Tuesday, 7 Feb 2017

Written Answers Nos. 666-691

Sport and Recreational Development

Ceisteanna (666)

Kevin O'Keeffe

Ceist:

666. Deputy Kevin O'Keeffe asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the recent results of research suggesting that males in secondary schools are 42% fitter than females; if his attention has been further drawn to the fact that it is suggested that females here are less likely than males to meet the minimum current physical activity recommendations for optimal health; and the initiatives and programmes his Department is developing to address this trend; and if he will make a statement on the matter. [5750/17]

Freagraí scríofa

Minister of State at the Department of Transport, Tourism and Sport

Sport Ireland, which is funded by my Department, is the statutory body with responsibility for the promotion, development and co-ordination of sport. This includes responsibility for the development of strategies for increasing participation in sport.

I have referred the Deputy's question to Sport Ireland for direct reply. I would ask the Deputy to inform my office if a reply is not received within 10 days.

The topic of increasing the levels of female participation in sport will be a key priority that my Department will be dealing with in the context of drafting the new National Sports Policy Framework, due to be published this year.

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

Sports Facilities Provision

Ceisteanna (667)

Kevin O'Keeffe

Ceist:

667. Deputy Kevin O'Keeffe asked the Minister for Transport, Tourism and Sport to outline the timeline for completion of phase two of the national indoor arena.​ [5751/17]

Freagraí scríofa

Minister for Transport, Tourism and Sport

My officials have been engaging with Sport Ireland on various elements of the proposed second phase of the National Indoor Arena, including the Cost Benefit Analysis for the project.  Any proposal to proceed with the second phase will be subject in the normal way to the availability of capital funding.  The question of funding for the second phase of the National Indoor Arena will be considered in the context of the Mid Term Review of the Capital Plan.

Rural Transport Services Provision

Ceisteanna (668)

Micheál Martin

Ceist:

668. Deputy Micheál Martin asked the Minister for Transport, Tourism and Sport if he will report on the commitment in the programme for Government on rural transport. [4119/17]

Freagraí scríofa

Minister for Transport, Tourism and Sport

The National Transport Authority (NTA) has responsibility for integrated local and rural transport, including management of the Rural Transport Programme funded by my Department.

The NTA is preparing a report for my Department, in line with the commitment in the Programme for Government, examining the way in which existing routes can be made more sustainable and accessible to the public and the potential for new routes. I anticipate that the Report will be submitted to the Oireachtas Transport Committee shortly.

IDA Ireland Jobs Data

Ceisteanna (669, 675, 679)

John Lahart

Ceist:

669. Deputy John Lahart asked the Minister for Jobs, Enterprise and Innovation if IDA Ireland has identified the number of multinational companies that are based here solely to service the British market; and the number of associated jobs that are at risk of moving. [5334/17]

Niall Collins

Ceist:

675. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if IDA Ireland has identified the number of multinational companies that are based here solely to service the British market; the number of associated jobs that are at risk of moving; and if she will make a statement on the matter. [5493/17]

Maurice Quinlivan

Ceist:

679. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation if IDA Ireland has identified the number of multinational companies based here solely to service the British market and the numbers of associated jobs at risk of moving in view of Brexit; and if she will make a statement on the matter. [5511/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O'Connor)

I propose to take Questions Nos. 669, 675 and 679 together.

I understand from the IDA that there are a small number of foreign direct investment (FDI) companies located in Ireland whose commercial focus lies mainly on the British market. Depending on the nature of the still-to-be-negotiated arrangements that will govern the UK's future relationship with the European Union, some of these particular businesses may decide to reconfigure their existing footprint within Europe.

The likelihood is, however, that Brexit will present increased opportunities when it comes to FDI here. The IDA is already working hard with both existing and potential new clients to harness those opportunities by securing new projects for Ireland.

While competition for any such new Brexit-related investment will be intense, Ireland is positioned to benefit on account of our long track record as a home to global businesses. Other strengths that are likely to appeal to new or expanding investors include our talented workforce, first-rate education system and pro-enterprise policy environment.

