Written Answers Nos. 790 - 801
790. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which discussions are taking place with various stakeholders with a view to facilitating investment resulting in job creation to replace those jobs lost at a company (details supplied); and if she will make a statement on the matter. [9581/17]
Amharc ar fhreagraCreating new employment opportunities to replace those that will be lost in this company is a priority of mine. I have directed IDA Ireland to seek out new investment for the area and the Agency is already marketing the facility to its existing client companies and other potential investors.
791. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the legal fees incurred for freedom of information requests received by her Department; the staff hours involved in the processing of such requests for the past three years; and if she will make a statement on the matter. [9681/17]
Amharc ar fhreagraMy Department has not incurred any legal fees on FOI requests received during the period 2014 to 2016.
In accordance with Section 20 of the Freedom of Information Act 2014, I have designated decision making authority to all officers at Higher Executive Officer/ Higher Executive Officer equivalent and higher level in my Department.
The total number of FOI requests received by my Department and its Offices and the total number of hours spent by staff processing these requests is set out in the table.
|
Year |
Total Number of FOI Requests Received |
Total Number of Hours spent by Staff in Processing FOI Requests received |
|
2016 |
202 |
1,076.5 |
|
2015 |
184 |
799.5 |
|
2014 |
70 |
382.5 |
792. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the method IDA Ireland used to determine the way in which 527 jobs were created under the Connect Ireland scheme; the detail of the six-figure marketing sum connected to the marketing budget for the scheme; and if she will make a statement on the matter. [9691/17]
Amharc ar fhreagraThe objective of the Succeed-in-Ireland programme is the creation of sustainable jobs countrywide. These positions are contractually defined, for the purposes of the programme, as full time, permanent positions that are in place for at least two years in a project approved by IDA Ireland.
Connect Ireland, which operates Succeed-in-Ireland, receives a financial award from the IDA in respect of jobs created under the programme. Payments fall due to Connect Ireland once IDA Ireland has verified that a sustainable position is in place. The verification process is multi-faceted and includes site visits to the company in question, financial checks to confirm payment of salaries and the examination of employment contracts. This process has been applied to all jobs verified to date.
IDA Ireland has made a total contribution of €150,000 towards Connect Ireland’s marketing programmes. These programmes included actions aimed at developing and expanding visitor engagement; a communities action plan in which Connect Ireland engaged with local authorities and national sporting associations; and a marketing initiative focused on the expansion of Succeed-in-Ireland into new European and North American territories.
793. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation if Article 1(9) of Directive 51/2003 only permits the delayed recognition of potential losses as opposed to actual losses in view of the fact this would lead to excessive provisioning; if Article 1(9) still retains the requirement to make a provision for liabilities in order that net assets, that is to say, assets net of liabilities, are not overestimated which would be contrary to the concept of prudence and the true and fair view as outlined in a case (details supplied); and if she will make a statement on the matter. [9698/17]
Amharc ar fhreagraArticle 1(9) of Directive 2003/51/EC of 18 June 2003 amended Article 31(1)(c)(bb) of Directive 1978/660/EEC of 25 July 1978. The amended provision is now in Article 6(1)(c)(ii) of Directive 2013/34/EU of 26 June 2013. Article 31(1)(c)(bb), in its original form, was cited in the Judgement given by the General Court (Fifth Chamber) on 14 September 1999 in the case (details of which were supplied by the Deputy). The interpretation of the amended provision is ultimately a matter for the European Court of Justice.
794. Deputy Jan O'Sullivan asked the Minister for Jobs, Enterprise and Innovation the number of IDA Ireland sponsored visits by potential foreign direct investment clients to County Louth in each of the years 2014 to 2016; and if she will make a statement on the matter. [9842/17]
Amharc ar fhreagraThere were a total of 54 IDA Ireland sponsored site visits to County Louth between 2014 and 2016. The table outlines the breakdown of these visits by year.
