Written Answers Nos. 205-218
205. Deputy Jim Daly asked the Minister for Public Expenditure and Reform if he is satisfied with the security arrangements currently in place to secure a college (details supplied) in County Cork; if he is further satisfied with the arrangements to ensure maintenance of the building to an acceptable standard; and if he will make a statement on the matter. [44166/14]
Amharc ar fhreagraThe Clonakilty Agricultural College locally known as Darrara College is run and maintained by Teagasc. A Department of Agriculture office in Clonakilty has been vacated in 2014. The property is secured and maintained to an acceptable standard by the Office of Public Works and this will continue pending a decision on its future use.
206. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will provide an update regarding the Freedom of Information Act; if freedom of information fees are still applicable; and if he will make a statement on the matter. [44233/14]
Amharc ar fhreagraThe Freedom of Information Act 2014 became law on 14 October 2014, the date it was signed by the President. All new FOI requests received after that date are being processed under the new Act.
The €15 initial application fee was abolished from 14 October when the new FOI Act came into effect. Other than in relation to the initial application fee, all elements of the new fees regime came into effect once the new fees order was signed on 16 October 2014. Details of the new fees regime are as follows:
No €15 initial application fee applies since the new Act came into effect on 14/10/14. There is a minimum threshold of €100 where no search, retrieval and copying fees can be charged. Once the charge exceeds €100, full fees apply. There is a cap on the amount of search, retrieval and copying fees that can be charged of €500. There is a further upper limit on estimated search, retrieval and copying fees at €700 above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit. The fee for internal review under Section 21 is now €30 (€10 for medical card holders and their dependants). The fee for appeals to the Information Commissioner under Section 22 is now €50 (€15 for medical card holders and their dependants).
In terms of the details supplied by the Deputy, information on the main changes in the new FOI legislation, including in relation to FOI fees, can be found on my Department's website www.per.gov.ie.
In addition, the Deputy may wish to note that a new detailed and comprehensive FOI website is at an advanced stage of development by the FOI Central Policy Unit in my Department. It is planned that this will be launched by end-year replacing the website relating to the FOI legislation repealed by the new Act.
207. Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform his plans to extend the retirement grace period beyond June 2015 for teachers who cannot retire during the academic year. [44305/14]
Amharc ar fhreagraI have no current proposals to extend the grace period for public servants including teachers beyond end June 2015.
208. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if he will provide an update on the works at a location (details supplied) in County Galway. [44367/14]
Amharc ar fhreagraThe Clare River (Claregalway) Drainage Scheme was submitted to the Department of Public Expenditure and Reform (DPER) for Ministerial Confirmation i.e. statutory approval on 2nd November 2013. In accordance with normal procedure, the scheme documentation submitted to DPER included an Environmental Impact Statement which is a consultants report of the environmental impacts of the works and the Office of Public Works (OPW) proposals to mitigate those impacts as far as possible.
The Claregalway scheme is the first flood relief scheme submitted for Confirmation following the introduction of new Regulations in 2012 to give effect in Irish law to EU Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. As the Consent Authority for flood alleviation schemes under Section 7 of the Arterial Drainage Acts 1945 – 1995, the Regulations require the Minister for Public Expenditure and Reform to (a) carry out an Environmental Impact Assessment of drainage or flood relief schemes prior to Confirmation or approval of the proposed schemes and (b) publicise his decision to Confirm or refuse to Confirm a proposed drainage scheme, inform the Commissioners and the public of the decision and to provide for a process for appeal/review of the decision and inform the public of this process.
Consultations took place with the Attorney General's Office in order to get clarification on how the new Regulations should be interpreted and implemented in the context of the Confirmation process for drainage schemes under the Arterial Drainage Acts.
Based on advice received from the Attorney General's Office, DPER has engaged experts to carry out an independent review as part of the assessment of the Environmental Impact Statement of the Claregalway scheme that was submitted by the OPW.
We currently await the outcome of the expert's review and the conclusion of the required public notification process.
The OPW remains committed to ensuring that the scheme will be completed as soon as possible and has provided for the cost of the works in its profiles of capital expenditure to 2016.