It is clear that the full impact of Brexit on companies already present here will take time to emerge. However, the IDA will continue, in the meantime, to engage with all of their clients about Brexit and the effect it may have on their future operations.

Financial Services Sector

Ceisteanna (670, 677)

John Lahart

Ceist:

670. Deputy John Lahart asked the Minister for Jobs, Enterprise and Innovation to set down the number of financial services jobs that can be gained by Ireland as a result of companies moving from London; and if the State has done everything possible to maximise the potential flow of workers. [5335/17]

Niall Collins

Ceist:

677. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to set down the number of financial services jobs that can be gained by Ireland as a result of companies moving from London, post Brexit; if the Government has done everything possible to maximise the potential flow of such jobs to Ireland; and if she will make a statement on the matter. [5495/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 670 and 677 together.

The Government fully recognises that financial services is an area where Ireland could see increased Foreign Direct Investment (FDI) on account of Brexit. That is why there has already been extensive engagement at home and abroad – across both Ministerial and Agency levels – with the industry about new investment in Ireland. The European Financial Forum, which was held in Dublin on 24 January, was also a helpful and timely opportunity to remind international financial services providers about the benefits of doing business in Ireland.

Our focus now is converting the interest shown to date by new investors into new projects here. Both the IDA and the Government will continue to work hard with that goal in mind. The IDA has also recently launched a new global communications campaign which will help target decision-makers in key locations.

While I am confident about the potential to create new financial services related jobs in Ireland, we do need to be realistic about what is achievable. Competition for all new such investment remains intense and we should not expect tens of thousands of jobs to be created here by default.

Enterprise Support Services Provision

Ceisteanna (671)

John Lahart

Ceist:

671. Deputy John Lahart asked the Minister for Jobs, Enterprise and Innovation to outline her plans to provide additional resources in the coming years for agencies, including IDA Ireland and Enterprise Ireland, and for vulnerable sectors of the economy, such as food and farming. [5346/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The future annual allocations for the enterprise agencies, including Enterprise Ireland, IDA Ireland and the Local Enterprise Offices (LEOs), will be managed through each annual Estimates Budgetary process in the years ahead taking account of the mid-term Capital Plan review in 2017 and spending review 2017.

It is the case that the Programme for a Partnership Government commits to providing an additional €500 million in funding to Enterprise Ireland, LEOs and Údarás na Gaeltachta (an additional €300 million), and to IDA Ireland (an additional €200 million), to support the Government’s Regional jobs plan whereby the objective is to deliver an additional 200,000 jobs by 2020, of which 135,000 additional jobs will be in the regions.

As part of 2017 Budget negotiations, I successfully secured a €100 million increase in the Department’s expenditure ceilings by year end 2016 and for 2017. This represents a 9.6% increase over the Department’s allocation secured in the 2016 Revised Estimates Volume.

The additional funding is in recognition of the need to accelerate regional jobs development and to maintain our supports for research, development and innovation. It will also help the Enterprise Agencies to proactively respond to the evolving challenges and opportunities on foot of “Brexit” and to the changing foreign direct investment landscape due to wider international developments.

The additional money secured since December 2016 and for 2017 comes in the form of an extra €97 million in Capital investment and an extra €3 million in Current Pay expenditure. This additional Pay allocation is specifically for “Brexit” related posts across the Department, Enterprise Ireland, IDA Ireland, Science Foundation Ireland and the Health and Safety Authority. This will allow for the recruitment of over 40 extra staff to deal with a range of  issues of relevance to my Department’s remit, spanning many policy and sectoral issues.

Capital funding of €555 million is being made available to my Department in 2017. This is a €52 million increase on the 2016 Revised Estimate Volume allocation of €503 million. This is a 10% increase and is the largest capital allocation ever secured by my Department.

Specifically this year the IDA capital allocation is increasing from its 2016 base of €112 million to €137 million. This is an increase of 22%. This will enable the IDA to continue to compete in the intensively competitive global market for mobile investment to win new investments to Ireland. This significantly increased funding will also be used by the IDA to maintain and further grow employment across their existing clients in Ireland who now employ 199,877 people in Ireland, the highest level ever in the IDA’s history.

