Written Answers Nos. 511 - 529
511. Deputy Colm Keaveney asked the Minister for Jobs, Enterprise and Innovation the supports the Industrial Development Agengy or his Department give to a company (details supplied) that recently announced its intention to close its operation in Cork, including the details and values of any monetary supports; and if he will make a statement on the matter. [37533/13]
Amharc ar fhreagraIDA Ireland approved a Training Grant for the company in question on 8th July 2009. To date that Agency has paid a total grant amount of €99,548 to the company. This payment was paid on the 20th December 2011. The IDA also approved a Research Development & Innovation Grant in January 2012, but none of this grant has been paid. There are no outstanding liabilities to the IDA.
The jobs at the Cork operation were across a broad range of functions including game production, business development, HR/recruitment and IT. However the project did not proceed as originally envisaged and a significantly higher proportion of the work was undertaken in the company’s head office. Regrettably, as part of a global cost-cutting initiative, the company decided to close the Cork operation with the loss of the 89 jobs. The company informed employees of its decision on 22 August last, and a 30 day consultation process with employees commenced. Its North American operations have also been affected. The cuts are as a result of certain areas of the company’s operations not growing or performing as expected. This is a very unfortunate development but one driven by the commercial reality facing the company.
512. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation the current legal standing for products sold to Ireland to have country of origin on their labelling; if products are permitted to have "Made in the EU" labelling as opposed to labelling indicating they were made in a specific country; and if he will make a statement on the matter. [37541/13]
Amharc ar fhreagraThere is no legal requirement in Ireland for producers of non-food items (i.e. clothing, etc.) to show the country of origin on the label. However, should the producer put the country of origin on the label, the Consumer Protection Act 2007 requires it to be factual. The labelling requirements in regard to food products is a matter for the Minister for Agriculture, Food and the Marine.
513. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation if he will discuss the recent EU trade deals that took effect with Honduras, Nicaragua, and Panama; if he will detail the bilateral trade between Ireland and the three countries; if he will detail the way the joint labour and environmental standards will impact on Ireland; when he expects the trade deal to be expanded to Costa Rica, Guatemala and El Salvador; and if he will make a statement on the matter. [37572/13]
Amharc ar fhreagraThe competence for the EU's common commercial policy lies with the European Union. Under Article 207 of the Treaty on the Functioning of the European Union, the European Commission conducts the negotiations on behalf of the EU. The Association Agreement between the EU and Central America was signed in 2012, and the trade part of the Agreement, with Honduras, Nicaragua and Panama entered into force on 1 August 2013. This will open up markets for goods, public procurement, services and investment, and should create a stable business and investment environment based on predictable and enforceable trade rules, and should also help to reinforce economic integration. The Agreement includes provisions guaranteeing the protection of human rights, as well as commitments on labour standards and environmental protection that will underpin sustainable development in the region. Another aspect of the Agreement is that it underpins the strengthening of economic integration of the region. This in turn will facilitate the movement of EU goods within Central America through more regional rather than "national" regulations, the use of a single administrative document for customs declarations, the harmonisation of customs procedures, and the elimination of double duties on EU goods moving from one country to another in the region.
The labour and environmental standards which are in the sustainable development chapter of the Agreement reflect international agreements in these areas, to which Ireland is already party. Under the EU-Central America Agreement, an arbitration system and a process that facilitates engagement with civil society are put in place to ensure an adequate degree of public accountability to initiatives that could carry consequences for labour and the environment.
Current Irish exports to the three countries based on 2012 figures are
- Honduras €3 million, of which computers (44%), infant foods (27%) and telecommunications and sound equipment (12%), make up 83% of the total.
- Nicaragua €3.1million, of which computers (45%), infant foods (36%) and medical and pharmaceutical (10%) make up 91% of the total
- Panama €14.7 million, of which medical and pharmaceutical (31%), infant foods (28%), and Spirits and other alcoholic beverages (21%) make up 80% of the total.
I understand that in relation to Costa Rica, Guatemala and El Salvador, the provisions of the Association Agreement concerning Geographical Indications that are a precondition to the entry into force of the Agreement for these countries, have not yet been met.
