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Wednesday, 28 Sep 2016

Written Answers Nos. 249-256

Driver Licensing Exchange Agreements

Ceisteanna (249)

Caoimhghín Ó Caoláin

Ceist:

249. Deputy Caoimhghín Ó Caoláin asked the Minister for Transport, Tourism and Sport the requirements for ex-pats returning home to Ireland; the position with their entitlement to drive here; if there are different requirements depending on the period of absence or non-permanent residence in Ireland; and if he will make a statement on the matter. [27643/16]

Amharc ar fhreagra

Freagraí scríofa

The position regarding returning emigrants and driver licensing depends on a number of factors.

Under EU law, driving licences are issued to those normally resident in a Member State.  If a person takes up residence in another Member State they will exchange their licence for one issued by their new State of residence.  An Irish licence holder who moved to another EU Member State and exchanged their licence for one from that State can exchange it again for an Irish one if they return to take up residence in Ireland.

In the case of people who return from non-EU States, there are two possibilities.  If we have an agreement for reciprocal exchange of driving licences with the country which issued their licence, they can exchange it for an Irish licence.  If they hold a licence from a country with which we do not have a reciprocal exchange arrangement, they will have to begin as learners in Ireland.  However, in the latter case, if they previously held an Irish licence which lapsed within the past ten years they would be entitled to renew that Irish licence. 

Road Improvement Schemes

Ceisteanna (250)

Michael Healy-Rae

Ceist:

250. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding road surfacing; and if he will make a statement on the matter. [27708/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter  for Transport Infrastructure Ireland  under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for Transport Infrastructure Ireland (TII) in accordance with Section 19 of the Roads Act. Noting the above position, I have referred the Deputy's question to TII for direct reply.  Please advise my private office if you don’t receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Bus Services

Ceisteanna (251)

Michael Healy-Rae

Ceist:

251. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding a bus stop; and if he will make a statement on the matter. [27740/16]

Amharc ar fhreagra

Freagraí scríofa

The National Transport Authority (NTA) has statutory responsibility for the development of public transport infrastructure including bus stops, bus shelters, bus stations, bus stands and bus fleets in the State.

Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for direct reply.  Please advise my private office if you do not receive a reply within ten working days.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Haulage Industry

Ceisteanna (252)

Fiona O'Loughlin

Ceist:

252. Deputy Fiona O'Loughlin asked the Minister for Transport, Tourism and Sport if he will review a person's (details supplied) application for a haulage licence; and if he will make a statement on the matter. [27745/16]

Amharc ar fhreagra

Freagraí scríofa

An application for an international road transport operator licence (details supplied) was received by the Road Transport Operator Licensing Unit  of my Department on 20 May 2016.  In order to meet the requirements to hold an international road transport operator licence, the applicant must meet the legislative requirements of Professional Competence; Good Repute; Financial Standing and Establishment.

The Road Transport Operator Licensing Unit has been in contact with the applicant on a number of occasions and outstanding information was requested.  All information requested to date has been received, the latest documents being received on 19 September 2016. Under Article 11 EU Regulation 1071/2009 "the time limit for the examination of an application for authorisation by a competent authority shall be as short as possible and shall not exceed 3 months from the date on with the competent authority receives all documents necessary to assess the application.  The competent authority may extend this time limit for one additional month in duly justified cases."  

As the licence application is still under examination, I am not in a position to state exactly when a decision will be made.  However, the Road Transport Operator Licensing Unit of my Department will be in contact with the applicant within the period prescribed.

Statutory Instruments

Ceisteanna (253)

Seán Sherlock

Ceist:

253. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation the date of transfer to the Irish Auditing and Accounting Supervisory Authority, IAASA, of oversight of auditors in relation to the audit of public interest bodies. [27590/16]

Amharc ar fhreagra

Freagraí scríofa

I signed the European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No. 537/2014) Regulations 2016 (S. I. No. 312 of 2016) on 15 June 2016 and they took effect on 17 June 2016. This Statutory Instrument gives effect to Ireland’s obligations under the EU audit reform package, comprising Directive (2014/56/EU) which amends Directive 2006/43/EC and a Regulation (EU) No. 537/2014.