Enterprise Ireland is being provided with a total capital allocation of €185 million in 2017 through my Department’s Vote. This is an increase of €11.6 million, up 6.6% on its 2016 allocation of €173.4 million. This will enable Enterprise Ireland continue its enterprise and innovation supports across its client cohort who now directly employ over 201,000 people in Ireland. This is the highest level of employment in Enterprise Ireland supported client companies ever.

In 2017 the Local Enterprise Offices (LEOs) capital grants allocation in my Department’s Vote is increasing by €4 million to €22.5 million. This is a 21% increase and also represents the highest capital provision ever made to the LEOs or to their predecessor City and County Enterprise Boards.

Responsibility for the farming and food sectors falls to my colleague the Minister for Agriculture, Food and the Marine though some of the enterprise agency funding through my Department’s Vote does directly support aspects of the food and marine sectors. For example, Enterprise Ireland provides a range of targeted supports across various sectors, such as their Lean Programme, to assist clients to improve their operations, business performance and competitiveness capability.

Foreign Direct Investment

Ceisteanna (672)

John Lahart

Ceist:

672. Deputy John Lahart asked the Minister for Jobs, Enterprise and Innovation to outline the measures she has taken in co-ordinating the four Dublin local authorities to prepare Dublin for a post-Brexit situation and to promote Dublin as a destination for foreign direct investment. [5354/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

My responsibility, as Minister for Jobs, Enterprise and Innovation, is ensuring that Ireland as a whole is best placed to capitalise on whatever foreign direct investment (FDI) opportunities may emerge on account of Brexit. That is why I secured significant additional funding for IDA Ireland to help the Agency better respond to the challenges and opportunities Brexit may present for each and every county of Ireland. I also regularly engage with the IDA about its Brexit-related requirements and other issues in connection with securing new investment for Ireland.

I am confident that Dublin is particularly well-placed to benefit from any increased FDI that could result from Brexit. The capital's proximity to the UK, together with its transport links, clusters of overseas companies and global reputation as a leading FDI city, make it an appealing destination for investors.

IDA Ireland Expenditure

Ceisteanna (673)

Niall Collins

Ceist:

673. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to set out in tabular form the total annual amount of expenditure by IDA Ireland for the Succeed in Ireland Initiative since its establishment; the total number of participants on an annual basis; the original annual participation targets set against actual participation numbers; and if she will make a statement on the matter. [5410/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The Succeed-in-Ireland (SII) initiative has been operated by Connect Ireland (CI) on the basis of a contract that was agreed with IDA Ireland on 27 March 2012.

I understand from the IDA that since SII commenced in March 2012, 82 business plans have been approved and a total of 527 jobs have been created.

A total of €2,069,000 has been paid to CI by the IDA as a financial award in respect of jobs created through SII. A further €150,000 has been paid to CI for marketing support.

The following table outlines the information requested by the Deputy in tabular form:

-	2012	2013	2014	2015	2016	2017	Total to Date
Business Plans Approved by IDA	3	10	25	22	21	1	82
Jobs Verified by IDA	0	0	116	184	191	36	527
Target	-	-	-	-	-	-	5000
Rewards paid to ConnectIreland for   Verified Jobs	0	0	€447,500	€719,500	€758,000	€144,000	€2,069,000
Paid to ConnectIreland for Marketing Support	-	-	€75,000	€75,000	-	-	€150,000

State Aid

Ceisteanna (674)

Niall Collins

Ceist:

674. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the current WTO subsidy rules for undertakings, including the current level of State aid thresholds allowed for each undertaking; and if she will make a statement on the matter. [5431/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Until the UK leaves the EU, all types of subsidies, both within the UK and across the other 27 EU Member States are subject to the discipline imposed by EU State Aid law.

Provisions on state aid (subsidies) and competition are a common feature of EU Free Trade Agreements to ensure any aid granted by authorities to private entities does not distort competition. I understand that the UK will be seeking some form of Free Trade Agreement with the European Union and to secure the closest possible future relationship for Britain with the EU, a goal that Ireland shares. The terms of any future free trade agreement, including state aid rules, would be a matter for the EU 27 and the UK to agree as part of any negotiation.

