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Tuesday, 3 Oct 2017

Written Answers Nos. 82-101

Departmental Communications

Ceisteanna (82, 83, 84, 85, 86, 87, 88, 89)

Micheál Martin

Ceist:

82. Deputy Micheál Martin asked the Taoiseach if he will report on the recent tenders issued by his Department for research. [41253/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

83. Deputy Micheál Martin asked the Taoiseach the way in which the strategic communications unit will have a whole-of-Government approach; if this will be through press offices or political press, special advisers or policy advisers; and if there will be a distinction between the official roles of each Government Department and the political staff in each Department. [41255/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

84. Deputy Micheál Martin asked the Taoiseach further to Parliamentary Question No. 86 of 20 September 2017, the countries or governments to which he is referring with regard to best international practice on strategic communication. [41256/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

85. Deputy Micheál Martin asked the Taoiseach if the high-level working group on the strategic communications unit has been set up; and if so, the members who are part of the group. [41258/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

86. Deputy Micheál Martin asked the Taoiseach if the request for the strategic communications unit came from within the Civil Service. [41259/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

87. Deputy Micheál Martin asked the Taoiseach if the operating principles for the strategic communications unit have been drawn up; and if he or his advisers will be consulted on same. [41260/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

88. Deputy Micheál Martin asked the Taoiseach if the network of communications professionals will be part of the Civil Service or inclusive of both the Civil Service and political staff. [41261/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

89. Deputy Micheál Martin asked the Taoiseach the way in which the strategic communication unit will result in reduced expenditure. [41262/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 82 to 89, inclusive, together.

The work of the Government is vast - over 200 different Government bodies constantly producing and updating policies and services, while initiating and running a variety of separate information campaigns annually.

Despite extensive investment in communications, it can sometimes be difficult for the public to access the appropriate, up-to-date Government information they require.

There is a need for greater co-ordination and simplification of Government communications, to make it easier for people to understand what is happening, what Government is doing, and the full range of state services - both current and new - that are available. The new Strategic Communications Unit aims to help achieve that.

Two projects are underway to inform the work of the unit in streamlining communications across Government Departments: an audit of current Government communications, and a survey to help us learn more about public awareness and understanding of Government services. This is not a new thing and is not a major change.

The audit of Government services is being handled internally.

Working with the Office of Government Procurement, a request for the services of a company to complete the public awareness survey has now been issued.

A whole-of-government approach is an integral part of the Strategic Communications Unit’s work.

I decided to establish the Strategic Communications unit, which has been integrated within the Civil Service structures in the Department of the Taoiseach.

The Civil Service Management Board, CSMB, considered this matter last week, and decided to establish a subgroup of the CSMB which will act as the high-level working group. It will be chaired by the Secretary General to the Government and the membership will be finalised shortly. This initiative will be progressed as part of the Civil Service Renewal Programme.

All three of the main workstreams of the Unit have a whole-of-government approach. The Unit is working with all Departments and Agencies to help streamline the range of websites and channels used for Government communications, with a view to helping citizens better understand the range of services available to them.

In partnership with the relevant Departments, the Strategic Communications Unit will proactively identify, develop and deliver major cross-Government, citizen-centred communications campaigns.

To help improve effectiveness, efficiency and cross-Government collaboration, the Strategic Communications Unit will also work to increase the skills capacity of those working in this area across Government. As part of this work, a network of communications officials across Government will be developed to share best practice and develop a continuing professional development programme, CPD, for Government communications. This network of communications professionals will comprise the communications personnel within the civil and public service and will not include politically appointed personnel.

The operating principles for the unit are being finalised and will ensure that it does not engage in any party political work.

Ireland should aspire to meeting best international practice for Government communications, and we are seeking to draw on the experience of other countries in this regard. Other Governments who have undertaken this kind of work include the UK, the Netherlands, Denmark and Estonia and some further afield including New Zealand and Canada.

Through a combination of all three elements of the Unit’s workplan (streamlining communications; delivering major cross-Government campaigns; and improving the communications capacity across Government), it is envisaged that the work of the Unit will deliver savings and efficiencies in communication expenditure for Government.

