children aged one year and older: it is a prescription only medicine. As with all licensed medicines, it should only be used in accordance with the terms and conditions of its product authorisation (licence) and/or in accordance with a doctor's directions: currently there is no licensed injectable form available. The Irish Medicines Board is the statutory body responsible for the regulation of medicinal products in Ireland. The Board is satisfied with the information currently available on this product.
Various guidance and protocol documents regarding the stockpiling and use of antiviral products during an influenza pandemic are being drafted and are now at an advanced stage. These will be reviewed regularly to take into account new information and international guidance, including guidance for their use in children.
142 Mr. Kenny asked the Minister for Health and Children the action she intends to take to deal with the shortage of occupational therapy services in the Dublin west area; and if she will make a statement on the matter. [32226/06]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
143 Mr. Kenny asked the Minister for Health and Children if she will provide extra counselling services for a service (details supplied) in Dublin 22; and if she will make a statement on the matter. [32227/06]
The question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
144 Dr. Cowley asked the Minister for Health and Children the reason a person needing dental treatment prior to a total hip replacement but with a latex allergy, has to go to Liverpool for treatment as they have been told the dental treatment of patients with a latex allergy cannot take place here; and if she will make a statement on the matter. [32290/06]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
145 Ms Enright asked the Minister for Health and Children the reason funding for the Irish Osteoporosis Society has been withdrawn; if she has received a request from the society to meet with the society to arrange for a service level agreement; the further reason her Department can not facilitate this meeting; and if she will make a statement on the matter. [32298/06]
The Irish Osteoporosis Society (IOS) was funded on a once-off basis by the former Northern Area Health Board in 2004 and 2005. Funding of €130,000 was provided in 2005. The IOS sought further funding of €128,000 during 2006. Following a series of meetings and checking of documentation, the HSE paid this amount to the IOS on 22 September 2006.
I wish to confirm that the Department has not received any meeting request from the IOS in relation to a service level agreement, which would be a matter for the HSE. The Department has requested the HSE to inform the Deputy if it has received any such request.
146 Mr. F. McGrath asked the Minister for Health and Children if she will support the Carers Association in their pre-budget submission. [32322/06]
As Deputies are aware it would not be appropriate for me to comment in advance of the Budget on possible Budget decisions.
147 Ms B. Moynihan-Cronin asked the Minister for Health and Children the number of people waiting for a colonoscopy at Tralee General Hospital, County Kerry; the average waiting period for each patient; and if she will make a statement on the matter. [32391/06]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
148 Mr. F. McGrath asked the Minister for Health and Children if she will assist a group (details supplied) in Dublin 3 particularly in relation to administrative costs and back-up staff. [32392/06]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
149 Mr. J. O’Keeffe asked the Minister for Health and Children the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which she or her Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if she will make a statement on the matter. [32428/06]
The information requested is being collated in my Department and will be forwarded directly to the Deputy as soon as possible.
150 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources the number of people who have volunteered to decentralise to Clonakilty, County Cork, under the CAF procedure; the number who will have made the transfer by the end of 2006; and if he will make a statement on the matter. [32242/06]
One hundred and eighty-five first place Central Applications Facility (CAF) applications have been received by my Department for the ninety posts that are decentralising to Clonakilty. It is anticipated that approximately thirty-five of these CAF applicants will have transferred to Clonakilty by the end of 2006.
151 Dr. McDaid asked the Minister for Communications, Marine and Natural Resources the situation regarding the Kinsale gas fields; and the amount of reserve left according to the most recent update. [32184/06]
The Department estimates that 55 billion cubic feet of gas remain to be produced from the Kinsale area gas fields and that the field could continue in production until sometime between 2011 and 2013 depending on commercial considerations and storage activity.
152 Dr. McDaid asked the Minister for Communications, Marine and Natural Resources the length of time Ireland’s natural gas resources will hold out; and the difference the availability of the Corrib gas field would be to same if it came to pass. [32185/06]
Responsibility for monitoring the security of Ireland's natural gas supply lies with the Commission for Energy Regulation (CER). Under the Gas (Interim) Regulation Act 2002, the CER is required to prepare an annual Gas Capacity Statement, which provides a 7-year rolling forecast of capacity, flows and customer demand on Ireland's natural gas system. The forecast also assesses, for a range of possible scenarios, whether projected supplies of gas from indigenous sources, imports and storage, are sufficient to meet forecast demand.
One of the main conclusions of the 2006 Gas Capacity Statement, which was published by the CER in July 2006 and covers the period 2006-13, is that the existing Irish gas transmission system is sufficient to cope with reasonable expectations of demand, both on the peak and on the minimum day under most conditions for the period of this Statement.
The Corrib field, when it is developed, will bring significant volumes of gas into the Irish system, enhancing the security of Irish gas supplies until 2018. Given the uncertainties about oil and gas supplies and security of our energy supply into the future, this project is of vital national importance. Any slippage on delivery of Corrib gas would leave Ireland's economy more vulnerable to fluctuations in international energy prices with the consequential impact, which this would have on continued competitiveness. Delivery of Corrib gas also has the potential to bring significant benefits to North West Mayo and the region as a whole.
153 Mr. Nolan asked the Minister for Communications, Marine and Natural Resources when he expects broadband to be rolled out to an area (details supplied) in County Carlow; if his attention has been drawn to the fact that the lack of this service is contributing to the daily deterioration in commuting traffic between counties such as Carlow and Dublin; and if he will make a statement on the matter. [32275/06]
The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by the Commission for Communications Regulation (ComReg), the independent regulator.
However, it has been clear for some time that the sector has failed to invest at the level necessary to keep pace with the demand for broadband. My Department's regional broadband programme is addressing the infrastructure deficit by building high-speed open access broadband networks, in association with the local and regional authorities, in the major towns and cities. These Metropolitan Area Networks (MANs) will allow the private sector to offer world-class broadband services at competitive costs. The networks offer towns opportunities to attract inward investment in advanced technology and knowledge based enterprises.
Twenty-seven MANs have been completed under the first phase and are currently being managed by ENet, the Management Services Entity, including one in Carlow town. The second phase extends the programme to over 90 towns with a population of 1,500 and above that do not have a satisfactory broadband offering from the private sector, including Tullow and Bagenalstown in Co. Carlow.
A joint industry/Government fund of €18 million has been established for the Broadband for Schools Programme to resource the provision of high speed broadband connectivity to all primary and post primary schools in the country by end Autumn 2006, at no cost to the schools themselves. A total of 95% of schools have broadband installed to date; the aim is to complete the outstanding schools in the coming weeks.
However, there are some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. I am currently examining options to address the delivery of broadband services to these areas and I hope to be in a position to bring proposals to Government shortly.
There are a number of platforms for delivery of broadband and service providers are now offering broadband by wireless, satellite, fibre or standard telephone cable in all areas of the country. My Department operates a dedicated website, www.broadband.gov.ie where potential broadband customers can ascertain the availability of services in their area. I understand that DSL and Satellite are available in Coppenagh, County Carlow.
154 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32420/06]
My Department has not had responsibility for any inquiry of the nature referred to by the Deputy.
155 Aengus Ó Snodaigh asked the Minister for Foreign Affairs when the International Convention in the Protection of the Rights of all Migrant Workers and Members of their Families will be ratified; and if he will make a statement on the matter. [32390/06]
As I indicated to the House, most recently on 29 June 2006, the case for ratification of this Convention has been examined by my Department in conjunction with the Department of Enterprise, Trade and Employment, which has lead responsibility on the issue.
As previously indicated, the rights of migrant workers and their families are already protected under existing national legislation and under the Irish Constitution, as well as under EU law. In addition, the rights of migrant workers and their families are also addressed by Ireland's commitments under international human rights instruments to which the State is already a party. These international instruments include, for example, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.
The Convention referred to in the Deputy's question was adopted by the UN General Assembly in December 1990, and it entered into force on 1 July 2003, following ratification by the requisite number of States (20). The Convention has been open for signature and ratification since December 1990. However, to date only 34 States have ratified it. No European Union Member State has as yet signed or ratified the Convention, nor has any indicated an intention to do so.
The position essentially is that, in order for Ireland to ratify the Convention, significant changes would have to be made across a wide range of existing legislation, including legislation addressing employment, social welfare provision, education, taxation and electoral law. These changes would also have implications for our EU commitments. The operation of the Common Travel Area between Ireland and the UK might also possibly be affected.
There are no plans at present to sign or ratify the Convention. However as with all outstanding ratifications of international human rights instruments, the position regarding the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families will be kept under review.
156 Mr. J. O’Keeffe asked the Minister for Foreign Affairs the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32427/06]
The only such inquiry for which my Department had responsibility during the period in question was the investigation by Mr. Justice Peter Cory, a retired judge of the Canadian Supreme Court, of allegations of collusion in the murders of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, Patrick Finucane, Lord Justice and Lady Gibson, Robert Hamill, Rosemary Nelson, and Billy Wright. Judge Cory was appointed to undertake this investigation by the British and Irish Governments on 28 May 2002. The terms of reference of the investigation were to:
review all the relevant papers in each case, including the records of earlier investigations;
interview anyone Judge Cory thought could assist in his examination;
establish the facts so far as practicable and subject to the law of the respective jurisdictions;
keep, in reasonable manner, the relevant Governments informed of progress;
submit reports as soon as practicable, including in circumstance where there was not sufficient basis to establish the facts in a particular case; the reports to include any recommendation(s) for further action, including, if considered necessary, the holding of a public inquiry.
Judge Cory was also requested to hear the views of the victims' families and to keep them informed of progress, if that was their wish. Judge Cory submitted his final reports to the two Governments on 7 October 2003.
The costs of the inquiry were shared between the two Governments. It was agreed that there would be a 50:50 split for the following items: salaries of the judge and assistants, travel and allowances. In addition, each Government directly covered the costs that arose in its jurisdiction such as legal advice, secretarial support, accommodation and travel. Some costs were also paid in respect of legal representation for the families.
The total cost to the Irish exchequer of the investigation was €341,168.90.
157 Mr. Kenny asked the Minister for Arts, Sport and Tourism if funding will be provided for swimming pools in Lucan; and if he will make a statement on the matter. [32182/06]
The current round of the Local Authority Swimming Pool Programme was closed to applications on 31 July 2000 and no application was made in respect of a public swimming pool for Lucan before that date.
My Department is completing an Expenditure Review of the Local Authority Swimming Pool Programme at present. The Review is examining, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. The Review is currently in the process of being finalised and I would hope that it will be completed before the end of the year.
On completion of this Review, the question of re-opening the Programme can be considered. If the Programme is re-opened, it will be open to all local authorities, including South Dublin County Council, to submit applications under the terms that will apply.
Significant progress continues under the current round of the Local Authority Swimming Pool Programme where the priority is to continue to support those projects remaining to be completed.
158 Mr. J. O’Keeffe asked the Minister for Arts, Sport and Tourism the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32419/06]
One investigation has been overseen by my Department since its establishment in June 2002. Mr. Tim Dalton was appointed to carry out an independent investigation of certain matters affecting Bord na gCon on Tuesday 31 January 2006.
The terms of reference of the investigation were as follows: to review the allegations of shortcomings in corporate governance practice at Bord na gCon made by the Chief Executive of Bord na gCon in his letter of 18 January 2006 to the Minister for Arts, Sport and Tourism and the response dated 30 January 2006 of the Chairman of Bord na gCon to these allegations taking into account the possibility of legal proceedings taking place, to examine the circumstances surrounding the decision of the Board of Bord na gCon on 26 January 2006 to terminate the contract of employment of the Chief Executive of Bord na gCon with immediate effect; and to report, when and if possible in light of the said legal proceedings, his findings to the Minister for Arts, Sport and Tourism, and in any event, to advise on any actions considered necessary to ensure adherence to best corporate governance practice; to consider the way in which Bord na gCon procedures dealing with doping infringements are presently carried out, to comment on the adequacy of existing procedures and to advise whether there should be any changes or modifications put into effect.
The cost of the investigation was €37,667. It was completed with the publication of the Report on Certain Matters Affecting Bord na gCon on 4 July 2006.
159 Mr. F. McGrath asked the Minister for Enterprise, Trade and Employment if he will allocate €5 million in 2007 towards the mainstreaming of 1,651 participants and supervisors on related FÁS community employment schemes. [32317/06]
Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and by assisting them to develop both their technical and personal skills. There are currently 22,300 CE participants including CE supervisors on this programme.
CE as an active labour market programme has the emphasis on progression into employment. The programme is managed to this end with primary regard to the needs of participants and the community. In addition, this programme with its focus on the needs of disadvantaged persons, forms a major response by FÁS to tackling the social exclusion of such groups as Persons with a Disability, Lone Parents, Persons Long-term Unemployed and Drug Misusers with a view to their re-integration into the labour market. Any diminution in the budget allocated to Community Employment would have the consequence of reducing the level of labour market service available to these groups.
The determination of the FÁS budget for 2007 is being considered as part of the annual Estimates process.
161 Mr. Neville asked the Minister for Enterprise, Trade and Employment his plans for business in industry to locate at the business park, Askeaton, County Limerick. [32203/06]
Responsibility for the development of property solutions for enterprise promotion in the Mid West Region lies with Shannon Development. IDA Ireland is the national agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions (including Co. Limerick), while Shannon Development is responsible for indigenous industry in the Mid-West region and FDI in the Shannon Free Zone.
Both Shannon Development and IDA Ireland work closely together in the development, promotion and marketing of tailored property solutions throughout the Mid West, including the Shannon Development-owned land bank of 228 acres at Askeaton. The location has been identified as an important site from a business and employment perspective for both Co. Limerick and the wider Region, in the Planning and Land Use Transportation Study, the Mid-West Regional Planning Guidelines and the Limerick County Development Plan.
Typical FDI projects which IDA Ireland seeks to win are in advanced higher-value manufacturing and services activities (often containing an R&D element) requiring high-level skills, infrastructure and advanced business services. The Askeaton site is being actively marketed through IDA Ireland's network of overseas offices as a solution for utility intensive projects.
Ultimately decisions regarding where to locate an FDI project are taken by potential investors based on the ability of locations to support their business needs. In this context the Askeaton site is nationally significant given its proximity to Foynes and Limerick Ports, to urban clusters in Limerick City and Askeaton, railhead access on the Foynes-Limerick route and its site boundary with the N69 providing direct access to southern ports such as Cork and Rosslare. The completion of the Southern Ring Road and the proposed Limerick Tunnel will furthermore enable direct road access to Shannon Airport for passenger and freight services and will facilitate access to the West and East Coasts including Dublin Port.
162 Mr. Quinn asked the Minister for Enterprise, Trade and Employment if he has made a determination on the request for additional staff made by the Office of the Director for Corporate Enforcement; and if he will make a statement on the matter. [32204/06]
I met the Director for Corporate Enforcement on 17 May 2006 to discuss his request for additional staff resources. I indicated to him that I was generally disposed to his case. I outlined the very tight parameters that exist under the Public Service staffing programme. I have raised the matter with the Minister for Finance and my officials are currently engaging more fully on the matter with the Department of Finance with the objective of a phased increase in the staffing of the Office of the Director for Corporate Enforcement to the extent that overall Public Service staffing numbers permit.
163 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the position on the consolidated companies legislation; and if he will make a statement on the matter. [32205/06]
The Companies Consolidation and Reform Bill will introduce a greatly simplified legal framework for corporate activity. The twelve existing Companies Acts, from 1963 to 2005, will be consolidated into a single statute. The new Bill is also a modernizing Bill, in that it will give primacy to the ‘private company limited by shares' as the preferred corporate entity in the State, representing as it does, the vast majority of existing companies. In consolidating existing company law, the new Bill will also ensure that the rights of shareholders and creditors are fully protected. These positive benefits will enhance the attractiveness of Ireland as a place to do business and assist both the encouragement of foreign direct investment and of indigenous business.