Notwithstanding what the EU and UK agree to bilaterally, both remain bound by their obligations under the WTO, which has its own set of subsidy rules contained in the Agreement on Subsidies and Countervailing Measures.

Unlike the EU State Aid rules, the WTO has no advance preclearance or approval process in respect of subsidies and other forms of state support.

In making a complaint within the WTO System regarding subsidies, a complaint can be raised either on behalf of an individual government, or by  the EU. Under this system, a country can use the WTO’s mechanisms to seek the withdrawal of the subsidy or the removal of its adverse effects.

Question No. 675 answered with Question No. 669.

Workplace Relations Commission

Ceisteanna (676)

Niall Collins

Ceist:

676. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to outline the Government policy on whether, under the Workplace Relations Act, 2015, holding employment rights hearings in private complies with current constitutional provisions, which require that justice must be administrated in public; and if she will make a statement on the matter. [5494/17]

Freagraí scríofa

Minister of State at the Department of Jobs, Enterprise and Innovation

Prior to the creation of the Workplace Relations Commission (WRC), first instance and employment/equality matters aired before the Rights Commissioner or the Equality Tribunal were heard in private; only the Employment Appeals Tribunal hearings were heard in public.

The issue of whether the first instance hearing should be held in public or private was considered extensively during the two public consultations which the Minister held during 2012 at the beginning of the process to reform the State’s employment rights and industrial relations structures. It was clear from the replies submitted that the vast majority of employees and employers did not want the details of their relationship, or the personal details which may arise in the course of a hearing, aired in public.

Following that consultation, the approach proposed by the Minister and approved by the Oireachtas in the Workplace Relations Act 2015 was that complaints under employment rights and equality legislation are heard in private at first instance by WRC Adjudicators. Appeals in such cases are heard in public by the Labour Court (subject to the Labour Court being able to hear certain cases in private, such as those dealing with sexual harassment or traveller discrimination).

This approach is fully consistent with the interpretation of Article 6 of the European Convention on Human Rights by the European Court of Human Rights which has held that many components of the right to a fair hearing (such as the right to a speedy and expeditious determination of the matter) must be balanced against the right to a public hearing and may, in certain circumstances, justify hearing the matter in private. This is particularly the case, according to the Court, where there is a full rehearing of the matter available to the parties on appeal from the initial private hearing or where judicial review of the adjudicative tribunal is available.

Question No. 677 answered with Question No. 670.

Research and Development Funding

Ceisteanna (678)

Niall Collins

Ceist:

678. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to outline the contingency plans in place to safeguard and increase the current level of funding for third level research in science and technology in addition to small and medium-sized enterprises engaged in research activities, post Brexit; and if she will make a statement on the matter. [5499/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Innovation 2020, Ireland's cross-governmental strategy for Research and Development, Science and Technology, commits all Government Departments to increase overall levels of investment in the area of research, year on year, to 2020. Supporting research is a key pillar of Ireland’s enterprise policy given its role in driving productivity, competitiveness and thereby the creation and maintenance of jobs.

In 2017 the development of a new cycle of the Programme for Research in Third Level Institutions (PRTLI) will be a critical mechanism to further deliver on third level research funding and our commitments under Innovation 2020. My Department has commenced the planning and design of the new cycle of PRTLI in conjunction with the Department of Education and Skills. The programme will fund human capital, buildings and equipment, as well as new programmes to be introduced including the funding of challenge–based research and frontier research.

With regard to funding for SMEs engaging in research activities, one of the key implications of the Brexit vote is that Irish firms will need to consider new international markets. Research Development and Innovation (RDI) capabilities and activity will create the greatest competitive advantage for Irish firms and Enterprise Ireland is ready to work with companies commencing RDI activities for the first time or increasing their existing levels of innovation or ready to collaborate with others to achieve step changes in capabilities that could never be achieved alone.

