Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Wednesday, 2 Nov 2016

Written Answers Nos. 462-485

Proposed Legislation

Ceisteanna (462)

Clare Daly

Ceist:

462. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the steps her Department is taking to explore and discuss the practical issues proposed in the Banded Hours Contract Bill 2016. [32525/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware from the debate on the Banded Hours Contract Bill 2016 in July that the Government opposed this Bill for several reasons.

Firstly, I and my colleague, Minister Mitchell O’Connor, intend bringing forward proposals in this area for consideration by Government. In this respect, work is well advanced on developing a policy response to the University of Limerick (UL) study on zero hour contracts and low hour contracts. The policy response is being informed by the UL study itself and also the extensive material and practical examples provided by respondents to the public consultation conducted by my Department. The policy response will address the issue of workers on low hour contracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours. The proposals will also seek to ensure that workers are better informed about the nature of their employment arrangements and their core terms and conditions at an early stage in their employment. Furthermore the proposals will include provisions aimed particularly at low paid, more vulnerable workers. My Department is currently engaged in a dialog process with ICTU and Ibec to secure broad agreement before proposals are finalised.

The Government also opposed the Banded Hours Contracts Bill 2016 because it is fundamentally flawed and inappropriate, lacks balance and will not work in practice. For example, instead of focussing on the issue of low paid vulnerable workers, the Bill requires that all workers in every sector of the economy be given additional hours on request unless the employer can prove they are in “severe financial difficulties”. The Bill does not provide a basis for addressing issues relating to the protection of low paid vulnerable workers.

Work Permits Eligibility

Ceisteanna (463)

Bernard Durkan

Ceist:

463. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if a person (details supplied) currently on a student's visa can apply for a work permit; and if she will make a statement on the matter. [32552/16]

Amharc ar fhreagra

Freagraí scríofa

A person on a student visa may apply for an Employment Permit subject to all of the usual criteria for an Employment Permit being met.

All applications for Employment Permits are processed in line with the Employment Permits Act 2006, as amended and associated regulations and current Employment Permit policy is to only consider new Employment Permit applications for highly skilled, highly paid positions or for positions where there is an officially recognised scarcity of supply in relation to a particular qualification or occupation type. In addition, new Employment Permit applications are normally only considered where it is established that the employer has been unable to recruit an Irish/EEA national for the post, where a minimum salary of €30,000 per annum is on offer based on a 39 hour week and where the position on offer is one of the occupations currently eligible for a new Employment Permit. Full information on the policies and procedures currently applying are available on my Department’s website at www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/.

EU Programmes

Ceisteanna (464)

Seán Sherlock

Ceist:

464. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation the number of small and medium enterprises which have accessed funds from the EU Competitiveness of Enterprises and Small and Medium-sized Enterprises financial instrument since August 2014 to date; and the amount drawn down in each instance. [32739/16]

Amharc ar fhreagra

Freagraí scríofa

The European Union Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) runs from 2014 to 2020, with an overall budget of €2.23bn.

The objectives of COSME includes facilitating access to finance for Small and Medium-sized Enterprises (SMEs) and to increase the sustainable competitiveness of EU companies and help small businesses operate outside their home countries. COSME also aims to create an environment favourable to business creation and growth, and encourage an entrepreneurial culture in Europe.

This Government established the Strategic Banking Corporation Ireland (SBCI) as a national SME-focused lending institution, operating with a public policy mandate and with the capacity to serve as a platform to deliver EU financial instruments to SMEs in Ireland. The SBCI is a private limited company established under the Strategic Banking Corporation of Ireland Act 2014 and the issued share capital of the SBCI is owned solely by the Minister for Finance.

The SBCI has committed under the Action Plan for Jobs to maximising our engagement with the relevant elements of the Multiannual Financial Framework, including COSME, so as to ensure there are no untapped or under utilised sources of framework or other funding available to SME sector in Ireland. In this context, it has been agreed that the emphasis should be on targeting those financial instruments that are potentially of most benefit to SMEs in Ireland.

I can confirm that the SBCI has obtained initial approval from the European Investment Fund and should reach final agreement on a financial instrument supported by the COSME programme in the next few months. This will support the provision of additional funding to our SMEs and ensure that they can access funding in order to expand, service new markets and grow employment.

EU Programmes

Ceisteanna (465)

Seán Sherlock

Ceist:

465. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation if the loan guarantee facility under COSME, the Competitiveness of Enterprises and Small and Medium-sized Enterprises, has been set up here; and if so, the instrument under which and through which financial intermediary. [32740/16]

Amharc ar fhreagra

Freagraí scríofa

The European Union Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) runs from 2014 to 2020, with an overall budget of €2.23bn.

