Written Answers Nos. 98 - 116
98. Deputy Michael McGrath asked the Minister for Finance the number of persons that have paid the domicile levy; the amount collected by the Revenue Commissioners for each year since 2010; and if he will make a statement on the matter. [12656/17]
Amharc ar fhreagraThe Domicile Levy was introduced in the 2010 Finance Act and is payable on or before 31 October in the year following the valuation date on a self-assessment basis. For example the due date in respect of 2010 was 31 October 2011. The valuation date is 31 December each year.
The table sets out the number of persons who have filed Domicile Levy returns and the amount collected since commencement. The table excludes 2016, which is not due until 31 October 2017.
|
Year |
No of Persons |
Amount Collected (€m) |
|
2010 |
32 |
€3.43 |
|
2011 |
33 |
€3.69 |
|
2012 |
24 |
€2.44 |
|
2013 |
20 |
€1.90 |
|
2014 |
12 |
€1.99 |
|
2015 |
10 |
€1.68 |
I have asked Revenue to explore the reason behind the reduction in the numbers falling under the levy.
99. Deputy Michael McGrath asked the Minister for Finance the number of builders that have registered to date for the first time buyer help to buy scheme. [12657/17]
Amharc ar fhreagra100. Deputy Michael McGrath asked the Minister for Finance the number of persons that have applied to date for the first time buyer help to buy scheme; the estimated total value of those claims; the estimated cost of the scheme for 2017; and if he will make a statement on the matter. [12658/17]
Amharc ar fhreagraI propose to take Questions Nos. 99 and 100 together.
I am advised by Revenue that the number of builders that have applied to be registered as qualifying contractors is 205, as at 7 March 2017. The number of builders that have been approved as qualifying contractors, and whose details are published on the Revenue website, is 115.
Furthermore, the number of Help To Buy (HTB) applications received up to 7 March 2017 was:
|
No. of Applications |
Successful applications |
*Pending |
|
3,753 |
1,488 |
2,265 |
*Pending means that the applicants either have to file an outstanding return or address a compliance issue, the application is to be reviewed by Revenue, or the applicant needs to finalise his or her application. The processing time for pending applications depends on the time it takes an applicant to resolve any outstanding matters and Revenue is encouraging prospective applicants to file any necessary tax returns and resolve any outstanding issues before making the HTB application.
We are all aware that purchasing a home is a lengthy and potentially complex process. Revenue has designed the online HTB application, claim and verification processes to be straightforward and easy-to-follow. It is very important, however, that all applicants have filed any necessary returns or cleared up any outstanding matters or balances on their record, in advance. The bulk of applicants to date are PAYE taxpayers and if a Form 12 tax return is outstanding it can be filed online very quickly by using 'PAYE Services' in myAccount. If there is a tax due it can be paid using the 'Payments' facility in myAccount. A HTB application can be approved very quickly, where there are no outstanding issues.
Once an application is successful, the time taken for the claim to be submitted depends on the claimant. If he or she has already purchased a home or drawn down the first tranche of the mortgage, then the necessary evidence is available for the claim to be made.
The required evidence for first-time purchasers is a signed contract, mortgage agreement, deposit details and details of the property. When the claim is made the first-time buyer needs to give the HTB Claim number and access code to the Qualifying Contractor so they can verify the claim and input the bank account details to facilitate payment.
The required evidence for first-time self-build claimants is evidence of drawdown of the first tranche of the mortgage and details of the property. When the claim is made the first-time self-builder needs to give the HTB Claim number and access code to the solicitor who can verify the claim and input the necessary loan bank details to facilitate payment to the self-builder's mortgage institution. Once the claim is verified by the contractor or solicitor, the refund can be made very quickly thereafter. More detailed information and guidance regarding these requirements is available on the Revenue website.
Of the 1,488 successful applications there have been 562 claims, which is about 40% of the total. 230 claims have been verified and paid and 332 pending verification, as set out in the table.
|
|
Claims |
Verified & Paid |
Pending verification |
|
Total |
562 |
230 |
332 |
Claims are verified by the qualifying contractor for first-time home purchases or by the solicitor for first-time self-built homes. Of the 115 Qualifying contractors listed on the Revenue website, I am advised that over half of these have already verified claims and received refunds. Additionally, over 60 solicitors have registered their details and 14 of them have already verified self-build claims.
Up to 7 March 2017, €3.48 million has been refunded in HTB claims. This is in line with my Budget estimates, as we expected a number of retrospective cases to make claims early in 2017. Of the 230 claims verified and paid, 158 are retrospective cases.