On January 9th of this year, Enterprise Ireland published its 2017-2020 Strategy – Build Scale, Expand Reach. The strategy builds on the success of recent years and sets new, ambitious targets for export growth and jobs. In terms of research, development and innovation, key priorities for Enterprise Ireland over this period will include:

- Driving innovation in Irish enterprise to unprecedented levels through new supports to reach the target of €1.25bn in R&D expenditure per annum by 2020.

- Increasing connections between its client companies and the international innovation ecosystem.

- Increasing access to Irish public sector procurement opportunities through the Small Business Research Innovation Fund as a means of validating innovative products/services with international application potential.

- Implementing a new Innovation Toolkit to support identification of innovation opportunities by its client companies.

Question No. 679 answered with Question No. 669.

Departmental Staff Data

Ceisteanna (680)

Charlie McConalogue

Ceist:

680. Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation to set out the total number of full-time and part-time staff in the trade policy section in her Department; the staff increases she is considering for 2017 to deal with developments around an impending Brexit; if any staff requests were made in 2016 to strengthen resources; and if she will make a statement on the matter. [5518/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Staffing levels of my Department, its Offices and Agencies reflect the requirement to manage the pay bill and staff numbers in accordance with Government pay policy with staff resources deployed in the most effective and efficient manner as appropriate to business needs and key priorities at any given time.

An additional €3 million was secured in respect of Pay in Budget 2017 and is being targeted specifically to assist in our response to the evolving Brexit scenario. It is enabling the Department and, primarily, our Agencies recruit an additional forty to fifty staff to supplement existing staffing numbers. In this regard, a dedicated Brexit Unit within my Department has been established, which is led at Principal Officer level with a team of three staff (two assigned and one to follow), to be reviewed in line with the necessary workload as the Unit’s agenda unfolds. In addition, of course, the work of very many other Business Units across my Department is impacted by Brexit and these Units have, or are in the process of finalising, business plans for 2017 whereby Brexit implications for their work is factored in. In addition, a workforce planning process spanning the years 2017-19 is currently underway across the Department and coordinated by my HR Unit which will review the level of resources assigned across all Divisions of my Department in relation to the current strategic priorities of my Department. Naturally, responding to Brexit will feature heavily in the plan.

In relation to the number of staff serving in the Trade Policy and Export Licensing Section, there are currently 18 staff in 17.1 Full-Time Equivalent (FTE) positions in this Unit. This is an increase from 16 and 15.5 respectively from January 2016.

Staffing resources are an ongoing priority to ensure my Department’s continued ability to facilitate the wide mission and volume of work in a range of challenging policy areas. This will continue with ongoing day-to-day review of the appropriate staffing across my Department in response to known and developing priority areas.

Brexit Issues

Ceisteanna (681)

Maurice Quinlivan

Ceist:

681. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation if she will commission a detailed assessment of the way in which Brexit will affect individual sectors of the economy to determine which industries may be positively or negatively impacted; and if she will make a statement on the matter. [5520/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

A significant consideration in drawing up the recently published Action Plan for 2017 is Brexit and the changing global trading environment. This year’s Action Plan is at the core of the government’s response to the huge challenge these pose for businesses - to make sure our enterprise base is resilient in the face of changes to come.

The United Kingdom’s decision to leave the European Union will have a significant impact on our economy and I have tasked my Department with making Brexit our number one priority. Central to this is understanding those impacts, positive and negative, across all policy areas of my Department and at a sectoral level.

In this context my Department has conducted a risk assessment of the potential impacts of Brexit across policy areas which has fed into the national level assessment led by the Department of Taoiseach. My Department has since been working with the enterprise development agencies to mitigate risks and maximise opportunities and I am providing additional staff resources to Enterprise Ireland and IDA Ireland this year. I have also taken every opportunity to hear the views of sectors and companies. I have met with a wide range of representative organisations. In addition, my Department held a large stakeholder engagement event in Carrick-on-Shannon on 30 January to hear the views of all stakeholders.