It is intended that targeted savings will be delivered through efficiencies generated through cross-governmental collaboration on major campaigns, more efficient use of technology platforms, consolidated media buying, efficient third-party contract management, rationalising design projects, streamlining participation in national events, and increased communications capacity within Departments.

Departmental Websites

Ceisteanna (90)

Micheál Martin

Ceist:

90. Deputy Micheál Martin asked the Taoiseach if his Department's website is being updated; the cost of same; the last time it was reviewed and updated; and the cost of same at the time. [41263/17]

Amharc ar fhreagra

Freagraí scríofa

My Department's website, www.taoiseach.gov.ie, is not currently being updated. The last time my Department's website was updated was in 2013 at a cost of €9,014.50.

Dublin-Monaghan Bombings

Ceisteanna (91)

Micheál Martin

Ceist:

91. Deputy Micheál Martin asked the Taoiseach if he has discussed the Dublin-Monaghan bombings with Prime Minister May. [41265/17]

Amharc ar fhreagra

Freagraí scríofa

I have raised the Dublin/Monaghan Bombings and other legacy cases with Prime Minister May and have stressed the importance of making progress on legacy issues and the overall arrangements for dealing with the past.

The Government will continue to engage with the British Government in relation to the Dublin-Monaghan bombings, and pursue all possible avenues that could achieve progress on this issue, consistent with the request made by the Dáil, and in the hope that this could bring some measure of closure to the families.

Taoiseach's Communications

Ceisteanna (92)

Micheál Martin

Ceist:

92. Deputy Micheál Martin asked the Taoiseach if he has spoken or written to Chancellor Merkel regarding her re-election. [41266/17]

Amharc ar fhreagra

Freagraí scríofa

I wrote to Angela Merkel on 26 September to congratulate her on her re-election and her fourth term as German Chancellor. I also had the opportunity to speak with the Chancellor in the margins of the Digital Summit in Tallinn last week, when I offered my congratulations in person. I thanked her for her support to date in relation to Ireland's particular concerns arising from Brexit, and said that I looked forward to continuing to work closely with her in addressing the issues that shape the future of our shared Union.

Departmental Reports

Ceisteanna (93)

John Lahart

Ceist:

93. Deputy John Lahart asked the Taoiseach further to Parliamentary Question No. 98 of 20 September 2017, if the funding for the implementation of the Mulvey independent report on the North East Inner City has reduced in 2017 relative to 2016; and if so, the reason for this. [41267/17]

Amharc ar fhreagra

Freagraí scríofa

The 2016 funding for the North East Inner City was not allocated for the implementation of the Mulvey Report which was published in 2017. Following the initiation of the work in the North East Inner City in June 2016, a number of short-term measures were announced to meet some of the obvious immediate needs of the area.

These measures included much needed physical improvement works to the area, some additional sports facilities and supports for community projects. Following the publication of the report and the establishment of the Programme Implementation Board in June 2017, the focus is now on planning and implementing actions for the longer term.

The Mulvey Report was clear in stating that an innovative and radical approach is required to bring about sustainable change and that more of the same activity is not the answer. With that in mind, the Board has agreed a number of measures to be funded in 2017 at a cost of €2.5 million which will bring some further immediate benefit for the area while dialogue continues with the community through the newly established structures on planning for the long term.

Local Enterprise Offices Establishment

Ceisteanna (94)

Fergus O'Dowd

Ceist:

94. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Business, Enterprise and Innovation if she has given consideration to the setting up of a local enterprise office in Drogheda (details supplied) as part of a collective response to Brexit; and if she will make a statement on the matter. [41409/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Government Decision of April 2012 provided for the dissolution of the 35 County Enterprise Boards and the establishment of 31 Local Enterprise Offices, LEO, in each Local Authority area. On this basis, the LEO Louth was established in the County Council Offices in Dundalk. My Department has no current plans to deviate from this model.

The role of the Local Enterprise Offices, LEOs, is to promote entrepreneurship at the local level. The LEOs provide information, guidance and "soft" supports to anyone seeking to start or grow a business. Subject to certain eligibility, they offer direct grant aid to microenterprises (ten employees or fewer) in the manufacturing and internationally traded services sector which, over time, have the potential to develop into strong export entities.