The Company Law Review Group, CLRG, has almost finalised its work on the preparation of the General Scheme of the Heads of the Bill and I understand that it expects to report on its recommendations to me shortly. It is anticipated that the draft Bill will contain in excess of 1,500 sections and, subject to the approval of the Government, I expect that the General Scheme of the Bill will be passed to the Office of the Parliamentary Counsel for formal legal drafting later this year.
164 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the contacts he has had with his Northern Ireland counterpart; the issues discussed; and if he will make a statement on the matter. [32206/06]
I had a very productive meeting with my Northern Ireland counterpart, the Minister for Enterprise, Trade and Investment, Maria Eagle M.P., on 1 June at InterTrade Ireland's offices in Newry.
The Chairman and Chief Executive of InterTrade Ireland briefed Minister Eagle and I on the Body's programmes and activities and its overall strategy to enhance the development of the all-island economy. InterTrade Ireland is supporting a wide range of actions that offer businesses the opportunity to address a larger all-island market and to engage in inter-firm co-operation. Its key strategic objective is to increase the number, effectiveness and value of all-island trade and business development networks. The work of InterTrade Ireland is an example of the practical benefits accruing from North/South cooperation under the Good Friday Agreement.
Minister Eagle and I reviewed progress on the comprehensive study, which was announced earlier this year by the Minister for Foreign Affairs and the Secretary of State for Northern Ireland under the auspices of the British-Irish Intergovernmental Conference. The remit of the study is to identify areas for further co-operation in the development of the all-island economy and provides an unprecedented opportunity to identify and take forward new initiatives. The study is expected to be completed shortly. Arising from a progress report submitted to the British-Irish Intergovernmental Conference on 25 July there has been agreement to enhance co-operation in the areas of trade promotion, labour market skills forecasting, international collaboration in science and technology, and business development through knowledge exchange.
At our meeting Minister Eagle and I gave our full commitment to the North West Gateway Initiative, which will provide a strategic action plan to further develop the North West region of the island of Ireland. Both Governments are committed to a joint approach to the development of the North West that is focused on enterprise development, employment, skills, spatial planning and infrastructure.
I will lead a trade mission to Canada next week and I am pleased that a number of Northern Ireland companies are taking part in the mission. The Mission has been organized in co-operation between Enterprise Ireland and Invest Northern Ireland and Minister Eagle is accompanying the Northern Ireland companies. I look forward to a successful trade mission for the island of Ireland.
165 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the progress made on the implementation of the Report of the Small Business Forum; and if he will make a statement on the matter. [32207/06]
When I published the report of the Small Business Forum earlier this year, I indicated that I was accepting, in general, the report's recommendations in so far as they related to my own areas of responsibility and that I would be pursuing the implementation of the other recommendations with my colleagues in Government who had responsibility for the relevant areas.
In so far as the recommendations relating to my area are concerned, these are being vigorously pursued by my Department and the most urgent of them are already on their way to implementation. For example, the recommendation from the Forum to increase the turnover threshold above which businesses are required to be audited from €1.5 million to the EU limit of €7.3 million, has been taken on board and provision to give effect to it has been included in the new Companies Bill which is currently before the Oireachtas.
Good progress has also been made in relation to the implementation of recommendations in respect of the introduction of an Innovation Vouchers scheme, a scheme for Knowledge Acquisition Grants and a programme of Information and Communications Technology Audits.
I also indicated, when publishing the Forum report, that I was accepting their recommendation that the Forum itself should continue in existence to serve as an implementation body to monitor progress of implementation of the various recommendations. This will, in my view, help to ensure that there is sustained and timely follow though in terms of implementation of each of the recommendations contained in the report.
167 Mr. Boyle asked the Minister for Enterprise, Trade and Employment if he intends amending the Carers Leave Act 2001 in order to protect carers employment rights during the period in which they avail of the carers benefit. [32210/06]
The Carer's Leave Acts 2001 to 2006 provide that a person may take leave of up to 104 weeks to care for a person, who is deemed by the Department of Social and Family Affairs to be in need of such care.
A person who avails of carer's leave from his or her employment will have his or her employment rights protected for the duration of the leave and shall be regarded as still working in that particular employment. None of his or her rights will be affected, except the right to remuneration, annual leave, public holidays and superannuation benefits. The normal statutory entitlement to annual leave and public holidays, which employees enjoy under the Organisation of Working Time Act 1997, applies to the first 13 week period of carer's leave.
If an employee considers that his or her rights have been breached under the Carer's Leave Acts 2001 to 2006, he or she can take a case to a Rights Commissioner of the Labour Relations Commission for adjudication and on appeal to the Employment Appeals Tribunal.
The entitlement to carer's benefit payment is based on PRSI contributions and is payable by the Department of Social and Family Affairs.
168 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the plans he has to improve the competitiveness of the economy with particular reference to combating job relocation to lower cost economies; and if he will make a statement on the matter. [32371/06]
169 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the number of jobs relocated to low wage economies in the past five years; the plans he has to reverse the trend; and if he will make a statement on the matter. [32372/06]
175 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he has carried out research into the costs affecting the competitiveness of the Irish economy; the plans he has to address the issue; and if he will make a statement on the matter. [32378/06]
I propose to take Questions Nos. 168, 169 and 175 together.
The reasons for companies to relocate activities from Ireland are many and varied, and include relocation to be closer to customers or other competitive considerations. I believe that firms must be free to allocate resources and production to where the returns are highest. It is not in our interest to obstruct what is in the best interest of competitive enterprises. Our best response to the realities of globalisation is to ensure that Ireland remains attractive for investment and enterprise growth. Recent announcements by PepsiCo in Cork, TopChem Pharmaceuticals in Sligo and Northern Trust in Limerick demonstrate we continue to possess the skilled intellectual capital to support advanced FDI. Our recent employment performance does not indicate a trend of job relocations, with over 87,000 new jobs created in the past twelve months — a growth of 4.7% in a labour force which has now exceeded two million people.
The Government is very conscious of the need to control costs in order to maintain competitiveness. As part of the new Social Partnership agreement, Towards 2016, we are reactivating the Anti-Inflation Group, to examine methods of easing inflationary pressures. Indeed, the moderate wage increases agreed in Towards 2016 will contribute to the easing of inflationary pressure. Forfás, under the aegis of my Department, have published research such as the Statement on Prices and Costs, and are due to publish further work in this area over the coming weeks.
170 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he is satisfied that the extent of inward investment is sufficient to maintain job creation requirements in the future; and if he will make a statement on the matter. [32373/06]
Each of the enterprise development agencies, IDA Ireland, Enterprise Ireland and the County Enterprise Boards has a role to play in the promotion of investment and job creation in the country.
For a number of years now IDA Ireland has been very successful in marketing Ireland to overseas investors and we continue to win a disproportionately high share of mobile global investments. The level of FDI in Ireland, relative to the size of the economy, is one of the highest in the world. Today, over 1,000 overseas companies have substantial international operations in Ireland. These include many of the leading companies in information technology and communications, life sciences, international services, engineering and financial services.
At the end of 2005 there were over 132,000 people employed IDA assisted companies. The challenge for IDA Ireland is to sustain, embed and grow this investment. In responding to this challenge, IDA Ireland is focusing on the development of its employment base into high technology, high value added and high skill functions, including not only high-end manufacturing, but also areas such as high-end services and research and development.
Ireland has re-invented its attractions for inward investment over the past seven years, recognising changes in global conditions and in our own circumstances. Now Ireland is distinguished by the quality of our national capabilities as much as by the efficiency of our performance. Investors comment on the nimbleness and coherence with which change is achieved in Ireland, and we have a global reputation as a location for advanced manufacturing, sophisticated business services and, increasingly, for leading research and innovation. Each of these areas will be of critical importance to our continuing success.
In order to support this success in attracting high quality FDI IDA Ireland has adopted a series of interlinked programmes of work, addressing issues such as competitiveness, the development of niche markets where we can be world leaders and networking with third level and research institutions.
Obviously, we can not rely solely on inward investment in terms of future job creation requirements. Indeed, the indigenous sector is very important in this regard. Enterprise Ireland supported companies made a significant contribution to the Irish economy in 2005, spending over €16 billion on payroll and Irish sourced goods and service and achieved €1.275 billion in new international exports in that year. Enterprise Ireland's work in assisting indigenous companies to grow and compete in international markets will remain a key focus of our enterprise development policy.
The thirty-five City and County Enterprise Boards approved a total of €12.5m in grant aid to micro-enterprise businesses in respect of nearly 1,000 projects during 2005. Over 30,000 net jobs have been created in CEB assisted enterprises from 1993 to end 2005. Some 2,000 net new jobs were created and over 17,000 people participated on CEB training programmes throughout 2005. These management development and training programmes can contribute indirectly to an overall strong national economic performance by providing entrepreneurs with the skills to develop the growth potential and competitiveness of their individual enterprises.
I am satisfied that the policies and strategies being pursued by the enterprise development agencies are the most appropriate ones to attract and grow investment in the country and that these will, in turn, help to grow quality employment into the future.
171 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the plans he has to develop investment and job creation in the alternative fuel industry; and if he will make a statement on the matter. [32374/06]
My colleague the Minister for Communications, Marine and Natural Resources, Mr. Noel Dempsey T.D., has policy responsibility for energy related matters, including the alternative fuel industry.
The Government is firmly committed to the development of bio-energy generally in Ireland and a number of initiatives are already in place to promote the biofuels sector. To this end, a Ministerial Bio-Energy Task Force was set up in July 2006. The Task Force, of which I am a member, is chaired by my colleague, Minister Noel Dempsey. The primary objective of the Task Force is to draw up a cohesive national bio-energy strategy by the end of the year, which will set targets for deployment of bio-energy, identify priority areas for development and the necessary support measures to encourage supply and demand. This strategy will also take account of EU developments, and the views of key stakeholders under the Energy Green Paper consultation process.
From an enterprise development perspective, Enterprise Ireland offers both feasibility and research and development support to clients operating in this sector. I am currently considering how my Department and agencies can further contribute to the stimulation and development of a viable alternative fuels industry and this will be addressed as part of the national bio-energy strategy currently being formulated by the Ministerial Task Force.
174 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he is satisfied that manufacturing industry here can adequately compete with imports or on world markets with competitors; and if he will make a statement on the matter. [32377/06]
Ireland can no longer compete long-term in commoditised markets against low cost economies. This is demonstrated by the decline in the number of firms and persons employed in the Textiles, Leather and Electrical machinery sectors over the past five years. Competitiveness in commoditised, low value added sectors such as these is largely based on low-wage and non-wage costs. The rising cost environment in Ireland since 2000 has put Ireland at a significant competitive disadvantage for these types of manufacturing activities.
However, Irish manufacturers engaged in specialised, sophisticated, high technology and value added activities, and/or operating in non-commoditised markets (e.g. the medical technologies and chemicals sectors) can continue to compete successfully on international markets going forward. These sectors require specialised skilled staff, specialised technologies and flexible operations, and other factors which are not readily available in many low cost economies, such as modern Intellectual Property (IP) protection laws, a business friendly regulatory environment, etc.
The issue of cost competitiveness and the health of manufacturing depends on a wide array of issues, from the availability of suitable skills to the impact of higher wage costs. The difficulties being faced by some manufacturing sectors in Ireland is mainly due to shifting patterns of international comparative advantage and the process of structural change, with capital and labour resources tied up in declining firms and industries being allocated to other ‘higher value-added' activities more suited to the new, higher cost, Irish operating environment.
The Irish manufacturing sector has been a key component of the Irish economy over the last two decades and it will continue to be a significant contributor to exports, employment and economic growth in the future.
To assist industry to maintain competitiveness and increase productivity, the economic development agencies are working on an ongoing basis to promote the adoption of new technology and best practice at company level. The agencies aim to support sustainable, high value added enterprise in Ireland through the provision of mentoring and developmental supports, the enhancement of management capabilities and critical workforce skills in client companies, support for the creation and implementation of strategies for market entry, development and growth, and strong supports for innovation and for research and development.
176 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the number and location of job losses throughout County Kildare in the past five years in the manufacturing sector; the number of replacement jobs in manufacturing; and if he will make a statement on the matter. [32380/06]
The table sets out the position in relation to job gains and job losses, in relation to full-time manufacturing jobs, in agency assisted firms in Co. Kildare over the period 2001-2005. Over the past 5 years, IDA Ireland's focused strategy for Kildare has been to promote the county as part of an integrated East Region with access to a population base of 1.5 million people. IDA Ireland's strategy for County Kildare is to: progress the development of a knowledge economy; encourage increased co-operation between foreign direct investment companies and third level institutions in the county; work with the existing client base in the county to expand its presence; provide modern property solutions with supporting infrastructure; work with Local Authorities and relevant infrastructure providers to influence the delivery of appropriate infrastructure to the county for example the new Millennium Park, Naas which is comprised of 3 modern 40,000 sq.ft. advance office buildings, which are available for marketing to inward investors.
Kildare has in recent years attracted some world class manufacturing companies such as Intel, Braun Oral B and Hewlett Packard. IDA is also working to attract the International Services, Software, Financial Services and Pharmaceuticals sectors and in recent months IFS (a financial services firm) has established a facility in the Millennium Park, Naas. To support this strategy IDA Ireland is working closely with educational institutions in the County, in developing the skill sets necessary to attract high value added employment to the county. IDA is also working with FÁS to provide guidance in developing the skill sets needed by those already in the workforce who are interested in upskilling.
In terms of job creation, Enterprise Ireland activity is focussed on the creation of new jobs through supporting entrepreneurs in manufacturing and internationally traded services companies who are setting up new High Potential Start-Up Companies, the retention and creation of new jobs in existing companies and in enhancing the innovation capability of Ireland at a national and regional level through supporting research in companies and third level institutions. Since the beginning of 2003, E I has approved over €12m in support to companies in Kildare to help them grow their sales and exports and improve innovation and new product development in order that they can compete on world markets.
New companies — now leaders in the consumer products market — have been established and have created new employment. The consumer foods sector in particular, has shown rapid growth over the last number of years, reflecting significant changes in eating habits and an increase in demand for convenience foods. The announcement in January 2005 by Green Isle Foods of a major €22.6 million expansion investment in the county, supported by Enterprise Ireland, is well under way and is expected to lead to the creation of 130 new jobs.
The announcement in May 2006 of a €28m investment by Dawn Farm Foods Ltd. in Naas, Co. Kildare and supported by EI, relates to the development of a State-of-the-Art meat science innovation centre together with significant investment in research and development and additional capital investment. Overall, 100 new jobs will be created, increasing employment in Dawn Farm Foods to 580 by 2011. In addition, the number of dedicated research and development personnel in the company will double from 15 to 30. In addition to providing direct financial assistance, Kildare CEB also provides indirect assistance such as advice, mentoring and a broad range of training programmes for prospective entrants or established participants in the micro-enterprise sector.
|
2001 |
2002 |
2003 |
2004 |
2005 |
Totals |
|
|
Manufacturing Job Gains |
594 |
877 |
843 |
1,015 |
796 |
4,125 |
|
Foreign |
260 |
543 |
583 |
596 |
552 |
2,534 |
|
Irish |
334 |
334 |
260 |
419 |
244 |
1,591 |
|
Manufacturing Job Losses |
-952 |
-483 |
-683 |
-720 |
-374 |
-3,212 |
|
Foreign |
-659 |
-94 |
-484 |
-402 |
-149 |
-1,788 |
|
Irish |
-293 |
-389 |
-199 |
-318 |
-225 |
-1,424 |
|
Job Change |
-358 |
394 |
160 |
295 |
422 |
913 |
177 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the extent to which adequate resources are available to FÁS for the provision of the full requirement of programmes or schemes; and if he will make a statement on the matter. [32381/06]
The budget for FÁS is agreed on the basis of detailed discussions between FÁS, my Department and the Department of Finance in the context of the annual Estimates process. My Department has allocated a total of €985.175 million to FÁS in the 2006 Estimate. This is an increase of approximately 8% on the amount spent by FÁS in 2005.