In terms of research, there have been a number of studies published which set out the potential impacts of Brexit, including sectoral assessments (e.g. tourism, agri-food), and many of these are listed on merrionstreet.ie website. With regard to sectoral impact specifically my Department is currently scoping and undertaking research to examine the implications for the most exposed enterprise sectors - in terms of trading and economic relationships - of the UK being outside of the European Single Market and Customs Union. This research will inform an assessment of the way in which Brexit will affect individual sectors of the economy.

Further, my Department is also working on a review with InterTrade Ireland on the North-South trade implications of Brexit. This project will provide an understanding of the impact of different trade and tariff regimes which might be imposed following Brexit.

Cross-Border Co-operation

Ceisteanna (682)

Maurice Quinlivan

Ceist:

682. Deputy Maurice Quinlivan asked the Minister for Jobs, Enterprise and Innovation if she will increase funding for InterTrade Ireland in 2017, 2018 and 2019, in view of the clear demand for the valuable service provided and the extra workload brought about by Brexit; and if she will make a statement on the matter. [5521/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Intertrade Ireland (ITI) continues to undertake important work connected to cross-border trade.  Most notably, it operates a range of programmes to assist SMEs in developing their business both North and South. This includes assisting businesses to become first time exporters, developing innovation capacity and in pursuing procurement opportunities.

The work of ITI has now become even more significant on account of Brexit. The body is uniquely positioned to help businesses address cross-border challenges connected to the UK's decision to withdraw from the European union. That is why I have already made additional resources available to ITI, including funding for a research project to examine some of the potential impacts of Brexit on cross-border trade. ITI has also been provided with financial support for a number of new Brexit-related initiatives and the engagement of additional personnel.

ITI's future funding requirements will be kept under close review.

Brexit Issues

Ceisteanna (683)

Niall Collins

Ceist:

683. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to set out the total number of meetings of the Brexit co-ordination group established within her Department since the UK referendum to leave the EU; the dates of all such meetings; the number of meetings planned in 2017; when the next meeting will take place; and if she will make a statement on the matter. [5524/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

On the day the Referendum result was known I established a Co-ordination Group on Brexit in my Department, consisting of the CEOs of both IDA Ireland and Enterprise Ireland, and relevant enterprise, single market and trade officials from the Department to oversee implementation of our response to the emerging national, UK and EU developments.

This Group, which I chair, oversees the management of my Department's response to the Referendum result.

So far, the Group has met on 10 occasions:

- 24th June 2016

- 8th July 2016

- 20th July 2016

- 6th October 2016

- 26th October 2016

- 10th November 2016

- 24th November 2016

- 7th December 2016

- 20th December 2016

- 25th January 2017

The next meeting of the Coordination Group is scheduled for Monday 13th February. We will continue to meet on a regular basis throughout 2017. Dates for these meetings area currently being finalised.

The issues arising from Brexit are also discussed at every meeting of the Department's Management Board and the Ministerial Management Board.

Ministerial Correspondence

Ceisteanna (684)

John McGuinness

Ceist:

684. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation if she has responded to all of the correspondence received from a person (details supplied); if the issues raised in this correspondence will be addressed as a matter of urgency; if information requested relative to their case will be granted; if the correspondence from persons (details supplied) will be addressed; and if she will make a statement on the matter. [5528/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I wrote to the individual concerned on 13 December 2016, giving a definitive response to the issues that they raised.

My Department, and previous Ministers, have been in receipt of correspondence from the individual concerned, and others making representations on their behalf, over many years in relation to the issues raised. The handling of these matters was previously the subject of a complaint to the Office of the Ombudsman and the Information Commissioner, and neither body has found the Department at fault in any aspect.

This Department has devoted a considerable amount of time and resources to this issue over many years, however, I do not believe that the Department can do anything further to address the individual's principal concern which relates to the conclusion to his employment with a private sector entity.