101. Deputy Michael McGrath asked the Minister for Finance the number of persons that were in a position to benefit from the earned income tax credit in 2015; the qualifying criteria for persons that are self employed; and if he will make a statement on the matter. [12659/17]
Amharc ar fhreagraFollowing clarification with the Deputy's office, I understand that his query relates to the number of persons that were in a position to benefit from the earned income credit (EIC) in 2016. I am advised by Revenue that income tax returns in respect of 2016 are not yet available.
Prior to the announcement of the introduction of the EIC in Budget 2016, it was estimated that, based on 2013 returns, the number of income earners who would be in a position to benefit from the introduction of the EIC would be in the order of 112,000. Based on the most recent data (2014 returns) and on the basis of the qualifying criteria announced in Budget 2016, it is now estimated that the number of income earners who would currently be in a position to benefit from the EIC is in the order of 147,500.
The EIC is available to taxpayers with active self-employed trading or professional income and to business owners or managers who do not have access to the PAYE credit on employment (salary) income from their business. The credit was increased in Budget 2017 from €550 to €950. If an income earner also qualifies for the PAYE tax credit, the combined value of both the EIC and the PAYE tax credit cannot exceed €1,650.
102. Deputy Michael McGrath asked the Minister for Finance the yield for January and February 2017 from the changes introduced in section 22 of the Finance Act 2016 concerning the section 110 tax structure and from the changes introduced in section 23 of the Act concerning Irish real estate funds; his revised estimate of the combined yield from these measures in 2017; and if he will make a statement on the matter. [12660/17]
Amharc ar fhreagraIn the 2016 Finance Act I introduced provisions to address concerns raised in both the media and the Dáil regarding the use of section 110 companies and certain Irish collective investment vehicles by international investors to minimise their tax payments on Irish property transactions.
In relation to Section 110 companies the amendments made in Finance Act 2016 will ensure that tax will be payable on their profits from Irish property transactions from 6 September 2016 onwards.
I also introduced the Irish Real Estate Fund (IREF) legislation to address the issue of non-resident investors, who have been investing in Irish property through fund structures, avoiding a charge to Irish tax on profits arising from Irish real estate.
The measures were designed in a very targeted manner to ensure that the Irish tax base will be protected where Irish property transactions are taking place within collective investment vehicles and Section 110 companies while not affecting Ireland's wider funds and securitisation industries.
In relation to the two measures, a yield of €50 million was included in Budget 2017. This yield was both conservative and prudent at the time. To estimate the yield from these amendments into the future requires predicting changes in property prices as well as behavioural changes; as such it is still too early for the Department or Revenue to estimate any potential yield beyond 2017.
I am advised by Revenue that it is not possible to identify separately any element of the combined yield from the two measures in the tax yield in January and February 2017.
103. Deputy Éamon Ó Cuív asked the Minister for Finance the position in relation to changes made in the recent Finance Bill regarding the dwelling house exemption; the effective date for a second home gifted by parents to non-dependent children in circumstances (details supplied); and if he will make a statement on the matter. [12671/17]
Amharc ar fhreagraI am advised by Revenue that Section 86 of the Capital Acquisitions Consolidation Act 2003 provides for an exemption from capital acquisitions tax in relation to gifts and inheritances of dwelling houses in certain circumstances. This exemption is referred to as the "dwelling house exemption". In Section 52 of Finance Act 2016, I made changes to this exemption with respect to gifts or inheritances taken on or after 25 December 2016. The changes have two principal effects.
Firstly, the dwelling house exemption is generally only available for inheritances. With one exception, it is no longer possible to receive a tax-free gift of a dwelling house. The exception is where a person gifts a dwelling house to a dependent relative. For this purpose, a dependent relative is a direct relative of the donor, or of the donor's spouse or civil partner, who is permanently and totally incapacitated because of physical or mental infirmity from maintaining himself or herself or who is over the age of 65.
Secondly, the inherited dwelling house must have been the deceased person's principal private residence at the date of his or her death. This requirement is relaxed in situations where the deceased person had ceased to occupy the house before the date of death because of ill health; for example, to live in a nursing home.
The recent changes made to the dwelling house exemption have no retrospective implications for gifts or inheritances of houses received before 25 December 2016. The conditions that have to be met to qualify for an exemption and to avoid any subsequent withdrawal of the exemption are those that are in force at the date of the gift or the inheritance. With regard to the specific circumstances provided by the Deputy, if the qualifying conditions were met on the gift of the house three years ago, a withdrawal of the exemption will not arise if that individual continues to occupy the house for the six year period following the gift.
104. Deputy Michael Healy-Rae asked the Minister for Finance if the Revenue Commissioners are investigating a charity (details supplied); and if he will make a statement on the matter. [12672/17]
Amharc ar fhreagraI am advised by the Revenue Commissioners that for reasons of taxpayer confidentiality and in accordance with Section 851A of the Taxes Consolidation Act 1997, they are precluded from commenting on the tax affairs of any particular taxpayer.