This budget is allocated by FÁS to the specific approved programmes/schemes, which are designed to meet the overall objectives set out in the FÁS Statement of Strategy 2006-2009.
180 Mr. Deasy asked the Minister for Enterprise, Trade and Employment the specific steps being taken by the IDA Ireland to promote additional industry in Waterford City and county. [32384/06]
IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions. The marketing of individual areas, including Waterford, for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. While I may give general policy directives to the Agency, I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others.
As the Gateway location for the South-East Region, IDA Ireland is seeking to develop Waterford City as a first-class location for overseas investment and is working closely with a wide range of local bodies to develop the necessary infrastructure, skills availability and support services capable of attracting investment into Waterford and the entire region.
As part of this strategy, IDA Ireland aims to provide world class property solutions of scale in the Waterford City area and to develop property solutions in the county town of Dungarvan, with appropriate supporting infrastructure in both cases. Recent years have seen the development of the 70 acre Waterford Business and Technology Park, the Dungarvan Business Park as well as the large scale 136 acre Greenfield site in Belview, which is specifically targeted for larger scale utility intensive overseas investments. A further 50 acre site adjacent to the Genzyme facility on the Kilmeaden road in Waterford City is also available for Greenfield investment.
In parallel with developments on the property solutions side, IDA Ireland continues to work closely with third level educational institutes in the region so that the skill sets necessary to attract high value-added employment to the county are being developed. The Agency is of the view that Waterford Institute of Technology will play an ever-increasing role in the attraction and maintenance of overseas companies in the county. In addition, IDA maintains a close relationship with FÁS so that the requirements of industry, particularly in the area of training and upskilling, are being met.
At present there are thirty IDA Ireland supported companies in Waterford, employing approximately 5,800 people and the Agency is also actively engaged with the existing IDA client base in Co. Waterford to encourage their transition to higher value activities and their increased embeddedness in the area.
Waterford has a long and strong track record as a centre of manufacturing expertise. The county has a key strength in engineering, in both indigenous and overseas sectors. In more recent years however, these have been giving way to newer, more advanced manufacturing. In marketing Co. Waterford for new foreign direct investment, IDA Ireland is focussed on attracting overseas companies in the services and knowledge based industries e.g. Life Sciences, ICT, International Services and High Technology Engineering.
181 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32424/06]
In so far as the question relates to company law inquiries, I would refer the Deputy to the tables below which set out summary details of all company law investigations, for which my Department has had responsibility, since 1997.
Sixteen investigations into company law matters were initiated by my predecessor in the period since 1997. In three cases, the High Court appointed, on an application by the Minister, inspectors under section 8 of the Companies Act 1990. The Inspectors appointed to Ansbacher (Cayman) Limited presented their Report to the High Court on 10 June 2002. The Inspectors appointed to National Irish Bank Ltd and National Irish Bank Financial Services Ltd presented their Report to the High Court on 12 July 2004.
One investigation under section 14 of the Companies Act 1990 was completed in 1998 and the report was referred to the Criminal Assets Bureau and the Director of Public Prosecutions (DPP).
One investigation was undertaken under section 59 of the Insurance Act 1989. The report on this was referred to the DPP as well as to the Inspectors who undertook the section 8 investigation into that company.
Eleven investigations were initiated by the Minister under section 19 of the Companies Act 1990. Six of these have been concluded.
Two of the eleven Section 19 investigations were held up in legal appeals, to such extent that no effective progress was made by the authorised officer and the matter of reports of the examinations did not arise. These enquiries are now the responsibility of the Director of Corporate Enforcement.
In relation to the three remaining Section 19 examinations, I would refer the Deputy to my reply to Question No. 11278 of 23 March 2006. The Authorised Officer is continuing to provide information and assistance to relevant authorities, as outlined in that reply.
Table of Investigations under Section 12, 14 & 19 of the Companies Act 1990
The table outlines the costs incurred by the Exchequer on company investigations commenced since 1995, up to and including 31 December 2004. The costs do not include the salary cost of civil service staff working on or who have worked on these investigations or the legal costs relating to a number of these investigations that were borne by the Chief State Solicitor's Office.
|
Year Commenced |
Name of Inquiry |
Date of completion |
Section of Companies Act 1990 under which inquiry was initiated |
Costs |
|
€ |
||||
|
1995 |
Clonmannon Retirement Village, Rayhill Properties Co Ltd, Hilltop Catering Ltd & Home Affairs Ltd (Liquidation of Companies by a Court Appointed liquidator) |
Ongoing. The completion of the liquidation process has been delayed by an appeal to the Supreme Court by a former director of the company who was found by the High Court to be personally liable for the debts of the companies. A completion date is dependent on the appeal. Further costs are expected in order to complete the liquidation process. |
Commenced under Section 19 in 1994 and continued under Section 12 (2) from 1995 onwards. |
215,093 |
|
1997 |
Garuda Ltd |
December 1998 |
Section 19 |
Not available |
|
1997 |
Celtic Helicopters Ltd |
March 2003 |
Section 19 |
11,300 |
|
1997 |
Bula Resources |
July 1998 |
Section 14 |
258,673 |
|
1998 |
Hamilton Ross |
Ongoing |
Section 19 |
3,896 |
|
1998 |
Guinness & Mahon (Ireland) Ltd |
Ongoing |
Section 19 |
357,433 |
|
1998 |
Irish Intercontinental Bank Ltd |
June 2000 |
Section 19 |
161,654 |
|
1998 |
Ansbacher (Cayman) Ltd |
June 1999 |
Section 19 |
26,179 |
|
1998 |
Kentford Securities Ltd |
September 2000 |
Section 19 |
13,456 |
|
1991998 |
Dunnes Stores Ireland Company/ Dunnes Stores ILAC Company Ltd |
Delayed due to Court Action and now the responsibility of the Director of Corporate Enforcement |
Section 19 |
303,821 |
|
1998 |
Faxhill Homes Ltd |
December 1998 |
Section 19 |
231,786 |
|
1998 |
National Irish Bank Ltd & NIB Financial Services |
June 1998 |
Section 19 |
Not available |
|
1999 |
College Trustees Ltd |
Ongoing |
Section 19 |
4,580 |
|
1998-2004 |
Other costs related to the investigations but not specific to any one |
Section 19 |
59,524 |
|
|
Total |
1,647,395 |
Table of Investigations initiated by the Minister under Section 8 of the Companies Act 1990.
The cost of the investigations by Inspectors appointed by the High Court are defrayed in the first instance by the Minister for Justice, Equality and Law Reform. However, the High Court has discretion to direct that either (a) a body corporate dealt with in the inspector's report or (b) the applicant(s) for the investigation shall be liable to repay the relevant Minister, and the extent to which they are liable.
|
Year Commenced |
Subject under investigation |
Date of completion of Report |
Costs |
|
1999 |
Ansbacher (Cayman) Limited |
June 2002 |
€3,500,000 The High Court proceedings taken by the State to recover the costs of the inquiry were settled out of court for the sum of €1.25m in favour of the State. |
|
1998 |
National Irish Bank Ltd & NIB Financial Services Ltd |
July 2004 |
€5,842,960 The full costs of the investigation were recouped in April 2005. |
Note: Payments made prior to the Euro changeover on 1 January 2002 were made in Irish Punts. However, for ease of reference the payments are converted into Euros in the above schedules at the rate of 0.787564 Euros to the £.
Table of Investigations initiated by the Minister under Insurance Legislation
|
Year Commenced |
Name of Inquiry |
Date of completion |
Section of Statutory provision under which inquiry was initiated |
Costs |
|
1998 |
National Irish Bank Financial Services Limited |
June 1998 |
Section 59, Insurance Act, 1989 |
Not available |
182 Mr. Kenny asked the Minister for Social and Family Affairs the breakdown of unemployment by age, gender and location in Clondalkin, Dublin 22; and if he will make a statement on the matter. [32211/06]
The catchment area for Clondalkin Social Welfare Local Office includes Lucan, Newcastle, Rathcoole and Saggart in addition to Clondalkin. Analysis of the Live Register by age and gender is carried out twice yearly in April and October. Due to the method of collating and analysing data it is not possible to supply a breakdown by each location of the persons claiming Job Seekers payments in the Clondalkin Local Office catchment area.
A breakdown by age and gender of persons claiming Job Seekers payments at the Clondalkin Social Welfare Local Office at April 2006 is set out in the table.
|
Age group |
Total |
|
|
Male |
Under 20 |
151 |
|
20-24 |
400 |
|
|
25-34 |
697 |
|
|
35-44 |
500 |
|
|
45-54 |
299 |
|
|
55-59 |
117 |
|
|
60-64 |
69 |
|
|
Total |
2,233 |
|
|
Female |
Under 20 |
117 |
|
20-24 |
277 |
|
|
25-34 |
400 |
|
|
35-44 |
278 |
|
|
45-54 |
204 |
|
|
55-59 |
84 |
|
|
60-64 |
42 |
|
|
Total |
1,402 |
183 Mr. F. McGrath asked the Minister for Social and Family Affairs if he will introduce a cost of disability allowance of €40 per week for people currently in receipt of means tested social welfare payment. [32315/06]
A working group established under the Programme for Prosperity and Fairness (PPF), with cross-departmental membership which includes my Department and chaired by the Department of Health and Children, has examined the feasibility of the introduction of a cost of disability payment. The National Disability Authority, on behalf of the working group and in line with its own remit, commissioned research into the feasibility of the introduction of such a payment. The purpose of this research was to advise regarding the additional costs incurred by people with disabilities, owing specifically to the direct or indirect costs of disability and the appropriate mechanisms or instruments by which to address identified additional costs. The resultant report, Disability and the Cost of Living, was subsequently published by the National Disability Authority.
The group considers it vital that comprehensive data is available on which to base consideration of the introduction of a cost of disability payment, in addition to a structured process of the assessment of need. The working group recommended that steps be taken to improve the quality of data relating to disability in Ireland, for example, adjustment of existing data gathering exercises undertaken by the Central Statistics Office or other relevant bodies to include questions on the numbers per household with disabilities, the nature of disability and severity of impairment.
The group has also examined the scope for addressing barriers that exist for people with disabilities who wish to undertake or increase their employment and thus move to a position of greater economic independence. In this regard, as part of the Social Welfare Budget package 2006, I introduced a change to the withdrawal rate of Disability Allowance and Blind Pension for income in excess of the current earnings disregard level which means that a single person can earn up to a maximum of €390 per week from rehabilitative employment before their Disability Allowance or Blind Pension is fully withdrawn. The outcome of this change will be monitored to assess its effect on increased employment participation and to identify any further policy changes required.
In terms of ensuring adequate levels of income for people with disabilities, the current ten-year Social Partnership Agreement, Towards 2016, includes the commitment to work for the continued enhancement and integration of supports in line with overall social welfare targets. These will include a rationalisation of existing allowances for people with disabilities in the context of the Government's policy of mainstreaming and the proposed transfer of functions from the Health Services Executive to my Department which includes a number of disability-related schemes, including the Domiciliary Care Allowance, Mobility Allowance and Blind Welfare Allowance. An inter-departmental working group has now been established to progress the implementation of this transfer. Other issues around the cost of disability will be considered following the development of a needs assessment system provided for under Part 2 of the Disability Act, 2005.
My Department's Disability Sectoral Plan similarly contains actions in relation to the rationalisation of existing allowances for people with disabilities. The Plan also includes agreed protocols with the Department of Health and Children and the Department of Enterprise, Trade and Employment on actions required to ensure that income supports and associated benefits do not create financial barriers to people with disabilities participating in the labour force or availing of training, educational or other developmental opportunities.
I look forward to the implementation of the sectoral plan over the next three years and to continuing the commitment to expand and deliver services that best support, recognise and encourage people with disabilities as well as those who provide a caring role.
184 Mr. F. McGrath asked the Minister for Social and Family Affairs if he will increase disability allowance by €20 per week to €185 and make a commitment to sustained increases going forward. [32316/06]
Towards 2016, the recently ratified social partnership agreement, includes a commitment to achieve the target of €150 per week, in 2002 terms, for the lowest social welfare rates by 2007 and to maintain the value of these rates at this level over the course of the agreement, subject to available resources. This commitment applies to a wide range of social welfare schemes, including disability allowance. Budget 2006 saw an increase of €17 per week in the weekly rate of disability allowance to €165.80 per week. This represented an increase of 11.4%, which was well above the 2006 projected inflation rate and ensured that the Government remains on course to deliver on its commitment on the lowest social welfare rates. A €20 increase in the rate of disability allowance would cost an estimated €93.5 million in a full year. Further improvements in the rate of disability allowance will be considered in the context of the forthcoming Budget.
185 Ms Shortall asked the Minister for Social and Family Affairs the cost to the Exchequer in each case of raising the qualifying threshold for fuel allowance by €20 per week, €50 per week and €100 per week. [32302/06]
The aim of the national fuel scheme is to assist householders on long-term social welfare or health service executive payments with meeting the cost of their heating needs during the winter season. Fuel allowances are paid for 29 weeks from end-September to mid-April. The allowance represents a contribution towards a person's normal heating expenses. It is estimated that some 274,000 people (151,000 with basic fuel allowance and 123,000 with smokeless fuel supplement) will benefit in 2006 at an estimated annual cost €125.1m.
A number of improvements have been made to the scheme in recent years including the easing of the means test and extending the duration of payment from 26 weeks to 29 weeks. Most recently, Budget 2006 provided for an increase in the rate of fuel allowance of €5.00 from €9.00 to €14.00 (€17.90 in designated smokeless areas). Eligibility to the fuel allowance scheme is subject to means and other conditions. The main conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, must satisfy a means test and must either be living alone or with a qualifying dependant.
People who are in receipt of relevant non-contributory payments do not have to undergo a further means assessment for fuel allowance purposes. An income test applies in the case of other applicants whereby they and members of their household may have savings/investments of up to €46,000 or a combined household income of up to €51 per week, over and above the maximum rate of state pension (contributory) and still qualify for fuel allowance. This income limit was increased to €51 per week with effect from 1 June 2005. The fuel allowance income limits increase each season in line with the increases in the rate of the state pension (contributory).
The cost to the exchequer from raising qualifying thresholds as outlined in the Deputy's question would depend on the extra numbers who would apply and qualify for the fuel allowance as a result of the measure. An accurate quantification of these numbers is not readily available. However, it is estimated that it could cost approximately €1.9 million to raise the income limit by €20, approximately €3.7 million to raise it by €50 and approximately €5.5 million to raise it by €100.
Any changes to the fuel allowance scheme such as rates of payment, income limits and eligibility would have significant cost implications and would have to be considered in the context of the Budget and in the light of the resources available for improvements in social welfare generally.
186 Mr. Bruton asked the Minister for Social and Family Affairs when the living alone allowance was last increased; the value of same if it had been indexed up over the intervening period with the contributory old age pension; and the cost of delivering such an increase. [32407/06]
The living alone allowance or living alone increase as it is now known, is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The increase is intended as a contribution towards the additional costs people face when they live alone. The payment was last increased in 1996 and at that time the Living Alone Increase represented 8% of the personal rate for old age contributory pensioners. If the increase had kept pace with the increase in pensions since then it would now be worth approximately €15.40 per week. The estimated cost of bringing the increase up to this level is €61.5 million per annum.