The objectives of COSME includes facilitating access to finance for Small and Medium-sized Enterprises (SMEs) and to increase the sustainable competitiveness of EU companies and help small businesses operate outside their home countries. COSME also aims to create an environment favourable to business creation and growth, and encourage an entrepreneurial culture in Europe.

One of the means by which this objective can be achieved is through the use of EU financial instruments, which are a key component of the COSME programme. The Strategic Banking Corporation of Ireland (SBCI) has been in active discussions with the European Investment Fund (EIF) on the use of European financial instruments in order to optimise the funding support available to Irish SMEs.

I am pleased to confirm that following a detailed due diligence process, the SBCI has obtained initial approval from the European Investment Fund and intends to reach final agreement on a financial instrument supported by the COSME programme in the next few months.

The purpose of this financial instrument will be to facilitate the deployment of additional funding, and to enhance access to finance for Irish SMEs which will help them scale, service new markets and grow employment.

The Government is committed to supporting the financing needs of SMEs in all sectors of the economy and ensuring that there is an adequate supply of affordable and appropriate credit to meet their needs.

EU Programmes

Ceisteanna (466)

Seán Sherlock

Ceist:

466. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the COSME, Competitiveness of Enterprises and Small and Medium-sized Enterprises, programme improving access to finance for small and medium-sized enterprises; and the engagement her Department has had, if any, with State agencies and financial institutions on this matter. [32741/16]

Amharc ar fhreagra

Freagraí scríofa

The European Union Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) runs from 2014 to 2020, with an overall budget of €2.23bn.

The objectives of COSME includes facilitating access to finance for Small and Medium-sized Enterprises (SMEs) and to increase the sustainable competitiveness of EU companies and help small businesses operate outside their home countries. COSME also aims to create an environment favourable to business creation and growth, and encourage an entrepreneurial culture in Europe

I can confirm that my Department has been actively engaged with the European Commission, the Department of Finance and the Irish financial intermediaries in relation to engaging with the financial instruments available under the COSME programme.

I can also confirm that the Strategic Banking Corporation of Ireland has obtained initial approval from the European Investment Fund and should reach final agreement on a financial instrument supported by the COSME programme in the next few months.

This will support the provision of additional funding to SMEs in Ireland and ensure that they can access funding in order to expand, service new markets and grow employment.

Trade Promotion

Ceisteanna (467)

Michael McGrath

Ceist:

467. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if she will enable Enterprise Ireland to provide support to Irish retailers investing in their online sales capacity with a view to developing and expanding their sales to markets outside of Ireland; and if she will make a statement on the matter. [32755/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Jobs, Enterprise and Innovation I am acutely aware of the importance of online trading to Irish business. According to a study commissioned by my colleague Minister Naughten earlier this year, €850,000 is being spent by Irish consumers online every hour of the day.

Enterprise Ireland’s Consumer and Retail Department, in association with the Internet Marketing Unit engage with clients to help them develop their online marketing capabilities. Working closely with the Irish Internet Association, Enterprise Ireland’s Internet Marketing Unit delivers a range of funded and advisory supports for SMEs to identify the best eCommerce solution for their clients.

In addition, The Internet Marketing Unit provides a range of services, including strategic guidance, workshops and funding support to clients. In delivering on this, the Internet Marketing Unit regularly organises events which can connect clients with leading experts and inform them on best practice. Topics covered include Developing an Online Strategy; Online Localisation for International Markets; Search Engine Optimisation; Pay Per Click Marketing; Branding and Getting the Web Content Right.

I chair the Retail Consultation Forum which brings together retail representative associations and other business organisations with the relevant Government Departments and public sector bodies. The aim of the Forum is to provide a platform for constructive engagement between the retail sector and public sector bodies.

Taking the leap into trading online can be daunting for many retailers. It is hard to compete against larger, multinational retailers. They have the advantage of being in that space for some time.

The Retail and Digital Economy Working Group set up by the Retail Consultation Forum is examining ways in which retailers can best avail of the opportunities presented by the digital economy, including the key skill requirements to support retailers to increase their digital engagement and how to learn from existing supports.

The Trading Online Vouchers Scheme, delivered by the Local Enterprise Offices (LEOs) has been a proven success. Over 1,500 vouchers have been drawn down by microenterprises to assist with establishing an online trading presence. A voucher is worth up to €2,500, or 50% of the cost, to develop a digital/online presence with emphasis on the ability to trade online.