It is important to remember that data on site visits is not necessarily an accurate measure of the level of foreign direct investment (FDI) activity in a region or county. This is partly because approximately 70% of all FDI won by IDA Ireland comes from its existing client base, rather than from new companies. The true level of FDI in Ireland is better gauged by reference to IDA Ireland’s record 2016 results. These show the Agency’s client companies created just under 19,000 (18,627) jobs on the ground during the year, including 453 in County Louth.
Annual number of IDA Ireland sponsored site visits to County Louth, 2014-2016
|
- |
2014 |
2015 |
2016 |
|
Louth |
10 |
20 |
24 |
795. Deputy Jan O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if she has received a copy of the company law review group's report commissioned to examine ways in which company law could be changed to better protect employees and creditors in liquidations; when the report and its recommendations will be published; her plans to take legislation to the Government informed by the CLRG report combined with the recommendations of the 2016 Duffy-Cahill report; and if she will make a statement on the matter. [9845/17]
Amharc ar fhreagraA number of actions were initiated as part of the Government’s response to the closure of Clerys. As part of a twin track process, the Company Law Review Group was asked to examine legislation with a view to recommending ways company law could be amended to better safeguard a company’s employees and unsecured creditors. That work is currently ongoing and the recommendations made by the Group will receive careful consideration, when received.
In tandem, an expert examination of the legal protections for employees was undertaken and the Duffy-Cahill report provides a comprehensive analysis of the relevant provisions of employment law and company law. It makes a number of proposals for reform of the law, which are primarily concerned with amendments to employment law. My Department conducted a Public Consultation on the report following its publication on 26 April 2016.
The submissions received in response to the consultation are important in terms of assessing how the suggested reforms could operate in practice and in identifying any unintended consequences. They will inform the response to the report which will be brought forward for consideration by Government.
Separately, authorised officers of the Minister from the Workplace Relations Commission have sought information from a number of parties in relation to the collective redundancies that took place in OCS Operations Limited on 12 June 2015. The work of the authorised officers relates to the application of the Protection of Employment Act 1977 to the collective redundancies in question. A legal challenge was taken by two of the parties last year, on which the High Court ruled comprehensively in favour of the WRC Inspectors. Further legal challenges to the investigation are currently listed before the Courts. The work of the authorised officers is continuing and the matter of prosecutions, where appropriate, is also being progressed.
796. Deputy Jan O'Sullivan asked the Minister for Jobs, Enterprise and Innovation her plans to introduce legislation to address the issue of low hours and zero-hour contracts; and if she will make a statement on the matter. [9846/17]
Amharc ar fhreagraMy colleague, Minister Mitchell O’Connor, and I intend to bring forward proposals in response to the Programme for Government commitment to tackle problems caused by the increased casualisation of work and to strengthen the regulation of precarious work for consideration by Government. We intend to include protections aimed particularly at low-paid, more vulnerable workers. Our proposals will address the issue of employees on low hour contracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours worked. The proposals will also 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.
The policy response to the Programme for Government commitment is being informed by the University of Limerick study on zero hour contracts and low hour contracts as well as the extensive material and practical examples provided by respondents to the public consultation on that study conducted by my Department.
Developing policy proposals on employment rights is a complex matter. A balance needs to be found between protecting the rights of employees and avoiding unintended consequences on business which may negatively affect the competitiveness of the Irish economy.
My Department has been engaged in a dialogue process with ICTU and Ibec over an extended period to work through the matters at issue in detail before proposals are finalised. This work is nearing conclusion. The intention is to bring our proposals to Government in Q1 2017.
797. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation when she expects the Companies (Accounting) Bill 2016 to be enacted; and if she will make a statement on the matter. [9930/17]
Amharc ar fhreagraThe Companies (Accounting) Bill 2016 remains a legislative priority for the Government. Accordingly, I hope that Dáil Report Stage will be scheduled as soon as possible. Clearly, the timing of enactment thereafter will depend on the availability of parliamentary time.