In terms of specific Brexit supports, the LEOs are hosting information events around the country for core and non-core clients. The objective of these sessions is to enable companies to learn about the potential impacts and opportunities of Brexit, and to engage in a process of strategic planning to ensure their companies have a robust strategy in place. These sessions are supplemented by an online Brexit SME Scorecard that LEO clients can complete to self-assess their readiness for Brexit.

A key element of the range of LEO Brexit responses is a Lean4Micro programme, which was designed to encourage clients to adopt Lean business principles in their organisation to increase performance and competitiveness. Lean tools and techniques help companies to address competitiveness issues within their businesses by building the capability of their people to identify problems and improve operations. This programme is of benefit to all micro-enterprises, whether affected by Brexit or not.

Finally, along with the core LEO priming and business development grants, the LEOs are now offering two new funding programmes to assist micro-enterprises affected by Brexit. The Technical Assistance for Micro-exporters, TAME, grant is designed to help LEO clients to find new markets and exports by part-funding expenditure incurred investigating and researching export markets, e.g. exhibiting at Trade Fairs, preparing marketing material and developing websites specifically targeting export markets.

Enterprise Ireland will continue to work with client companies in line with the agency’s strategy of promoting start-ups, driving innovation and competitiveness and assisting companies with global ambition to export and diversify their global footprint. The agency will also continue to assist companies to navigate the challenges faced by Brexit. As part of this, the agency will run Brexit events in this region over the next few months.

IDA Ireland has set new and ambitious FDI targets for every region in the country. IDA North East Region comprises counties Louth, Cavan and Monaghan. There are 33 multinational companies based in the North East, employing 4,914 across the Region. The highest concentration of companies is located in Louth (21), Cavan (7) and Monaghan (5). IDA Ireland is constantly engaged with clients across its entire portfolio and in the months leading up to the UK referendum it engaged with clients and prospective clients in relation to the potential impact of BREXIT.

The North East/North West and Mid East Action Plans for Jobs are key policy responses for supporting employment growth across the nine counties in these regions, including counties Louth and Meath. The Local Authorities, enterprise agencies, and other key public and private sector stakeholders in both Louth and Meath have been strongly involved in, and are key drivers of, these Action Plans. The implications of the Brexit vote and the challenges and opportunities that the decision poses for the regions are discussed at all APJ Implementation Committee meetings.

Competition and Consumer Protection Commission

Ceisteanna (95)

Niall Collins

Ceist:

95. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation if her Department has examined empowering the Competition and Consumer Protection Commission to issue civil fines for anti-competitive practices; and if she will make a statement on the matter. [41477/17]

Amharc ar fhreagra

Freagraí scríofa

The issue of empowering the Competition and Consumer Protection Commission, CCPC, to issue civil fines has been examined by my Department.  The current legal position is that civil fines are not provided for in Irish law for anti-competitive practices. The Attorney General has previously advised my Department that providing for them would pose legal difficulties having regard to Article 38.1 of the Constitution, even at the level of a class A fine. In that context, any national legislation to introduce civil fines that would lower the burden of proof from beyond reasonable doubt to the balance of probability would pose constitutional difficulties having regard to the protection afforded in Article 38.1 of the Constitution.

On 22 March 2017, the Commission published a proposal for a Directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. One of the Directive’s aims is to ensure that all National Competition Authorities are able to impose effective deterrent fines. The proposal is currently being debated at the Council Working Group on Competition and is also being considered by the European Parliament.

I am aware that the Law Reform Commission published an Issues Paper entitled "Regulatory Enforcement and Corporate Offences" on 27 January 2016. The Issues Paper invited views on the supervisory and enforcement powers of the State’s main financial and economic regulators (including the Competition and Consumer Protection Commission) and the issue of administrative and civil fines was raised. I understand the CCPC made a submission to the Law Reform Commission on 19 September 2017 in response to the Issues Paper.  Any recommendations or proposals that may emanate from this exercise in due course will be carefully considered by my Department.

