Written Answers Nos. 42-61
42. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Business, Enterprise and Innovation the number of businesses engaged in cross-Border trade with Northern Ireland; the number of persons employed by these businesses; and the value of this trade in 2015, in tabular form. [48516/17]
Amharc ar fhreagraThe total value of goods exported from this jurisdiction to Northern Ireland in 2015 was €1.73bn.
Details on the number of businesses involved in this cross-border trade can be estimated by reference to the EU's system for collecting statistics on the movement of goods between its Member States. This system sets a threshold of €635,000 before exporters are required to make detailed returns (including data on products and destinations). Recent research indicates that there are 880 companies that import and/or export with Northern Ireland which are required to make such returns and they account for approximately 48% of the total exports to Northern Ireland. In addition, there are also smaller exporters whose activities fall below that threshold and for whom more precise details are not currently available. Total employee numbers for all the exporting companies are also not currently available.
My Department has helped to fund research, commissioned by InterTrade Ireland and undertaken by the Economic and Social Research Institute, which examines North-South trade in the context of Brexit. The latest phase of that research is nearing finalisation and will be published shortly.
43. Deputy James Lawless asked the Tánaiste and Minister for Business, Enterprise and Innovation the funding agencies that are active here to support research and development activities; the criteria that are applied to funding applications in each case; and if she will make a statement on the matter. [48544/17]
Amharc ar fhreagraThe principal funding agencies for research and development operating under the aegis of my Department are Science Foundation Ireland (€162m grants budget in 2017) and Enterprise Ireland (€122m grants budget for RD&I activities in 2017). IDA Ireland also supports R&D activities as part of the grant support provided to its client base (approx. €60m annually in R&D grants).
Science Foundation Ireland
Science Foundation Ireland (SFI) is the national Foundation for research here in Ireland with a grants budget of €162m in 2017.
Science Foundation Ireland provides funding across the entire research career lifecycle ranging from early-stage researchers to mid-stage career researchers and from emerging research stars up to established highly-esteemed research leaders through the provision of individual and collaborative grant awards. All research funding decisions made by SFI are based on rigorous international peer review processes. This process ensures that the agency is not only funding research that is excellent at an Irish level, but that it is world leading as reviewed and agreed by international field specific leaders.
Science Foundation Ireland currently operates approximately 25 funding schemes, offering a balanced portfolio of programmes. Many of these programmes involve national and international collaborations incorporating small as well as large companies; charities; international funders as well as national funders such as Teagasc, the Marine Institute, Environmental Protection Agency, Health Research Board, etc. Each of the schemes have varying review and eligibility criteria attached to them and are based on the objective, award level and complexity of the programme. There are also a number of core applicant eligibility criteria applied to each programme. Each programme has a Call Document which outlines the eligibility criteria for that specific programme. Due to the large number of funding schemes and programmes operated by SFI, and the different eligibility criteria attached to each one, it has not been possible to represent this information here. The Deputy can however view all the information in relation to each Programme Call by accessing the following link at: www.sfi.ie/funding/funding-calls/.
Enterprise Ireland
Enterprise Ireland also provides Innovation supports to assist companies with product, process and service development. These supports position companies to deal with their key challenges from access to new technologies and skills to being better positioned to adapt to economic and market changes. This is done either by supporting companies to do RDI within the company, or by collaborating with Higher Education Institutions (HEIs) or by sourcing or licensing new technologies from HEIs which can provide a step change in their innovative capabilities. These supports all help companies to develop new and improved products and services which serve as the basis for sustainable economic growth.
Enterprise Ireland operates a range of supports to help companies at all stages of growth and sophistication to engage in RDI.
In general, Enterprise Ireland’s application processes include the following application criteria:
- Applicants must show evidence of a commercial market for the proposed product or service.
- Applicants must prove that they will develop a business that is built upon on a strong foundation of innovation and/or technology.