209. Deputy Shane Ross asked the Minister for Jobs, Enterprise and Innovation his plans to regulate the sale of gift vouchers; and if he will make a statement on the matter. [43739/14]
Amharc ar fhreagra216. Deputy Olivia Mitchell asked the Minister for Jobs, Enterprise and Innovation in view of the large number of gift vouchers which will be purchased in the coming weeks prior to Christmas and in view of the large number of these that will lapse prior to being redeemed, if it is possible to legislate to ensure that such gift vouchers remain valid for as long as the provider remains in business; and if he will make a statement on the matter. [44229/14]
Amharc ar fhreagraI propose to take Questions Nos. 209 and 216 together.
In view of the maximum harmonisation nature of Directive 2005/29/EC on Unfair Commercial Practices, it would not be possible to introduce legislative provisions regulating the expiry date or other terms and conditions of gift vouchers within the framework of unfair commercial practices law as given effect in the Consumer Protection Act 2007.
Such regulation may be possible within the framework of the legislation on unfair terms in consumer contacts, but a number of issues around such regulation would require consideration and clarification. My Department is currently reviewing this legislation as part of a wider review of consumer contract rights law, and I have asked that possible provisions to regulate the expiry date and other terms and conditions of gift vouchers be examined as part of this review.
I am not aware of any specific statutory provisions on gift cards and vouchers in other EU Member States. Federal legislation in the US prohibits the sale of gift cards with an expiry date of less than five years, while legislation in a number of Canadian provinces prohibits expiry dates for gift cards other than in very limited circumstances. A recent detailed review of gift card products by the Australian Consumer Affairs Advisory Council, however, concluded that there was insufficient evidence of consumer detriment to warrant a regulatory response.
210. Deputy Billy Kelleher asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the occupation at a petrol station (details supplied) in Ballyvolane, County Cork; and if he will make a statement on the matter. [43835/14]
Amharc ar fhreagraI am aware that of the matter raised by the Deputy, and I welcome reported progress overnight. I have brought the situation to the attention of the National Employment Rights Authority (NERA) and they remain available to provide the workers with any clarifications they might require on their employment rights.
NERA is mandated to secure compliance with employment rights legislation. Under the current reform programme, NERA’s Information Unit has been restructured and expanded to form a new Workplace Relations Customer Service Section. This Section provides information in relation to employment, equality and industrial relations rights and obligations and can be contacted at Lo-call: 1890 80 80 90. This Section can provide information on the employees’ rights and how to obtain redress if the employees’ rights have been infringed. The website http://www.workplacerelations.ie also provides extensive information on employment rights.
211. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on comments by the director of the Credit Review Office that the limit for loans under the microfinance scheme be raised to €50,000 or €100,000; and if he will make a statement on the matter. [43846/14]
Amharc ar fhreagraMy officials are currently undertaking a review of MFI and have been actively engaged in discussions with stakeholders, representative organisations, the various banks, the credit union movement, Microfinance Ireland and the Local Enterprise Office on the review as committed to in Section 22 of the Microenterprise Loan Fund Act 2012 over the last 3 months.
A range of topics have been raised during these discussions which included, inter alia, removal of the requirement of a rejection from the bank, an automatic referral system for rejected bank applications, loan terms, loan limits and improved promotional and marketing opportunities.
My officials are currently holding their final meetings as part of the review process and will be finalising their report as expeditiously as possible.
212. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation his views on allowing loans drawn down under the Microfinance Ireland scheme to be repaid over longer periods and with initial interest holidays to improve the flexibility of the scheme; and if he will make a statement on the matter. [43847/14]
Amharc ar fhreagraMicrofinance Ireland (MFI) is a private company with a Board of Directors who have ultimate responsibility for the performance and governance of MFI. The issues raised by the Deputy are matters for the Board to consider and implement as they see fit. The Microenterprise Loan Fund Scheme (SI 343 of 2012) allows for moratoriums and rescheduling of loans, and does not set a limit on repayment duration. These matters are dealt with in the credit policy, which is agreed by the MFI Board.
I have commenced a review of the operation of the Microfinance Loan Act. The purpose of the review is to enhance the uptake and impact of the fund
My officials have been actively engaged in discussions with stakeholders, representative organisations, the various banks, the credit union movement, Microfinance Ireland and the Local Enterprise Office on the review.
