Written Answers Nos. 86-94
86. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will provide the up-to-date position in relation to employment plans (details supplied) in County Kerry; and if he will make a statement on the matter. [13695/15]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that it has not determined that there is a requirement for General Operatives at its National Monuments Depot in Killarney at this time. Three apprentices (in stonemasonry and carpentry) have been assigned to the Depot in recent months.
87. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will provide the up-to-date position in relation to river erosion prevention plans (details supplied) in County Kerry; and if he will make a statement on the matter. [13696/15]
Amharc ar fhreagraThe local Office of Public Works foreman will be meeting the named person today (2 April 2015) to inspect the damage and discuss the matter. Works at this location are included in the OPW's maintenance work programme for the current year, and OPW intends to deal with this matter as soon as the weather and resources allow. The location is near the upper reaches of an OPW channel and it is intended that the bank will be protected with rock armour when conditions allow.
88. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation when the Construction Contracts Bill will be enacted; the reason for the delay of over a year and a half in giving effect to this legislation; and if he will make a statement on the matter. [13616/15]
Amharc ar fhreagraThe Government are committed to the earliest possible implementation of the Construction Contracts Act, 2013 and, as a consequence, approved the delegation of responsibility for its implementation to my colleague, the Minister of State for Business and Employment, Mr. Gerald Nash T.D., last November. Work is continuing on the preparations for the full implementation of the Act, as the commencement of the Act is dependent on a number of factors set out in the legislation. These factors include the appointment of a Chairperson and Panel of Adjudicators by Minister Nash. The selection of the adjudicators for this Panel will be achieved through an open competitive process to be arranged by the Public Appointments Service, at the earliest opportunity. Minister Nash is also overseeing the preparation of a Code of Practice for the conduct of adjudications, which will be binding on all adjudicators operating under the Act. The drafting of the Code is at an advanced stage and will be finalised after consultations have concluded with the relevant construction industry stakeholders. A specific date for implementation of the Act will be announced in advance once the necessary arrangements have been finalised, in order to provide sufficient notice to those affected by the Act's provisions.
89. Deputy Michael McCarthy asked the Minister for Jobs, Enterprise and Innovation if the Industrial Development Agency has been in discussion with a company (details supplied) in County Cork to acquire land adjacent to its property; and if he will make a statement on the matter. [13633/15]
Amharc ar fhreagraIDA holds two landbanks in Clonakilty, in the townlands of Clogheen and Miles. The balance of IDA lands in both holdings are 0.29 hectares in Clogheen and 0.85 hectares in Miles. Both of these land banks are currently under contract for transfer to Cork County Council. The company referred to by the Deputy acquired two sites from the IDA in Clonakilty, an 0.36 hectare site in Clogheen acquired in 1998 and an 0.40 hectare site in Miles acquired in 2001. Their site in Miles remains undeveloped.
In April 2014 a solicitor acting on behalf of the company contacted IDA enquiring if IDA would swap the lands that the company own in Miles for the IDA lands in Clogheen, to facilitate their existing premises in Clogheen. The solicitor was advised that IDA is currently in contract with Cork Council County regarding the transfer of these lands to the Council, and that therefore the IDA are not be in a position to enter into negotiations with the company in relation to a land swap. While the IDA would, of course, be keen to undertake property transactions to facilitate potential company expansions wherever possible and practicable, unfortunately in this case that is not an option, as the land is in the process of being transferred to the Council.
It should also be appreciated that issues relating to the management and disposal of specific property owned by the IDA are a day to day operational matter for that agency and one over which my Department does not have a direct role.
90. Deputy Robert Dowds asked the Minister for Jobs, Enterprise and Innovation if the Investor State Dispute resolution mechanism of the proposed Transatlantic Trade and Investment Partnership trade agreement between the European Union and the United States of America will hold precedence over Irish court decisions or Irish law; and if so, if he will state his full and unequivocal opposition to any agreement which includes a mechanism of any trade agreement that would enable companies to ignore Irish court decisions or Irish law under any circumstances. [13818/15]
Amharc ar fhreagraThe EU Commission is currently considering some ideas for reforming the investor state dispute settlement arbitration system, following the public consultation on investor protection in the Transatlantic Trade and Investment Partnership. One of those areas it is considering is the relationship between domestic legal systems and investor state dispute settlement. In order to address the perception that investor state dispute settlement gives investors a second chance to overrule the decisions of national courts, the Commission is considering two possible options: Firstly to require claimants to choose between national courts and arbitration from the outset, so they would not be allowed to use the arbitration system once a case had begun in national courts; or, to avoid the risk that this might encourage claimants to avoid national courts altogether, to provide that they would have to abandon any proceedings they have started in national courts if they launch an arbitration case. Recourse to arbitration would not be possible if the claimant decided to exhaust local remedies.