- Applicant companies must be Irish based manufacturing or internationally traded services company which can show adequate cash resources to implement the proposed project
I have set out in a separate Appendix provided to the Deputy a menu of the other supports available from Enterprise Ireland to companies. This is due to the large amount of information involved. This information includes details and eligibility criteria in relation to the following schemes or programmes including: In Company RD&I; Commercialisation Fund; Innovation Vouchers; Innovation Partnerships; Technology Gateways; Technology Centres; Campus Incubators; Horizon 2020; SME Instrument and High Potential Start-Up Support for Companies. I trust that this information will fully address the Deputy’s question.
44. Deputy James Lawless asked the Tánaiste and Minister for Business, Enterprise and Innovation the extent to which philanthropy or external non-State support is available to support research and development activities here; the agencies or organisations that are involved in such projects; the criteria that are applied to funding applications in each case; and if she will make a statement on the matter. [48545/17]
Amharc ar fhreagraI wish to advise the Deputy that I am addressing this question in the context of which monies have been provided by my Department to the agencies and bodies under its aegis to support research and development activities. In this context, the information being provided relates to Science Foundation Ireland, Enterprise Ireland and PRTLI through the Higher Education Authority (HEA). Due to the large number of programmes and criteria involved, I have set out specific details for the Deputy in a separate Appendix which has been provided to him.
Science Foundation Ireland
Science Foundation Ireland (SFI) has demonstrated that the research groups which it funds leverage almost much funding from non-exchequer sources as they receive annually from SFI. In 2016, SFI funded researchers leveraged €133 million from non-exchequer sources from a total SFI grants budget of €184 million. The breakdown of the €133 million is provided as follows.
Funding Leveraged Non-Irish Exchequer
- Charity/Non-Profit Organisation (International): 1,617,986
- Charity/Non-Profit Organisation (Irish): 672,125
- European Union - variety of programmes: 71,370,495
- National Institute of Health USA (NIH): 3,247,667
- National Science Foundation US (NSF): 274,421
- Other International Interest Organisation: 1,938,169
- Other Source: 7,392,319
- Private Enterprise: 44,826,760
- Wellcome Trust: 2,094,121
- Grand Total: 133,434,062.
SFI has a number of programmes in place to encourage and facilitate leverage of funding from non-State sources. More detailed information is set out for the Deputy in the Appendix provided to him.
Enterprise Ireland
In addition, Enterprise Ireland (EI) also provides a number of innovation and development supports aimed at assisting companies with product, process and service development. These supports position companies to deal with key challenges from access to new technologies and skills to being better positioned to deal with economic and market changes. While most of Enterprise Ireland’s Research, Development and Innovation (RDI) activities are funded by the State, there are a number of examples of where Enterprise Ireland facilities companies and academics to access non-State supports from other sources of international funding. More detailed information is set out for the Deputy in the Appendix provided to him.
Programme for Research in Third Level Institutions (PRTLI)
The Programme for Research in Third Level Institutions has been an important funding programme in developing research capacity within the higher education system in Ireland. Approximately €1.2BN of public and private funding has been invested through over the five cycles of the Programme, since it’s commencement in 1998. This €1.2BN investment includes €277m of matching funding. This matching funding was derived from non-State funds, including private donations and own institution funds.
To date, PRTLI has brought together a significant base of both government and philanthropic funding to build research capacity and embed a research culture across the higher education sector. A particular feature of Cycles 1 -3 was the provision of philanthropic funding of €178m by Atlantic Philanthropies.
I am conscious of the impact that Exchequer funding has had in the past in enabling the attraction of other sources of funding for research and development activities in this State. State funded infrastructure and consortia are a key attractor of matching funds from private (non-State) sources. I am keen to ensure that future our future research and development activities continue to leverage investment from other sources.
45. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on whether a complainant is left without decision, remedy or route to pursue their grievance through the industrial relations mechanism of the State despite following the industrial relations mechanisms in circumstances in which an adjudication officer of the WRC states that they do not have jurisdiction to hear a case and, following appeal to the Labour Court, the Labour Court states that because no decision had been made by an adjudication office no appeal could therefore be brought before the court. [48554/17]
Amharc ar fhreagra46. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Business, Enterprise and Innovation if there are potential defects in the industrial relations mechanisms of the State, including the WRC and Labour Court, by which a complainant may possibly end up without a decision made on their grievance. [48555/17]
Amharc ar fhreagraI propose to take Questions Nos. 45 and 46 together.
Without specific examples of the issues involved I can only respond in general terms setting out the processes in place for dealing with grievances arising under employment and equality law and industrial relations.
Under the Workplace Relations Act 2015 (the 2015 Act) a new two-tier workplace relations structure to replace the previously existing five workplace relations bodies was established. A new single body of first instance called the Workplace Relations Commission (WRC) was created from 1 October 2015 and a separate appeals body, which is effectively an expanded Labour Court.
The WRC incorporates the functions of the Labour Relations Commission (including the Rights Commissioner Service), the Equality Tribunal, the Employment Appeals Tribunal (first instance jurisdiction only), and the National Employment Rights Authority (NERA). The Labour Court is now the sole appellate body for disputes under employment rights enactments.
The 2015 Act sets out in the Schedules to that Act a comprehensive list of the employment and equality legislation that the WRC is statutorily entitled to operate under. There is a broad suite of employment rights and equality legislation in place and complainants can make a complaint to the WRC under the various enactments for adjudication. The Act allows that either party may appeal a decision of an Adjudication Officer of the WRC to the Labour Court.
Adjudication Officers of the WRC are statutorily independent in exercising their decision making functions under the extensive suite of employment and equality legislation but will of course be subject to the underlying provisions and any limitations imposed by the specific legislation. For instance, under Unfair Dismissals legislation, an employee must, as a general rule, be employed for a year with the particular employer before a claim can be taken under that legislation. Should an individual seek a remedy under legislation that falls outside the remit of the WRC, of course this would fall outside the jurisdiction of an adjudication officer of the WRC.
In terms of industrial relations legislation, a dispute as defined in the Industrial Relations Acts may also be referred to the WRC under Section 13 of the Industrial Relations Act 1969. This is subject to both parties being agreeable to the case being heard by the WRC. In such event, the complaint will be investigated by an Adjudication Officer of the WRC and a recommendation will issue to the parties. However, if the respondent objects to the Adjudication Officer investigating the complaint, s/he cannot investigate the matter and the complaint can then be referred to the Labour Court under Section 20(1) of the Industrial Relations Act 1969 for investigation. An appeal against a recommendation of an Adjudication Officer under the Industrial Relations legislation must be made within six weeks of the making of the recommendation.
I should point out to the Deputy that the WRC and the Labour Court are independent in the exercise of their quasi-judicial functions.
As Minister, I am satisfied that the major reforms to the workplace relations structures put in place in 2015 has resulted in a robust and comprehensive system that allows for those with employment related grievances to seek and obtain redress in an expeditious manner.
47. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Business, Enterprise and Innovation the gender balance on each of the State boards under her remit, in tabular form. [48557/17]
Amharc ar fhreagraThe State Boards under the aegis of my Department are listed in the following table together with the make up of each Board broken down by gender.
The composition of the State Boards under the aegis of my Department, including gender balance is listed on the State Boards website: www.stateboards.ie.
|
Agency |
Number on Board |
Male |
Female |
|
Enterprise Ireland |
11 (plus 1 vacancy) |
6 |
5 |
|
Health & Safety Authority |
12 |
9 |
3 |
|
IAASA |
10 |
4 |
6 |
|
IDA Ireland |
11 (plus 1 vacancy) |
7 |
4 |
|
NSAI |
12 (plus 1 vacancy) |
6 |
6 |
|
PIAB |
11 |
7 |
4 |
|
Science Foundation Ireland |
12 |
7 |
5 |
|
WRC |
9 |
4 |
5 |
48. Deputy James Lawless asked the Tánaiste and Minister for Business, Enterprise and Innovation the functions of her Department that have been legally delegated to the Minister of State, Deputy John Halligan; the relevant delegation orders; and if she will make a statement on the matter. [48577/17]
Amharc ar fhreagraOn 26th July, the Government made orders for the delegation of Ministerial functions to Minister Halligan at my request.