514. Deputy Aodhán Ó Ríordáin asked the Minister for Jobs, Enterprise and Innovation if he will clarify the legality of zero contracts under Irish employment law; whether or not they are permissible; if so, if he will further detail the protections in place for workers who are asked to work under such contractual arrangements in terms of working hours, advance roster availability and annual leave entitlements. [37636/13]
Amharc ar fhreagraSection 18 of the Organisation of Working Time Act 1997 contains a protection for employees who are employed on zero hour contracts. The zero hour protection applies to all employees whose contract operates to require them to be available whether they work on a casual basis or not.
This feature of the legislation covers situations where, for example, an employee is sent home if things are quiet or is requested to be available for work and is not, on the day, asked to work. Where an employee suffers a loss by not working hours he/she was requested to work or be available to work, the zero hours provisions of the Act ensure that he/she is compensated for 25% of the time which he/she is required to be available or 15 hours whichever is the lesser. The level of compensation may be impacted if the employee got some work. An expectation of work does not, however, entitle an employee to compensation.
The zero hours provision does not apply to lay-offs, short-time, emergency or exceptional circumstances, employee illness, employee on-call or where the employee is paid wages for making him/herself available for work.
Section 17 of the Organisation of Working Time Act 1997 sets out the requirements regarding notification to the employee of the times at which he/she will be required to work during the week. Generally, an employee is entitled to 24 hours’ notice of his/her roster for the week, although section 17(4) allows for changes as a result of unforeseen circumstances.
Section 19 of the Organisation of Working Time Act 1997 sets out an employee’s entitlement to paid annual leave equal to 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment) or one-third of a working week for each month in the leave year in which he or she works at least 117 hours or 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).
515. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation the position regarding a work permit application in respect of a person (details supplied); and if he will make a statement on the matter. [37650/13]
Amharc ar fhreagraAn application in respect of the person in question was refused on 23rd July 2013 on the grounds that it appeared that no Labour Market Needs Test had been carried out. A review of this decision was sought in accordance with Section 13 the Employment Permits Act, 2006 but this was not received within the required timeframe and was thus a late appeal. However I understand that a new work permit application has now been received in respect of this proposed employee and that this application will be processed shortly.
516. Deputy Seán Ó Fearghaíl asked the Minister for Jobs, Enterprise and Innovation if he has had communication from a company (details supplied) in County Kildare; if he has received any information from the company suggesting that redundancies are envisaged; if he has taken any steps to prevent such redundancies arising; if consolidation of the enterprise is underway; and if he will make a statement on the matter. [37781/13]
Amharc ar fhreagraThis pharmaceutical company has been established in Co Kildare for over 20 years and is a centre of excellence for the supply of established products as well as a manufacturer for new and innovative therapies. The facility currently supplies finished product to more than 100 markets around the world.
The global pharmaceutical industry is experiencing a number of challenges due to patent expiry and over capacity within manufacturing and, in this context, this company is no exception. In 2010 it announced the loss of 275 jobs from the Co. Kildare plant, spread over a number of years. Greater efficiencies and competiveness are continually being sought across all its manufacturing sites. IDA Ireland is in regular contact with the company and they work closely with them on securing its Irish operations. The IDA is not aware of any further announcements relating to the Co. Kildare site.
I am pleased that very significant investments have been made by the company at two of its other Irish sites over the last few years.
517. Deputy Nicky McFadden asked the Minister for Jobs, Enterprise and Innovation the number of new jobs that have been created in the digital gaming sector here in 2013; and if he will make a statement on the matter. [37900/13]
Amharc ar fhreagraThe 2013 Forfás annual employment survey, which involves a survey of all employment in companies supported by the enterprise development agencies, will be conducted in October with its findings published by year end. While this survey will provide data on employment created in a range of sectors classified by internationally agreed NACE codes, the digital gaming sector will be included under the wider ICT sector and, as such, it will not be possible to provide data relating solely to the digital gaming sector.