A range of topics have been raised during these discussions which included, inter alia, removal of the requirement of a rejection from the bank, an automatic referral system for rejected bank applications, loan terms, loan limits and improved promotional and marketing opportunities.
My officials are currently holding their final meetings as part of the review process, and a report will be finalised as expeditiously as possible.
213. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to a broadcast programme (details supplied) on the difficulties posed by the lack of enforcement of the posted workers directive and legal loopholes in the transposition of the directive across all member states of the European Union; and if his Department has examined the allegations made about the actions of the Irish-registered company named in the programme; and if he will make a statement on the matter. [43870/14]
Amharc ar fhreagraThe issues raised in the programme in question relate primarily to the manner in which EU rules governing the posting of workers operate in practice. In this respect the Deputy may be aware that in May of this year the EU’s Council of Ministers adopted a new Directive designed to better enforce the EU rules on the posting of workers and so provide more robust safeguards to protect the rights of posted workers and to prevent social dumping. The Directive also aims to ensure fair competition between service providers and to improve co-operation and co-ordination between the relevant authorities of Member States. The Directive is due to be transposed by June 2016. A decision on the manner of transposition of the Directive has not yet been taken. My Department will engage in a public consultation on the transposition of the Directive early in the new year.
The Directive will provide significantly enhanced protection for workers being posted to Ireland and for those employees of Irish companies being posted to other Member States to fulfil contracts secured by their company. When workers are being posted to Ireland, in future, our National Employment Rights Authority (NERA) will have to be informed of the identity of the service provider, the number of workers being posted, the duration of the posting, as well as details of the location and nature of the services to be provided. There will also be a designated contacted person from the service provider to liaise with NERA and appropriate records will have to be maintained for inspection. These provisions will greatly enhance the role of NERA in ensuring vulnerable workers are not exploited and Irish employment law is fully respected. Similar provisions will have to be in place across the E.U. which will significantly enhance enforcement.
Of equal importance, Irish companies will be protected from unfair competition on the domestic market by ensuring foreign service providers cannot unfairly undercut nationally determined terms of employment. It also provides for more effective co-operation between national authorities like NERA in the area of enforcement.
With respect to the Irish company that featured in the programme, I can confirm that NERA has co-operated fully, within the limits of its remit, with the relevant French authorities in respect of requests for assistance in relation to investigations in that jurisdiction. NERA will continue to offer assistance, within its remit, to the French authorities and to the relevant authorities of other Member States that may seek its assistance.
214. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the number of staff that are drawing down retirement pensions from the public sector or Civil Service and that have been brought back on contract work or temporary contracts to work in his Department; and if he will make a statement on the matter. [44119/14]
Amharc ar fhreagraI can advise the Deputy that there are two staff who were formerly employed in the public sector and who have been engaged by me as civilian drivers. Their appointments commenced in 2011 and are coterminous with my period in office.
215. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if a person (details supplied) in County Dublin will qualify for an enterprise allowance; and if he will make a statement on the matter. [44206/14]
Amharc ar fhreagraI presume the Deputy is seeking information in relation to the broad range of supports that are available to micro enterprises.
The Local Enterprise Offices (LEOs) are the first-stop-shop front line service assisting in delivering business growth and jobs for the micro-enterprise sector. They pull together all the players – other Government Departments and Agencies - to support everyone with a good business idea and strengthen the enterprise sector in the local area. The LEOs are the first port of call in terms of advice, direction, training and, in certain circumstances, grant support for anyone who wishes to start or expand a business. Contact details for the LEOs are available at www.localenterprise.ie.
The LEOs themselves provide a range of financial and non-financial supports to help enterprises at start-up or during business expansion phases. It should be noted that the LEOs generally only grant assist enterprises in the manufacturing or internationally traded services sector, which over time can develop into strong export entities and graduate to the Enterprise Ireland portfolio. However, there are other potential supports available and the LEO staff can advise appropriately.