I am currently examining, in the context of the Action Plan for Jobs 2017, what further actions can be taken by the Enterprise Development Agencies and across Government to encourage more businesses to trade online.

Brexit Issues

Ceisteanna (468)

Peadar Tóibín

Ceist:

468. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if she has created a special unit in her Department to specifically deal with Brexit; if so, the number of staff that are full-time tasked with the objective; the annual budget; and the specific responsibility of each person. [32847/16]

Amharc ar fhreagra

Freagraí scríofa

In the context of my Department, given the breath and diversity of policy and operational areas that are relevant to the UK’s decision to leave the European Union, this is a matter that impacts on, and is being monitored by, all of the Divisions across my Department.

Immediately following the UK referendum result, I established a Coordination Group within my Department consisting of relevant enterprise, single market, and trade officials, together with the Chief Executive Officers of IDA and Enterprise Ireland. I chair this Group, and I will continue to do so as part of my Department’s ongoing response. In addition, my Department has also decided to establish a Senior Officials Group on Brexit, which will monitor developments across the Department on a regular basis at official level.

The EU Affairs Unit of my Department has exercised a dedicated overall coordination role across all of the relevant policy areas, and has represented my Department in the work that is being undertaken at cross-Government level. In light of the volume of work to date, my Department has since decided to augment these existing arrangements with the establishment of a Brexit Unit, led at Principal level, to work alongside our existing EU Affairs Unit as well as all other Business Units dealing with Brexit-impacted areas of our business.

The Management Board of my Department also co-ordinates my Departments’ own response across all its Divisions to the referendum outcome.

Brexit Issues

Ceisteanna (469)

Peadar Tóibín

Ceist:

469. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if she has created a special unit in IDA Ireland to specifically deal with Brexit; if so, the number of staff that are full time tasked with the objective; the annual budget; and the specific responsibility of each person. [32848/16]

Amharc ar fhreagra

Freagraí scríofa

Preparing for the possibility of Brexit has long been a priority for IDA Ireland. Before the referendum the Agency established a team of senior managers to examine the potential impact of a UK withdrawal from the EU on Foreign Direct Investment (FDI) into Ireland. This work intensified following the result of the referendum in June and the IDA continues to engage with existing and prospective clients to ensure that its strategy remains fit for purpose in light of the various challenges that Brexit may present for Ireland.

It is important to realise that Brexit is likely to impact all of IDA Ireland’s operational divisions. Responsibility for managing Brexit as a whole cannot therefore be assigned entirely to a single discrete business unit within the Agency. Instead, all of the IDA’s main teams will be responsible for helping to address Brexit and its impacts on FDI into Ireland.

The full extent for Ireland of the impact of the UK’s withdrawal from the EU will, of course, remain unclear until we know the outcome of the negotiations concerning the new arrangements that will govern the EU’s relationship with the UK. However, the Government is working hard in the meantime to ensure that Ireland is prepared to meet challenges associated with Brexit. In this context, an additional €500,000 was provided in support of the IDA’s global communications activities to allow the Agency to highlight Ireland’s attributes as a key European FDI location post-Brexit. Additional funding was also secured in Budget 2017 to allow for more than 50 new posts for the Department and its agencies to support our response to Brexit.

Trade Agreements

Ceisteanna (470)

Thomas P. Broughan

Ceist:

470. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the status of a free trade agreement between the EU and Japan; and if she will make a statement on the matter. [32903/16]

Amharc ar fhreagra

Freagraí scríofa

The last formal round of negotiations in the EU-Japan FTA, which was the 17th round since negotiations began in 2013, took place from the 26th to 30th September, 2016.

I am pleased to report that the negotiations between the EU and Japan have accelerated and significant progress has been made. Both sides are still hopeful of a successful conclusion in early 2017.

The EU – Japan FTA is vitally important to both parties in order to promote an enhanced economic partnership that will allow for an increase in trade and investment that will bring with it an increase in growth and jobs.

The last round of negotiations were divided, as during the previous rounds, between the various working groups which covered areas including, trade in goods (Market Access, General Rules and Trade Remedies); non-tariff measures and technical barriers to trade (TBT); rules of origin; customs and trade facilitation; sanitary and phytosanitary measures (SPS); trade in services; investment; procurement; intellectual property; sustainable development and dispute settlement.

