Written Answers Nos 118-126
118. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the Minister or Minister of State that represented Ireland at the Ministerial Council meetings of the European Union during the Irish Presidency of the Council to date; and if he will make a statement on the matter. [26218/13]
Amharc ar fhreagraThe EU legislative issues for which my Department has responsibility during Ireland’s Presidency of the Council of Ministers relate to Cohesion Policy, Public Procurement and the Staff Regulations for EU officials. A total of ten legislative proposals are currently being dealt with under these headings.
In the case of Cohesion Policy and the EU Staff Regulations, at Council level these fall within the remit of the General Affairs Council at which Ireland is normally represented by the Tánaiste & Minister for Foreign Affairs, while Public Procurement falls within the remit of the Competitiveness Council, at which Ireland is normally represented by the Minister for Jobs, Enterprise & Innovation.
During the Irish Presidency, however, the focus of work on these issues has mainly been on negotiations with the European Parliament under the co-decision process. In that context I have addressed the Regional Development Committee of the European Parliament on the Cohesion legislative package and had meetings with the chair of the Regional Development Committee, Danuta Huebner MEP and the Regional Policy Commissioner, Johannes Hahn on a number of occasions, most recently on 13 May 2013. In addition, both Minister of State Hayes and I have had meetings with the chair of the Committee on the Internal Market and Consumer Protection, Malcolm Harbour MEP to discuss the Public Procurement proposals and I have also met all of the European Parliament rapporteurs as well as a number of political co-ordinators dealing with the ten legislative proposals for which my Department has responsibility.
119. Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the number of parliamentary replies issued by him to this Deputy in 2013 containing an undertaking to provide extra information requested; the date of the question in each case; the date on which the information was provided; and if he will make a statement on the matter. [26233/13]
Amharc ar fhreagraIn response to the Deputy’s question I can confirm that all replies to previous parliamentary questions asked by him in 2013 were completed without any need for undertakings to provide additional information.
120. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the number of redomiciled public limited companies operating here; and the number that have been established in each of the past ten years. [25968/13]
Amharc ar fhreagraSet out below are data in relation to public limited companies (plcs) which now have their legal existence in Ireland by virtue of being :
- Inward Migrating Funds companies under the Company (Miscellaneous Provisions) Act 2009
- Societas Europea (SEs) that are formed under Council Regulation (EC) 2157/2001 on a Statute for a European Company. SEs can be formed via a merger between two plcs (one of which must have been governed by the laws of another EU State)
- Cross Border Mergers under the European Communities Cross Border Mergers Regulations 2008
|
Year |
Migrating Funds Companies |
Societas Europaea |
Cross Border Mergers involving PLCs |
|
2003 |
N/A |
N/A |
N/A |
|
2004 |
N/A |
N/A |
N/A |
|
2005 |
N/A |
N/A |
N/A |
|
2006 |
N/A |
N/A |
N/A |
|
2007 |
N/A |
N/A |
N/A |
|
2008 |
N/A |
1 |
1 inward, 1 outward |
|
2009 |
N/A |
2 inward, 2 outward |
1 inward, 1 outward |
|
2010 |
1 |
4 |
2 inward, 1 outward |
|
2011 |
16 |
1 inward, 1 outward |
1 outward |
|
2012 |
2 |
3 registered, 2 converted to plc |
1 inward, 2 outward |
|
2013 |
None to date |
None to date |
None to date |
In general, a company cannot transfer its registered office without first being wound up in its current home State in order to avoid any complications arising from its being registered in two countries. As part of its 2012 Company Law and Corporate Governance Action Plan the European Commission has carried out a recent public consultation on the transfer of registered offices between Member States. The consultation deadline was 13 April 2013. The responses will be taken into account by the Commission in assessing the need for and impact of a possible new instrument.
121. Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation his views on whether, following a 1998 report on Irish registered non-resident companies, changes need to be made to IRNR companies, including an activity test for all companies applying for registration that would see a precondition of applying for registration being required to demonstrate that it intends to carry on a business or economic activity in the State. [26065/13]
Amharc ar fhreagraThe Company Law measures taken in response to the concern in the 1990s regarding Irish Registered Non-resident companies are contained at sections 42-51 of the Companies (Amendment) (No. 2) Act, 1999 as amended.
First, as a precondition of incorporation, every application for registration is required to demonstrate that the proposed company intends to carry on an activity in the State.
Secondly the 1999 Act required that every company registered in the state was required to maintain an Irish resident director or a bond to the value of €25,394.76. The Irish resident director requirement was subsequently changed under the Companies (Amendment) Act 2009 to a requirement for a director resident in the European Economic Area. The requirement for either a bond or an EEA resident director does not apply if the company obtains from the Registrar of Companies a certificate that the company has a real and continuous link with one or more economic activities in the state. The company concerned must provide proof of such a link.
A statement from the Revenue Commissioners that it has reasonable grounds to believe that the company has such a link is deemed proof of a link under the Act. Additionally the number of directorships which could be held by one person was limited to 25 (subject to certain exemptions). Finally the Act contained enhanced strike-off provisions and enhanced notification to the CRO where directors have resigned.