Minister Halligan has been delegated responsibility for Innovation, Research and Development (IRD), and will oversee implementation of the Government's national strategy in this area, Innovation 2020. He has been given responsibility for the delivery of IRD programmes across the agencies of my Department and the development of a successor to the Programme for Research in Third Level Institutions. He has also been delegated responsibility for Ireland's membership of International Research Organisations and European Space Agency in addition to sectoral research initiatives that my Department is involved in, Ireland's engagement with the EU Framework Programme in Research and Innovation, Horizon 2020, and maintaining an Intellectual Property framework aimed at promoting and rewarding creativity, supporting innovative activity and improving the business environment.
Statutory Instrument No. 363 of 2017 entitled "Jobs, Enterprise and Innovation (Delegation of Ministerial Functions) (No 3) Order 2017", sets out in detail the specific areas of responsibility that Minister Halligan has.
49. Deputy Sean Sherlock asked the Tánaiste and Minister for Business, Enterprise and Innovation if SMEs that qualify for an audited exemption need audited accounts to access Enterprise Ireland funding across all its funding lines; and if so, the specific funding lines for which audited accounts are required. [48614/17]
Amharc ar fhreagraEnterprise Ireland is committed to assisting Irish enterprises to achieve strong export sales in global markets. In this way, they support sustainable economic growth, regional development and secure employment.
Enterprise Ireland works to balance the needs of companies wishing to avail of their services and their commitment to ensuring a high standard of corporate governance and management of public money.
In order to qualify for an audit exemption, a company must meet certain criteria. Once a company has satisfied the agency that they have validly claimed the exemption from producing audited accounts, Enterprise Ireland do not require audited accounts as long as the cumulative grant approved (including any proposed new grant and net of any proposed cancellation) to the company in the previous 2 years is less than 100,000 euro. This is subject to the agency’s right to seek audited accounts in any case where it wishes to do so.
Enterprise Ireland will continue to require all companies to furnish an up to date tax clearance before payment of grants.
50. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the countries visited by her and others (details supplied) since May 2016; the total travel and accommodation costs incurred for each such visit on overseas ministerial business, in tabular form. [48616/17]
Amharc ar fhreagraMy office, and the offices of the Ministers of State in my Department, are currently compiling lists of all travel and accommodation costs incurred on overseas ministerial trips during the period in question. I anticipate that this information will be available by the end of November, and I will ensure that it is published on my Department's website.
51. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the reason the EU Director General of Competition did not approve the proposed plan she put forward for a rescue and restructure scheme for businesses impacted by Brexit following her meeting with Commissioner Vestager in November 2017; the reasons the EU Director General of Competition and the Commissioner decided not to approve the scheme at this point in time; the specific reasons for same; and if state aid rules issues were raised. [48617/17]
Amharc ar fhreagraA Rescue and Restructure scheme was recently notified to the Directorate General for Competition (DG Comp) as a contingency measure in response to Brexit.
This scheme is working its way through the normal approval channels within DG Comp and we have not been advised that any issue has arisen in regards to this standard approval process.
My Officials expect that this scheme will be approved shortly.
52. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the reason section 9 of the Statutory Audits Bill 2017 deletes subsection (7) of the Companies Act 2014 (details supplied); her plans to retain the audit exemption for small and micro sized companies as provided for in most other EU member states. [48618/17]
Amharc ar fhreagraSection 9 of the Companies (Statutory Audits) Bill 2017 repeals section 343(7) of the Companies Act 2014. Section 343(7) provided for a company to apply to the District Court for an extension of time to file its annual return. A consequence of getting such an Order from the Court was that the company concerned retained an exemption from audit.
