Written Answers Nos. 101-110
101. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if EU funding is available to help rejuvenate Irish industrial estates; and if he will make a statement on the matter. [31784/14]
Amharc ar fhreagraI am informed by IDA Ireland that at present the agency is not aware of any EU funding available for assisting in the rejuvenation of its Industrial Estates.
102. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the total number of local enterprise office launches to date; the cost of each launch; and if he will make a statement on the matter. [31914/14]
Amharc ar fhreagraOne of the constant challenges for enterprise support services is awareness levels among key target audiences of the range of supports that are actually available. Much effort and tax payer's money goes towards the provision of these services but repeated surveys show that awareness among business people remains low. As part of an ongoing and broader effort to bridge this awareness gap, the formal launching of individual LEOs commenced with the National launch in the LEO Westmeath on 29th April 2014. A further 30 LEOs have been launched since.
The individual local LEO launches provide an ideal opportunity to demonstrate locally how the LEOs will be at the front line in delivering business growth and jobs, providing direct support and pulling together all the players – agencies, Local Authorities and the private sector - to support everyone with a good business idea and strengthen the enterprise sector in the local area.
In parallel with the local launches of the LEO offices a national competition to find Ireland’s best young entrepreneur was also launched which offers further opportunity to promote awareness of the new LEO offices and the enterprise supports they offer. Available details of the cost of the individual launches is attached overleaf.
Each LEO has a small allocation for events such as these and the costs are incorporated into each Office’s budgets for the year.
|
LEO |
€ |
|
Carlow |
1,125.00 |
|
Cavan |
1,209.00 |
|
Clare |
742.15 |
|
Cork City |
3,063.44 |
|
Cork South |
971.60 |
|
Cork North/West |
1,650.00 |
|
Dublin City |
2,047.00 |
|
Dublin South |
310.00 |
|
Dun Laoghaire/ Rathdown |
4,297.00 |
|
Galway |
1,300.00 |
|
Kerry |
500.00 |
|
Kildare |
1,098.00 |
|
Kilkenny |
314.00 |
|
Laois |
513.00 |
|
Leitrim |
30.00 |
|
Limerick |
600.00 |
|
Louth |
1,250.00 |
|
Mayo |
3,717.00 |
|
Meath |
850.00 |
|
Monaghan |
500.00 |
|
Offaly |
742.00 |
|
Roscommon |
400.00 |
|
Sligo |
2,900.00 |
|
Tipperary |
4,385.00 |
|
Westmeath |
540.00 |
|
Wexford |
1,500.00 |
|
Wicklow |
1,974.62 |
|
TOTAL |
38,528.81 |
103. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation when a decision will be made on a work permit in respect of a person (details supplied); and if he will make a statement on the matter. [31916/14]
Amharc ar fhreagraThe application in respect of the person named above was refused on appeal on18th February 2014 on the basis that the position on offer is one of the occupations currently ineligible for a new employment permit.
104. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation if work permits may be considered in relation to part-time positions; and if he will make a statement on the matter. [31917/14]
Amharc ar fhreagraEmployment Permits in general are issued only for full-time job vacancies for a range of positions which are not on the list of Ineligible Categories of Employment for Employment Permits.
Spousal/Dependant Employment Permits may issue for jobs with as few as 10 hours per week. Spouses, recognised partners and eligible dependent (unmarried) children, who have been admitted to the State as family members of holders of Green Card employment permits or who have been admitted as family members of Researchers on Hosting Agreements are eligible to apply for Spousal Permits.
105. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation if a person on a student visa may apply for a work permit; and if he will make a statement on the matter. [31918/14]
Amharc ar fhreagraA person on a student visa may apply for an Employment Permit subject to all of the usual criteria for an Employment Permit.
Persons on student visas are permitted to work for twenty hours per week during term time and for forty hours per week during the academic holidays without an Employment Permit.