There has been good progress made in many chapters with quite a number almost finalised. With regard to the rules for trade in goods, negotiators cleared up a number of remaining issues, and advanced on the text with a view to conclusion by the end of the year. On TBT, there was good progress on all aspects of the chapter and the majority of the text is now agreed. On the customs and trade facilitation chapter, both sides advanced in consolidating views on the scope to provide extended trade facilitation on import and export and made progress towards settling the few remaining issues. With regard to SPS measures, this round was slow but steady with some progress achieved in the articles examined.

On the services elements, several chapters are close to finalisation. On investment, there was significant progress in the area of investment and corporate governance. With regard to corporate governance, Japan has accepted the binding objectives and commitments proposed by the EU. On the issue of procurement, considerable progress was achieved in the drafting of the chapter. Negotiators on both sides had a first detailed discussion on the entire text of a proposal by the EU for a dedicated SME chapter.

Ireland is fully supportive of the EU’s trade negotiations with Japan and continues to support discussions on an ambitious FTA. An agreement with Japan will open opportunities for Irish exporters and companies across a wide range of sectors as production volumes and investment opportunities increase. In 2014, Ireland’s exports of goods to Japan were valued at €1.8bn, while our service exports were valued at €2.7bn. This equated to an increase of 5% and 8% respectfully from 2013.

The issue of growing market share in other markets is made even more important as a result of the recent UK referendum on its membership of the EU.

Departmental Legal Costs

Ceisteanna (471)

Thomas P. Broughan

Ceist:

471. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the amount that her Department spent on external legal advice in each of the years 2013, 2014 and 2015; the names of each of the legal firms that provided advice to her Department in each of those years; and if she will make a statement on the matter. [32909/16]

Amharc ar fhreagra

Freagraí scríofa

The following tables set out the amount spent on external legal advice in the years 2013, 2014 and 2015. My Department seeks, where possible, to minimise legal costs. The Department avails of the services of the Chief State Solicitors office and the Attorney General’s office for the provision of legal advice where possible. The services of legal cost accountants are availed of where fees demanded appear to be high.

2013

Legal Advice Provider

Description of Service

Cost

John Hennessy S.C.

Advice in relation to investigations under Section 19 of the Companies Act 1990

16,514.00

Nessa Cahill

Counsels’ Opinions (ODCE)

6,088.50

Paul Anthony McDermott

Counsels’ Opinions (ODCE)

615.00

Philip Rahn

Counsels’ Opinions (ODCE) (2 services)

1,414.50

Una Ni Raifeartaigh

Counsels’ Opinions (ODCE)

615.00

Counsel’s Fees, SCA Solicitors fees, and Plaintiff’s legal costs. (CRO)

27,914.00

Kilroys Solicitors

Provision of legal advice on Export Credit Insurance issues

4,305.00

Gary Fitzgerald, BL

Legal services for Statutory Instruments

4,875.00

Jennifer Goode BL

Legal Scrutiny & Settlement of draft Ministerial Regulations in relation to transposition of Directive 2012/45/EU regarding the Carriage of Dangerous Goods by Road. (S.I No. 238 of 2013)

1,845.00

Claire Bruton BL.

Legal Scrutiny & Settlement of draft Safety, Health & Welfare at Work (Construction) Regulations 2013 (S.I No. 291 of 2013)

3,813.00

A&L Goodbody

Legal advice, assistance in drafting Workplace Relations Bill

59,746.00

Clare Bruton BL

Fees paid to barrister for equal status advice

€1,030.00

Claire Bruton BL

Legal Scrutiny & Settlement of draft Safety, Health & Welfare at Work (Construction) Regulations 2013 (S.I No. 291 of 2013)

3,813.00

2014

Legal Firm

Description of Service

Cost

Philip Rahn

Counsels’ Opinions (ODCE) (2 services)

5,431.68

Una Ní Raifeartaigh

Counsels’ Opinions (ODCE) (2 services)

3,920.62

Matheson, Ormsby, Prentice

Legal Advice in respect of draft Grocery Goods Regulations

20,690.94

Conor Feeney BL and Noel Travers BL

Legal advice re draft Employment Permit Regulations.

3,321

Jennifer Goode BL

Legal Scrutiny & Settlement of the draft Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2014 (S.I. No. 574 of 2014)

307.50

Alan Haugh, BL

Legal advice, assistance in drafting Workplace Relations Bill

€27,336.75

Rosemary Healy Rae, BL

Fees paid to barrister for legal advice on unpaid work

€738.00

2015

Legal Firm

Description of Service

Cost

Ailill O’Reilly

Counsels’ Opinions (ODCE)

5,842.50

David Dodd

Counsels’ Opinions (ODCE)

3,690.00

Philip Rahn

Counsels’ Opinions (ODCE)

2,263.20

Sean Gillane

Counsels’ Opinions (ODCE) (2 services)

7,687.50

Kilroys Solicitors

Legal advice on Export Credit Insurance issues

4,802.00

Conor Feeney BL

Legal advice re online employment permit application forms.