The Directive applies to all statutory audits while the Regulation adds more stringent rules for the audits of entities such as financial and credit institutions, insurers, funds and listed companies, known as ‘public interest entities’.

Under S.I. No. 312 of 2016, the Irish Auditing and Accounting Supervisory Authority (IAASA) was designated as the competent authority with ultimate responsibility for the oversight of the new enhanced audit regime in Ireland. Specifically, IAASA is responsible for carrying out the following tasks in relation statutory auditors and audit firms that carry out statutory audits of public interest entities:

(i) Quality assurance system referred to in Article 26 of the EU Regulation;

(ii) Investigations arising from (i) above or from a referral by another authority, and

(iii) Sanctions and measures arising from (i) and (ii) above.

Comprehensive Economic and Trade Agreement

Ceisteanna (254)

Catherine Murphy

Ceist:

254. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation if there has been any analysis carried out on the potential impacts of CETA on public procurement here, including impacts on regularity and policy scope and also on the share of public procurement contracts being held by SMEs; and if she will make a statement on the matter. [27718/16]

Amharc ar fhreagra

Freagraí scríofa

The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a new generation agreement that will remove tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. CETA represents a modern high standard agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors.

CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.

The procurement chapter in CETA will eliminate the major asymmetry between the EU and Canada, given that the EU procurement market is already de facto open to Canadians, including at the sub-federal level, while in Canada the access for EU firms is very limited. For the first time, Canadian provinces, territories and municipalities will open their procurement markets to a third country, going well beyond what Canada has offered in the GPA (the multilateral Government Procurement Agreement) or under NAFTA (the North America Free Trade Agreement). Canada’s provincial procurement market is estimated to be double the size of its federal equivalent.

Canada will also create a single electronic procurement website that combines information on all tenders, which corresponds to existing intra-EU arrangements, and would greatly facilitate the effective access of firms, especially small and medium sized enterprises, to procurement opportunities in Canada. Making the trading landscape easier and more predictable is particularly important to SMEs to internationalise and grow exports, given that trade barriers tend to disproportionately burden smaller firms, who have fewer resources to overcome them than larger firms.

I support provisional application of CETA as I am keen to see Irish firms enjoy the tariff free benefits and new opportunities as soon as possible included in the all-important chapters on public procurement, rules and tariffs. The issue of growing market share in other markets is made even more important by the result of the UK referendum on its membership of the EU. CETA and the EU’s other trade agreements help to open new markets, break down barriers and provide new opportunities for Irish firms.

Comprehensive Economic and Trade Agreement

Ceisteanna (255, 256)

Paul Murphy

Ceist:

255. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation if she will report on the position and the work of the Government and the Irish permanent representation in relation to the examination by the European Council of the scope of provisional application of CETA; and if she will make a statement on the matter. [27770/16]

Amharc ar fhreagra

Paul Murphy

Ceist:

256. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation the Government’s position as to which elements of CETA fall under EU competence and which are considered to fall under national competence; and if she will make a statement on the matter. [27771/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 255 and 256 together.

The EU-Canada Comprehensive Economic Trade Agreement (CETA) is a new generation agreement that will remove tariffs between the EU and Canada and will create sizeable new market access opportunities in services and investment. CETA represents a modern high standard agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors.

CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms.

Given the position taken by Ireland and other Member States, the EU Commission has submitted CETA to the Council for decision as a mixed agreement, that is, one requiring both EU and individual Member States ratification. Following a decision by the Council with the consent of the European Parliament, it will be possible to provisionally apply CETA.

Provisional application is a standard process in Free Trade Agreements which provides for the coming into effect of those areas over which the EU has competence. Provisional application will not apply to those areas over which Member States have competence including investment protection and investment dispute settlement. Accordingly, I support provisional application as I am keen to see Irish firms enjoy the tariff free benefits and new business opportunities as soon as possible. The EU Commission is currently finalising the text on provisional application of CETA for submission to the Council for a decision.

In accordance with Article 218(8) of the Treaty on the Functioning of the European Union, the full entering into force of CETA will be subject, in the first instance, to a decision by the EU, through a Council decision with the consent of the Parliament, and secondly by the approval of all Member States through the relevant national ratification procedures. This means that Dáil Eireann will be part of the final decision to ratify CETA.

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