Section 343(7) replaced a previous scheme whereby a company could apply to the Registrar of Companies for its late filing fees to be waived. A consequence of getting such a waiver from the Registrar was the company lost the audit exemption as it was still late filing its annual return.
Section 343(7) was commenced on 1 June 2015. The number of Orders granted by the District Court in the course of 2016 was more than double the number of waivers granted by the Registrar in 2014 under the previous scheme. This is a matter for concern as the timely filing of annual returns and financial statements by companies is an important transparency measure and safeguard for third parties such as suppliers, employees and other creditors. Companies have up to 10 months to prepare and file their financial statements. Any further delay risks making that information less meaningful to those third parties.
For this reason, section 9 of the Companies (Statutory Audits) Bill 2017 repeals section 343(7) and section 10 of the Bill replaces that repealed subsection with a new section 343A, to be inserted into the Companies Act 2014. The new section 343A provides that a company may apply to the District Court for an Order waiving the fee required for the late filing of its annual return. This is similar to the position that obtained before the enactment of the Companies Act 2014, whereby a company could apply to the Registrar.
Companies that meet the thresholds for either the “small” or “micro” categories will continue to qualify for the audit exemption. The Companies (Accounting) Act 2017, which was commenced in June of this year, raised the thresholds for the “small” category to the maximum allowed under EU law, so as many Irish registered companies as possible will be able to claim the audit exemption.
53. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the joining membership cost and the annual cost for Ireland to become a member of both CERN and the European Southern Observatory. [48619/17]
Amharc ar fhreagraThe increased capital allocation I secured for innovation in Budget 2018 will enable Ireland to join the European Southern Observatory (ESO) in 2018. The once-off joining fee for ESO will be approximately €14m. However, the payment of this fee can be ameliorated over 10 years. The recurrent, annual cost of membership will be approximately €3m. The exact costs and scheduling of the payments is subject to negotiation and agreement with ESO.
There is no joining fee for CERN and the recurrent, annual cost of full membership of CERN would be approximately €15m per annum. Associate membership is available for 10% of the full cost, or approximately €1.5m per annum. However, there would be a commensurate reduction in benefits with associate membership.
In view of the intense demands on the capital programme and the tight fiscal constraints it will not be possible progress membership of both CERN and ESO in 2018. Nevertheless, membership of CERN will remain on our policy agenda and my department will keep the issue under active review.
Membership of ESO has been prioritised over membership of CERN because of the large, established community of astronomy researchers in Ireland. Astronomy is an active area of research in each of our universities and several of our institutes of technology. This community is well positioned to avail of the opportunities provided by ESO membership, thereby maximising the immediate benefit to Ireland.
In addition, the companies in Ireland that have had great success in securing contracts from the European Space Agency are well placed to bid for ESO contracts due to the overlap between the technologies used by ESO and ESA.
54. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on the latest InterTradeIreland report which shows that 19 out of 20 businesses do not have a plan to deal with Brexit. [48620/17]
Amharc ar fhreagraBrexit will clearly present a number of different challenges for Irish businesses. An added complexity is that the uncertainty surrounding the precise nature of the UK's future relationship with the EU makes planning and preparing for Brexit all the more difficult for companies here. This is partly why many businesses do not yet have detailed Brexit contingency plans in place.
My Department and its enterprise agencies are focused, however, on assisting companies to prepare for the UK's withdrawal from the EU. This includes efforts to build awareness of particular and sector-specific challenges that Brexit is likely to pose. Much of our broader work so far to help mitigate the impact of Brexit on Irish firms is captured in my Department's recently published response paper to the UK's impending exit from the EU, entitled "Building Stronger Business - Responding to Brexit by Competing, Innovating and Trading". This paper summarises the policy measures already taken, outlines future initiatives we intend to take forward and details the steps the Department has taken already to ensure that we can work as efficiently as possible to support our companies.