308.00

Jennifer Goode BL

Legal Scrutiny & Settlement of draft Ministerial Regulations on transposition of Directive 2014/103/EU (Carriage of Dangerous Goods by Road & Use of Transportable Pressure Equipment) (S.I. 288 of 2015)

1,845.00

Jennifer Goode BL

Legal Scrutiny and Settlement of draft Amendment Machinery Regulations to give part effect to the provisions of EU Regulation 167/2013 (S.I. 621 of 2015).

307.50

Alan Haugh BL

Fees paid to barrister for legal advice, assistance in drafting Workplace Relations Bill

€17,066.26

Alan Haugh BL

Fees paid to barrister for regulatory advice

€824.00

Anthony Kerr BL

Fees paid to barrister for legal advice on domestic workers

€615.00

Conor Power BL

Fees paid to barrister for E-commerce advice

€1,030.00

Rosemary Healy Rae, BL

Fees paid to barrister for legal advice on taxation

€1,030.00

Paul Anthony McDermott

Fees paid to barrister for legal advice data protection

€1,030.00

€824.00

European Investment Bank Loans

Ceisteanna (472)

Seán Sherlock

Ceist:

472. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation if Ireland has been a beneficiary of the InnovFin fund; and the extent to which it has benefitted in financial terms. [32970/16]

Amharc ar fhreagra

Freagraí scríofa

"InnovFin – EU Finance for Innovators" is a joint initiative of the European Investment Bank Group and the European Commission under Horizon 2020. InnovFin consists of a series of integrated and complementary financing tools and advisory services offered by the EIB Group, covering the entire value chain of research and innovation in order to support investments from the smallest to the largest enterprise. The funding accessed by Ireland to date is listed in the following table:

Applicant

Provider, funding (€)

Description

Bank of Ireland

EIF, 50M

SME Guarantee: €100M, 2 years, provides guarantees and counter-guarantees on debt financing of between €300,000 and €7.5 million, in order to improve access to debt finance for innovative SMEs and small midcaps (up to 499 employees)

Enet (Granahan McCourt Capital)

EIB, 12M

Expansion of next generation fibre optic telecom infrastructure across Ireland by open-access network operator: includes the delivery of ‘Fibre to the Business’ (FTTB) networks in a number of Irish towns and cities, including Claremorris, Loughrea, Ardee and Kilkenny

Fineos

EIB, 15M

MidCap Growth Finance

TOTAL:

77M

IDA Ireland Site Visits

Ceisteanna (473)

Stephen Donnelly

Ceist:

473. Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation the number of IDA site visits per county in 2016 in tabular form; and if she will make a statement on the matter. [32974/16]

Amharc ar fhreagra

Freagraí scríofa

IDA Ireland collates data on site visits on a quarterly basis. The latest data available is to the end of the third quarter of 2016, during which there were 489 site visits countrywide. The breakdown by county of those visits is provided in the enclosed table.

In 2015, 57% of site visits were to locations outside of the capital, up from 43% in 2014. Figures for 2016 shows that this trend is continuing, with 58% of visits conducted so far this year being outside of Dublin.

It should be remembered that the decision by a company as to where to locate can be influenced by a number of factors. These include access to qualified talent, proximity to transport hubs, the ready supply of suitable property and the availability of business support services.

While IDA Ireland actively encourages its clients to locate or expand in regional locations, ultimately the final decision always rests with the company concerned.

IDA Ireland Jobs Statistics 2015; Site Visits 2015 and to end Quarter 3 2016 by County

County

Total Jobs

New Jobs

2015

Site Visits 2015

To Date

(end Q3 2016)