A study published in October 2011 by Forfás entitled “The Games Sector in Ireland: An Action Plan for Growth” stated that employment in the digital games sector had increased five fold to 2,500 since 2004. The report estimated that employment in the sector could double to 4,500 by the end of 2014 if approprate supporting actions were taken. It was for that reason that, in July 2012, I established the Digital Games Clustering Development Team, which comprises representatives of industry and Government Departments and Agencies, for the purpose of ascertaining how best the recommendations in the Forfás report could be implemented.
In accordance with the Action Plan for Jobs 2013, the Clustering Development Team is currently working with my Department, assessing options for the creation of a new financial instrument/relief to incentivise creative content development in the games sector. The Team is also formulating proposals to develop an appropriate model for a national centre which will bring together students, games developers and entrepreneurs so that Ireland will be best placed to grow employment in the digital games sector. In accordance with the timeframe outlined in the Action Plan for Jobs 2013, the Team has indicated that it will be presenting its proposals in this regard to me before year end.
518. Deputy Jim Daly asked the Minister for Jobs, Enterprise and Innovation if he will detail by name, location and cost the number of capital projects funded by his Department for each of the past five years to date in tabular form in an area (details supplied) in County Cork; and if he will make a statement on the matter. [37964/13]
Amharc ar fhreagraI understand that this Question refers to building and infrastructural projects in the locations mentioned. While my Department, through Enterprise Ireland, provides capital funding to higher education institutes in Co. Cork, which goes partly towards the provision of suitable buildings, none of these projects are located in Kinsale, Bandon or Clonakilty.
519. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation the steps being taken to encourage and enable indigenous Irish firms to export to Latin America particularly in the context of that continent's rapid population growth and developing economies and in view of the fact that that continent is currently Ireland's smallest export region accounting for just under €140 million worth of exports in 2012. [38094/13]
Amharc ar fhreagraEnterprise Ireland (EI) has, in the last three years, significantly increased the number of staff focussed on Latin America. The team now consists of two staff in Sao Paulo and three staff based in Dublin. In addition, EI has added 20 Pathfinders in the priority market of Brazil and throughout Latin Market, including a presence on the ground in Mexico. These are market experts in vertical sectors which match the areas of priority and greatest opportunity for Irish companies.
In line with its client-led approach, Enterprise Ireland has prioritised the Brazilian market in Latin America for supporting our indigenous companies to grow their exports. EI established the office in Sao Paulo, Brazil in 2008, with the objective to support indigenous Irish firms who are clients of the agency to build market sales to the Brazilian market, the largest in Latin America.
A Ministerial-led Trade Mission to Brazil is to take place shortly. Over 35 participants will travel to build on Enterprise Irelands on-going work with its client companies and previous Ministerial Trade Missions in 2008 and 2010 and the Trade Mission led by President Higgins in 2012. In conjunction with our Embassies in the region, EI continues to promote, through speaking engagements, social media sites, networks and trade and other media, key messages regarding Ireland. In addition, EI will host a Business Breakfast in Mexico City on the occasion of the visit of President Higgins to Mexico in October 2013.
In 2013 Enterprise Ireland has also organised 5 inward buying delegations from Brazil. These were focussed on areas of significant opportunity for Irish companies and the delegations included senior executives from major Brazilian companies in Life Sciences, Agri-technology, Financial Services and Telecommunications. These visits have opened up opportunities for Irish companies in a variety of end markets, and EI will be working closely with these companies to help deliver sales and ultimately jobs for these indigenous firms.
I am confident that, with the efforts being made by Enterprise Ireland and the resources being made available to the agency by the Government, exports to the region will continue to grow.
520. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation the number and aggregate value of innovation vouchers expended to date in 2013; and if there are any plans to extend and augment this initiative. [38095/13]
Amharc ar fhreagraThe Innovation Voucher initiative was developed in 2007 to build links between Ireland's public knowledge providers (i.e. higher education institutes, public research bodies) and small businesses. Innovation Vouchers worth €5,000 are available to assist a company or companies to explore a business opportunity or problem with a registered knowledge provider. To date in 2013 a total of 619 vouchers with a potential maximum value of €3,095,000 have been approved.
