EU Regulations.

Dáil Éireann Debate, Tuesday - 17 February 2004

Tuesday, 17 February 2004

Ceisteanna (110)

Paudge Connolly

Ceist:

195 Mr. Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment if all county councils are complying with the provisions of the Prompt Payment of Accounts Act 1997; if she will give details of any instances where a particular county council was penalised for non-compliance with the aforementioned legislation together with particulars of penalties imposed since the legislation was enacted in January 1998 in the case of each county council in the country; and if she will make a statement on the matter. [4611/04]

Freagraí scríofa

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The area of late payment in commercial transactions comes within the area of responsibility of my Department. The European Communities (Late Payment in Commercial Transactions) Regulations 2002 (SI 388 of 2002) came into operation on 7 August 2002. Under the regulations, sections 4 to 11 of the Prompt Payment of Accounts Act 1997 were repealed. It is the regulations, rather than the Prompt Payment Act, which now govern payment practices in both the public and private sectors. This legislation provides an entitlement to interest in the event of payment for a commercial transaction being late. The entitlement to interest is a matter for the supplier to follow up or to enforce.

In December 2002 my Department wrote to all Departments asking them to advise public bodies under their aegis that they should continue to report their payment practices as they had under the 1997 Act. County councils must publish an annual report and, accordingly, details of their payment practice should be published in the annual report. I do not have details of instances where any county council may have been pursued for late payment interest.