122. Deputy Derek Nolan asked the Minister for Jobs, Enterprise and Innovation if he will reconsider the nature of Government contracts relating to stipulations, particularly pertaining to pension schemes, which must be utilised in order to satisfy the requirements of that contract; and if he will make a statement on the matter. [26030/13]
Amharc ar fhreagraAll construction related projects involving public expenditure must conform to Department of Public Expenditure and Reform Procurement Procedures. These procedures have included an obligation that the contractor ensures that the rates of pay and the conditions of employment, including pension contributions, comply with all applicable law, including Registered Employment Agreements (REAs) when engaged on public works contracts.
In the judgement delivered on 9 May last in McGowan and others v The Labour Court, Ireland and the Attorney General, the Supreme Court held that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution. That Article provides, in effect, that the exclusive power to make laws is vested in the Oireachtas. The Supreme Court took the view that REAs are instruments having the status of laws made by private individuals. While the Constitution allows for the limited delegation of law making functions, the provisions of the 1946 Act went beyond what is permissible under the Constitution. The effect of this decision is to invalidate the registration of employment agreements previously registered under Part III of the 1946 Act.
In light of the Supreme Court decision on the REAs, my colleague the Minister for Public Expenditure and Reform is seeking legal advice on the continuing inclusion of provisions relating to pay and pension entitlements in respect of those workers engaged on a public works contract.
123. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the Minister or Minister of State that represented Ireland at the Ministerial Council meetings of the European Union during the Irish Presidency of the Council to date; and if he will make a statement on the matter. [26216/13]
Amharc ar fhreagraMy Department has the lead responsibility for the Competitiveness Council and for the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO). When the Foreign Affairs Council considers trade matters, such matters also come within the remit of my Department. The Competitiveness Council itself is sub-divided into industry, internal market and research issues. The Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) is composed of employment, social protection, consumer protection, health and equal opportunities Ministers, who meet around four times a year. Participation is usually undertaken by the Minister or Ministers within whose sphere of responsibility the priority legislative or non-legislative business on the Council agenda happens to fall.
The following tables list the number of Formal and Informal Councils that I chaired along with my Government colleagues during the Irish Presidency and the name of the Minister who represented Ireland. This includes Competitiveness Council meetings, ESPCO meetings and Foreign Affairs (Trade) Council meetings.
|
Formal and Informal Competitiveness Councils from January 2013 to date |
Presidency Chair |
Irish Representative |
|
18/19 February 2013 18 February 2013 19 February 2013 |
Minister for Jobs, Enterprise, and Innovation Mr Richard Bruton TD Minister of State with responsibility for Research and Innovation Mr Sean Sherlock TD |
Minister of State with responsibility for Small Business Mr John Perry TD |
|
2/3 May 2013 (Informal) 2 May 2013 3 May 2013 |
Minister of State with responsibility for Research and Innovation Mr Sean Sherlock TD Minister for Jobs, Enterprise, and Innovation Mr Richard Bruton TD |
Senior Official Minister of State with responsibility for Small Business Mr John Perry TD |
|
29/30 May 2013 29 May 2013 30 May 2013 |
Minister for Jobs, Enterprise, and Innovation Mr Richard Bruton TD Minister of State with responsibility for Research and Innovation Mr Sean Sherlock TD |
Minister of State with responsibility for Small Business Mr John Perry TD |
|
Formal and Informal Trade Councils from January 2013 to date |
Chair |
Irish Representative |
|
17/18 April 2013 (Informal) |
Minister for Jobs, Enterprise, and Innovation Mr Richard Bruton TD |
Minister of State with responsibility for Small Business Mr John Perry TD |
|
Formal and Informal EPSCO Councils from January 2013 to date |
Chair |
Irish Representative |
|
7/8 February 2013 ( Informal) |
Minister for Jobs, Enterprise and Innovation Mr Richard Bruton TD (in relation to employment issues). Minister for Social Protection Ms. Joan Burton TD (in relation to social protection issues). |
Minister of State with responsibility for Disability, Equality and Mental Health, Ms. Kathleen Lynch TD |
|
28 February 2013 |
Minister for Jobs, Enterprise and Innovation Mr Richard Bruton TD (in relation to employment issues). Minister for Social Protection Ms. Joan Burton TD (in relation to social protection issues). |
Senior Official |
124. Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the number of parliamentary replies issued by him to this Deputy in 2013 containing an undertaking to provide extra information requested; the date of the question in each case; the date on which the information was provided; and if he will make a statement on the matter. [26231/13]
Amharc ar fhreagraTo date, the Deputy has put four parliamentary questions to my Department in 2013. None of the questions required a supplementary response.
126. Deputy Niall Collins asked the Minister for Social Protection the position regardinging an application for invalidity pension in respect of a person (details supplied) in County Limerick. [25971/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 31 January 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 27 May 2013 and the case will be referred to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