Competition and Consumer Protection Commission

Ceisteanna (96)

Niall Collins

Ceist:

96. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on whether the search powers of the Competition and Consumer Protection Commission, CCPC, are sufficient to investigate anti-competitive practices; if the CCPC is sufficiently empowered to carry out dawn raids in circumstances in which it suspects anti-competitive practices are taking place; if restrictions exist in this regard; and if she will make a statement on the matter. [41478/17]

Amharc ar fhreagra

Freagraí scríofa

The Competition and Consumer Protection Commission, CCPC, is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Its search powers for the purposes of investigating alleged breaches of competition law are set out in section 37 of the Competition and Consumer Protection Act 2014 (the “2014 Act”).  Section 37 of the 2014 Act gives the CCPC significant powers of entry, search and seizure in the context of competition law investigations.  For the purpose of obtaining any information which may be required in relation to a matter under investigation, these powers include the power (i) to enter a place (if necessary by reasonable force) and to search that place, (ii) to seize and retain books, documents or records found at the place, and (iii) to inspect and take copies of or extracts from any such books, documents or records.  In order to exercise these powers, the CCPC must first obtain a search warrant from the District Court.

The CCPC (and formerly the Competition Authority) has been very active in enforcing competition law.  To date, the CCPC and the Competition Authority have assisted the DPP in securing 35 convictions on indictment for cartel offences.  These cases have resulted in the criminal courts imposing fines totalling €646,500. This year also saw Ireland’s first conviction for bid-rigging following an investigation by the CCPC.

The CCPC’s search and seizure powers under section 37 of the 2014 Act were recently challenged by CRH plc. CRH brought an action in the High Court arising from an unannounced search carried out by the CCPC at the premises of CRH’s subsidiary, Irish Cement Limited, on 14 May 2015 as part of an ongoing investigation by the CCPC into alleged anti-competitive practices in the bagged cement sector. CRH argued that certain emails in the mailbox of one of the directors of Irish Cement, which had been seized by the CCPC during the search, were unrelated to the business of Irish Cement and were therefore not entitled to be seized.  The High Court ruled in favour of CRH in April 2016.  In May 2017, the Supreme Court dismissed an appeal brought by the CCPC against the High Court’s judgment.  I understand the CCPC is continuing to consider the Supreme Court’s judgment and to assess its implications for its investigative functions.

Ticket Touting

Ceisteanna (97)

Niall Collins

Ceist:

97. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the legislative and non-legislative proposals being considered by her Department to strengthen the regulation of the resale of tickets for entertainment and sporting events in view of the issues raised in correspondence (details supplied); and if she will make a statement on the matter. [41574/17]

Amharc ar fhreagra

Freagraí scríofa

My predecessor as Minister for Business, Enterprise and Innovation, Mary Mitchell O'Connor TD, published a consultation paper on the resale of tickets for entertainment and sporting events on 20 January 2017 along with the Minister for Transport, Tourism and Sport and the then Minister for Tourism and Sport. The 24 responses to the consultation were published on the Department's website on 9 May 2017. Officials of my Department are currently engaged in follow-up discussions with sporting bodies, event promoters, consumer bodies, primary ticketing service providers and secondary ticket marketplaces with a view to identifying possible measures aimed at helping ensure that ticket markets work better for consumers. My officials are also pursuing enquiries with public authorities in European Union member states with laws that prohibit or restrict ticket resale on the experience with, and effectiveness of, these laws.

On 26 January 2017, the Competition and Consumer Protection Commission, CCPC, announced that it had commenced an investigation into suspected breaches of competition law in relation to the provision of tickets and the operation of ticketing services for live events. At that time, the CCPC stated that the investigation would focus primarily on potentially anti-competitive conduct by operators including: those involved in providing tickets and ticketing services, promoters and venues. As part of the investigation, the CCPC stated that it had issued witness summonses and formal requirements for information to a number of parties involved in the sector.

The Competition and Consumer Protection Commission, CCPC, is the statutory body responsible for the enforcement of domestic and EU competition and consumer law in the State. Section 9(5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations of alleged anti-competitive practices. As investigations and enforcement matters generally are part of the day-to-day operational work of the CCPC, I, as Minister for Business, Enterprise and Innovation have no direct function in the matter.