The Innovation Vouchers initiative, administered by Enterprise Ireland, has been designed to stimulate increased innovation within the small business sector while bridging the gap that exists between the small business sector and public research bodies. As a measure of the scheme’s success in fostering collaboration many of the companies who worked with a knowledge provider have since applied for more substantial funding from programmes like Enterprise Ireland’s Innovation Partnership programme - designed to support collaborative research in companies that do not have their own R&D department but want to develop a new product or technology using research expertise.
The Innovation Voucher Programme has been running successfully since 2007 and my Department and Enterprise Ireland plan to continue the programme as long as the demand justifies it and it continues to meet a need in the small business sector.
521. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if he will update his response to Parliamentary Question No. 344 of 25 June 2013 regarding the recent Supreme Court decision upholding a constitutional challenge to the system of Registered Employment Agreements; if he will outline the formal response of Government to the decision and the steps the Government now intends to take; and if he will make a statement on the matter. [38121/13]
Amharc ar fhreagraIn May 2013, the Supreme Court struck down as unconstitutional the framework for Registered Employment Agreements as provided for in the 1946 Industrial Relations Act. This is clearly an important issue for many employers and their employees, particularly in relation to rates of pay and tendering for contracts. Having considered the legal advice from the Attorney General on the implications of the Supreme Court ruling, I intend to bring forward legislation to address the ruling as soon as possible. Such legislation will be fully informed by the Court’s judgment and will provide for a revised framework to deal with those matters.
522. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will outline on a county basis the total number of Industrial Development Agency visits to each county in 2012 and to the end of July 2013; in the case of the 2012 figures if he will outline on a county basis the number of those visits that resulted in an investment being made; and if he will make a statement on the matter. [38290/13]
Amharc ar fhreagraDetails of the number of IDA sponsored site visits by potential investors on a county basis from January 2012 to the end of August 2013 are set out in the tabular statement. These site visits were from new companies visiting the locations for the first time and from senior executives of existing companies. In 2012, IDA Ireland secured a total of 145 investments which resulted in the creation of 12,722 jobs. However, it should be noted that jobs announced in 2012 are typically created over a period of three to five years.
As Ireland competes for high quality investments, the concept of scale is crucial. Leading global corporations require a significant population pool, access to qualified talent, world standard physical and digital infrastructure coupled with the availability of sophisticated professional and business support services.
I am mindful that, in order to ensure that Ireland can continue to compete globally for FDI projects, it will be necessary to undertake an in depth analysis of our FDI strategy with a view to informing the formulation of an appropriate strategy for the period post 2014. This analysis, which will be undertaken later this year, will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI, any changes to the EU’s State Aid rules that may be introduced in the near future and our agreed approach to regional development.
In the meantime, IDA Ireland has assured me that it is continuing in 2013, in accordance with the Government’s 2013 Action Plan for Jobs, to target more than 130 new investments, secure €500 million of R&D expenditure and create 13,000 new jobs in its client companies.
Table showing the number of site visits on a County basis for 2012 to the end of August 2013
|
County |
2012 |
2013 to end of August |
|
Carlow |
4 |
1 |
|
Cavan |
3 |
2 |
|
Clare |
14 |
5 |
|
Cork |
38 |
28 |
|
Donegal |
1 |
4 |
|
Dublin |
196 |
152 |
|
Galway |
18 |
12 |
|
Kildare |
1 |
1 |
|
Kerry |
2 |
1 |
|
Kilkenny |
3 |
2 |
|
Laois |
0 |
2 |
|
Leitrim |
0 |
1 |
|
Limerick |
30 |
20 |
|
Longford |
0 |
0 |
|
Louth |
12 |
2 |
|
Mayo |
1 |
2 |
|
Meath |
0 |
1 |
|
Monaghan |
0 |
1 |
|
Offaly |
3 |
1 |
|
Roscommon |
0 |
4 |
|
Sligo |
6 |
9 |
|
Tipperary |
5 |
3 |
|
Wateford |
26 |
13 |
|
Westmeath |
7 |
6 |
|
Wexford |
3 |
1 |
|
Wicklow |
6 |
1 |
|
Total |
379 |
275 |
524. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation the steps his Department intend to take to ensure semi-State bodies and other organisations and bodies under the remit of his Department advertise vacant positions through the Public Appointments Service and publicjobs.ie that is in a clear and transparent manner; and if he will make a statement on the matter. [39255/13]
Amharc ar fhreagraThe filling of vacancies in bodies within my Department’s remit is primarily an operational matter for the organisations themselves. The sanction to fill these vacancies typically specifies a requirement to advertise through the Public Appointments Service (PAS).