I should point out that, over the past 10 years, the Government has made great strides in improving and expanding social welfare payments and entitlements, e.g., since 1996, pensions have increased by almost 104%, or nearly 50% in real terms.
187 Mr. Stanton asked the Minister for Social and Family Affairs if the backlog in processing claims for carer’s allowance still exists; the number of claims which are awaiting decision; when he expects these claims to be dealt with; the number of claims processed by his Department to date in 2006 and the numbers processed on 2005 and 2004 respectively; and if he will make a statement on the matter. [32410/06]
188 Mr. Stanton asked the Minister for Social and Family Affairs the average amount of time it takes to process a claim for carer’s allowance at present and for 2006, 2005 and 2004 respectively; the longest amount of time it has taken his Department to process a carer’s allowance claim in 2006; and if he will make a statement on the matter. [32411/06]
189 Mr. Stanton asked the Minister for Social and Family Affairs the reasons for delays in processing carer’s allowance claims; the efforts his Department has made to address these delays; and if he will make a statement on the matter. [32412/06]
I propose to take Questions Nos. 187 to 189, inclusive, together.
Entitlement to carer's allowance is based on an applicant satisfying medical, means and residency conditions. In determining entitlement to the allowance there are, in certain cases, unavoidable time lags involved in making the necessary investigations and enquiries to enable timely and accurate decision to be made. Delays can also arise if persons applying for the allowance are not in a position to supply all the necessary information in support of their claim.
Because of these factors, there will always be a certain volume of claims on hands awaiting finalisation and these cannot be regarded as a backlog. Many applicants for carer's allowance are already in receipt of another social welfare payment while their claim is being processed. Such payments will normally continue until entitlement to their carers allowance is determined.
There are currently 2,163 pending cases awaiting a decision, over 40% of which were received within the last eight weeks. The majority of claims currently on hands will be processed within the next ten weeks. The average time for deciding an application for carer's allowance is currently 9.53 weeks, although in many cases they are processed within a far shorter timeframe. The average in 2005 was 8.88 weeks, while the average in 2004 was 12.70 weeks. It is not possible to identify the longest amount of time it has taken to process an individual carer's allowance application in 2006. 7,177 new claims were processed to a final decision in the nine months up to the end of September, compared to a total of 8,793 over the whole of 2005 and 8,196 in 2004.
The volume of claims finalised so far this year represents a 9% increase on the average achieved in 2005 and a 17% increase on the average achieved in 2004. There are 27,000 carer's allowances in payment, compared to 25,000 at the end of 2005 and 23,000 at the end of 2004. The staff and other resources available to my Department must be deployed to ensure good customer service, to prevent fraud and abuse of the schemes and to achieve value for money. My Department is engaged in an ongoing process to ensure that available resources are prioritised to the greatest extent possible on front line service delivery and to ensure that the best possible standard of response is provided across the range of schemes and services. The position will be kept under review to ensure that the best possible customer service is provided.
190 Mr. J. O’Keeffe asked the Minister for Social and Family Affairs the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32430/06]
My Department has not held any tribunal of inquiry, commission of inquiry or investigation since 1997.
191 Ms O. Mitchell asked the Minister for Transport his views on the letter of 26 September 2006 regarding The Driving Instructor Register of Ireland Limited. [32161/06]
The Road Safety Authority is responsible for registering driving instructors. I have referred the letter of 26 September regarding the Driving Instructor Register of Ireland Limited to the RSA for appropriate attention.
192 Mr. Kenny asked the Minister for Transport the number of new buses that will be made available in the Lucan and Clondalkin area; and if he will make a statement on the matter. [32235/06]
This is a day-to-day operational matter for the company concerned and not one in which I have any role.
193 Mr. J. O’Keeffe asked the Minister for Transport the draft heads of terms submitted for ministerial approval on 18 May 2005, in relation to the arrangement entered into without public or tendering process by the Dublin Port Company and a private group (details supplied) relating to over 30 acres of Dublin Port Company park; the view of the Attorney General on such an arrangement; and the response given to Dublin Port Company referred to as being considered in the reply to Parliamentary Question No. 169 of 16 February 2006. [32414/06]
As outlined in the Minister's reply of 16 February 2006, Dublin Port Company wrote to me as Marine Minister on 18 May 2005 seeking ministerial approval for the company to enter into an arrangement with the Anna Livia consortium, as detailed in draft heads of terms enclosed with the letter.
The proposed arrangement was in essence that in the event that the consortium was successful in the National Conference Centre competition, and subject to the Minister's consent, Dublin Port Company would make a site available to facilitate the consortium's proposal for a National Conference Centre. Following approval by the Government, the Minister for Arts, Sport and Tourism, John O'Donoghue, TD, announced in November 2005 that Spencer Dock International Conference Centre Consortium was being invited to become the Provisional Preferred Tenderer for the provision of a National Conference Centre in Dublin.
As the Deputy may be aware, on 31 August 2006, that Minister further announced that this consortium was being invited to become the Preferred Tenderer in this regard. Since the consortium with which Dublin Port Company signed the heads of terms was not successful in the competition, the Ministerial approval requested by Dublin Port Company on 18 May 2005 is no longer required. Regarding the advice received on the matter from the Attorney General, I am sure the Deputy will appreciate that such advice is subject to legal professional privilege.
194 Mr. J. O’Keeffe asked the Minister for Transport the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32432/06]
The information requested by the Deputy is outlined in the table.
|
Title of Inquiry |
Costs |
Date Completed |
|
€ |
||
|
Investigation into fatal air accident of Aer Lingus Viscount St. Phelim EI-AOM 2000 off Tuskar Rock on 24 March, 1968 Date established: November, 2000 |
117,035 |
January 2002 |
|
Inquiry into non-fatal accident of Aer Lingus DC3 near Birmingham on 1st January, 1953 |
95,954 |
March 2002 |
|
Inquiry into the rail accident at Kiltoom Level Crossing |
3,767 |
August 2003 |
|
Inquiry into derailment of freight train at Cahir Viaduct on 7th October, 2003 |
19,765 |
January 2005 |
195 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the number of placements required and proposed through SE schemes in 2006 and 2007; and if he will make a statement on the matter. [32379/06]
The Social Economy Programme transferred to my Department on 1st January 2006. The amount of funding which transferred matched the existing liabilities within the programme. There are currently 1,654 positions funded under what has been renamed the Community Services Programme.
It is expected that there will be approximately 600 extra places funded in 2007.
196 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide funding for a radio station (details supplied); and if he will make a statement on the matter. [32187/06]
The radio station in question sought funding under the Community Services Programme operated by my Department.
It is likely that a decision on the application will be notified to the group by the end of October.
197 Ms B. Moynihan-Cronin asked the Minister for Community, Rural and Gaeltacht Affairs the status of an application for grant aid by a group (details supplied) in County Kerry; if he will ensure that their application will be dealt with; and if he will make a statement on the matter. [32362/06]
Under the 2006 round of Dormant Accounts Funding, €24 million has been earmarked for programmes and projects dealing with social and economic disadvantage. One of the measures in this category provides for funding of up to €3 million for Projects Supporting Initiatives for Older People.
Applications received for this funding measure are currently being processed, including one received from the organisation in question. It is anticipated that this process will be completed shortly and that decisions will be made by Government, in accordance with the legislation, over the coming weeks.
198 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 5 of 5 October 2006, if he will publish the information he received from Údarás na Gaeltachta in regard to the case in question; and if he will make a statement on the matter. [32363/06]
I have arranged for a copy of the letter in question, dated 3 October 2006 from Údarás na Gaeltachta to my Department, to be forwarded to the Deputy. I can further advise the Deputy that officials from my Department will meet Údarás in the coming week in regard to issues arising.
199 Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs when the €5 million of funding available through Pobail for integration projects, as announced in budget 2006, will be made available; the criteria which will need to be met by applicants; and the grant levels which will be available. [32364/06]
Following allocation of this additional €5 million to the Community Services Programme my Department announced details of the new application process in May this year.
The objective of the Programme is to support local community activity to address disadvantage, while providing employment opportunities for people from disadvantaged target groups.
The following are categories of projects eligible to apply for this additional €5m funding:
Community childcare services (excluding those groups currently funded under the Equal Opportunities Childcare Programme except for activities not eligible under this programme).
Community services for the elderly (excluding healthcare provision).
Community services, which support or employ people with disabilities (excluding healthcare provision).
Projects, which support and employ stabilised and recovering drug misusers (excluding healthcare provision).
Community services or community enterprises for island communities.
Community radio.
Community enterprises, which support or employ Travellers (excluding healthcare provision).
Supervising community halls and facilities with a priority focus on disadvantaged areas.
Community heritage centres.
Managed rural walks.
Interested groups were requested to make their application through their local Partnership, Údarás na Gaeltachta, Community Partnership or LEADER office.
Successful applicants will be funded
On a multi annual basis to the end of 2009.
Funding will be subdivided into 3 main components:
Salaries (Manager, staff etc.)
Overheads (rent, heat, light, phone, postage, insurance etc).
Actions.
Grants to existing projects vary from approximately €25,000 to €400,000.
It is hoped that decisions on applications will be notified to the groups by the Department by the end of October.
200 Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the type of funding made available by his Department for immigrant support groups and other immigration services; and the number, distribution and amount of grants awarded each year from 2002 to 2005. [32365/06]
My Department provides funding for immigrant support groups under a number of headings.
White Paper on a Framework for Supporting Voluntary Activity
Under the White Paper on a Framework for Supporting Voluntary Activity two immigrant support groups are funded.
Under the Federation and Networks Scheme, Integrating Ireland receive €132,000 over three years 2003-2006.
Under the Anti-Poverty Scheme, The Irish Refugee Council receive €443,505 over three years 2003-2006.
Dormant Accounts
During 2004 and 2005 the Dormant Accounts Fund Disbursements Board approved the following allocations from the Dormant Accounts Fund to support immigrant groups:
|
Group/Organisation |
Amount Granted |
Purpose of Grant |
|
€ |
||
|
Catherine McAuley Centre, Dublin 2 |
68,208.00 |
Setting up support and integration groups for women asylum seekers, refugees and immigrants. |
|
Galway Refugee Support Group, Headford Road, Galway City |
82,710.00 |
Developing programmes that help refugees integrate into the local community. |
|
Doras Luimní, South Circular Rd Limerick City |
41,754.00 |
Providing an information and advice service to asylum seekers. |
Following the enactment of the Dormant Accounts (Amendment) Act 2005, decisions on dormant accounts disbursements are now made by Government. To date in 2006, the allocations in the table have been approved by Government from the Dormant Accounts Fund in respect of supports for immigrant groups.
|
Organisation |
Location |
Amount Granted |
|
€ |
||
|
Longford Women’s Link |
Longford |
81,856.00 |
|
Cork City Partnership Ltd |
County Cork |
99,000.00 |
|
Blanchardstown Area Partnership |
Dublin 15 |
69,900.00 |
|
Partnership Trá Lí |
County Kerry |
47,440.00 |
|
Drogheda Partnership Group |
County Louth |
113,000.00 |
|
Meitheal Mhaigheo Teo. |
County Mayo |
117,983.00 |
|
Waterford Area Partnership Ltd |
County Waterford |
127,666.00 |
LDSIP supports for refugees in 2005 and 2006
Refugees were identified — along with asylum seekers — as a target group of the Local Development Social Inclusion Programme (LDSIP) at its outset in 2000. Since then, under the LDSIP a significant number of Area-based Partnerships, Community Partnerships and Employment Pacts have developed actions to support refugees, often as part of broader supports for immigrants, including asylum seekers and/or migrant workers.
With regard to expenditure under LDSIP for immigrant groups etc., the position is that the LDSIP data is not currently disaggregated. However, I am informed that in 2005 18% of initiatives under the services to the unemployed measure were for Asylum Seekers & Refugees, 27% of initiatives under the Community Development measure were for that target group as were 9% of initiatives under the Community based Youth Initiatives measure.
201 Mr. J. O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32421/06]
No commissions, tribunals or investigations of this nature have been commenced by my Department since its establishment in June 2002.
202 Ms Enright asked the Minister for Agriculture and Food the reason a deduction of €4.91 has been made from a pension awarded to a person (details supplied) in County Offaly by her Department; and if she will make a statement on the matter. [32300/06]
The deduction referred to in respect of the pension of the person in question is a result of his joining the revised non-established state employees' spouses and children contributory pensions scheme in 1990. I have asked my Department to write to the person in question explaining the position in more detail.
203 Mr. Aylward asked the Minister for Agriculture and Food the progress to date on the appeal of the 2005 single payment scheme national reserve by a person (details supplied) in County Kilkenny. [32151/06]
The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Categories A and B.
Category A caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May, 2005 and who had leased out his/her holding to a third party during the reference period 2000 to 2002. The person named has been deemed successful under this Category.
Category B caters for farmers who, between 1 January, 2000 and 19 October, 2003 made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-2002. Investments can include purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments.
The person named applied under Category B(i) in relation to purchased/leased land and has been deemed unsuccessful as the land involved was inherited and inherited land is not eligible under this category. He also applied under Category B(ii) for the purchase of suckler quota and B(iv) for other investments and was deemed successful under both categories. A formal letter setting out my Department's decision and relevant payment due has issued to the person named.
It should be noted however that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the Reserve may only receive an allocation of entitlements under whichever category is most beneficial to him/her.
As Category B was more beneficial an allocation under this Category has been applied.
The person named submitted an appeal and the Independent Single Payment Appeals Committee will carry out a full review of the case and will correspond directly with him following the outcome of their review.
204 Mr. Naughten asked the Minister for Agriculture and Food the actions she has taken to date to implement the recommendations in the sheep strategy group report; the steps that she intends to take to support the sheep industry; and if she will make a statement on the matter. [32152/06]
The Sheep Strategy Group completed its comprehensive study of the sheep industry in June 2006. The report sets out a Development Plan for the sector contained in 37 recommendations covering all relevant aspects of the sector. I decided that the best way to implement these recommendations was to set up an implementation body comprised of representatives of all sectors in the industry. It is chaired by Mr John Malone former Secretary General of my Department who was also the author of the Strategy Group report. The implementation body held its inaugural meeting on 25th July and has continued its work since then.
I have informed the body that I will provide whatever assistance I can to help it pursue its objectives for the betterment of the industry.
205 Mr. Naughten asked the Minister for Agriculture and Food the tonnage of sheep meat and sheep carcasses exported to Portugal from 1 August 2006 to date the corresponding figure for 2005; and if she will make a statement on the matter. [32153/06]
The latest period for which official trade statistics are available is the 6-month period ending 30th June 2006. During that period, a total of 117 tonnes of Sheep meat (carcass weight equivalent) was exported to Portugal. This compares to 135 tonnes for the corresponding period in 2005 and 989 tonnes for the year 2005 in total.
207 Mr. Crawford asked the Minister for Agriculture and Food if further progress has been made in changing the BSE testing for cattle up to 36 months; and her views on whether this is causing difficulty for many of the high quality cattle fatteners; her further views on whether these cattle are going into the same market at the same price yet discounted to the farmer producer; and if she will make a statement on the matter. [32274/06]
The requirement that all bovine animals over 30 months of age, slaughtered for human consumption, must be tested for BSE is provided for in Regulation (EC) No. 999/2001 of the European Parliament and of the Council, laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, TSEs. Under the Regulation, as it currently stands, I have no discretion to raise the age limit at which bovines destined for human consumption must be tested. I, and my officials, have made repeated efforts to have the age thresholds for the various categories of animals changed, based on the results of surveillance carried out here. Amendments to the TSE Regulation, including Community rules in relation to testing for BSE, have been under discussion in various EU fora, including the Council, the Commission and the European Parliament. My support for a change reflects the difficulties which I entirely appreciate are being experienced by some producers in having cattle finished within 30 months and I hope that any changes that may be agreed would alleviate those difficulties.