105. Deputy Niall Collins asked the Minister for Finance further to Parliamentary Question No. 56 of 2 March 2017, if he will provide each legislative proposal listed which underwent a regulatory impact assessment and that was subsequently published, in tabular form; and if he will make a statement on the matter. [12676/17]
Amharc ar fhreagraFurther to Parliamentary Question No. 56 of 2017, the details of each Bill which underwent a Regulatory Impact Analysis and which was subsequently published, for the period of 2011 to 2016, are set out in the table.
|
- |
Name of Bill |
Date Bill Published |
|
1. |
Central Bank (Supervision and Enforcement) Bill 2011 |
26 July 2011 |
|
2. |
Fiscal Responsibility Bill 2012 |
16 July 2012 |
|
3. |
Credit Reporting Bill 2012 |
26 September 2012 |
|
4. |
Credit Union and Co-operation with Overseas Regulators Bill 2012 |
26 September 2012 |
|
5. |
Strategic Banking Corporation of Ireland Bill 2014 |
32 July 2014 |
|
6. |
Irish Collective Asset-Management Vehicles Bill 2014 |
25 July 2014 |
|
7. |
Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015 |
12 January 2015 |
106. Deputy Brendan Smith asked the Minister for Finance his plans to introduce an export guarantee scheme for small and medium businesses due to the particular difficulties that are arising for some sectors that have a heavy reliance on exports to the sterling area; and if he will make a statement on the matter. [12697/17]
Amharc ar fhreagraThe UK referendum on EU membership has led to significant fluctuations in the value of Sterling against the euro and this presents challenges for exporting Irish SMEs, in particular, those that export primarily to the UK. As the Deputy will be aware, it is likely that the recent exchange rate movements may signal a longer term, rather than cyclical, change in the value of Sterling.
These challenges make the current range of Government supports for the provision of credit even more vital. State backed, low cost, flexible credit can assist SMEs to restructure their cost bases and re-price their products and services so that they can continue trading with the UK in the weaker Sterling environment. Loans made to SMEs, on the basis of viable business plans, can also give them the opportunity to diversify into other markets and reduce their exposure to the UK.
In this context, it is encouraging to note that SMEs can access lower cost, flexible finance from the Strategic Banking Corporation of Ireland (SBCI). To the end of December 2016, the SBCI has lent €544 million to 12,593 SMEs supporting an estimated 67,150 jobs. The SBCI's goal is to increase the availability of funding to SMEs at a lower cost and on more flexible terms than has been available in recent times on the Irish market. The SMEs who received SBCI finance are from a variety of business and economic sectors. More than 80% of loans are for investment purposes and the average loan size is €43,200. There is a broad regional spread of the SMEs supported, with 84.8% of them based outside Dublin.
The Action Plan for Jobs 2017 has committed the Government to roll out an Export Finance Initiative to support Irish exporting SMEs this year. Officials from my Department are working with the Department of Jobs, Enterprise and Innovation, the SBCI, Enterprise Ireland and the Ireland Strategic Investment Fund to develop a product that will support the working capital needs of exporting Irish SMEs. It is intended to launch this Initiative on a pilot basis initially, for a period of one year. As part of this process, my Department and the SBCI are engaging with DG Comp to address any potential State Aid issues.
The Deputy may also wish to note that, aside from the SBCI, there are significant Government measures to support the financing needs of SMEs that are facing challenges. These measures include the Supporting SMEs Online Tool, the Credit Guarantee Scheme, the Microenterprise Loan Fund, Local Enterprise Offices and the Credit Review Office.
The Supporting SMEs Online Tool is a cross-government initiative. By answering eight simple questions, SMEs will receive a tailored list of available Government supports to suit their needs. The Supporting SMEs Online Tool is available at www.supportingsmes.ie.
The Credit Guarantee Scheme encourages additional lending to small businesses by offering a partial Government guarantee to banks against losses on qualifying loans to eligible SMEs. Further information is available on the Department of Jobs, Enterprise and Innovation website.
The Microenterprise Loan Fund, administered by Microfinance Ireland, is an additional source of credit that provides loans for up to €25,000 to start-up, newly established, or growing micro enterprises employing less than 10 people. Microfinance Ireland works in partnership with the Local Enterprise Offices nationally to administer this fund (www.microfinanceireland.ie ).