Employment Rights

Ceisteanna (685)

Seán Haughey

Ceist:

685. Deputy Seán Haughey asked the Minister for Jobs, Enterprise and Innovation if she will introduce legislation in order that new employees that are paid monthly do not have to wait five weeks for their first payment of wages or salaries; and if she will make a statement on the matter. [5586/17]

Freagraí scríofa

Minister of State at the Department of Jobs, Enterprise and Innovation

The Payment of Wages Act 1991 protects employees in relation to the payment of wages and salaries. It regulates modes of payment (e.g. by cheque or electronic fund transfer) as well as what deductions from wages can be made. Under this Act, employers must also provide a payslip showing gross pay and the relevant deductions.

However, payment intervals are not regulated. This matter is essentially a matter of contract between an employer and an employee.  As this issue has not been one of contention, I have no plans to regulate it.

The Terms of Employment Information Act 1994 (as amended), (the 1994 Act), provides that an employer must provide an employee with a written statement of certain particulars of the terms of employment, including “the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval”.

I am reviewing certain aspects of the 1994 Act in the context of bringing forward proposals in response to the commitment in the Programme for Government to tackle problems caused by the increased casualisation of work and to strengthen the regulation of precarious work. The policy response, which is being informed by the University of Limerick study on zero hour contracts and low hour contracts and the public consultation on the study, will seek to ensure that employees are better informed about the nature of their employment arrangements and their core terms at an early stage in their employment. In this respect, my Department is currently engaged in a dialogue process with ICTU and Ibec with a view to securing broad agreement before proposals are finalised. This work is nearing conclusion. The intention is to bring proposals to Government in Q1 2017.

International Agreements

Ceisteanna (686, 687)

Niall Collins

Ceist:

686. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation to outline the timeframe for holding a referendum on the implementation of the unified patent court; the impact Brexit will have on its implementation; if the agreement will require renegotiation; and if she will make a statement on the matter. [5625/17]

Niall Collins

Ceist:

687. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if she has had any discussions regarding the relocation of the proposed unified patent court life sciences division from London to Dublin arising from the Brexit referendum result; and if she will make a statement on the matter. [5626/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 686 and 687 together.

The Programme for a Partnership Government proposes the holding of a number of referendums, including on Ireland’s participation in the International Agreement on a Unified Patent Court. Government has not made a decision on the issue of holding any particular constitutional referendums in 2017. The timing of referendums is a matter that the Government will collectively decide.

In relation to Brexit and issues arising in the context of implementation of the Unified Patent Court (UPC), I can advise the Deputy that in November 2016 the then Minister for Intellectual Property in the UK, Baroness Neville-Rolfe made a statement announcing the UK’s intention to ratify the UPC Agreement. The statement indicated an intention to continue with preparations in Parliament to allow the UK to ratify the Agreement in coming months. Assuming that the UK ratifies the UPC Agreement while still a member of the EU, this should pave the way for the UPC to come into effect. The issue of UK participation in the UPC post Brexit is unclear but is likely to form part of the wider Brexit negotiations facilitating UK withdrawal from the EU.

To come into effect, the UPC Agreement must be ratified by a minimum of 13 participating States, to include France, Germany and the UK. To date 11 Member States including France, have completed the ratification process and a number of other Member States expect to complete the ratification process shortly. The expectation is that the UPC will be operational by the end of 2017.

At this stage, given that the UK is expected to be a member of the Unified Patent Court from its introduction, the issue of relocation of the UPC Life Sciences division from London does not arise.

Company Law

Ceisteanna (688)

Mattie McGrath

Ceist:

688. Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation if she will address the urgent need to introduce stricter regulations regarding the practice of receivership; and if she will make a statement on the matter. [5652/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Receivership arises from a private contractual relationship between a lender and a creditor (usually a company). A receiver is a person who is appointed on behalf of a secured creditor to sell the particular company asset which has been charged in favour of that creditor. A receiver is appointed under a) the terms of the debenture for stated reasons or b) by court order. Most debentures today provide for the appointment of a receiver where a "default event" occurs. As the receiver is appointed under the terms of a debenture, it goes without saying that she or he will act as the creditor’s agent.

Section 433 of the Companies Act 2014 sets out the categories of persons who are disqualified to act as the receiver of a company e.g. an undischarged bankrupt; an employee or an officer of the company concerned or a person who was such within the period of 12 months before the date of the commencement of the receivership; certain specified family members of an officer of the company concerned.