These discussions are almost complete but the regulation is not expected to be adopted before the end of the year. It is however likely to include a provision to allow Member States wishing to change the age limit for testing for BSE in healthy animals slaughtered for human consumption to seek the approval of the Commission and other Member States for revisions to their annual monitoring programmes, within the framework of the Standing Committee on Animal Health and the Food Chain. Such applications would be made by reference to a range of criteria relating to the BSE situation and controls in the particular country. These criteria have yet to be determined and may take some time to finalise. It should also be pointed out that our view that the age limit should be raised is not shared by all Member States. I will, of course continue to press for a change in the age threshold at every opportunity, as I and my officials have done for the past three years.
208 Ms Cooper-Flynn asked the Minister for Agriculture and Food if a person who is in receipt of REP scheme and who has been asked to attend a training course can have a member of their family complete the course on their behalf as they are unable to attend due to ill-health. [32361/06]
The Terms and Conditions of the REP scheme state that the beneficiary must attend the REP Scheme training course. In the case of joint applications either applicant may attend the course, but he or she must attend the whole course. Only in very exceptional circumstances, which are decided on a case by case basis following a written request to the local Regional Inspector, would a derogation to the scheme requirements be considered.
209 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the number of inquiries in respect of a tribunal of inquiry, commission of inquiry or investigation for which she or her Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if she will make a statement on the matter. [32418/06]
No tribunals of inquiry, commissions of inquiry or investigations have been established by my Department within the specified timeframe.
210 Mr. Kenny asked the Minister for Education and Science if the sports hall of a school (details supplied) in County Dublin will be made available for the community; and if she will make a statement on the matter. [32188/06]
My Department has provided funding of in excess of €34 million for the construction of nine dual use halls with enhanced facilities, attached to post-primary schools. Eight of the halls, including the hall referred to by the Deputy, are in Dublin and one is in Cork. The halls in question have been built as part of a joint programme to develop community sports facilities in drugs task force areas. As the halls are of a much greater magnitude than the average school PE hall, issues relating to the funding, management structure and staffing of the halls have had to be considered. The Department is working in close co-operation with the local councils and VEC to provide the best possible management scheme.
211 Mr. Perry asked the Minister for Education and Science if her attention has been drawn to the ongoing difficulties experienced by a school (details supplied) in County Leitrim regarding a reduced teacher allocation for 2006 and 2007 and a failure to secure a suitable site for their new community school sanctioned in 2001; if she will address the issues raised in correspondence; and if she will make a statement on the matter. [32154/06]
Teacher allocations to second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its timetable and subject options with regard to pupils' needs within the limit of its approved teacher allocation. The rules for allocating teaching resources provide that where a school management authority is unable to meet its curricular commitments within its approved allocation, my Department will consider applications for additional short term support, curricular concessions. An application for curricular concessions was received by the school referred to by the Deputy and an extra 0.45 wholetime equivalent teacher post was allocated. An independent appeals mechanism is available to school authorities which wish to appeal the adequacy of their teacher allocation. The school referred to by the Deputy availed of this appeals mechanism and was allocated a further 0.55 wholetime equivalent teacher post. The decision of the Appeals Committee is final. As the Appeals Committee operates independently of my Department in taking its decisions, the Deputy will appreciate that it would not be appropriate to intervene in any such decision.
The Property Management Section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, has been exploring the possibility of acquiring a site for the school referred to by the Deputy. A number of options have been considered including the possibility of using one of the sites of the existing schools as the site of amalgamation. The preferred option however is the location of the new school on a greenfield site. Over the past few years a number of sites have been identified as a possibility for the location of the proposed new school but their acquisition met with difficulties. Following a re-advertisement for possible sites, some new proposals were received. All site options have been examined by the OPW. My Department is awaiting clarification from OPW on a number of the new site proposals. Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites being considered.
212 Dr. Cowley asked the Minister for Education and Science if the case of a person (details supplied) in County Mayo will be addressed; and if she will make a statement on the matter. [32189/06]
The Deputy will be aware that the National Council for Special Education, NCSE, through the local special educational needs organiser, is responsible for processing applications for special educational needs supports from primary and post-primary schools. In the case referred to by the Deputy, an application for resource teaching hours was made to the relevant special educational needs organiser. However, the application did not meet my Department's criteria for individual resource teaching support. The school in question has been allocated 17.5 hours learning support/resource teacher hours under the general allocation system introduced in primary schools in September 2005. It is a matter for the school principal to identify the pupils who should access such support and to determine if such support is delivered within a group or individual setting. It is open to the parent to discuss the matter with the school to determine if the pupil qualifies for such support. The NCSE will review decisions previously taken in relation to such cases on foot of a request from the school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05 which issued to all primary schools.
213 Mr. Sargent asked the Minister for Education and Science if her attention has been drawn to the fact that sites designated for schools to be built in north County Dublin are not being purchased from the developer three to four years after the development has been completed; and if she will make a statement on the matter. [32190/06]
The School Planning Section of the Department works with the Planning Department of Fingal County Council for the purpose of reserving sites for primary and post primary school provision. It is the Department's aim to deliver infrastructure commensurate with the delivery of housing developments.
As a general rule, the Department will always seek to maximise existing facilities ahead of making brand new provision and this may result in a reserved site not being developed out for a number of years. In other cases, there may be difficulties surrounding the acquisitions of reserved sites. In such circumstances, and where new schools are required, the Department will seek to provide a school on a temporary site until the site acquisition has been completed.
It must also be borne in mind that while housing developments may be completed, there is generally a lead in time before there is sufficient pupil output to warrant the purchase and development of any given site. This situation is monitored through contacts with local authorities and any existing schools.
As the Deputy will be aware, the Department recently entered into a partnership approach with Fingal County Council to ensure that new schools can be provided to match the rapid pace of housing development in that area while at the same time providing important facilities for the community.
Under the terms of the agreement and based on the school planning projections of the Department, Fingal County Council will identify and acquire appropriate sites where schools with enhanced sporting, community and arts facilities will be built to the benefit of both the school and the wider community. It is hoped that this agreement will help to fast-track the delivery of schools and community facilities throughout Fingal.
214 Ms Enright asked the Minister for Education and Science the role special educational needs organisers have in checking or prioritising places for children in ABA units; and if she will make a statement on the matter. [32191/06]
As the Deputy is aware, the National Council for Special Education (NCSE) came into operation on 1st January 2005. One of the specific functions of the NCSE, through its network of local special educational needs organisers (SENOs), is to identify appropriate educational placements for all children with special educational needs. The SENO is a focal point of contact for parents and schools.
My Department's preferred approach to the provision of appropriate education for children with autism, is through the primary and post primary school network, whether through placement in mainstream classes, in special classes or in special schools, a view that is supported by the findings of the Task Force Report on Autism. My Department also supports a multi skills approach in regard to the education of children with autism where a range of teaching methods are available including Treatment and Education of Autistic and Related Communication Handicapped Children (TEACCH), ABA (Applied Behavioural Analysis), Picture Exchange Communication System (PECS).
The SENO's role extends to ensuring that there is sufficient provision available within the primary and post primary sector for all children with special educational needs and they do not have a specific role in making provision available within ABA units. The matter of prioritising enrolments within these facilities is the responsibility of the individual Boards of Management.
215 Ms Enright asked the Minister for Education and Science the reason ABA units are still on a pilot basis; when she intends to change this status; and if she will make a statement on the matter. [32192/06]
As the Deputy is aware, my Department's preferred approach to the provision of appropriate education for children with autism, is through the primary and post primary school network, whether through placement in mainstream classes, in special classes or in special schools, a view that is supported by the findings of the Task Force Report on Autism. My Department supports a multi-skills approach in regard to the education of children with autism where a range of teaching methods are available e.g. Treatment and Education of Autistic and Related Communication Handicapped Children (TEACCH), ABA (Applied Behavioural Analysis), Picture Exchange Communication System (PECS).
The issue of pilot status for the ABA units is being considered within this context.
216 Ms O’Sullivan asked the Minister for Education and Science when she expects to receive the review being carried out by the special education section of her Department on the proposal that parents who receive grants for home tuition for an autistic child can no longer employ specialists who are not qualified primary teachers; if she will take into account the developmental nature of the work involved and the relevance of other forms of education and training; and if she will make a statement on the matter. [32193/06]
I wish to advise the Deputy that the home tuition scheme provides funding to parents to provide education at home for children who, for a variety of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for pupils awaiting a suitable educational placement.
As the tuition takes place outside of the school supervision, the Deputy will appreciate the need to ensure that tuition providers are appropriately qualified to give education to the children concerned. The usual requirement is a fully qualified teacher. However other qualifications are acceptable depending on the individual needs of the child.
Nominated tuition providers with qualifications other than teaching qualifications have been accepted for the first school term this year to allow time to establish the suitability of the range of qualifications submitted. As the process progresses the parents concerned will be informed of the decision which will result in approval for subsequent terms of the nominated tuition provider or direction to recruit a tuition provider with suitable qualifications. It is important to stress that the allocation of tuition hours under the scheme is not at issue in the context of the review of qualifications in this regard.
217 Mr. Kenny asked the Minister for Education and Science if she will increase the number of places available at a school (details supplied) in Dublin 24 in view of the waiting list; and if she will make a statement on the matter. [32194/06]
I take it that the Deputy is referring to the ABACAS autism specific facility, based in Kilnamanagh, that has been established to cater for children on the autistic spectrum on a pilot basis. I wish to advise the Deputy that my Department has not received a formal request from this centre for additional funding to increase the number of places available for children with autism. Any application received will be considered in the context of autism provision already available and in the context of my Department's preference to provide appropriate provision through the recognised primary, special and post-primary school network. My Department's preferred approach to the provision of appropriate education for children with autism, is through the primary and post primary school network, whether through placement in mainstream classes, in special classes or in special schools, a view that is supported by the findings of the Task Force Report on Autism.
218 Mr. Kenny asked the Minister for Education and Science the grants available to mature students studying part-time; if tax relief is available to part-time mature students; and if she will make a statement on the matter. [32195/06]
Under the terms of my Department's Third Level Maintenance Grant Schemes, which are administered on behalf of the Department by the Local Authorities and the Vocational Education Committees, the position is that generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to residence, age, means, nationality and previous academic attainment. An approved course for the purpose of the Schemes means a full-time undergraduate course of not less than two years duration and full time postgraduate course of not less that one year's duration pursued in an approved institution.
Under the terms of the Department's maintenance grants schemes, and in accordance with the Local Authorities (Higher Education Grants) Act 1992, a mature student is defined as a candidate who is at least 23 years of age on the 1st January of the year of entry or re-entry to an approved course.
Mature students are categorised as either independent mature students or mature students dependent on parents or guardians. An independent mature student is defined as meaning a mature student who was not ordinarily resident at home with his/her parents or guardians from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' or guardians' income or address.
Part-time courses are not approved courses under the terms of the Maintenance Grant Schemes. Any extension of the student support schemes to part-time studies would have significant cost implications. I have no plans at present to extend the grant schemes to include part-time students.
Under my Department's Free Fees Initiative the Exchequer meets the tuition fees of eligible students who are attending approved full-time undergraduate third-level courses in the State. I have no plans at present to extend these schemes to include part-time students.
I wish to advise the Deputy of the provisions under Section 473A, Taxes Consolidation Act, 1997. This provides tax relief for eligible persons, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in E.U. Member States and postgraduate courses in non EU countries.
Tax relief for courses of at least two years' duration at undergraduate level extends to approved full/part-time courses in both private and publicly funded third level colleges in the State and any other EU Member State and approved full/part-time courses operated by Colleges in any EU Member State providing distance education in the State.
In 2001, Section 29 of the 2001 Finance Act amended the Taxes Consolidation Act, 1997 to provide for:
(a) The amalgamation of the then existing four tax reliefs for third level education fees
(b) The section also extended the relief by removing the restrictions
For repeat years
On individuals undertaking more than one course,
On individuals already holding a third level qualification and
The exclusion of certain courses in medicine, dentistry, veterinary medicine and teacher training
(c) The relief is also extended to postgraduate fees paid for third level education in private and publicly funded third level colleges in non-EU countries.
(d) Tax relief for undergraduate fees is also now available in EU countries for duly accredited private third level colleges.
Tax Relief on tuition fees is claimed directly from the Tax Office using an I.T. 31 Form. Details of approved colleges and courses are also available on Revenue's Internet site at www.revenue.ie.
219 Mr. Kenny asked the Minister for Education and Science if she will carry out a full review of class sizes in Lucan and Clondalkin; the action she intends to take to reduce class sizes; and if she will make a statement on the matter. [32196/06]
As the Deputy will be aware, major improvements have been made in staffing at primary in recent years. At the beginning of the current school year there are no less than 4000 extra teachers in our primary schools, compared with 2002. The average class size in our primary schools is 24 and there is now one teacher for 17 pupils at primary level.
Children with special needs and those from disadvantaged areas are getting more support than ever before to help them to make the most of their time at school.
Indeed, with the thousands of extra primary teachers hired by this Government, recent years have seen the largest expansion in teacher numbers since the expansion of free education. Over the next two school years even more teachers will be put in place both for the above priority areas of disadvantage and special education and also under a reduction in the mainstream staffing schedule.
As you know all primary schools are staffed on a general rule of at least one classroom teacher for every 28 children. Of course, schools with only one or two teachers have much lower staffing ratios than that — with two teachers for just 12 pupils in some cases and so on — but the general rule is that there is at least one classroom teacher for every 28 children in the school. Next year (2007/2008 school year) this is being reduced to 27 children per classroom teacher.
A further initiative that has been of direct benefit to primary schools has been the change in the criteria for developing schools. For the current school year the threshold for getting a developing school post was reduced specifically to help schools that are seeing large increases in enrolments each year, as is the case in Lucan and Clondalkin. 170 such posts were sanctioned in the 2005/06 school year, compared to 105 in 2004/05.
This Government has shown a clear determination to improve the staffing in our schools and we will continue to prioritise this issue going forward.
220 Mr. Kenny asked the Minister for Education and Science if she plans to make extra counselling services available to school in support of those who have been bereaved through suicide; and if she will make a statement on the matter. [32197/06]
The National Educational Psychological Service (NEPS) of my Department provides an educational psychological service to primary and post primary schools. NEPS also offers support and advice to all schools in the context of traumatic incidents, including suicide. The level of support offered depends on the needs of individual students and the capacity of the school to respond. A school may, in the normal way, request a consultation with the school psychologist about a pupil who has experienced bereavement through suicide or may, with parental permission, request that the pupil meet with the school psychologist. Where necessary, NEPS cooperates with the HSE in catering for the needs of these pupils.
All post primary schools receive ex-quota hours to provide a guidance and counselling service to their students. The number of hours allocated to each school is based on its enrolment. From the beginning of the 2005/06 academic year, all schools in the Free Education/Block Grant scheme with a student enrolment of 200 or more received an increased ex-quota allocation. In addition, beginning in the 2006/07 academic year, all schools included in the Delivering Equality of Opportunity in Schools (DEIS) initiative received a further increase in their ex-quota allocation for guidance and counselling. Qualified guidance counsellors, working in second level schools, are trained to provide counselling support to students.