The Credit Review Office (CRO) is another government initiative that helps SMEs who have had an application for credit of up to €3 million declined or reduced by the main banks, and who feel that they have a viable business proposition. This is a strictly confidential process between the business, the Credit Review Office and the bank. The CRO overturns more than 50% of appeals it receives. Further details are available at www.creditreview.ie
Another recent initiative is the €150 million Agri Cashflow Support Loan Fund announced in Budget 2017 and developed by the Department of Agriculture, Food and the Marine in conjunction with the SBCI. This fund will provide highly flexible, low interest loans to farming SMEs to assist them in addressing the current difficult market conditions and commodity price volatility.
Government has and continues to work to ensure that the wide range of State supports currently available are tailored so that they provide effective support to SMEs affected by emerging challenges.
107. Deputy Bernard J. Durkan asked the Minister for Finance if the refusal by insurance companies to cover properties in Sallins, County Kildare, has been brought to his attention, having particular regard to the fact that this refusal is on foot of the likelihood of flooding which no longer exists due to remedial action; and if he will make a statement on the matter. [12715/17]
Amharc ar fhreagraI am aware of the difficulties that the absence or withdrawal of flood insurance cover can cause to homeowners and businesses, and that is one of the reasons the Government has been prioritising investment in flood defences over the last number of years in order to minimise this likelihood. However, the provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. In my role as Minister for Finance, I have responsibility for the development of the legal framework governing financial regulation, and neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products or have the power to direct insurance companies to provide flood cover to specific individuals or businesses.
While it is not possible for me to comment in detail on this matter in the absence of details of the particular properties in Sallins, I have been advised by the Office of Public Works that a grant of €500,000 to Kildare County Council was approved on 1st June 2010 for funding towards Flood Alleviation Works, under the Minor Flood Mitigation Works Scheme. Kildare County Council has confirmed that by 2012, this 'Culvert Upgrade and Embankment at Sallins' project was completed which aimed to reduce the risk to the Waterways Estate in particular. I understand that these works were completed to the 1:100 year flood event standard.
Insurance Ireland has informed me that its members, since 1 June 2014, have factored data on all completed flood defence schemes, provided by the OPW, into its assessment of flood risk within these areas. This information has been provided as part of an information sharing arrangement entered into between OPW and Insurance Ireland (Memorandum of Understanding). The nature of this arrangement is such that it should lead to a greater availability of flood cover in previously higher risk areas, and at better prices.
The most recent Insurance Ireland survey of approximately 85% of the property insurance market in Ireland indicates that of the 16 completed defence schemes, 90% of policies in areas benefitting from permanent flood defences include flood cover, while 77% of policies in areas benefitting from demountable defences include flood cover. The particular issues in relation to the remainder of policies are actively being explored with the insurance industry through a working group in which the OPW, the insurance industry and the Department of Finance participate. Further meetings of this group are scheduled this month.
Finally, you should be aware that a consumer can make a complaint to the Financial Services Ombudsman in relation to any dealings with a Financial Services or Insurance provider during which they feel they have been unfairly treated. In addition, individuals who are experiencing difficulty in obtaining flood insurance or believe that they are being treated unfairly may contact Insurance Ireland which operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to insurance.
108. Deputy Catherine Murphy asked the Minister for Finance the number of freedom of Information requests received by his Department that the Chief State Solicitor's Office has incurred expenses on dealing with for each of the past three years and to date in 2017; and the amount of fees for counsel and other legal costs incurred respectively, for each of the past three years and to date in 2017. [12775/17]
Amharc ar fhreagraIn response to the Deputy's question, my Department has not received any FOI requests that the Chief State Solicitor's Office have incurred expenses on dealing with for each of the past three years to date in 2017. No other legal costs have been incurred in relation to FOI requests within this time period. The Department's internal Legal Unit provides ad-hoc legal support to Deciding Officers and Internal Reviewers in relation to FOI where appropriate.
109. Deputy Noel Rock asked the Minister for Education and Skills the amount the State has received to date from the European Social Fund and the Youth Employment Initiative in an effort to tackle youth unemployment; and if he will make a statement on the matter. [12536/17]
Amharc ar fhreagraThe Youth Employment Initiative (YEI) allocation for Ireland is €68m. This amount matched by equal amounts from our European Social Fund (ESF) allocation and from the Exchequer, giving an overall allocation of €204m. The YEI is integrated into ESF programming as a dedicated priority axis within the ESF Programme for Employability, Inclusion and Learning (PEIL) 2014-2020. Seven actions were originally selected for YEI funding, namely the Back to Work Enterprise Allowance; JobBridge; JobsPlus Incentive Scheme; Tús; Youthreach, Social Inclusion and Community Activation Programme and Momentum. These actions are underway and are being fully funded up-front by the Exchequer.