Our State Agencies have also been very active themselves in taking forward projects aimed at helping businesses in Ireland prepare for the post-Brexit commercial environment. InterTrade Ireland, for example, has introduced a scheme to help SMEs avail of expert advice on Brexit. It has also been working hard to raise awareness of the particular challenges Brexit may present for cross-border trade.
Enterprise Ireland, meanwhile, has launched a "Brexit SME Scorecard" - effectively a new interactive platform which can be used by Irish companies to self-assess their exposure to Brexit. The Agency has also introduced a "Be Prepared Grant" that helps SME clients meet the costs of implementing a plan to mitigate risks arising from Brexit. Furthermore, the Local Enterprise Office Network are hosting information events around the country aimed at helping companies plan for Brexit.
While progress has been made in helping many different businesses prepare, we know much more work remains to be done. That is why we will remain absolutely focused on our Brexit-related initiatives and will continue to explore new avenues and means of helping our companies plan for the future.
55. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the amount of Horizon 2020 funding awarded to SMEs on an annual basis per county since it was established, in tabular form. [48621/17]
Amharc ar fhreagraThe following tables provide the total Horizon 2020 (EU) funding awarded to SMEs, by county, for each of the years 2014, 2015, 2016 and 2017. The tables are based on the European Commission's most recent data release on Horizon 2020, which cover the period up to the 30th September 2017.
Information on SMEs that have secured funding in the SME Instrument of Horizon 2020 can be searched geographically at the European Commission’s publicly accessible Data Hub at: https://sme.easme-web.eu/.
Horizon 2020 (EU) funding awarded to SMEs up to Sep 2017
Table 1: 2014
|
County |
No. companies |
Amount (€k) |
|
CARLOW |
1 |
266 |
|
CORK |
3 |
1,094 |
|
DUBLIN |
21 |
4,138 |
|
GALWAY |
3 |
776 |
|
KERRY |
4 |
758 |
|
LIMERICK |
1 |
50 |
|
OFFALY |
1 |
50 |
|
WATERFORD |
1 |
50 |
|
WESTMEATH |
1 |
50 |
Table 2: 2015
|
County |
No. companies |
Amount (€k) |
|
CARLOW |
2 |
569 |
|
CLARE |
1 |
50 |
|
CORK |
10 |
5,961 |
|
DUBLIN |
42 |
13,478 |
|
GALWAY |
10 |
3,255 |
|
KERRY |
2 |
50 |
|
KILDARE |
1 |
58 |
|
LIMERICK |
5 |
2,091 |
|
LOUTH |
6 |
1,294 |
|
MAYO |
1 |
187 |
|
TIPPERARY |
1 |
77 |
|
WICKLOW |
3 |
2,329 |
Table 3: 2016
|
County |
No. companies |
Amount (€k) |
|
CAVAN |
1 |
240 |
|
CORK |
7 |
5,709 |
|
DUBLIN |
50 |
17,549 |
|
GALWAY |
4 |
1,969 |
|
KERRY |
3 |
2,336 |
|
KILDARE |
3 |
575 |
|
LIMERICK |
5 |
842 |
|
LONGFORD |
1 |
371 |
|
LOUTH |
1 |
1,090 |
|
MAYO |
1 |
137 |
|
MEATH |
1 |
496 |
|
SLIGO |
1 |
50 |
|
WATERFORD |
1 |
666 |
|
WESTMEATH |
1 |
1,014 |
|
WICKLOW |
3 |
664 |
Table 4: 2017
|
County |
No. companies |
Amount (€k) |
|
CORK |
2 |
1,078 |
|
DUBLIN |
27 |
11,122 |
|
GALWAY |
4 |
4,636 |
|
KERRY |
3 |
1,493 |
|
LIMERICK |
2 |
3,454 |
|
MONAGHAN |
1 |
340 |
|
WICKLOW |
3 |
863 |
56. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation the status of the review being carried out by the Company Law Review Group into the way in which company law is enforced here; the status of recommendations by the subcommittee on corporate governance preparing for legislative change intended to further refine the corporate governance provisions of the Companies Act 2014. [48622/17]
Amharc ar fhreagraThe Company Law Review Group (CLRG) operates on a two-year work programme which is determined by the Minister, in consultation with the CLRG under Section 961 of the Companies Act 2014. The current CLRG Work Programme is for the period 1 June 2016 – 31 May 2018 and is available on http://www.clrg.org/Work-Programme/.