221 Mr. Kenny asked the Minister for Education and Science the developments which have taken place with regard to the acquisition of a site for a school (details supplied) in Dublin 22; and if she will make a statement on the matter. [32198/06]
The Department acknowledges the need for a permanent solution to meet the long term accommodation needs of the school to which the Deputy refers.
The Department is actively looking at proposals regarding an alternative site for the school. However, due to the sensitivities surrounding site acquisitions, I am unable to comment on specifics at this time.
222 Mr. Kenny asked the Minister for Education and Science the situation regarding the acquisition of a site and the development of a school (details supplied) in County Dublin; and if she will make a statement on the matter. [32199/06]
The Property Management Section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, has been requested to source a site for the school referred to by the Deputy.
On foot of advertising, a number of proposals were received by the OPW. A Technical Assessment has been carried out on all site proposals and OPW are currently awaiting these reports.
Once a suitable site has been secured, the project will then be considered in the context of the Schools Building and Modernisation Programme 2006-2010.
223 Mr. Kenny asked the Minister for Education and Science the facilities which will be made available to a school (details supplied) in County Dublin in order to upgrade the building; and if she will make a statement on the matter. [32200/06]
I am pleased to inform the Deputy that on 03 August 2006 my Department gave devolved authority for the project in question to proceed to Planning Permission and for the preparation of tender documentation. My Department is currently awaiting confirmation from the school that they have completed this process.
224 Mr. Kenny asked the Minister for Education and Science if the sports hall of a school (details supplied) in County Dublin will be made available for community use; and if she will make a statement on the matter. [32201/06]
My Department has provided funding in excess of €34m for the construction of nine dual use halls with enhanced facilities, attached to post-primary schools. Eight of the halls, including the hall referred to by the Deputy, are in Dublin and one is in Cork.
The halls in question have been built as part of a joint programme to develop community sports facilities in drugs task force areas. As the halls are of a much greater magnitude than the average school PE hall, issues relating to the funding, management structure and staffing of the halls have had to be considered.
The Department is working in close co-operation with the local councils and VEC to provide the best possible management scheme.
225 Mr. Bruton asked the Minister for Education and Science if she will extend the DEIS programme for disadvantage to schools (details supplied) in Dublin 13. [32202/06]
DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). The School Support Programme will bring together, and build upon, a number of existing interventions in schools with a concentrated level of disadvantage.
The process of identifying primary and second-level schools for participation in the SSP was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work coordinated through the Department's regional offices and the Inspectorate. As a result of the identification process, 840 schools were invited to participate in the SSP. These comprised 640 primary schools (320 urban/town schools and 320 rural schools) and 200 second-level schools. I am delighted to say that 833 of the schools invited to join the new programme accepted the invitation.
A review mechanism was put in place to address the concerns of schools that did not qualify for inclusion in the School Support Programme but regarded themselves as having a level of disadvantage which is of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification processes and procedures were properly followed in the case of schools applying for a review.
The closing date for receipt of review applications was Friday, 31st March, 2006. Applications for review were not received from the schools referred to by the Deputy. The Group has submitted a final report which has been accepted by the Department and the review process is now concluded. Schools which have not qualified for the new School Support Programme and which are receiving additional resources, both human and financial, under pre-existing schemes and programmes for addressing concentrated disadvantage, will retain these supports for 2006/2007. After that, schools will continue to get support in line with the level of disadvantage among their pupils.
The DEIS action plan states that, as well as the provision being made under the new School Support Programme for schools with a concentrated level of disadvantage, financial support will also continue to be provided for other primary schools where the level of disadvantage is more dispersed.
226 Mr. Perry asked the Minister for Education and Science the reason her Department has handed over responsibility for the decision regarding granting of extra resources for special needs to the Special Needs Council which appears to be interpreting the rules differently from county to county; if her attention has been drawn to the circumstances outlined in correspondence (details supplied); if she will intervene with all parties involved to ensure that the pupils have the support they are entitled to put in place; and if she will make a statement on the matter. [32241/06]
With effect from 1 January 2005, the National Council for Special Education (NCSE) has taken over key functions from my Department in relation to special educational provision. The NCSE was formally established as an independent statutory body on 1 October 2005 under the Education for Persons with Special Educational Needs Act, 2004. The Council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities/special needs.
Prior to the establishment of the NCSE the processing of applications from schools for special educational needs resources was centralised in my Department. Now, special educational needs organisers (SENOs), who are locally based officials of the NCSE, process these applications and act as a focal point of contact for parents and schools in relation to the education of children with special educational needs. In my view, this is a welcome improvement in the service available to schools, parents and pupils with special needs.
I have asked the NCSE to investigate the matters referred to in the details supplied by the Deputy and the NCSE will advise the Deputy of the outcome directly.
227 Mr. Lowry asked the Minister for Education and Science the status of a building project (details supplied) in County Tipperary; if approval will be granted in the coming year; and if she will make a statement on the matter. [32276/06]
I can confirm to the Deputy that the Department is in receipt of an application for major capital works from the management authority of the school to which he refers. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and has been assigned a Band 4 rating. Progress on the proposed works is being considered in the context of the School Building and Modernisation Programme from 2007 onwards.
228 Mr. Lowry asked the Minister for Education and Science if an application for funding has been received from a school (details supplied) in County Tipperary; if the school will be considered for funding in 2006; and if she will make a statement on the matter. [32277/06]
School Planning Section of my Department is in receipt of an application for the Small Schools Scheme 2007 from the school referred to by the Deputy. The application will be assessed by my officials and publication of the list of successful applicants for the scheme will be published as soon as possible. The closing date for receipt of applications under this devolved scheme is 27 October 2006.
229 Ms Enright asked the Minister for Education and Science if she will contact the Office of Public works in order to introduce preventative measures that will stop future flooding at a school (details supplied) in County Donegal; and if she will make a statement on the matter. [32278/06]
My Department set aside a contingency sum each year to deal with emergency works in primary and post-primary schools, including health and safety works. The Planning & Building Unit of my Department has no application to date from the school authority for funding under the Contingency Programme nor for the Rental of Temporary Accommodation on foot of the recent flood damage.
Officials of my Department have been in contact with the school authority advising them to apply for funding under the appropriate schemes and application forms for funding have been forwarded to the school for completion.
230 Mr. Crowe asked the Minister for Education and Science if she will investigate the case of a person (details supplied) in County Dublin. [32279/06]
My Department has been in contact with Dublin City Council. I will arrange for a reply to issue to the Deputy when the position has been clarified with the council.
231 Mr. Ring asked the Minister for Education and Science if the situation in relation to an extension of a school bus transport service for a person (details supplied) in County Mayo which had been agreed previously but has been withdrawn will be investigated. [32280/06]
One of the main objectives of the School Transport Scheme is to provide a basic level of service for children who live long distances from school and who might otherwise experience difficulty in attending regularly. In general primary school transport routes are planned so that, as far as possible, no eligible pupil will have more than 2.4 kilometres to travel to a pick up point. The school transport service provided to the family referred to in the details supplied are within this guideline. My Department understands from Bus Éireann that an extension to the existing service is not feasible due to operational reasons.
232 Mr. Crowe asked the Minister for Education and Science if she will clarify the regulations, eligibility and procedures involving students from the 26 counties applying for and receiving grants while studying in the Six Counties. [32281/06
Under the terms of my Department's third level maintenance grants schemes, grant assistance is available to eligible students attending approved third level courses in approved institutions. An approved course for the purpose of the schemes means a full-time undergraduate course of not less than two years duration and a full time postgraduate course of not less than one year duration pursued in an approved institution. In order to qualify for grant assistance, a candidate must, of course, satisfy the prescribed conditions of the schemes including those relating to residence, means, nationality and previous academic attainment.
Students from this State who are attending undergraduate courses in Northern Ireland can apply for maintenance grants in respect of approved courses generally at Higher National Diploma level or higher, which are pursued in colleges approved for the purpose of my Department's Higher Education Grant Scheme and Vocational Education Committees' Scholarship Scheme. Both of these schemes provide that where a candidate is not eligible for free tuition under the Free Fees Initiative and is pursuing an approved course at undergraduate level in an institution listed in the State, the Local Authority/VEC may award a full or part grant in respect of the candidate's lecture fee, subject to the terms of this Scheme. There are no plans to extend the payment of tuition fees under the Student Support Schemes to undergraduate students attending approved courses outside the State.
It is understood however that students attending Higher Education Institutions in Northern Ireland and who are ordinarily resident in a Member State of the European Union will be eligible for a fee loan from the Northern Ireland Authorities up to the amount charged by the Higher Education Institution. Further clarification can be sought by the individual from Department of Employment and Learning in the Northern Ireland. Their e-mail address is studentfinance@delni.gov.uk. An extension of the scope of the free fees initiative or the maintenance grant schemes could only be considered having regard to overall resource constraints and other competing demands in the education sector.
Students pursuing approved postgraduate courses in Northern Ireland can apply for assistance under the terms of the Schemes in respect of maintenance grants and, also, grants in respect of the cost of their tuition fees, subject to a maximum fee limit, which is currently €5,730. Section 473A Taxes Consolidation Act, 1997 also provides for tax relief on tuition fees, at the standard rate of tax in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in EU and non-EU member states.
233 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that a transport grant has been withdrawn from a person (details supplied) in County Offaly; the reason this transport grant has been withdrawn; and if she will make a statement on the matter. [32282/06]
My Department is investigating the background to this matter.
234 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that a transport grant has been withdrawn from a person (details supplied) in County Offaly; the reason this transport grant has been withdrawn; and if she will make a statement on the matter. [32283/06]
My Department's policy is that children who meet the eligibility criteria for special class/special school placement can be considered for school transport or a grant towards the cost of transport in certain circumstances. On the basis of the information available to my Department's school transport section, the pupil referred to in the details supplied by the Deputy does not qualify for a grant.
235 Ms Enright asked the Minister for Education and Science if a request for the re-routing of school transport arrangements for persons (details supplied) will be investigated; and if she will make a statement on the matter. [32299/06]
My Department has requested an updated report from Bus Éireann on the case referred to by the Deputy in the details supplied. My Department will contact the families concerned when this report is received and examined.
236 Mr. J. O’Keeffe asked the Minister for Education and Science the position in relation to the application for an extension to a school (details supplied) in County Cork; her views on whether the extension is urgently needed; and if she will confirm that she will sanction and approve same. [32368/06]
An application for an extension to the school referred to by the Deputy is currently under consideration in my Department in the context of the overall Building and Modernisation Programme 2006-2010. In view of the overall school enrolments it is open to the school to apply for devolved funding under the Small Schools Scheme 2007. My Department has sent an application to the School Authority in respect of same for their consideration.
237 Mr. J. O’Keeffe asked the Minister for Education and Science the reason the issue of the decision to refuse free transport to a person (details supplied) in County Cork on a school bus which passes their home has not been resolved as indicated in his reply to Parliamentary Question No. 204 of 22 June 2006; if a school bus ticket will be issued to them in view of the fact that the proposal to travel to another school four miles away is related to the closure of an old school 30 years ago; and if she will ensure that they are not deprived of transport based on this anomaly. [32369/06]
Under my Department's Primary School Transport Scheme a pupil is eligible for school transport if he or she resides 3.2 kilometres or more, and is attending his or her nearest suitable national school as determined by my Department. However, a pupil residing in a closed school area, such as the pupil referred to in the details supplied, may be deemed eligible for transport to the school of amalgamation only.
238 Mr. N. O’Keeffe asked the Minister for Education and Science if she will approve capital funding to provide a number of additional classrooms at a national school (details supplied) in County Cork; and if her attention has been drawn to the substantial increase in population in this area and the increase in enrolment in this school in the years ahead. [32370/06]
An application for capital funding towards the provision of an extension has been assessed and the long term projected staffing, on which the accommodation needs will be based, has recently been determined and notified to the school authority. In order to determine how best to provide for the school's accommodation needs into the future, it will be necessary to have a technical assessment of the existing buildings carried out. Once the technical assessment is completed, the building project required to deliver the extension will be progressed in the context of the School Building and Modernisation Programme 2006 -2010.
239 Mr. J. O’Keeffe asked the Minister for Education and Science the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which she or her Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; and the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded. [32423/06]
The Commission to Inquire into Child Abuse was established in 1999 and was subsequently put on a statutory basis under the Commission to Inquire into Child Abuse Act, 2000. The terms of reference of the Commission are set out in the 2000 Act as amended by the Commission to Inquire into Child Abuse (Amendment) Act, 2005. The purpose of the Commission is to investigate child abuse in institutions in the State, to enable persons who have suffered such abuse to give evidence to committees of the Commission, to provide for the preparation and publication of a report containing the results of the Commission's investigation and any recommendations it considers appropriate for the prevention of child abuse. A sum of approximately €34 million has been expended from Exchequer funds on the Commission inquiry up to the end of September 2006, which covers the Commission's pay and administrative costs, legal costs and the Department's legal fees. The Government made an order in May 2005 extending the term of the Commission up to 23 May 2008. The Commission has indicated that it will conclude its inquiry before that date. There have been no other inquiries of the type referred to by the Deputy in the period since 1997.
240 Mr. Timmins asked the Minister for Defence the strength of the Defence Forces including personnel in training. [32356/06]
The strength of the Permanent Defence Force, as advised by the military authorities, was 10,383 on 30 September, 2006, the latest date for which figures are available. This total strength included 313 personnel who are in induction training as follows:
Instrumentalists — 1
Cadets — 80
Apprentices — 79
Recruits — 153.
The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force, comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. It is my intention to maintain the established Government policy of ongoing recruitment to the Defence Forces. Recruitment into the Permanent Defence Force will continue to maintain the strength at the level set out in the White Paper as required to meet military needs. The Defence Forces continue to have a proactive approach to all aspects of recruiting.
The White Paper on Defence provides for an allocation of up to 850 Permanent Defence Force personnel to be deployed overseas at any one time through the United Nations Standby Arrangements System (UNSAS). While this may be exceeded for short periods, deployments above this level are not sustainable on an ongoing basis within existing resources. Any commitments to EU or UN missions will be met within this context. There are no plans to increase the numbers serving in the Defence Forces above the levels provided for in the White Paper.
241 Mr. Deasy asked the Minister for Defence the number of people in receipt of pensions in respect of their service in the War of Independence; if such pensions are still being granted; and the dates of birth of those involved. [32366/06]
There are no surviving Veterans of the War of Independence in receipt of a pension from my Department, the last two Military Service Pensioners having died earlier this year. However, allowances are being paid to 229 widows of deceased Military Service Pensioners and to 559 widows of other deceased Veterans.
242 Mr. Gormley asked the Minister for Defence if he will report on the informal meeting of EU Defence Ministers in Finland in early October 2006; and if he will make a statement on the matter. [32367/06]
The informal meeting of Defence Ministers took place in Levi in Finland on the 2nd and 3rd of October, 2006. Due to prior commitments, I was unable to attend and the Secretary General of my Department attended in my stead.
The meeting discussed current operations including the current EU Operation Althea in Bosnia and Herzegovina. A presentation on the current operation and future plans for Operation Althea was made by General Sir John Reith, the current operational commander. While recognising that the mission will be scaled down going into 2007, member States agreed that any drawdown of forces must be event rather than time driven. The meeting also discussed the EU Support mission to AMIS, the African Union mission in Sudan/Darfur. Member States welcomed the agreement of the African Union to extend the mandate for its operation to the end of the year and the need, therefore, for the EU to continue to do the utmost to support AMIS on the ground especially with financial and logistical support. The member States also agreed on the importance of continuing to engage with the government of Sudan to achieve acceptance of the deployment of a UN mission in Darfur. It was noted that in the absence of the Sudanese Government's acceptance it will be difficult, if not impossible, to achieve the required UN transition. During a working lunch the EU operation in support of MONUC, the UN operation in the Democratic Republic of the Congo, was reviewed. There was also a discussion on potential support by the EU to Lebanon in the aftermath of the recent conflict there. Quite a number of the member States are extensively engaged in the UN mission in Lebanon UNIFIL II.