Carlow

768

19

1

8

Cavan

1,165

29

0

1

Clare

6,599

646

12

13

Cork

31,900

4,062

48

43

Donegal

2,918

330

5

6

Dublin

77,244

8,864

242

204

Galway

14,297

1,267

41

33

Kerry

1,931

89

6

3

Kildare

10,313

679

7

7

Kilkenny

650

9

10

10

Laois

97

10

4

6

Leitrim

423

16

8

6

Limerick

8,849

1,018

40

39

Longford

686

46

2

5

Louth

3,245

317

20

17

Mayo

3,981

159

3

4

Meath

1,571

89

7

7

Monaghan

146

52

2

2

Offaly

902

58

8

4

Roscommon

936

99

2

1

Sligo

2,029

132

15

13

Tipperary

3,518

95

12

8

Waterford

5,662

536

31

15

Westmeath

2,529

212

28

24

Wexford

2,486

101

4

6

Wicklow

2,211

49

7

4

Total

187,056

18,983

565

489

EU Directives

Ceisteanna (474)

Niall Collins

Ceist:

474. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the status of the transposition of EU directive 2014/56/EU; and if she will make a statement on the matter. [33048/16]

Amharc ar fhreagra

Freagraí scríofa

The EU Audit Directive 2014/56/EU was transposed by means of a statutory instrument in June, 2016. 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.

There are some options in both the Directive and the Regulation which I consider would be beneficial but were not appropriate for a Statutory Instrument. I intend to take these in the context of bringing a General Scheme of a Bill to Government before the end of the year.

Legislative Process

Ceisteanna (475)

Niall Collins

Ceist:

475. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the estimated timeframe for the implementation of the Companies (Accounting) Bill 2016; and if she will make a statement on the matter. [33049/16]

Amharc ar fhreagra

Freagraí scríofa

The Companies (Accounting) Bill 2016 was published on 5 August 2016 and is scheduled for Second Stage in Dáil Éireann on 2 November. As matters stand, the Select Committee on Jobs, Enterprise and Innovation is scheduled to take the Bill through Committee Stage on 22 November. The timeframe for passage and enactment thereafter will depend on the availability of parliamentary time.

Comprehensive Economic and Trade Agreement

Ceisteanna (476)

Bríd Smith

Ceist:

476. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation her views on the upcoming Comprehensive Economic and Trade Agreement and its implications for Ireland; and if she will make a statement on the matter. [31818/16]

Amharc ar fhreagra

Freagraí scríofa

The EU-Canada Comprehensive Economic Trade Agreement (CETA) represents a modern high standard Agreement which has the ability to set a new global standard for Trade Agreements. It will increase access to public contracts, open up markets for services and offer predictable conditions for investors. 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 previously. Canada’s provincial procurement market is estimated to be double the size of its federal equivalent.

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.

Over the years, Ireland has developed an important pig meat export trade to Canada, there is now potential to develop the export businesses for Irish beef and lamb also. The removal of the Canadian 26.5% import tariff is significant.

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.

Ireland stands to gain substantially from this agreement and I am looking forward to Irish firms enjoying the benefits and new opportunities as soon as possible.

Proposed Legislation

Ceisteanna (477)

Thomas P. Broughan

Ceist:

477. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the measures including new legislation she is taking to address ticket touting; and if she will make a statement on the matter. [27222/16]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the public concern about the secondary sale of tickets for entertainment and sporting events. The issues around ticket resale are not straightforward and it is important that any possible legislative or other response is based on a thorough examination of the secondary ticket market and its relationship to the primary ticket market. I am currently considering in conjunction with the Minister of State for Tourism and Sport how best such an examination can be undertaken with a view to identifying measures aimed at securing fairer access to tickets for consumers.

Special Educational Needs Service Provision

Ceisteanna (478)

Joan Collins

Ceist:

478. Deputy Joan Collins asked the Minister for Children and Youth Affairs if she will review the case of a person (details supplied) who requires a special needs assistant, SNA; and the process for accessing an SNA for preschool children. [32553/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy has asked specifically about the provision of a Special Needs Assistant. The Department of Children and Youth Affairs does not fund these services which are provided by the Department of Education and Skills.

However, the Access and Inclusion Model (AIM), which is a new programme of supports to enable children with a disability to access and fully participate in the Early Childhood Care and Education (ECCE) programme, was introduced in June 2016 and is administered by Pobal on behalf of my Department. The degree of support provided depends on the needs of the child in the context of the pre-school service. Further information is available at http://aim.gov.ie/. At present the scheme covers the ECCE programme only. As the Early Start Programme falls under the remit of the Minister for Education and Skills, I have brought the matter to the attention of that Department and asked if officials could respond directly.

The Early Start centres funded by DES are staffed by primary school teachers and a child care assistant also works with each group. This teacher-led staffing arrangement and comparatively favourable staff to child ratio is intended to support a range of special educational needs associated with concentrated disadvantage. However, no SNA allocation is provided until the child is enrolled in junior infants.  The Special Education Support Service (SESS), also provides access to supports and teacher training that will help teachers in Early Start centres to support students with special educational needs.