This funding is available for drawdown before the end of 2018 and while a claim for funding has not been made to date it is expected that the funding will be fully drawn down. The ESF Managing Authority and the Operational Programme Monitoring Committee (PMC) maintain an ongoing overview of the funding allocations under the PEIL and will re-allocate the available funding as required, in accordance with the EU Regulatory provisions. The PMC has agreed in principle to the inclusion of the Community Training Centres, which are funded by the ETBs in consultation with SOLAS, as an approved activity under the YEI with effect from 1 January 2017.
The ESF co-financed Programme for Employability, Inclusion and Learning (PEIL) for the period 2014-2020, contains a total budget of €1.153 billion, comprising ESF and Exchequer contributions of €542.43m each and an EU Youth Employment Initiative (YEI) budget contribution of €68.145m. The overall YEI allocation is €204m. The PEIL includes proposed allocations for over 20 activities, including the YEI, being implemented across a range of bodies.
While no claim for funding has been made to date, it is expected that the funding allocated will be fully drawn down during the programming period. Furthermore, as the activities concerned are fully funded up-front by the Exchequer there is no resulting reduction or delay in the funding available to those activities.
The ESF Managing Authority, within my Department and the Operational Programme Monitoring Committee (PMC) maintain an ongoing overview of the funding allocations under the PEIL and will re-allocate the available funding as required, in accordance with the EU Regulatory provisions, over the lifetime of the PEIL.
Under the ESF Regulations, initial and annual pre-financing is provided by the Commission, resulting in receipts of €51.8m for the PEIL to date. Of this €51.8m, €28.3m relates to ESF advances and €23.5m relates to YEI advances. €20.4m (€18m ESF and €2.4m YEI) of these receipts have been distributed, while the remaining €31.4m (€10.3m ESF and €21.1m YEI) has or will be reimbursed to the Commission in the absence of a claim being made. Work on the designation of the relevant ESF authorities, including the provision of a national computerised accounting and information system for EU funds to meet the 2014-2020 functionality requirements is continuing.
I understand that my Department expects that this designation work will be completed in the coming months and that it is proposed to commence the preparation of a first interim claim for payment from the Commission once the process of designation has concluded. This claim will be made within the EU Regulatory deadlines to ensure no loss of ESF receipts.
110. Deputy Carol Nolan asked the Minister for Education and Skills if consideration will be given to allocating additional staff to the audit committee of ETBs in order to ensure that the unit is sufficiently resourced to undertake the extensive workload in an efficient and timely manner; and if he will make a statement on the matter. [12461/17]
Amharc ar fhreagraDepartmental Circular 0018/2015 - the Code of Practice for the Governance of Education and Training Boards (ETBs) - sets out the terms of reference for Audit Committees established by ETBs including their authority and duties. The Audit Committee should consist of six members, at least three of whom are not members of the Board.
The Code provides that the Chief Executive of each ETB will make the necessary arrangements for the administrative requirements of the Audit Committee, including the issue of meeting agendas, briefing documents etc. in advance and in a timely manner to Audit Committee members.
My Department is in the process of carry out a review of the current Code of Practice for the Governance of Education and Training Boards and the arrangements for Audit Committees will be considered as part of this review.
111. Deputy Carol Nolan asked the Minister for Education and Skills if the new resource allocation model will include an appeals mechanism; and if he will make a statement on the matter. [12465/17]
Amharc ar fhreagra121. Deputy Carol Nolan asked the Minister for Education and Skills when the circular for the new resource allocation model will be sent to schools and published on his Department's website; and if he will make a statement on the matter. [12475/17]
Amharc ar fhreagraI wish to advise the Deputy that new Circulars which provide details of the scheme for the new model for allocating special education teachers to mainstream schools have now been published on my Departments website. DES Circular 0013/2017 provides details for primary schools while DES Circular 0014/2017 sets out the position for post primary schools.
Schools will also receive details of their allocations under the new model this week.
The aim of this new model is to deliver better outcomes for children with special educational needs. Substantial research, analysis, consultation with service users and stakeholders, and piloting have gone in to the development of this model and all the evidence points to the fact that this new system will deliver better outcomes for children.
No school will lose supports as a result of the implementation of the new model. In addition, no school will receive an allocation, for the support of pupils with complex needs, less than the allocation they received to support such pupils during the 2016/17 school year. No allocation made for such pupils by the NCSE will be removed from schools as long as that pupil remains in the school.
An additional 900 teaching posts will be provided to support the introduction of this new allocation model. The provision of an additional 900 teaching posts is a very significant investment in the provision of additional teaching support for pupils with special educational needs in our schools. This is additional to an increase of 41% in the number of resource teachers allocated to schools annually by the NCSE since 2011, when 5265 teachers were allocated, as opposed to provision for 7542 posts in the current school year.