Labour Court Recommendations

Ceisteanna (98)

Eamon Scanlon

Ceist:

98. Deputy Eamon Scanlon asked the Tánaiste and Minister for Business, Enterprise and Innovation when an order to effect the terms of the Labour Court recommendation on construction workers' pay, as provided for in the Industrial Relations (Amendment) Act 2015, is expected to be laid before the Houses of the Oireachtas; and if she will make a statement on the matter. [41783/17]

Amharc ar fhreagra

Freagraí scríofa

In November 2016, the Construction Industry Federation made an application to the Labour Court to review the pay, pension and sick pay entitlements of craftsmen, construction operatives and apprentices in the Construction Sector. The Labour Court conducted its Review, which included a public consultation and a hearing of  interested parties, and submitted its recommendation on 13 July.

Having examined the Recommendation and being satisfied that the Court complied with the provisions of the 2015 Act, I accepted the Labour Court recommendation. A draft Order to give effect in law to the recommendation was laid before the Houses of the Oireachtas on 22 August. The Order cannot come into force until the approval of both Houses is obtained.

The draft Order is scheduled to be considered by the Joint Oireachtas Committee on Business, Enterprise and Innovation on 3 October. I expect that following consideration by the Committee, the draft Order will be referred back to the Houses of the Oireachtas with the necessary approval. This will allow me to sign a Commencement Order to give legal effect to the Order. It is my hope and expectation that the Order will come into effect within the next two weeks.

Primary Medical Certificates Eligibility

Ceisteanna (99)

John Brassil

Ceist:

99. Deputy John Brassil asked the Minister for Finance his plans to correct the anomaly that prevents persons with intellectual disabilities from applying for the primary medical certificate; and if he will make a statement on the matter. [41521/17]

Amharc ar fhreagra

Freagraí scríofa

The Disabled Drivers and Disabled Passengers Scheme provides relief from VAT and Vehicle Registration Tax, an exemption from motor tax and a grant in respect of fuel expenditure, on the purchase of an adapted car for transport of a permanently and severely disabled person within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

The scheme and qualifying criteria were designed specifically for those with severe physical disabilities and are, therefore, necessarily precise. To qualify for the scheme an applicant must be in possession of a primary medical certificate, which can be obtained if an applicant meets one of the following conditions:

- be wholly or almost wholly without the use of both legs;

- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

After six months an unsuccessful applicant can re-apply if there is a deterioration in their condition.

From time to time representations are received on behalf of individuals who feel they would benefit from the scheme but do not qualify under the criteria.  While I have sympathy for these cases, given the scale and scope of the scheme, I have no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

Tax Credits

Ceisteanna (100)

Michael Healy-Rae

Ceist:

100. Deputy Michael Healy-Rae asked the Minister for Finance if the earned income tax credit will be increased to the same level as the PAYE credit; and if he will make a statement on the matter. [41822/17]

Amharc ar fhreagra

Freagraí scríofa

The Earned Income Credit was introduced in Budget 2016 and then increased in Budget 2017.  The tax credit 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 income from their business. The credit provides a significant benefit to small business-owners right across the country including small retailers, publicans, farmers and tradesmen. It is estimated that approximately 147,500 income earners are currently in a position to benefit from the credit.

In Budget 2017, the Earned Income Credit was increased in value from €550 to €950.

I am considering a range of matters in the run up to Budget 2018, including the position regarding the Earned Income Credit.  As is customary, however, no specific decisions will be announced in advance of Budget day.

EU Directives

Ceisteanna (101)

Noel Grealish

Ceist:

101. Deputy Noel Grealish asked the Minister for Finance the position regarding the transposition of the Insurance Distribution Directive; if it will be transposed on or before the EU deadline of 23 February 2018; if it will be delayed by up to a year; and if he will make a statement on the matter. [41235/17]

Amharc ar fhreagra

Freagraí scríofa

The Insurance Distribution Directive was published in the Official Journal of the European Union in February 2016 and must be transposed into Irish law by 23 February 2018. It will replace the Insurance Mediation Directive which was adopted in 2002 to regulate point of sale insurance products and will create a single market for the sale of insurance products. The Insurance Distribution Directive aims to further enhance consumer protection and ensure a level playing field by extending the scope of the directive to include all sales of insurance products. It will also seek to identify and mitigate conflicts of interest in particular in the area of commissions, as well as strengthen administrative sanctions.

The necessary work to progress the transposition of the Insurance Distribution Directive is continuing. In this regard, my Department is working closely with the Office of the Parliamentary Council and the Central Bank of Ireland to complete the work on the transposing regulations in advance of the deadline of 23 February 2018.

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