In a further working session, Ministers discussed the Headline Goal 2010 and the current status of the Force Catalogue, which sets out the capability requirements for the EU Rapid Reaction Force. The meeting also looked forward to achieving full operational capability for EU Battlegroups in January 2007, and discussed ways of improving co-ordination across the civil and military elements of EU operations.
In tandem with the informal Defence Ministers' meeting, there was also a Ministerial level meeting of the EDA Steering Board. The main item on the Agenda for the Steering Board was a discussion on the EDA's initial long-term vision, which has been developed by the Agency over the past number of months. The purpose of the LTV is to set out a view of the future global context and, against this background, the potential capability requirements for ESDP operations. While the overall thrust of the document was supported by the Steering Board as providing a broad compass looking into the future of possible capability needs for EU military forces engaged in ESDP operations, it is important to note the document is non-binding, non-committing and is not a document agreed in word-by-word detail by the member States. The LTV will provide some guidance on the focus of R&T initiatives which may be facilitated by the EDA and will feed into an ESDP Capability Development Plan to be submitted to the Capabilities Steering Board in December. Any future R&T Agenda or Capability Development Plans will have to be agreed specifically by the Steering Board on a case-by-case basis. The long-term vision is a living document to be reviewed and updated on an ongoing basis, probably every 2 to 3 years.
The meeting also reviewed progress on a major Force Protection Project which is being facilitated by the EDA. This is an ad hoc project where particular member States agree to provide funding for research projects to be managed and administered by the Agency on their behalf. Ireland is not participating in any ad-hoc projects at present.
Finally the meeting discussed the Financial Framework for the Agency for 2007-2009. There was general agreement that more information and a more compelling case for the Agency's proposals was required before any decision could be taken on the framework. The Agency is to bring forward more specific proposals to the next Steering Board meeting.
243 Mr. J. O’Keeffe asked the Minister for Defence the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32422/06]
My Department has had no responsibility for the establishment or operating of any Tribunal of Inquiry or Commission of Inquiry since 1997. We have when requested responded to requests from a number of external investigations including the Commission of Inquiry into the Dublin and Monaghan Bombings, the Smithwick Inquiry and from the Garda Síochána. A number of internal investigations have been carried out during that period in relation to matters pertaining to the Defence Forces including Courts of Inquiry arising from accidents/incidents involving members of the Defence Forces.
244 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if he will increase funding to the disabled persons grant scheme by €35 million. [32320/06]
Pre-budget estimates for the 2007 housing programme will be set out in the Abridged Estimates Volume due to be published in November 2006. Details in relation to disabled persons, essential repairs and improvement grants will be published as part of the Revised Estimates for the Public Service early in 2007.
245 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government if, in view of the growth in car ownership and the problems created by on street parking, he has considered relaxing the planning regulations that require planning permission if parking for more than two cars at the front or side of the house is being provided. [32155/06]
Schedule 2, Part 1, Class 6 of the Planning and Development Regulations, 2001 provides for the exemption for landscaping and provision of hard surfaces within the curtilage of a house. The exemption for parking is limited to two cars. It was considered that a greater car parking provision could have an impact on the setting of a house and the streetscape, which should be considered by a planning authority by reference to its development plan. I have no plans to amend the Regulations in this regard.
246 Mr. Neville asked the Minister for the Environment, Heritage and Local Government the position regarding the upgrading of a sewerage scheme at Glin, Country Limerick. [32212/06]
The Glin Sewerage Scheme, which is being advanced as part of a grouped project that also involves Athea, Askeaton, Foynes and Shanagolden, is included in my Department's Water Services Investment Programme 2005-2007 as a scheme to commence construction in 2007. My Department is awaiting submission of Limerick County Council's Preliminary Reports for the project.
247 Mr. Neville asked the Minister for the Environment, Heritage and Local Government the position regarding provision of an upgraded sewerage scheme for Adare, County Limerick. [32213/06]
The Adare/Patrickswell Sewerage Scheme is approved for construction in my Department's Water Services Investment Programme 2005 – 2007. Further consideration will be given to Limerick County Council's Contract Documents for the scheme on receipt of information requested from the Council by my Department in August 2006.
248 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government when he proposes to respond to representations from a person (details supplied) in County Dublin regarding their request for a disabled persons grant for their parents. [32214/06]
A reply issued on 14 September 2006 in relation to this matter.
249 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if he will provide this Deputy with a complete copy of a review (details supplied). [32215/06]
In accordance with the commitment in the Agreed Programme for Government, the operation of Part V of the Planning and Development Act 2000 was reviewed to ensure that it was meeting its objectives in relation to social and affordable housing.
Officials in my Department in consultation with the major stakeholders undertook the review. As part of the review, a wide range of interested bodies including local authorities and representatives of the house building industry, professional institutes and social housing providers were consulted.
On foot of the review a paper was prepared for the Government addressing the options available and setting out how the Minister proposed to proceed. By reason of Cabinet confidentiality it is not possible to release this document to the Deputy. The Planning and Development (Amendment) Act 2002, which came into force on 24 December 2002 made the resulting modifications to Part V.
250 Ms Enright asked the Minister for the Environment, Heritage and Local Government his Department’s policy in relation to funding for voluntary housing projects; the policy in relation to the provision of heating by geo-thermal methods versus oil, gas and electricity; the guides for his Department in making a final decision on that issue; and if he will make a statement on the matter. [32216/06]
My Department provides capital funding to assist voluntary and co-operative housing associations to deliver high quality housing for low income families as well as for vulnerable groups such as elderly people, people with disabilities, the homeless and travellers. Earlier this year I substantially increased the capital funding limits for voluntary and co-operative housing projects. My Department's involvement with the capital funding schemes relates primarily to the provision of funds for individual projects. The administration of the scheme, and the certification that particular projects comply with the terms of the scheme, are the responsibility of the local authority.
My Department's Social Housing Design Guidelines provide general design guidance at the level of both the overall scheme and the individual dwelling unit. The guidelines state that the choice of heating system and fuel should be determined primarily by expected capital and running costs, including possible servicing and maintenance costs and the preferences of the likely occupants. Regard should also be had to efficiency in use, ease of operation and expected emissions of smoke, carbon dioxide and other harmful gasses. Where natural gas is available on-site, it should generally be the preferred fuel for space and water heating, unless there are particular reasons for the use of an alternative fuel. Consideration should also be given to the possibility of using solar panels or other renewable energy technology to provide a proportion of the energy for space and water heating, where economical and practical. The use of geothermal or other alternative systems should be determined on the basis of technical merit and cost and will be considered for funding by my Department following a technical assessment by Sustainable Energy Ireland.
251 Ms Enright asked the Minister for the Environment, Heritage and Local Government the position in relation to an application by a group (details supplied) in County Offaly for a proposed project which has been referred to his Department’s inspectorate; when a decision will be made; and if he will make a statement on the matter. [32217/06]
My Department recently approved a grant of €2,134,205 for this project.
252 Ms Enright asked the Minister for the Environment, Heritage and Local Government the number of archivists employed under section 80 of the Local Government Act 2001; the county councils in which these are so employed; if he intends to ensure that each local authority employs an archivist; and if he will make a statement on the matter. [32218/06]
Information supplied to my Department by local authorities indicates that there are 13.5 archival posts at County and City Council level, and 12 Archivists were employed at 31 December 2005 by Clare, Donegal, Fingal, Galway, Kerry, Longford, Louth, Waterford, Wexford and by Cork, Dublin and Waterford City Councils.
I refer to the reply to Question No. 570 of 10 October 2006 concerning the statutory requirements in regard to the conservation of records and archives of local authorities; and the funding supports available to authorities for that purpose.
It is a matter for the manager of each local authority, under section 159 of the Local Government Act 2001, to make such staffing and organisational arrangements as may be necessary for the purposes of carrying out the functions of the local authorities for which he/she is responsible.
253 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the level of monitoring which takes place by his Department officials to ensure that high quality fuel is delivered from the refineries to the diesel pumps in filling stations; the reason Ireland is in breach of the EU directive which states that the maximum sulphur level would be 50PPM diesel mix; and if he will make a statement on the matter. [32238/06]
254 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the number of claims submitted from diesel vehicle owners for each county where the water content is above the EU directive which comes directly from the refineries where suspended water can be as high as 130 and if dispensed in a diesel pump, to certain diesel vehicles can cause untold engine damage, resulting in thousands of euro damage; if his attention has been drawn to the fact that as a result of this the reputation of retail filling stations can be damaged as they can be labelled as selling laundered diesel. [32239/06]
255 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that many filling stations dispensing diesel are forced to have samples sent to independent laboratories to check the quality of diesel fuel from refineries as untold engine damage can be caused or in some cases vehicles wrote-off where the water content is in excess of 50; the reason he is allowing such profitable refinery businesses to incorporate high level of suspended water content in diesel fuel breaching a clearly defined EU directive; when he will give a Ministerial order to deal with this national problem effecting diesel filling stations and the owners of diesel vehicles; and if he will make a statement on the matter. [32240/06]
I propose to take Questions Nos. 253 to 255, inclusive, together.
Ireland is in compliance with the requirement under Directive 98/70/EC to apply a maximum sulphur content of 50ppm in diesel fuel from 1 January 2005. As part of the national arrangements to ensure compliance with the Directive, diesel fuel samples are taken by the Revenue Commissioners at both refinery and oil terminals, and examined by the State Laboratory. In 2005, 94 diesel samples were analysed for sulphur content and all were found to be in compliance with the limit value. The average value for the year was 27ppm, well below the EU requirement and consistent with the separate requirement under Directive 2003/17/EC to move progressively towards sulphur free-status. Sulphur-free petrol and diesel will be mandatory from 1 January 2009. The water content of diesel is not a matter within my Department's remit and I am not aware of the issues raised.
256 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government his views on the exemption of micro wind turbines, with blade diameter of 3.25 meters or less and which conform to his Department’s wind energy guidelines with respect of acoustic noise, from planning permission; and if he will make a statement on the matter. [32285/06]
I intend shortly to bring forward proposals to revise the exempted development regulations to ensure that they support the use of renewable energy for domestic users. Revisions to the exempted development regulations, for example to permit the construction of small wind turbines without planning permission, would require the approval of both Houses of the Oireachtas.
257 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the training specification for the BER inspection programme; and if he will make a statement on the matter. [32385/06]
258 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the body which will provide the training of BER assessors; and if he will make a statement on the matter. [32386/06]
I propose to answer Questions Nos. 257 and 258 together.
The Training Specification for building sector energy assessors, for the purpose of the Building Energy Rating (BER) of New Dwellings, was published by Sustainable Energy Ireland (SEI), on behalf of the Energy Performance in Building Directive Inter Departmental Implementation Group, on Friday 6 October 2006. This Specification can be viewed on the following website: www.sei.ie/epbd. In addition, I have arranged for a hard copy of the Specification to be placed in the Oireachtas Library.
BERs will be issued by registered assessors who have successfully completed a training programme that:
(a) meets the requirements of the Training Specification:
(b) has been validated by a national accreditation body e.g. the Further Education and Training Awards Council (FETAC) or the Higher Education and Training Awards Council (HETAC); and
(c) is given by a training provider that is accredited by a national accreditation body
I understand that a number of third level educational institutions, and at least two building professional representative organisations, plan to deliver relevant accredited training programmes.
259 Mr. Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government when scheme approval and approval to go to tender will be given for the foul sewer relief trunk line scheme under the serviced land initiative for Athy Town Council. [32387/06]
In November 2005 my Department approved in principle the main elements of the Athy Sewerage Scheme for which funding has been sought by Kildare County Council under the Serviced Land Initiative. The Council was also asked at the time to clarify the extent to which the proposal related to lands that had not been zoned for residential development as only land zoned residential qualifies for Serviced Land Initiative funding. A reply is awaited from the Council.
260 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32425/06]
The Tribunal of Inquiry into Certain Planning Matters and Payments was established on 4 November 1997 to inquire into and report on various planning matters set out in Resolutions passed by Dáil Éireann and Seanad Éireann on 7 and 8 October 1997. The terms of reference were expanded by resolution of both Houses in June 1998 and further amended in March 2002, July 2003 and November 2004 respectively. (The complete terms of reference are attached.)
The overall cost of the Tribunal has amounted to €58.4m to end September 2006. Subject to currently unforeseen delays occurring as a consequence of, for example, litigation, judicial review proceedings, availability of witnesses or additional significant information coming to the attention of the Tribunal, it is envisaged by the Tribunal that its public hearings should conclude in or about the end of 2007.
TRIBUNAL OF INQUIRY
INTO
CERTAIN PLANNING MATTERS AND PAYMENTS
AMENDED TERMS OF REFERENCE
(Appointed by Instrument of The Minister for the Environment and Local Government dated the 4th day of November 1997 and as amended by Instruments dated the 15th day of July 1998, 24th day of October 2002, 7th day of July 2003 and 3rd day of December 2004)
"That Dáil Éireann resolves
A. That it is expedient that a Tribunal be established under the Tribunals of Inquiry (Evidence) Act, 1921, as adapted by or under subsequent enactments and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to inquire urgently into and report to the Clerk of the Dáil and make such findings and recommendations as it see fit, in relation to the following definite matters of urgent public importance:
1. The identification of the lands stated to be 726 acres in extent, referred to in the letter dated 8th June, 1989 from Mr. Michael Bailey to Mr. James Gogarty (reproduced in the schedule herewith) and the establishment of the beneficial ownership of the lands at that date and changes in the beneficial ownership of the lands since the 8th June, 1989 prior to their development;
2. The planning history of the lands including:—
(a) their planning status in the Development Plan of the Dublin local authorities current at the 8th June, 1989;
(b) the position with regard to the servicing of the lands for development as at the 8th June, 1989;
(c) changes made or proposed to be made to the 8th June, 1989 planning status of the lands by way of:—
(i) proposals put forward by Dublin local authority officials pursuant to the review of Development Plans or otherwise;
(ii) motions by elected members of the Dublin local authorities proposing re-zoning;
(iii) applications for planning permission (including any involving a material contravention of the Development Plan);
3. Whether the lands referred to in the letter dated 8th June, 1989 were the subject of the following:—
(a) Re-zoning resolutions;
(b) Resolutions for material contravention of the relevant Development Plans;
(c) Applications for special tax designations status pursuant to the Finance Acts;
(d) Applications for planning permission;
(e) Changes made or requested to be made with regard to the servicing of the lands for development;
(f) Applications for the granting of building by-law approval in respect of buildings constructed on the lands;
(g) Applications for fire safety certificates;
on or after the 20th day of June 1985.
And
(i) to ascertain the identity of any persons or companies (and if companies, the identity of the beneficial owners of such companies) who had a material interest in the said lands or who had a material involvement in the matters aforesaid;
(ii) to ascertain the identity of any members of the Oireachtas, past or present, and/or members of the relevant local authorities who were involved directly or indirectly in any of the foregoing matters whether by the making of representations to a planning authority or to any person in the authority in a position to make relevant decisions or by the proposing of or by voting in favour or against or by abstaining from any such resolutions or by absenting themselves when such votes were taken or by attempting to influence in any manner whatsoever the outcome of any such applications, or who received payments from any of the persons or companies referred to at (i) above.
(iii) to ascertain the identity of all public officials who considered, made recommendations or decisions on any such matters and to report on such considerations, recommendations and/or decisions;
(iv) to ascertain and report on the outcome of all such applications, resolutions and votes in relation to such applications in the relevant local authority.