The additional funding will provide extra supports to over 1000 schools who are identified as needing additional supports as a result of the new model. Supports for children with special educational needs is a huge priority for this Government. We currently spend over €1.6 billion, or one fifth of the total education budget, on supports for children with special educational needs.
This investment will ensure that all schools receive a sufficient allocation of special education needs resources to provide additional teaching support to all pupils who require such support.
Under the new allocation model, schools will be provided with a total allocation which includes a baseline allocation for the school and an allocation based on the school profile.
The provision of a profiled allocation will give a fairer allocation for each school which recognises that all schools need an allocation for special needs support, but which provides a graduated allocation which takes into account the actual level of need and pupils in each school.
Schools will be frontloaded with resources, based on each school's profile, to provide supports immediately to those pupils who need it without delay. This will reduce the administrative burden on schools as they will no longer have to complete an application process annually and apply for newly enrolled pupils, or pupils transferring in to the school, who require resource hours. Children who need support can have that support provided immediately rather than having to wait for a diagnosis.
DES Circulars 0013/2017 and 0014/2017 outline the basis on which the Education Research Centre determined the allocations for all schools.
Schools will be able to appeal whether the data used to calculate their school profile was correct and complete and whether it was correctly applied in the calculation of their 2017/18 allocation.
In advance of the submission of an appeal, schools should read carefully the DES circulars and in particular the relevant section, which relates to the breakdown of the allocation, which may be under consideration for appeal.
Taking this into account, the NCSE will publish details of the appeals process on the NCSE website: www.ncse.ie on 20th March 2017. Should a school wish to appeal they should do so by March 31st 2017.
The appeal will consist of a review of whether the correct data was correctly applied to one, or all, of the components of the schools profile and a correct allocation made. It is envisaged that decisions on the appeals will issue to the relevant schools by 31st May 2017.
112. Deputy Carol Nolan asked the Minister for Education and Skills the safeguards that are in place to protect the intellectual property developed in third level institutions in the context of spin-out companies and other commercialisation of research; and if he will make a statement on the matter. [12466/17]
Amharc ar fhreagra114. Deputy Carol Nolan asked the Minister for Education and Skills if there is a legislative requirement on a shareholder of a spin-out company established by a third level institution who is also a member of the staff, board or governing body of the same institution to declare an interest in the shareholding; and if he will make a statement on the matter. [12468/17]
Amharc ar fhreagra115. Deputy Carol Nolan asked the Minister for Education and Skills if it is a legal requirement that all third level institutions must have a policy governing the conflict of interest of members of staff, board members or members of a governing authority generally and more specifically in the case of spin-out companies; and if he will make a statement on the matter. [12469/17]
Amharc ar fhreagra116. Deputy Carol Nolan asked the Minister for Education and Skills if there is a legal framework in place to ensure that staff or those in paid positions of authority within third level institutions who have direct access to and knowledge of research and intellectual property of the third level institution are prevented from making personal gain through the sale or development of the research or intellectual property or through obtaining shareholdings in a company which subsequently profits from the sale or development of the research or intellectual property, if concerns have been raised with his Department in respect of issues of this nature; if a body within his Department has been tasked with oversight of the establishment of spin-out companies; and if he will make a statement on the matter. [12470/17]
Amharc ar fhreagra118. Deputy Carol Nolan asked the Minister for Education and Skills if it is normal practice that paid members of staff of third level institutions would become shareholders of companies or other structures established to exploit the commercialisation of the research of the institution in which they are employed; if such shareholdings would be in conflict of interest of the position of employment within the institution; and if he will make a statement on the matter. [12472/17]
Amharc ar fhreagraAs a country, Ireland has invested significantly in building research capacity in strategic areas allied to industry needs. This includes investment in top quality researchers, physical infrastructure, equipment and structures to commercialise research.
Investment in research is key element of overall enterprise policy and seeks to drive innovation and competitiveness in business and the public sector and enable the creation of sustainable jobs. Higher education institutions are central to the delivery of this ambition.
In that context, the Deputy may already be aware that the national IP Protocol “Putting public research to work in Ireland” was developed by a task group comprised of leaders from industry, the investment community and TTOs in 2012. The new protocol built on earlier guidelines and codes of practice, using the lessons learned from their use.
In 2013 the Government established a centralised function with responsibility for technology transfer in the State which led to the creation of Knowledge Transfer Ireland, launched in May 2014. Knowledge Transfer Ireland (KTI) now has responsibility for setting direction for research performing organisations (RPOs) best practice to enable compliance with IP policy and procedures.
The publication of the national IP protocol in 2012, and its subsequent refresh in 2016, sought to establish policy and guidelines on the interactions between industry and Ireland’s Higher Education Institutes, including the treatment of intellectual property. It provides guidelines and sets expectations for the RPOs and for industry.