798. Deputy Catherine Martin asked the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the fact that in 2015 the European Court of Justice (ECJ) ruled in case C-266/14 that in instances in which workers do not have a fixed place of work, the time they spend travelling between their home and their first and last customers each day counts as working time; if her attention has been further drawn to the fact that section 8 of the National Minimum Wage Act 2000 states that working time does not include time spent travelling to and from work and therefore this ECJ ruling will not apply to employees in the private sector; if her attention has been drawn to the fact that under the principle of direct effect it does apply to the public sector; and her plans to update current legislation to cater for the aforementioned ECJ ruling. [10068/17]
Amharc ar fhreagraI am aware of the judgement of the Court of Justice of the European Union in Case 266/14 generally referred to as the 'Tyco case'. It is important to remember that case was referred in relation to interpretation of the EU Directive on Working Time (2003/88/EC). In the Tyco case, the CJEU found that where workers do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes ‘working time’, within the meaning of the Directive. The workers in that case installed security alarms in provincial Spain.
The primary purpose of Working Time Directive is to make provision for the protection of the safety and health of workers and is given effect in Irish law by the Organisation of Working Time Act 1997 (as amended). There is no amendment of that Act required by me to enforce the Tyco decision.
It should be noted that that the Working Time Directive does not apply to the remuneration of workers. Employers are free to determine the remuneration for time spent travelling between home and customers, a point made by the CJEU in the Tyco case.
What is referred to in Section 8 of the National Minimum Wage Act 2000 (as amended) is 'working hours' for the purpose of remuneration rather than working time for the purpose of health and safety which is what was considered in the Tyco case. Consequently, it does not follow that any amendment of national legislation dealing with remuneration is required by virtue of the Tyco case. Working hours has a very different statutory meaning in the context of national minimum wage legislation. It is important to remember that this is legislation that did not emanate from the EU.
Therefore, there is no necessity for me as Minister to amend legislation to determine the national minimum hourly statutory pay for employees on the basis of the Tyco decision where both the facts and the law were very different to what is covered by the National Minimum Wage Act 2000 as amended.
While it is correct for the deputy to point out that the National Minimum Wage Act 2000 states that working hours does not include time spent travelling to and from work, it would appear to be open to an employee in the particular circumstances of the Tyco case (worker does not have a fixed or habitual place of work and must travel each day between their homes and the premises of the first and last customers designated by their employer) that they are at work during this time.
799. Deputy Fergus O'Dowd asked the Minister for Jobs, Enterprise and Innovation the details of all foreign direct investment secured through State agencies in 2014, 2015 and 2016, by county, in tabular form; if foreign direct investment secured in counties Louth and Meath will be broken down by name, location and financial details; and if she will make a statement on the matter. [10083/17]
Amharc ar fhreagraForeign Direct Investment (FDI) remains a vital contributor to Ireland’s economic development and growth. The role it plays in sustaining employment in Ireland is well-documented: approximately one out of every five private sector jobs here directly or indirectly results from FDI. Last year saw the highest ever level of employment in IDA Ireland client companies, with 199,877 people now employed in companies supported by the Agency.
Table A provides a breakdown of total jobs and new jobs created in IDA Ireland client companies on a county by county basis from 2014 to 2016. Table B provides details of IDA Ireland announcements for Meath and Louth from 2014 to January 2017. Table C contains details of grants paid to companies in Meath and Louth for 2014 and 2015. Figures for 2016 have not yet been finalised.
Table A - number of total jobs and jobs created in IDA Ireland companies from 2014 to 2016.