4. (a) The identity of all recipients of payments made to political parties or members of either House of the Oireachtas, past or present, or members or officials of a Dublin local authority or other public official by Mr. Gogarty or Mr. Bailey or a connected person or company within the meaning of the Ethics in Public Office Act, 1995, from 20th June 1985 to date, and the circumstances, considerations and motives relative to any such payment;
(b) whether any of the persons referred to at sub-paragraphs 3(ii) and 3(iii) above were influenced directly or indirectly by the offer or receipt of any such payments or benefits.
5. In the event that the Tribunal in the course of its inquiries is made aware of any acts associated with the planning process which may in its opinion amount to corruption, or which involve attempts to influence by threats or deception or inducement or otherwise to compromise the disinterested performance of public duties, it shall report on such acts and should in particular make recommendations as to the effectiveness and improvement of existing legislation governing corruption in the light of its inquiries.
6. And the Tribunal be requested to make recommendations in relation to such amendments to Planning, Local Government, Ethics in Public Office and any other relevant legislation as the Tribunal considers appropriate having regard to its findings.
"payment" includes money and any benefit in kind and the payment to any person includes a payment to a connected person within the meaning of the Ethics in Public Office Act, 1995.
B. And that the Tribunal be requested to conduct its inquiries in the following manner, to the extent that it may do so consistent with the provisions of the Tribunals of Inquiry (Evidence) Acts, 1921 and 1979:—
(i) to carry out such preliminary investigations in private as it thinks fit using all the powers conferred on it under the Acts, in order to determine whether sufficient evidence exists in relation to any of the matters referred to above to warrant proceeding to a full public inquiry in relation to such matters,
(ii) to inquire fully into all matters referred to above in relation to which such evidence may be found to exist, dealing in the first instance with the acknowledged monetary donation debated in Dáil Eireann on the 10th September, 1997 Dáil Debates Columns 616-638 and to report to the Clerk of the Dáil thereupon,
(iii) to seek discovery of all relevant documents, files and papers in the possession, power or procurement of said Mr. Michael Bailey, Mr. James Gogarty and Donnelly, Neary and Donnelly Solicitors,
(iv) in relation to any matters where the Tribunal finds that there is insufficient evidence to warrant proceeding to a full public inquiry, to report that fact to the Clerk of the Dáil and to report in such a manner as the Tribunal thinks appropriate on the steps taken by the Tribunal to determine what evidence, if any, existed and the Clerk of the Dáil shall thereupon communicate the Tribunal's report in full to the Dáil,
(v) to report on an interim basis not later than one month from the date of establishment of the Tribunal or the tenth day of any oral hearing, whichever shall first occur, to the Clerk of the Dáil on the following matters:
the number of parties then represented before the Tribunal;
the progress which has been made in the hearing and the work of the Tribunal;
the likely duration (so far as that may be capable of being estimated at that time) of the Tribunal proceedings;
any other matters which the Tribunal believes should be drawn to the attention of the Clerk of the Dáil at that stage (including any matter relating to the terms of reference).
C. And that the person or persons selected to conduct the Inquiry should be informed that it is the desire of the House that —
(a) the Inquiry be completed in as economical a manner as possible and at the earliest date consistent with a fair examination of the matters referred to it, and, in respect to the matters referred to in paragraphs 1 to 4 above, if possible, not later than the 31st December, 1997, and
(b) all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Inquiry should, so far as is consistent with the interests of justice, be borne by those individuals.
D. And that the Clerk of the Dáil shall on receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt.
E. The Tribunal shall, in addition to the matters referred to in paragraphs A(1) to A(5) hereof, inquire urgently into and report to the Clerk of the Dáil and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:—
1. Whether any substantial payments were made or benefits provided, directly or indirectly, to Mr. Raphael Burke which may, in the opinion of the Sole Member of the Tribunal, amount to corruption or involve attempts to influence or compromise the disinterested performance of public duties or were made or provided in circumstances which may give rise to a reasonable inference that the motive for making or receiving such payments was improperly connected with any public office or position held by Mr. Raphael Burke, whether as Minister, Minister of State, or elected representative;
2. Whether, in return for or in connection with such payments or benefits, Mr. Raphael Burke did any act or made any decision while holding any such public office or position which was intended to confer any benefit on any person or entity making a payment or providing a benefit referred to in paragraph 1 above, or any other person or entity, or procured or directed any other person to do such an act or make such a decision.
And that the Tribunal be requested to conduct its Inquiries in the following manner to the extent that it may do so consistent with the provisions of the Tribunals of Inquiry (Evidence) Acts 1921 to 1998:—
(i) To carry out such preliminary investigations in private as it thinks fit (using all the powers conferred on it under the Acts), in order to determine whether sufficient evidence exists in relation to any of the matters referred to in paragraphs E1 and E2 above to warrant proceeding to a full public inquiry in relation to such matters;
(ii) To inquire fully into all matters referred to in paragraphs E1 and E2 in relation to which such evidence may be found to exist;
(iii) In relation to any matters where the Tribunal finds that there is insufficient evidence to warrant proceeding to a full public inquiry, to report that fact to the Clerk of the Dail and to Report in such a manner as the Tribunal thinks appropriate on the steps taken by the Tribunal to determine what evidence, if any, existed and the Clerk of the Dail shall thereupon communicate the Tribunal's report in full to the Dail;
(iv) To report on an interim basis to the Clerk of the Dail on the following matters:—
the number of parties then represented before the Tribunal;
the progress which has been made in the hearing and the work of the Tribunal;
the likely duration (so far as that may be capable of being estimated at that time) of the Tribunal proceedings;
any other matters which the Tribunal believes should be drawn to the attention of the clerk of the Dail at that stage (including any matter relating to the terms of reference);
and to furnish such further interim reports as the Tribunal may consider necessary.
F. And that the Sole Member of the Tribunal should be informed that it is the desire of the House that:—
(a) The inquiry into the matters referred to in paragraph E hereof be completed in as economical a manner as possible and at the earlier date consistent with a fair examination of the said matters, and
(b) All costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the Inquiry should, so far as is consistent with the interests of justice, be borne by those individuals.
G. And that the Clerk of the Dail shall on receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt.
H. The Tribunal shall consist of not more than three Members as follows:
(a) His Honour Judge Alan Mahon and Her Honour Judge Mary Faherty who were appointed by instrument made on the 24th October, 2002 by the Minister for the Environment and Local Government pursuant to the Tribunals of Inquiry (Evidence) Acts, 1921 to 2002, and
(b) His Honour Judge Gerald Keys, from a date to be specified by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts 1921 to 2002 by the Minister for the Environment, Heritage and Local Government.
I. His Honour Judge Alan Mahon shall be the Chairperson of the Tribunal from a date to be specified by instrument made pursuant to the Tribunals of Inquiry (Evidence) Acts 1921 to 2002 by the Minister for the Environment, Heritage and Local Government.
J. (1) The Tribunal shall, subject to the exercise of its discretion pursuant to J(6) hereunder, proceed as it sees fit to conclude its inquiries into the matters specified below (and identified in the Fourth Interim Report of this Tribunal) and to set out its findings on each of these matters in an interim report or reports or in a final Report:
(a) The Carrickmines I Module;
(b) The Fox and Mahony Module;
(c) The St. Gerard's Bray Module;
(d) The Carrickmines II Module and related Issues;
(e) The Arlington/Quarryvale I Module;
(f) The Quarryvale II Module;
(g) Those modules that are interlinked with the modules set out at paragraphs (a) to (f), and
that are referred to in paragraph 3.04 of the Fourth Interim Report of the Tribunal.
(2) The Tribunal shall, subject to the exercise of its discretion pursuant to paragraph J(6) hereunder, by 1 May 2005 or such earlier date as the Tribunal shall decide, consider and decide upon those additional matters (being matters in addition to those set forth at J(1)(a) to (g) above and in respect of which the Tribunal has conducted or is in the course of conducting a preliminary investigation as of the date of the decision) that shall be proceeding to a public hearing and shall record that decision in writing and shall duly notify all parties affected by that decision at such time or times as the Tribunal considers appropriate
(3) The Tribunal may in the course of investigating any additional matter under paragraph J(2) or a matter being investigated under paragraph J(1) investigate any other matter of which it becomes aware when it is satisfied that such further investigation is necessary for the Tribunal to make findings on any such additional matter or a matter referred to in paragraph J(1) above.
(4) Notwithstanding any other provision of these Terms of Reference the presentation to the Clerk of the Dáil of an interim report or reports, as the case may be, and of the Final Report on the matters identified at paragraphs J(1)(a)-(g), J(2) and, where applicable, J(3) shall constitute compliance by the Tribunal with all of its Terms Of Reference, as hereby amended, and no further investigation, or report shall be required of or from the Tribunal on any other matter.
(5) Nothing in these amended Terms of Reference shall preclude the Tribunal from conducting hearings or investigations into any compliance or non-compliance by any person with the orders or directions of the Tribunal.
(6) The Tribunal may in its sole discretion — in respect of any matter within paragraphs J(1), J(2) and J(3) of these amended Terms of Reference — decide:
(I) To carry out such preliminary investigations in private as it thinks fit using all the powers conferred on it under the Acts, in order to determine whether sufficient evidence exists in relation to the matter to warrant proceeding to a public hearing if deemed necessary, or
(II) Not to initiate a preliminary investigation and/or a public hearing of evidence in relation to the matter notwithstanding that the matter falls within the Tribunal's Terms of Reference, or
(III) Having initiated a preliminary investigation in private (and whether or not same has been concluded) but prior to the commencement of any public hearing of evidence in the matter, to discontinue or otherwise terminate its investigation notwithstanding that the matter falls within the Tribunal's Terms of Reference.
In exercising its discretion pursuant to this paragraph the Tribunal may have regard to one or more of the factors referred to below:
(i) The age and/or state of health of one or more persons who are likely to be in a position to provide useful information (including, but not confined to, oral evidence to be given privately or publicly), including the age and/or likely state of health of any such person at such date in the future when that person or persons might be expected to be called upon to give oral evidence or to otherwise cooperate with the tribunal, and in particular the issue as to whether or not their age and/ or state of health is or is likely to be an impediment to such person being in a position to cooperate with the Tribunal or to give evidence to the Tribunal in private or in public;
(ii) The likely duration of the preliminary investigation or public hearing into any matter;
(iii) The likely cost (or other use of the resources of the Tribunal) of such investigation or any stage of the investigation into any matter;
(iv) Whether or not the investigation into the matter is likely to provide evidence to the Tribunal which would enable it to make findings of fact and conclusions and/or to make recommendations;
(v) Any other factors which in the opinion of the Tribunal would, or would be likely to, render an investigation, or the continued investigation into any matter inappropriate, unnecessary, wasteful of resources, unduly costly, unduly prolonged or which would be of limited or no probative value.
(7) Subject to paragraph J(3) any matter not brought to the attention of the Tribunal or of which it is not aware by the 16th day of December 2004 shall not be the subject of any investigation by the Tribunal.
SCHEDULE
Kilinamonan House,
The Ward,
Co. Dublin.
8th June, 1989.
Dear Mr. Gogarty,
PROPOSALS FOR DISCUSSION
Re: Your lands at Finglas, Ballymun, Donabate, Balgraffin and Portmarnock, Co. Dublin.
I refer to our many discussions regarding your following six parcels of land:—
|
Lot 1: |
100 acres (approx) at North Road, Finglas, including "Barrett's Land". |
|
Lot 2: |
12 acres (approx) at Jamestown Road, Finglas. |
|
Lot 3: |
100 acres (approx) at Poppintree, Ballymun. |
|
Lot 4: |
255 acres (approx) at Donabate (Turvey House and Beaverton House). |
|
Lot 5: |
250 acres (approx) at Balgriffin. |
|
Lot 6: |
9 acres (approx) at Portmarnock. |
I submit the following proposals for your consideration:—
PROPOSAL NO. 1 — Purchase Proposal
|
Lots 1, 2 and 3 |
Purchase Price £4,000 per acre 10% deposit payable on the signing of the contract Completion 1 year from date of contract. |
|
Lot 4 |
Purchase Price IR£1 Million Deposit 10% on contract Completion 2 years from date of contract |
|
Lot 5 |
Purchase Price IR £750,000 Deposit 10% on contract Completion 3 years from date of contract. |
|
Lot 6: |
Option to be granted for nominal consideration (£100.00) for a period of 2 years at a purchase price of £30,000.00 per acre. |
PROPOSAL NO. 2 — Participation Proposal
As an alternative to the outright purchase proposal above I am prepared to deal with Lots 1 — 5 (inclusive) above on the basis that I would be given a 50% share in the ownership of the said lands in exchange for procuring Planning Permission and Building Bye Law Approval. The time span which I would require to be allowed to obtain the Permissions and Approval and my anticipated financial expenditure (apart from my time input) in respect of the different lots would be as follows:—
Lots 1, 2 and 3
A period of 2 years within which to procure a buildable Planning Permission and Building Bye Laws Approval for mixed development including housing, industrial and commercial.
My financial expenditure up to a figure of £150,000 (to include Architect's fees, Consulting Engineer's fees, Planning and Bye Law charges etc.).
Lots 4 and 5
Time requirement — 3 years.
Financial Expenditure — up to £150,000
In considering the above proposals the following points of information should be borne in mind by all parties:—
1. From the point of view of obtaining Planning Permission the entire lands 1-6 inclusive) have the following shortcomings:—
NO zoning for development purposes
NO services.
NO proposal in current draft development plans (City and County) for the zoning of the lands or any part thereof for development purposes.
2. We face a very severe uphill battle to arrange for the availability of services and for the ultimate procurement of Planning Permission.
3. The steps to be taken on the way to procuring a buildable Planning Permission and Building Bye Laws Approval are notoriously difficult, time consuming and expensive. Material Contravention Orders must be obtained and this involves their procurement of a majority vote at 2 full Council Meetings at which 78 Council Members must be present and it also involves satisfactory compliance with extensive requirements and pre-conditions of the Planning Authority and the inevitable dealing with protracted Appeals to An Bord Pleanala.
4. It is essential that the Planning Application should be brought in the name of an active house building company which enjoys good standing and good working relationship with the Planners and the Council Members and in this regard I confirm that in the event of our reaching agreement regarding the within proposals that all Planning Applications would be made by one of my Companies which meets the said requirements.
5. In the case of all of the lands the applications will be highly sensitive and controversial and we can realistically expect strenous opposition from private, political and planning sectors. One of my active companies will have to take the limelight in such applications and withstand the objections and protests which will inevitably confront it. Apart from the anticipated financial expenditure as outlined above it should be borne in mind that I will personally have to give extensively of my time and efforts over the entire period of the applications including the necessary preliminary negotiations in regard to services and zoning. It must be borne in mind that I will have to abandon other projects which would be open to myself and my companies in order to give proper attention to this project. If I am successful in changing your lands from their present status of agricultural lands with very limited potential even for agricultural use into highly valuable building lands I would have to be rewarded with a minimum 50% stake in the ownership of the lands. Our advisors would have to work out the details as to how this can be effected in the most tax efficient manner.
I look forward to hearing from you in relation to the above proposals. In the case of the first proposal which relates to the outright purchase of the lands (excluding Lot 6) I would not be adverse to a proposal which would involve the vendors retaining a participation stake of up to 20% in the purchasing company if you felt that an ongoing interest in the future development of the lands would be more acceptable to the present owners.
Yours sincerely,
MICHAEL BAILEY,
Mr. Jim Gogarty,
Clontarf,
Dublin 3.
"
[1] Deleted by resolution of Dáil Éireann