The national IP Protocol 2016 comprises two volumes:
- the National IP Protocol policy document which sets out the framework underpinning research collaboration and access to intellectual property from state-funded research
- the IP Protocol Resource Guide which provides an overview of the national IP management guidelines and links to resources and template documents, available for industry and RPOs. It also provides an overview of the knowledge transfer structures in Ireland and the kinds of agreements that can be used to formalise research-industry engagements.
The protocol explains the National IP Management Requirements and requires that RPOs have in place and operate internal IP management systems that meet or exceed these. The protocol also includes “good practice” that will normally be followed. However, industry and RPOs are free to adopt a different approach where this is in the best interests of successful relationships and research commercialisation. Practices are also highlighted that may be followed if industry / RPOs choose to do so.
The IP Protocol is a key reference source for Ireland’s HEIs and research funders. HEIs have developed IP policies that are in line with national guidelines and good practice. These will include policy on spin-out formation. The detail of policies will differ amongst institutions.
The research funding agencies for the publicly funded research system all require that the higher education institutions own the intellectual property arising from research projects that they fund. Each University and IoT has a set of policies that cover how they will govern the use of that IP.
The national IP Protocol explains that commercialisation may benefit HEIs and provide incentives to the researchers involved in creating IP. IP may include protectable IP and know-how. Furthermore, the national IP management requirements make provision for HEIs to have in place a system for sharing of income from commercialising within the organisation, including with relevant researchers.
It is international practice that researchers may hold shares in spin-out companies. The national IP Protocol makes it clear that HEIs should have policies and procedures in place that minimise or manage potential or actual conflicts of interest concerning the commercialisation of IP.
The IP Protocol (National IP Management Requirements) refers to conflict of interest as it applies to commercialisation of IP.
The national IP Protocol is clear on the policy and processes to identify, protect and commercialise IP that arises in HEIs. This includes guidance on licensing of IP. A suite of Model Agreements, available for use if HEIs and companies choose, covering a range of IP licensing scenarios is available on the KTI website.
In addition, all HEIs are requested yearly as part of their governance statements to state that a code of conduct for Governing Body members and a Code of Conduct for Employees have been adopted and are being monitored. Guidelines for these codes are included in the IOT and University Codes of Governance (section 3.2).
The University Code of Governance has been implemented since 2007 and was updated in 2012. A copy of the code is available here: http://www.hea.ie/sites/default/files/university_code_of_governance_2012.pdf.
The Institutes of Technology Code of Governance published in 2012 replaces an earlier document published in 2003: A copy of the code is available here:
http://www.hea.ie/sites/default/files/code_of_goverance_jan_2012final_updated_0.pdf.
At institutional level, the Code of Conduct for employees and members of governing authorises would include statements related to conflict of interest and outside employment.
For example, one institution policy states:
“Any employment, business or professional interest, including shareholdings, directorships, professional relationships and so forth that could involve a conflict of interest or could materially influence the member in relation to the performance of his/her functions as a member of the Authority. If, during the duration of his/her membership any new development on the lines outlined above transpires, the member should advise the Secretary.”
Implementation of the policies and procedures outlined above are a matter for the institutions in the first instance. My officials have been made aware that there is an internal review underway in one institution with a view to confirming that the institution’s interest had been appropriately represented and protected, all relevant policies, protocols and procedures had been complied with and satisfactory governance processes had been applied.
113. Deputy Carol Nolan asked the Minister for Education and Skills if he will provide a list of all spin-out companies established by third level institutions; and if he will make a statement on the matter. [12467/17]
Amharc ar fhreagraStart-ups are a powerful engine of job creation and economic growth throughout the country. Knowledge Transfer Ireland (KTI), in conjunction with the HEA, publishes an Annual Knowledge Transfer Survey (AKTS) to collect information on those spin-out companies that were reported as “active” at year end.
As reported in the most recent survey, there were 110 active spins outs in 2015, that is, those in existence for at least three years and with turnover and/or investment and at least one full time equivalent. The number of active spins outs from Public Research Organisations has increased from 78 in 2013 to 110 in 2015. In the period 2013 -2015, one-third of active spin-outs were reported to be in the ICT sector. Not all active spins outs become Enterprise Ireland clients.
In 2016, 15 spin-outs from third level institutes were part of Enterprise Ireland’s HPSU Class of 2016, the highest ever achieved in a single year. It is the policy of Enterprise Ireland not to release lists which details company names (except in the case of the Annual Report or where prior permission has been granted by the company).
An overview of knowledge transfer activities is included in the second Higher Education System Performance Report which was published in December 2016 and is available to download at http://www.education.ie/en/Publications/Education-Reports/Higher-Education-System-Performance-2014-2016.pdf.