For example, the LEOs can advise clients about the Department of Social Protection Back to Work and the Short-Term Enterprise Allowance (EA) Schemes, and the JobsPlus Scheme. The EA Schemes are aimed at encouraging people getting certain social welfare payments to become self-employed by allowing them to retain a percentage of their social welfare payment for specified periods. The JobsPlus Scheme is an incentive aimed at encouraging and rewarding employers who offer employment opportunities to the long term unemployed, with grants up to €10,000 available to qualifying employers to offset wage costs where they engage jobseekers from the Live Register.
In addition, any business can use the LEOs as a gateway to accessing finance from Micro Finance Ireland (MFI), which offers support in the form of loans of up to €25,000 to start-up, newly established or growing microenterprises employing less than 10 people with viable business propositions that do not meet the conventional risk criteria applied by the banks. The Fund available to MFI has a significant entrepreneurship focus and is open to anyone with a viable business proposal. Applications for the Microfinance Fund should be channelled through the local LEO. Further information can be found on www.localenterprise.ie.
Businesses can also access the new online search tool for SME business supports that was launched last May. The Supporting SMEs Online Tool is a cross-governmental initiative to help Irish start-ups and small businesses navigate the range of Government business supports for which they could be eligible.
By answering the eight questions in the Tool, a small business will, in one location be able to:
- Find out which of the over 80 Government business supports from 27 different Government Departments, Agencies and Initiatives are available to them;
- Obtain information on the range of Government supports for accessing credit;
- Identify their nearest Local Enterprise Office where they can discuss the outcomes of the guide further
- Download all these filtered results into a document for their further use.
The Supporting SMEs Online Tool is available at: www.localenterprise.ie/smeonlinetool .
217. Deputy Fergus O'Dowd asked the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding the Companies Bill 2012; and if he will make a statement on the matter. [44292/14]
Amharc ar fhreagraAs the law stands, companies cannot be represented in court by their directors, but must engage separate legal representation. This follows from the Supreme Court’s decision in the case of Battle v Irish Art Promotion Centre [1968 IR252]. The rule in the Battle case was endorsed in 2013 by the Supreme Court in "In the Matter of Applications for Orders in Relation to Costs in Intended Proceedings by Stella Coffey and others".
As part of its current Work Programme, the Company Law Review Group is examining this issue and I expect the Group to report back by March 2016 with recommendations, if any.
218. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will acknowledge the worries of farmers here regarding the recent Transatlantic Trade and Investment Partnership outcome, and most worryingly the power of the US agri-business lobby in introducing genetically modified foods to an open EU market, thus undercutting the high quality trademark that this country's beef producers are renowned for; if he will address this; and if he will make a statement on the matter. [44341/14]
Amharc ar fhreagraThe text of the EU Commission’s mandate to negotiate with the United States on a Transatlantic Trade and Investment Partnership (TTIP) is available on the EU Council’s website at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/145014.pdf.
Paragraph 25 of the mandate sets out the parameters of the negotiating mandate in so far as sanitary and phytosanitary measures are concerned.
Negotiations started in July, 2013, and since then, seven formal negotiating rounds have taken place, the most recent of which was during the week beginning 29 September. Sanitary and phytosanitary measures have been discussed during all the rounds. The EU tabled a draft text just before the last round, and it is expected that the US will do likewise in due course. As regards market access in the agriculture sector, discussions to date have focused on non-tariff issues. The EU has not yet made an offer with regard to tariffs.
While it is not yet clear when the TTIP negotiations will be concluded, there is an ambition on both sides to make all possible progress over the coming year towards a high standard TTIP agreement.
The EU Commission has put together answers to some frequently asked questions (FAQs) with regard to the TTIP negotiations, included in which is Genetically Modified Organisms (GMOs). The FAQs can be found at http://ec.europa.eu/trade/policy/in-focus/ttip/questions-and-answers/.
The position of the EU is clearly set out here: The EU will not be forced to change its laws on GMOs. Under current EU rules, GMOs that have been approved for use as food, for animal feed or for sowing as crops can already be sold in the EU. Applications for approval are assessed by the European Food Safety Authority (EFSA) and then sent to EU Member States for their opinion. So far, 52 GMOs have been authorised. The safety assessment which EFSA carries out before any GMO is placed on the market and the risk management procedure will not be affected by the negotiations.
The EU and US already exchange information on policy, regulations and technical issues concerning GMOs and the TTIP is an opportunity to support this cooperation.