106. Deputy Seán Ó Fearghaíl asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form those Acts currently in force for which he has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same; and if he will make a statement on the matter. [32006/14]
Amharc ar fhreagraActs currently in force, for which I have lead responsibility which have parts or sections yet to be formally commenced, are as follows:-
|
Title of Act |
Section yet to be formally commenced |
Details or Purpose of Section |
|
Consumer Protection Act 2007 |
It is not intended that Sections 48 and 49 of the Consumer Protection Act 2007 will be commenced as the Attorney General has advised that the provisions are incompatible with the maximum harmonisation nature of the Directive on Unfair Commercial Practices which was transposed into Irish law by the Consumer Protection Act 2007 |
Section 48 prohibits traders, who accept payment for goods and services by different relevant methods (currently defined as cash, credit card, direct debit), from imposing additional charges by reason of customers choosing to pay for goods or services by one relevant method over another. Section 49 provides that where traders do impose additional charges by reason of the method of payment (i.e. the trader only accepts one relevant method of payment or the trader imposes the same charge in respect of all relevant methods of payment, thus falling outside the scope of Section 48) that these charges must be included in any representation of the price of the said goods or services. |
|
Companies (Miscellaneous Provisions) Act 2013 |
Sections 7 and 8 |
Section 7 - Provide for a levy on statutory auditors and audit firms of Public Interest Entities (PIEs) in order to defray the costs to Irish Auditing and Accounting Supervisory Authority (IAASA) for carrying out the functions of external quality assurance in respect of these Public Interest Entities. Section 8 - Application of investigation and penalty systems by the Irish Auditing and Accounting Supervisory Authority (IAASA) to certain third country auditors and audit entities which carry out the audit of companies incorporated in specific third countries and territories whose transferable securities are admitted to trading in the State. |
|
Company Law Enforcement Act 2001 |
Section 109 |
Section 109 enables the Director of Corporate Enforcement to levy fines for company law breaches subject to summary prosecution. It is proposed that the Company Law Enforcement Act 2001 will be repealed by the Companies Bill 2012. Following enactment of this Bill, consideration will be given as to the timing of the commencement of the provisions in the Act. |
|
Investment Funds, Company and Miscellaneous Provisions Act 2005 |
Section 31 Section 62 Section 72 |
Section 31 has been partially commenced. The Section has not been commenced as regards the repeal of existing market abuse laws as they relate to unregulated markets. Regulation No 596/2014 on market abuse (Market Abuse Regulation) and Directive 2014/57/EU on criminal sanctions for market abuse (Market Abuse Directive) agreed in June this year will extend the previous Market Abuse Directive to new markets. Section 62 allows Directors acting for more than one company to send a single notification to the Companies Registration Office regarding a change in his or her name or address. To implement the provision will require software development, in addition to Orders specifying forms to be used and fees to be applied, before it can be commenced. Section 72 has been partially commenced by the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (Section 72) (Commencement) Order 2012 (S.I. 449/12). |
|
Companies (Auditing and Accounting) Act 2003 |
Sections 9(2)(l), 15(2), 26, 29(5), 34, 41, 42, 43, 44, 45 and 59 |
Sections 9(2)(l), 15(2), 26 and 29(5) all relate to the function under section 26 of the Act, to be given to the Irish Auditing and Accounting Supervisory Authority (IAASA), to review whether the accounts of relevant undertakings complied with the Companies Acts. Subsequent to the enactment of the Act, IAASA was given a similar function under S.I. 277 of 2007 - Transparency (Directive 2004/109/EC) Regulations 2007 with respect to the review of the accounts of companies to which that Directive relates. Section 34 amends the interpretation section of Part X of the Companies Act 1990. Section 41 relates to the applicability of accounting standards. Section 42 is the requirement for an audit committee for relevant companies. This was overtaken by the audit committee requirement in Directive 2006/43/EC. Section 43 requires disclosure of accounting policies – the application of accounting standards addresses this requirement. Section 44 relates to disclosure of remuneration in relation to audit and audit related and non-audit work. This requirement is captured in Article 49 of Directive 2006/43/EC. Section 45 relates to obligations on relevant companies to produce a Directors’ Compliance Statement. A provision to address this obligation is included in the Companies Bill 2012. Section 59 revokes the Companies Act 1990 (Auditors) Regulations 1992 (S.I. No. 259 of 1992). Transposed by (S.I. 220 of 2010) European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010. Provisions with equivalent or broadly equivalent effect, to the uncommenced provisions set out ante are included in the Companies Bill 2012 |