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Name |
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Ecovolve Ltd |
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GreenEgg Technologies Ltd |
|
Decawave Ltd |
|
Moletest Ltd |
|
Brim Brothers |
|
Sonic Ladder Ltd (t/a Riffstation) |
|
Radical Coatings Ltd |
|
IGeotech Technologies Ltd (t/a iGeotec) |
|
Neuromod Devices Ltd (formerly Mutebutton) |
|
Beemune Ltd |
|
Vornia Ltd (t/a Vornia Biomaterials) |
|
Orbsen Therapeutics Ltd. |
|
Peracton Ltd. |
|
Analyze IQ Ltd. |
|
QPercom Ltd. |
|
Theta Chemicals. Ltd. |
|
Majih Ltd t/a Insight Statistical Consulting |
|
Crème Software Limited |
|
Sonitus Systems Ltd |
|
New Game Technologies Ltd (t/a Swrve) |
|
EmpowerTheUser Ltd |
|
Miravex Limited |
|
BioCroi Limited |
|
Solvotrin Therapeutics Ltd |
|
Haunted Planet Studios Ltd |
|
Tolerant Networks Limited |
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Glanta Ltd |
|
Xcelerit Computing Limited |
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Identigen |
|
Eneclann Ltd |
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Trino Therapeutics Ltd (previously Pharmatrin Ltd) |
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Eblana Photonics Ltd |
|
Genable Technologies Ltd (Optigen Patents) |
|
Cellix Ltd. |
|
Opsona Therapeutics Ltd |
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Nanocomms Limited (now Biosensia) |
|
Sensl Technologies Limited |
|
Alimentary Health Limited |
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Clinical Support Information Systems |
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Infiniled Limited |
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Keelvar Systems Limited |
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Luxcel Biosciences Limited |
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Cylon Controls |
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AP EnvEcon Ltd. (t/a EnvEcon) |
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Oncomark Ltd. |
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Advanced Diagnostics Laboratory Ltd |
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HeyStaks Technologies Ltd |
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BioPlastech Ltd. |
|
Equinome Ltd (trading as PlusVital) |
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Crop Research Ltd |
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Capstan Healthcare Ltd |
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Revelops Ireland Ltd, (formely Jlizard Ltd, also t/a Logentries, RAPID7) |
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Bemstech Ltd. |
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City Analysts Ltd. |
|
Aquens Ltd |
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Java Clinical Research Ltd |
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Bioobservations Systems Limited (t/a Pixalert) |
|
Ildana Biotech Ltd. |
|
Enzolve Technologies Ltd |
|
Berand Ltd |
|
LearnOpt Ltd |
|
Crescent Diagnostics Ltd. |
|
Powervation Ltd. |
|
Cauwill Technologies Ltd. |
|
Bearna Medical Ltd. |
|
Headway Software Technologies Ltd (t/a Structure101) |
|
Zolk C Ltd |
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FeedHenry Ltd |
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Pilot Photonics Ltd |
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Xcelerator Machine Translations Ltd (t/a KantanMT) |
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Optiwifi |
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Exergyn former Aries Engineering Innovation Ltd (t/a Clear Angle Technologies) |
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Relational Frame Training |
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Profector Life Sciences (Avectas Ltd) |
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ISAAT Technologies Ltd |
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MDG Web Ltd. (previously Seevl) |
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NVP Energy Ltd. |
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PixelPuffin Ltd |
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Trimod Therapeutics Ltd. |
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Neuropath Therapeutics Ltd |
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TEL Magnetic Solutions Ltd. (was Magnetic Solutions ltd) |
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AllegroTechnologies Ltd (Deerac Fluidics) - now Labcyte Europe Ltd |
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Havok (Telekinesis Research Ltd) |
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Anabio Technologies Limited |
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Metabolomic Diagnostics |
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Pilot Photonics Ltd |
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Applied Process Consulting Ltd. |
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Belfield Technologies |
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NewLambda Technologies |
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Wattics |
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Rosetta Foundation |
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Niche Protein |
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Votechnik (was ALR Innovations) |
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POLY PICO TECHNOLOGIES LIMITED |
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Optrace Ltd |
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Vizolve t/a SeeSearch |
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Reflective Measurement Systems Ltd |
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Microgen Biotech Limited |
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Kelada Pharmachem Limited |
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Trinity Stamina Ltd |
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SilverCloud Health Ltd |
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Forkstream Ltd. |
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Stair: An Irish Public History Company Ltd. |
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Equilume Ltd. |
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Atlantia Food CRO |
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Sonex Metrology Ltd |
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TradersNow Ltd |
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Socowave Ltd |
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Mitamed Limited |
|
Nubiq Technology Ltd |