|
County |
2014 |
2015 |
2016 |
|
|
Carlow |
Total Jobs |
749 |
768 |
802 |
|
Carlow |
New Jobs |
45 |
19 |
83 |
|
Cavan |
Total Jobs |
1,136 |
1,165 |
1,203 |
|
Cavan |
New Jobs |
27 |
29 |
41 |
|
Clare |
Total Jobs |
6,486 |
6,607 |
6,662 |
|
Clare |
New Jobs |
443 |
530 |
295 |
|
Cork |
Total Jobs |
28,445 |
32,301 |
33,976 |
|
Cork |
New Jobs |
2,209 |
4,535 |
2,602 |
|
Donegal |
Total Jobs |
2,607 |
2,918 |
3,039 |
|
Donegal |
New Jobs |
247 |
330 |
145 |
|
Dublin |
Total Jobs |
70,445 |
76,492 |
82,622 |
|
Dublin |
New Jobs |
7,695 |
10,202 |
9,000 |
|
Galway |
Total Jobs |
14,664 |
15,342 |
16,851 |
|
Galway |
New Jobs |
1,123 |
1,457 |
1,896 |
|
Kerry |
Total Jobs |
1,874 |
1,931 |
2,083 |
|
Kerry |
New Jobs |
247 |
89 |
186 |
|
Kildare |
Total Jobs |
10,222 |
10,566 |
10,139 |
|
Kildare |
New Jobs |
463 |
849 |
291 |
|
Kilkenny |
Total Jobs |
716 |
650 |
762 |
|
Kilkenny |
New Jobs |
124 |
9 |
113 |
|
Laois |
Total Jobs |
87 |
105 |
115 |
|
Laois |
New Jobs |
9 |
18 |
10 |
|
Leitrim |
Total Jobs |
411 |
423 |
413 |
|
Leitrim |
New Jobs |
4 |
16 |
3 |
|
Limerick |
Total Jobs |
7,930 |
8,702 |
10,153 |
|
Limerick |
New Jobs |
764 |
950 |
1,634 |
|
Longford |
Total Jobs |
650 |
686 |
665 |
|
Longford |
New Jobs |
10 |
46 |
70 |
|
Louth |
Total Jobs |
3,029 |
3,217 |
3,574 |
|
Louth |
New Jobs |
494 |
317 |
453 |
|
Mayo |
Total Jobs |
3,932 |
4,070 |
4,234 |
|
Mayo |
New Jobs |
294 |
159 |
181 |
|
Meath |
Total Jobs |
1,536 |
1,533 |
1,496 |
|
Meath |
New Jobs |
68 |
67 |
84 |
|
Monaghan |
Total Jobs |
275 |
146 |
137 |
|
Monaghan |
New Jobs |
13 |
52 |
7 |
|
Offaly |
Total Jobs |
890 |
902 |
929 |
|
Offaly |
New Jobs |
44 |
58 |
49 |
|
Roscommon |
Total Jobs |
916 |
994 |
985 |
|
Roscommon |
New Jobs |
85 |
108 |
34 |
|
Sligo |
Total Jobs |
2,219 |
2,221 |
2,290 |
|
Sligo |
New Jobs |
83 |
166 |
190 |
|
Tipperary North Riding |
Total Jobs |
298 |
318 |
328 |
|
Tipperary North Riding |
New Jobs |
25 |
10 |
|
|
Tipperary South Riding |
Total Jobs |
3,246 |
3,215 |
3,040 |
|
Tipperary South Riding |
New Jobs |
229 |
70 |
138 |
|
Waterford |
Total Jobs |
5,248 |
5,574 |
6,135 |
|
Waterford |
New Jobs |
353 |
523 |
697 |
|
Westmeath |
Total Jobs |
2,396 |
2,529 |
2,571 |
|
Westmeath |
New Jobs |
221 |
212 |
185 |
|
Wexford |
Total Jobs |
2,503 |
2,486 |
2,630 |
|
Wexford |
New Jobs |
196 |
101 |
171 |
|
Wicklow |
Total Jobs |
2,307 |
2,174 |
2,043 |
|
Wicklow |
New Jobs |
29 |
45 |
59 |
|
Total |
Total Jobs |
175,217 |
188,035 |
199,877 |
|
Total |
New Jobs |
15,519 |
20,982 |
18,627 |
Table B - Job Announcements for Meath and Louth from 2014 to 2017
|
DATE |
COMPANY |
LOCATION |
PROJECT ACTIVITY |
|
26/01/2017 |
Almac Group |
Dundalk |
Expansion in Ireland with additional 100 jobs in Dundalk. |
|
15/04/2016 |
Shire |
Meath |
Expansion of its global biotechnology manufacturing capacity with 400 jobs. |
|
28/04/2016 |
Kellton Tech Solutions Limited |
Drogheda |
Establishment of an EMEA HQ with 100 jobs. |
|
01/04/2015 |
Prometric |
Dundalk |
A €1m three-year research partnership with DCU. |
|
18/06/2014 |
Paypal |
Dundalk |
Expansion of its operations centre in Dundalk with 400 jobs. |
|
07/05/2014 |
Becton Dickinson |
Drogheda |
Investment by the company in new equipment to expand its production BD PosiFlush syringes. |
Table C - Grants Paid to companies in Meath and Louth for 2014 and 2015
|
County |
2014 |
2015 |
TOTAL |
|
Louth |
€3,672,307 |
€993,000 |
€4,665,307 |
|
Meath |
€0 |
€300,000 |
€300,000 |
|
TOTAL |
€3,672,307 |
€1,293,000 |
€4,965,307 |
800. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the total number of IDA Ireland jobs at 31 December 2016, by county and in each region, in tabular form; and if she will make a statement on the matter. [10092/17]
Amharc ar fhreagraIDA Ireland’s official employment figures are drawn from the employment survey that is conducted annually by my Department.