|
Industrial Development (Forfás Dissolution) Act 2014 |
The following sections come into operation on 16thJuly 2014: Parts 1, 3, 4, 5 and 6, Sections 31 and 40, the Schedule. All other Parts and sections come into operation on 31stJuly |
The Act makes provision for the dissolution of Forfás and the transfer of certain functions and staff to the Minister for Jobs, Enterprise and Innovation, Enterprise Ireland, the IDA, the Health and Safety Authority, Science Foundation Ireland and NSAI as appropriate; and to provide for the consequential amendment of certain other enactments and to provide for matters connected therewith. All Sections will be commenced by the end of July and Forfás will be dissolved with effect from 1st August 2014. |
|
Industrial Development (Enterprise Ireland) Act, 1998 |
Sections 18, 19 and 20 |
Under the Industrial Development Act 1993, Forfás is the overall employer of both its own staff and those of Enterprise Ireland, IDA Ireland and Science Foundation Ireland. The Industrial Development (Enterprise Ireland) Act, 1998, made provision for Enterprise Ireland (Sections 18, 19 and 20) to assume the role of employer, subject to Ministerial Order. These sections will be repealed once Part 2 of the Industrial Development (Forfás Dissolution) Act 2014 commences by the end of July 2014. Part 2 of this Act provides for Enterprise Ireland to become an employer in its own right. |
|
The Industrial Development (Science Foundation Ireland) Act 2003 |
Sections, 19, 20 and 21 |
Under the Industrial Development Act 1993, Forfás is the overall employer of both its own staff and those of Enterprise Ireland, IDA Ireland and Science Foundation Ireland. Section 19 of the Industrial Development (Science Foundation Ireland) Act 2003, concerns the powers of Science Foundation Ireland (SFI) )to employ its own staff; Section 20 concerns arrangements for when staff of Forfás are seconded to SFI; and Section 21 concerns arrangements for superannuation being administered by SFI for its employees. |
|
Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) |
Section 4(2) in as much as it refers to the repeal of existing enactments as per Schedule 2, Part 1 Mines and Quarries Act 1965 (in as much as it relates to Mines). Dangerous Substances Acts 1972 and 1979. Safety in Industry Acts 1955 and 1980, (of 1955 Act, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 20, 21, 22, 23, 26, 29, 31, 32, 36, 39, 50, 51, 53, 58, 59, 62, 63, 67, 76, 79, 80, 82, 86, 87, 88, 89, 96, 97, 99, 100, 102, 103, 104, 106, 108, 109, 18, 123, 126 & First, Second and Third Schedules ) (of 1980 Act sections 1, 2, 3, 4, 7, 17, 18, 20, 24, 25, 30, 40, 42, 43, 47, 48, 51, 52, 54, 56 & Schedule). Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995. |
The repeal of Existing Enactments as per Schedule 2, Part 1 Boiler Explosions Act 1882. Boiler Explosions Act 1890. Mines and Quarries Act 1965. Dangerous Substances Acts 1972 and 1979. Safety in Industry Acts 1955 and 1980. Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995. Safety, Health and Welfare at Work Act 1989. |
|
Dangerous Substances Act, 1972 |
The provisions relating to explosives: Part II of that Act. Section 7 (1) and the Schedule to that Act in so far as they refer to the Towns Improvement (Ireland) Act 1854, the Explosives Act 1875, the Customs and Inland Revenue Act 1883, the Local Government (Ireland) Act 1898 and the Revenue Act 1909. Section 7 (2) of that Act. any other provision of the Dangerous Substances Act 1972, to the extent that the provision is applicable to or for the purposes of explosives within the meaning of section 9 (1) of that Act. |
Part II Explosives Section 7(1) The repeal of each of the Acts referred to in the Schedule to the extent indicated. Towns Improvement (Ireland) Act, 1854 (Section 56 and, in the nineteenth paragraph of section 72, the “or throws or sets fire to any firework,”.). Petroleum Act, 1871 (The whole Act). Explosives Act, 1875 (The whole Act, except sections 73, 74, 75, 89 and 96 in so far as those sections are applied by section 8 (1) of the Explosive Substances Act, 1883, for the purposes of the latter Act.). Petroleum Act, 1879 (The whole Act). Petroleum (Hawkers) Act, 1881 (The Whole Act). Customs and Inland Revenue Act, 1883 (Section 3). Local Government (Ireland) Act, 1898 (Section 6 (c)). Revenue Act, 1909 (Section 11). Road Traffic Act, 1961 (Section 122). Section 7(2) The repeal of the application, by section 8(1) of the Explosive Substances Act, 1883, of sections 73, 74, 75, 89 and 96 of the Explosives Act, 1875, shall not be affected by any repeal effected by this Act and, accordingly, the said section 8 (1) shall be construed as if the Explosives Act, 1875, were still in force. |
Sections 19, 20 and 21 of the Industrial Development (Science Foundation Ireland) Act 2003 will be repealed with the enactment and commencement of the Industrial Development (Forfás Dissolution) Act 2014 (No. 13 of 2014). Part 3 and 4 of this Act provides for
a) IDA Ireland and SFI respectively to become employers of staff,
b) the transfer of all existing Forfás staff, currently on secondment in these agencies, to their respective agency; and
c) the establishment by these agencies of superannuation schemes for their staff.