Child Care Law Reporting Project

Ceisteanna (479)

Jim O'Callaghan

Ceist:

479. Deputy Jim O'Callaghan asked the Minister for Children and Youth Affairs if she will consider providing funding for the Childcare Law Reporting Project when it concludes in 2017. [32635/16]

Amharc ar fhreagra

Freagraí scríofa

The Child Care Law Reporting Project (CCLRP) is an independent project authorised under Section 29 of the Child Care Act 1991 (as amended by the Child Care (Amendment) Act 2007), and in accordance with Regulations made under that Section, to report on child care proceedings. This five-year project is supported in its work by my Department, the One Foundation and Atlantic Philanthropies.

The original aims and objectives of the project were to:

- Provide information to the public on child care proceedings in the courts;

- Conduct research on these proceedings in order to promote debate and inform policy-makers;

- Make recommendations to address any short-comings in the child care system identified by the research;

- Assist in the implementation of these recommendations; and

- Promote confidence in the child care system.

The project published 12 volumes of case reports between 2013 and 2015. These have highlighted variations in child care applications and outcomes, including by region, ethnicity and by family status. It has also published two interim reports followed by a final report in November 2015.

The CCLRP has now moved to a new phase of work, focusing on more complex and protracted cases. Overseen by NUIG, in conjunction with my Department, Tusla and Atlantic Philanthropies, this new strand aims to establish:

- Factors associated with cases that are prolonged and expensive in terms of resources, including: expert reports and witnesses; engagement with the family prior to the making of the application; the preparation of the cases; the extent to which the conditions for the reunification of the family form part of the application;

- The circumstances in which GALs are appointed by the court and the circumstances in which they are granted legal representation;

- What assessments are required during applications, what the time-scale is for such assessments, who carries them out, the extent to which they are disputed and by whom, and the impact of the on-going assessments on the conduct of proceeding;

- Variations in the evidential requirements for the making of the order requested;

- The impact of various legal and procedural provisions on the conduct of the proceedings, and the need, if any, for their revision.

In keeping with current reporting procedures, all cases reported upon will be anonymised. It is anticipated that a first draft of the research findings will be available next year. Department of Children and Youth Affairs funding for the project will continue into 2017 when the project, as agreed, will conclude.

Early Childhood Care and Education

Ceisteanna (480)

Catherine Martin

Ceist:

480. Deputy Catherine Martin asked the Minister for Children and Youth Affairs the reason it is not possible to split the early childhood care and education, ECCE, grant between two service providers for all parents (details supplied); and if she will make a statement on the matter. [32690/16]

Amharc ar fhreagra

Freagraí scríofa

Under the rules of the Early Childhood Care and Education (ECCE) programme, a child's place cannot be split between different services. Exemptions are only granted in the following exceptional circumstances:

(i) where the parents of a child with a disability choose to send their child to a pre-school in a disability service for part of the week and to a mainstream pre-school for the remainder of the week in order to benefit the child's development or;

(ii) where the parents of a child are separated and have a joint custody agreement, which makes it impossible for the child to attend the same pre-school due to the location of the parents.

The main purpose of the provision of the ECCE place is to support the learning and development of the child. In that respect, early years education supports a child’s development of identity and belonging, as set out in Aistear. This entails the child having secure and consistent key relationships with adults and their peers. Moving a child between two ECCE services would not be considered best practice or in the interests of the child in that context.

Moving a child between services like this will result in additional educational and routine transitions to be negotiated by the child which may impact negatively and cause stress. In addition, if the settings provide divergent curriculum approaches it could be confusing and difficult for the child to adapt and from the setting’s perspective, it may impact negatively on the practitioner’s ability to coherently plan for and assess the child’s learning and development.

Departmental Legal Costs

Ceisteanna (481)

Thomas P. Broughan

Ceist:

481. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the amount her Department spent on external legal advice in each of the years 2013, 2014 and 2015; the names of each of the legal firms that provided advice to her Department in each of those years; and if she will make a statement on the matter. [32916/16]

Amharc ar fhreagra

Freagraí scríofa

No expenditure was incurred directly by my Department in the years 2013 to 2015 for the provision of services in respect of external legal advice.