My Department is committed to implementing the highest standards in all recruitment processes in which it is involved and encourages recourse to the services of PAS in circumstances where it has a capacity to assist.
525. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the full year saving to the Exchequer if all salaries of the CEOs of non-commercial State sponsored bodies under the aegis of his Department were reduced by 10%; and if he will make a statement on the matter. [39273/13]
Amharc ar fhreagraThe table shows the post-1 July 2013 annual salary for the CEOs of the Non-Commercial State-Sponsored Bodies under my Department’s remit and identifies the savings that would arise from a 10% cut in the salary of each. The individual salary of each of the 35 City and County Enterprise Boards (CEBs) CEOs was not immediately available to me in the time provided to answer the Deputy’s Question. However, I can confirm that each CEB CEO would earn between €65,000 and €86,254.
|
Non-Commercial State-Sponsored Body |
CEO Salary 1st July 2013 |
CEO Salary after 10% reduction |
Annual Saving after 10% reduction |
|
Forfás |
€175,554 |
€157,998.60 |
€17,555 |
|
IDA Ireland |
€175,554 |
€157,998.60 |
€17,555 |
|
Enterprise Ireland |
€175,554 |
€157,998.60 |
€17,555 |
|
National Standards Authority of Ireland |
€143,807 |
€129,426.30 |
€14,381 |
|
Science Foundation Ireland |
€175,554 |
€157,998.60 |
€17,555 |
|
Shannon Development |
*See note below |
- |
- |
|
Health and Safety Authority |
€143, 535 |
€129,181.50 |
€14,354 |
|
Irish Auditing and Accounting Supervisory Authority |
€115, 376 |
€103,838.40 |
€11,538 |
|
Personal Injuries Assessment Board – injuriesboard.ie |
Self-funded |
No saving to the Exchequer |
- |
|
City and County Enterprise Boards (35) |
€65,000 to €86,254 |
€58,500 to €77,628.60 |
€6,500 to €8,625 |
|
InterTrade Ireland |
stg£84,630** |
stg£76,167 |
stg£8,463 |
|
National Consumer Agency |
€126,550 |
€113,895 |
€12,655 |
|
Competition Authority*** |
€164,388 |
€147,949.20 |
€16438.80 |
*The CEO of Shannon Airport Authority is currently fulfilling the duties of CEO of Shannon Development so there is currently no CEO salary being paid by Shannon Development.
**InterTradeIreland is based in Newry, Co Down - its operating currency is sterling.
*** The Head of the Competition Authority is titled Chairman rather than CEO as is the case for the Department’s other Non Commercial State-Sponsored Bodies.
526. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the full year saving to the Exchequer if all State agency board members' fees, non-commercial State sponsored bodies and commercial semi-State companies under the aegis of his Department were reduced by 25%; and if he will make a statement on the matter. [39283/13]
Amharc ar fhreagraThe table lists the fees for the Chairperson and Members, for each Board under the aegis of my Department. The Deputy should note that in some cases members may have opted to waive their fees, some members will be subject to the ‘one person one salary’ principle and others are Department nominees at official level who are not entitled to fees and vacancies will exist on various boards from time to time.