These provisions will become effective from 16 July 2014.
My Department is currently working, along with the Health and Safety Authority, on Regulations under the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) to bring the enforcement regimes for mining, offshore installations and the sectors affected by the remaining elements of the Safety in Industry Acts into alignment with the framework of the 2005 Act. These will be enacted in due course and accompanied by the appropriate commencement order to commence the relevant part of section 4(2) of the Safety, Health and Welfare at Work Act 2005.
A review of the overall Dangerous Substances legislative regime under the Dangerous Substances Act 1972 is underway and the completion of that aspect of the repeals envisaged in section 4(2) of the Safety, Health and Welfare at Work Act 2005 will be considered in that context.
107. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection her views on a document (details supplied); if she will give due consideration to same when she is preparing for budget 2015; and if she will make a statement on the matter. [31884/14]
Amharc ar fhreagraThe Government, in its Statement of Priorities for 2014 – 2016 published last Friday, is committed to increasing the household benefits package by €100 in Budget 2015 to compensate older people and other vulnerable groups for the introduction of water charges.
Furthermore, the Government's priorities for the period to 2016 also include a commitment to the full retention of the free travel scheme. This commitment recognises the importance of the free travel pass to pensioners, people with disabilities and recipients of carer’s allowance. Since its introduction in the 1960s, the free travel scheme has been highly valued as it allows beneficiaries to participate and remain active in the community.
The appropriate rates of other welfare supports in the year ahead, including the living alone allowance, will be considered by Government as part of its deliberations on the next Budget. In this regard, each €1 per week increase in the living alone allowance would cost €9.4 million in a full year.
The issues raised in relation to health services and the USC are a matter for the Ministers of Health and Finance, respectively.
108. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection if she will commit to keeping the free travel pass in its current form; if she will ensure there are no restrictions surrounding the times that the pass can be used; if the current criteria to be eligible for the travel pass will be retained; and if she will make a statement on the matter. [31684/14]
Amharc ar fhreagraThe free travel scheme is currently available to all people living in the State aged 66 years or over, to carers and to customers under 66 who are in receipt of certain disability type payments. There are currently over 790,000 customers in receipt of free travel at an annual cost of €77 million.
The freeze on funding for the scheme introduced by the previous government in 2010 as part of its four year plan, the Programme for National Recovery, has placed pressure on the operation of the scheme as eligible passenger numbers have continued to rise. In the context of the freeze on funding, the Minister for Transport, Tourism and Sport and I established a working group with representatives from the two Departments, as well as the Department of Public Expenditure and Reform and the National Transport Authority to review the free travel scheme. I expect that group to complete its work soon. When we receive its recommendations we will consider them.
In the context of a very tough budgetary environment, the Government will continue to do its utmost to protect the most vulnerable people in Irish society. This includes the free travel scheme, which we have protected in successive Budgets and will continue to protect. The free travel pass is safe for beneficiaries.
110. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if and when a decision will issue in respect of a recent appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31715/14]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 8 July 2014 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer's decision when the appeal has been determined.
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 in relation to social welfare entitlements.