Receivership is a remedy that derives from the courts of equity and indeed the relevant law in relation to receivership is largely made up of rules which the courts have developed by applying general contract law and equitable principles. Under the Companies Act 2014 the receiver has specific statutory duties under section 439 which provides that:

(i) receivers must achieve the best  price reasonably obtainable at the time of sale; and

(ii) the receiver must not sell by private contract a non-cash asset of a company to a person who is or who, within three years prior to the date of appointment of the receiver, has been, an officer of the company unless the Receiver has given 14 days’ notice of his or her intention to do so to all creditors of the company who are known to him or her or who have been intimated to him or her.

These statutory duties make it imperative that the receiver obtains expert legal and valuation advice in relation to the sale of property, consistent with the duty “to obtain the best price reasonably obtainable”. Breach of a receiver’s statutory duties may result in the receiver being held personally liable for any loss incurred.  Conferring statutory powers on receivers in the Companies Act 2014 was intended to alleviate many of the problems which may arise from poorly drafted debentures.

It should be noted that receivers also have a statutory duty to provide certain information to the Registrar of Companies and the Office of the Director of Corporate Enforcement.

Ministerial Correspondence

Ceisteanna (689)

Richard Boyd Barrett

Ceist:

689. Deputy Richard Boyd Barrett asked the Minister for Jobs, Enterprise and Innovation if she will respond to correspondence dated 1 November 2016 which was sent to her office via email on 10 November 2017 and co-signed by this Deputy. [5706/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

A response was issued to the Deputy on 3 February 2017.

Health and Safety Regulations

Ceisteanna (690)

David Cullinane

Ceist:

690. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the fact that crane drivers are being hired without having completed proper training and that employment agencies are supplying letters to approved training centres stating that six months of training has been completed by persons, although this is not the case; if the Health and Safety Authority has been made aware of this issue; and if she will make a statement on the matter. [5746/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

Under the Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013) there is a requirement that Tower Crane Operators, Self-Erecting Tower Crane Operators, Mobile Crane Operators and Crawler Crane Operators to have a valid Construction Skills Certification Scheme (CSCS) card in order to carry out any of these tasks on a construction site. The Regulations allow for prohibition on false statements by persons applying for CSCS cards.

SOLAS, the Further Education and Training Authority which comes under the auspices of the Department of Education and Skills, is responsible for the operation and governance of the CSCS including the registration and monitoring of the approved training organisations.

The Health and Safety Authority (HSA) conducts an annual programme of inspections in the sector which is linked to the 2017 Action Plan of the Construction Safety Partnership Advisory Committee. The HSA supports the CSCS as part of the training structures for construction sector, but its primary involvement with the Scheme is in requesting the presentation by construction workers of valid registration cards in the course of on-site inspections.

My officials have informed the Department of Education and Skills, SOLAS and the HSA about the matter raised by the Deputy. However, if the Deputy has specific information relating to false statements supporting applications for CSCS cards, he should bring such details to the direct attention of SOLAS and the HSA.

IDA Ireland Site Visits

Ceisteanna (691)

Mattie McGrath

Ceist:

691. Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation the reason IDA Ireland and her Department do not seem to be making any effort to entice companies and businesses to Ardfinnan, County Tipperary (details supplied); if her Department and IDA Ireland will endeavour to advise companies of the availability of two vacated plants in Ardfinnan and encourage them to locate there; and if she will make a statement on the matter. [5929/17]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I have been advised by IDA Ireland that the building in question is not an IDA Ireland property but that the Agency is aware of the facility. IDA Ireland always tries to find the relevant property solution for its clients and will of course market a non-IDA Ireland property if it represents an appropriate option for investors. The IDA can include the property in question on its property marketing database if its owner or agent so chooses.

While site visits are an important tool for showcasing different parts of Ireland to potential investors, 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 and the ready supply of suitable property. While IDA Ireland actively encourages its clients to locate or expand in regional locations, ultimately the final decision always rests with the company concerned.