The individual amounts paid to each member in board fees are a day to day matter for the respective Agencies. I have asked the Agencies to respond directly to the Deputy.
|
Body |
Chairpersons Fees |
Member Fees |
|
Enterprise Ireland |
€20,520 |
€11,970 |
|
Forfas |
€20,520 |
€11,970 |
|
IDA Ireland |
€20,520 |
€11,970 |
|
Labour Relations Commission |
€20,520 |
€11,970 |
|
National Consumer Agency |
€20,520 |
€11,970 |
|
Personal Injuries Assessment Board |
€20,520 |
€11,970 |
|
Science Foundation Ireland |
€20,520 |
€11,970 |
|
Shannon Free Airport Development Company |
€20,520 |
€11,970 |
|
Health and Safety Authority |
€11,970 |
€7,695 |
|
Irish Auditing and Accounting Supervisory Authority |
€11,970 |
€7,695 |
|
National Standards Authority of Ireland |
€11,970 |
€7,695 |
|
Crafts Council of Ireland |
€11,970 |
€7,695 |
|
Intertrade Ireland |
€11,970 |
€7,695 |
|
Company Law Review Group |
€8,978 |
€5,985 |
527. Deputy Terence Flanagan asked the Minister for Social Protection his plans to reform defined benefit pension legislation (details supplied); and if she will make a statement on the matter. [36858/13]
Amharc ar fhreagraThe manner in which the assets of a defined benefit pension scheme are distributed on the wind up of a scheme has been examined in some depth and is under consideration at present, along with other defined benefit issues. I am keeping the situation under review and will report back to Government shortly on these issues.
528. Deputy Arthur Spring asked the Minister for Social Protection the social welfare benefits the Croatians will be automatically entitled to if they decide to move here. [37033/13]
Amharc ar fhreagraWith accession to the EU, Croatia comes within the terms of the EU Regulations on the Coordination of Social Security Systems (883/2004 and 987/2009). These Regulations cover a wide range of benefits including those provided for sickness, maternity, invalidity, old age, survivor’s, occupational injuries, death grants, unemployment, pre-retirement and family. Under the Regulations, citizens of other EU States enjoy the same benefits and are subject to the same obligations under the legislation of any Member State as the citizens thereof.
The Regulations dictate where a person should pay social insurance and what State is competent for payment of benefits. In the case of contributory benefits, with few exceptions, they override residence conditions in national legislation and they also provide for the aggregation of contributions where a person has worked in more than one Member State.
Non-contributory benefits also come within the terms of the Regulations. However, these are, with few exceptions, payable in accordance with national legislation and only in the country of residence. As with other EU citizens, Croatian nationals applying for non-contributory benefits will need to satisfy the Habitual Residence Condition.
529. Deputy Finian McGrath asked the Minister for Social Protection her views on correspondence (details supplied) regarding the recognition of transgendered persons. [37218/13]
Amharc ar fhreagraThe General Scheme of the Gender Recognition Bill, 2013 was published on 17 July, 2013 following Cabinet approval. The proposed legislation will provide for the recognition of the acquired gender of transgender persons aged 18 and over and who are not married or in a civil partnership.
Once enacted, it will mean that a transgender person will have their acquired gender fully recognised by the State for all purposes including the right to marry or enter a civil partnership in the acquired gender and the right to a new birth certificate.
The Bill represents a significant step forward in the rights of transgender persons in Ireland. In publishing the General Scheme, I have taken into account the views of the representative bodies, the changing attitudes in our society and the developments in the health care and related supports for transgender persons to ensure that this Bill provides a progressive and streamlined approach to giving legal recognition to transgender persons.
The application process for gender recognition is a simple administrative procedure, through my Department, which will involve a statutory self-declaration by the applicant that they intend to live permanently in the new gender and validation by the primary treating physician that the person has transitioned or is transitioning to the acquired gender. The applicant will not have to specify that they have been living in their acquired gender for a specific period of time prior to their application.
The issue in relation to transgender persons who are married or in a civil partnership and who wish to have their acquired gender recognised is an extremely complex one. There is no simple legislative solution to this issue that can be guaranteed to be constitutionally robust, and I want to legislate now for the majority of the people affected, who are single.
This matter will be looked at again once the Government has decided its response to the Constitutional Convention recommendations on same-sex marriage.
I have requested the Oireachtas Committee on Education and Social Protection to consider the provisional draft Heads of Bill and, in that regard, officials from my Department will appear before the Committee on the 23 October, 2013. I feel that the Committee can make a very positive contribution to the preparation of the legislation and I believe that this approach should greatly assist the drafting of the legislation and its progress through the Oireachtas.