The aim is to ensure that a ruling of a member state court could not be overturned by a tribunal.
91. Deputy Robert Dowds asked the Minister for Jobs, Enterprise and Innovation if the proposed Transatlantic Trade and Investment Partnership trade agreement which is currently being discussed will allow for meat products from the United States of America, which may have been exposed to angel dust, growth hormones or other chemical treatment in their production, to be sold on Irish shelves; and if so, the measures that will be in place to ensure that Irish consumers are fully aware that the meat they are eating may not be in compliance with Irish or European Union food standards. [13819/15]
Amharc ar fhreagraThe EU Commission has consistently stated that the Transatlantic Trade and Investment Partnership will not force the EU to change its rules on hormone treated meat. The EU will keep its restrictions on hormones and growth promoters in livestock farming. This means that no product will be allowed in the EU market that does not comply with the EU’s high standards.
92. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will provide, in tabular form and on a county basis, the total amount of moneys spent by each local enterprise office and-or county enterprise board in 2014 on grants to new start-ups, and on grants to existing small and medium enterprises; the total amount of jobs claimed to have been created; and if he will make a statement on the matter. [13861/15]
Amharc ar fhreagraThe LEOs are the first-stop-shop for those beginning a new business as well as those wishing to expand their existing one. The LEOs provide financial and non-financial supports to help micro and small businesses to expand their growth potential. To qualify for receipt of direct financial support from a LEO a company applying must have ten or less employees. However, this criteria does not apply to non-direct financial supports available from the LEOs e.g. training, mentoring, advice or sign posting to other support providers. I am currently examining the outturn data as supplied by the 31 LEOs and I expect to announce the final figures in the coming weeks.
93. Deputy Brian Walsh asked the Minister for Agriculture, Food and the Marine when a decision will be made on an application under the disadvantaged areas scheme and the single farm payment scheme 2014 in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [13609/15]
Amharc ar fhreagraThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 13 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue. The application of the person named was selected for a ground eligibility inspection. This inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration of greater than 50% in respect of the Single Farm Payment Scheme and the Disadvantaged Areas’ Scheme. Under the Terms and Conditions of these schemes this resulted in no payments under these schemes in respect of 2014 and the application of administrative fines to be offset against any future EU payments. The person named was notified of this decision on 23 October 2014.
The person named sought a review of this decision and the outcome, which was to uphold the original decision, was notified by letter of 19 January 2015.
My Department understands that the person named has recently appealed this decision to the independent Agriculture Appeals Office. The person named will be notified of the outcome of the appeal on completion of the appeal process.
Officials from my Department are contacting the person named to seek further clarification on the matter of the two parcels referred to by the Deputy.
94. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine how the Agricultural Appeals Board could find no evidence of agricultural activity on the Keelderry commonage in County Galway, during its inspection of the site in January 2014, whereas independent consultants found extensive evidence of agricultural activity throughout the entire site (details supplied), one week prior to the inspection by the Agricultural Appeals Board; and if he will make a statement on the matter. [13615/15]
Amharc ar fhreagraFurther to a request by the Minister for Agriculture, Food and the Marine, the Agriculture Appeals Office carried out a review of a decision of the Department of Agriculture, Food and the Marine regarding the eligibility of the commonage land known as Keelderry Commonage, Co. Galway. As part of this review the land in question was visited on 23 January 2014. All shareholders in the commonage were notified in advance by the Minister for Agriculture, Food and the Marine of the review request and by the Agriculture Appeals Office of the site visit. A copy of the findings issued to each of the shareholders. The recommendation of the Agriculture Appeals Office was that the findings of the Department of Agriculture, Food and the Marine in relation to the eligibility of these lands be upheld.