During 2016, the Agency's client companies created just under 19,000 (18,627) jobs on the ground across a range of sectors, with every region of Ireland posting net gains in jobs.
The table sets out the total number of IDA Ireland supported jobs, across the regions, as of 31 December 2016.
IDA Ireland-supported Jobs by Region and County 2016
|
Region |
County |
2016 |
|
Dublin |
Dublin |
82,622 |
|
Mid-East |
Kildare |
10,139 |
|
Mid-East |
Meath |
1,496 |
|
Mid-East |
Wicklow |
2,043 |
|
Midlands |
Laois |
115 |
|
Midlands |
Longford |
665 |
|
Midlands |
Offaly |
929 |
|
Midlands |
Westmeath |
2,571 |
|
Mid-West |
Clare |
6,662 |
|
Mid-West |
Limerick |
10,153 |
|
Mid-West |
Tipperary North Riding |
328 |
|
North East |
Cavan |
1,203 |
|
North East |
Louth |
3,574 |
|
North East |
Monaghan |
137 |
|
North West |
Donegal |
3,039 |
|
North West |
Leitrim |
413 |
|
North West |
Sligo |
2,290 |
|
South East |
Carlow |
802 |
|
South East |
Kilkenny |
762 |
|
South East |
Tipperary South Riding |
3,040 |
|
South East |
Waterford |
6,135 |
|
South East |
Wexford |
2,630 |
|
South West |
Cork |
33,976 |
|
South West |
Kerry |
2,083 |
|
West |
Galway |
16,851 |
|
West |
Mayo |
4,234 |
|
West |
Roscommon |
985 |
|
Total |
199,877 |
801. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the cost of implementing a living wage of €11.50 per hour for all employees directly employed or in agencies funded by her Department; and if she will make a statement on the matter. [10103/17]
Amharc ar fhreagraThe additional salary cost to the Department and its Offices of introducing a minimum hourly rate of €11.50 per hour for directly employed staff is estimated to be €234,680 per annum. This figure, inclusive of employers PRSI would be €259,909. The Offices of the Department include the Companies Registration Office, Employment Appeals Tribunal, Labour Court, Low Pay Commission, Office of the Director of Corporate Enforcement, Patents Office, Registry of Friendly Societies and the Workplace Relations Commission.
The indicative additional annual cost across the Agencies funded through my Department's Vote would be €261,216. This covers the Competition & Consumer Protection Commission, Health & Safety Authority, IDA Ireland, Irish Auditing and Accounting Supervisory Authority, Enterprise Ireland, National Standards Authority of Ireland and Science Foundation Ireland.
The Personal Injuries Assessment Board (PIAB) is self-financing and does not receive any Pay provision through my Department’s Vote. Any additional Pay cost on foot of the introduction of a living wage of €11.50 per hour would have to be borne through the fees mechanism operated by the PIAB.
The staff of Inter-Trade Ireland, which is part-funded through my Department's Vote, are all based in Northern Ireland.