Early Childhood Care and Education Funding

Ceisteanna (482)

Peter Burke

Ceist:

482. Deputy Peter Burke asked the Minister for Children and Youth Affairs her views on the case of a person (details supplied) regarding the early childhood care and education scheme; and if she will make a statement on the matter. [32933/16]

Amharc ar fhreagra

Freagraí scríofa

Any child who was granted a pro rata arrangement to split their ECCE place over two preschool years for 2015/2016 and 2016/2017, will now be entitled to receive five days per week on the ECCE programme for the year 2016/17, as a result of the expansion of the ECCE programme in September 2016. In the case of the individual specified by the Deputy, this person will be entitled to five days per week on the ECCE programme for 2016/2017 and officials from my Department have been in contact with Better Start to update them on this matter.

Defence Forces Investigations

Ceisteanna (483)

Clare Daly

Ceist:

483. Deputy Clare Daly asked the Taoiseach and Minister for Defence the source of information provided on pages 109 and 111 of the independent review lead by a person (details supplied) pertaining to the deaths of three Irish soldiers in the Lebanon in 1989. [32547/16]

Amharc ar fhreagra

Freagraí scríofa

On 19 April 2011, Mr. Frank Callanan, SC, was commissioned to carry out an independent review into matters relevant to the deaths of Corporal Fintan Heneghan, Private Mannix Armstrong and Private Thomas Walsh on 21 March 1989 while serving with the 64th Infantry Battalion, United Nations Interim Force in Lebanon (UNIFIL). Mr. Callanan’s warrant of appointment, signed by the then Minister for Defence, directed that the reviewer be facilitated in any requests he may have had in the course of his review for access to facilities, personnel and documentation. The Terms of Reference for the review also specified that the reviewer be provided with access to all available documentation relevant to the events or to the service in UNIFIL of the 64th Infantry Battalion and any other documentation requested by the reviewer.

The report had a very wide remit in terms of consultation with serving/retired personnel and institutions such as Military Archives and does not provide source references. In conducting his review, Mr. Callanan obtained information and documentation from a number of sources, including Military Archives, unit history and unit journals pertaining to the 64th Infantry Battalion and material provided directly by a number of witnesses including current and former members of the Defence Forces. A list of these witnesses is provided in Appendix 2 of Mr. Callanan’s review, which was published on 19 September 2011. Mr. Callanan has advised my Department that he did not retain any records that could shed light on the Deputy’s questions beyond what is contained in the Independent Review itself.

Finally, I would like to take this opportunity to express my sincere sympathies to the families of Corporal Heneghan and Privates Armstrong and Walsh.

Naval Service

Ceisteanna (484)

Seán Sherlock

Ceist:

484. Deputy Sean Sherlock asked the Taoiseach and Minister for Defence the reason ex-members of the Naval Service who served on Operation Pontus on board LE Niamh from July to October 2015 are being excluded from medal ceremonies on 5 November 2016 to mark the service of Operation Pontus. [32651/16]

Amharc ar fhreagra

Freagraí scríofa

I have been advised by the military authorities that Ex Service members of the Naval Service are not being excluded from the Defence Forces International Operational Service Medal (IOSM) ceremony taking place in Cobh on 5 November 2016.

I wish to advise the Deputy that provisions are being made to invite recently retired Naval Service personnel, who qualify for the award of IOSM to two separate IOSM ceremonies at which they will be presented with their medals. In addition to the ceremony being held in Cobh on 5 November 2016, a ceremony will also be held in Dun Laoghaire on 26 November 2016. With regards the ceremony being held in Cobh this weekend, I understand that a total of 16 retired Naval Service personnel, who qualify for the award of the IOSM, are being invited.

Departmental Legal Costs

Ceisteanna (485)

Thomas P. Broughan

Ceist:

485. Deputy Thomas P. Broughan asked the Taoiseach and Minister for Defence the amount his Department spent on external legal advice in each of the years 2013, 2014 and 2015; the names of each of the legal firms that provided advice to his Department in each of those years; and if he will make a statement on the matter. [32917/16]

Amharc ar fhreagra

Freagraí scríofa

During the period 2013-2015 the main requirement for legal services in my Department was in the context of litigation, usually in the form of administrative law and personal injury proceedings. The Chief State Solicitor’s Office and the State Claims Agency managed and provided legal representation in relation to all cases taken against the Minister for Defence.

Outside of the cases managed by the Chief State Solicitor’s Office and the State Claims Agency, professional legal and advisory services were also supplied to my Department by a legal representative based in Lebanon in the years 2014 and 2015. Payments made in respect of these services were as follows:

PAYMENTS MADE

2014

€10,000

2015

€15,100.49

Barr
Roinn