Item 1 on the CLRG Work Programme requests that the CLRG examine and make recommendations on whether it will be necessary or desirable to amend company law in line with recent case law and submissions received regarding the operation of the Companies Act 2014. The CLRG Corporate Governance subcommittee has examined the functioning of Part 4 of the Companies Act 2014 as well as submissions from interested parties regarding perceived anomalies and further proposals for amendment of the Act. The subcommittee has prepared a draft report which it intends to table for consideration and potential adoption at the CLRG Plenary meeting on 30 November 2017.
Under item 3 of the CLRG Work Programme, a detailed review of the enforcement of company law is underway by the CLRG subcommittee for Compliance and Enforcement. It is intended that the subcommittee will, when the review is complete, present a report for consideration and formal adoption by the CLRG.
57. Deputy Marc MacSharry asked the Minister for Finance if he will review the case of a person (detailed supplied) in County Sligo; if such appeal hearings can be heard locally in the future to facilitate persons who cannot travel long distances; and if he will make a statement on the matter. [48458/17]
Amharc ar fhreagraThe Disabled Drivers Medical Board of Appeal is an independent body under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations. As such I cannot intervene in any individual cases where a person is dissatisfied in their dealings with the Board.
The Board is deemed a public body for the purposes of the Ombudsman (Amendment) Act 2012 and any person dissatisfied in their dealings with the Board can make a complaint to the Ombudsman in relation the administrative actions of the Board. I understand that the Board, when communicating with persons, advise them of this avenue of complaint and provide them with the relevant contact details.
In relation to the issue of regional hearings, hearings of the Board are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.
I am informed by the Board that it has held one clinic per year, for the past five years, in Cork City. The Board will consider holding a clinic in other areas if there is enough demand to justify the significant costs associated with holding a regional clinic and also if suitable clinical facilities can be accessed.
58. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he remains satisfied that EU authorities, in respect of taxation and state aid, are not attempting to determine Irish taxation policy, with particular reference to the need to ensure that the taxes applied to manufacturing arising from foreign direct investment here apply only to the manufacturing that has taken place in this jurisdiction and that profits derived from manufacturing in other jurisdictions should be subject to corporate profits tax in the jurisdictions in which they are made; and if he will make a statement on the matter. [48672/17]
Amharc ar fhreagraIreland has never accepted the Commission’s analysis in the Apple State Aid Decision. An appeal has therefore been brought before the European Courts. Such an appeal takes the form of an application to the General Court of the European Union, asking it to annul the Decision of the Commission.
The Attorney General prepared the legal grounds in support of the annulment proceedings and the application has been lodged in the General Court of the European Union. As is normal practice, a summary of these has been published in the Official Journal of the European Union. This has also been published on the Department of Finance’s website.
As outlined in this published summary, one of the lines of argument in Ireland’s annulment application is that the Commission has exceeded its powers and interfered with national tax sovereignty. The Commission has no competence, under State Aid rules, unilaterally to substitute its own view of the geographic scope and extent of the Member State’s tax jurisdiction for those of the Member State itself.
As this topic is the subject of open legal proceedings, it will not be possible to comment further, in particular on any of the individual elements of the State’s legal case in defence of our position. This is important to ensure that we do not prejudice our own legal case.
59. Deputy Clare Daly asked the Minister for Finance further to Parliamentary Question No. 214 of 7 November 2017, the reason a case falls into categories (details supplied); and if he will make a statement on the matter. [48482/17]
Amharc ar fhreagra60. Deputy Clare Daly asked the Minister for Finance further to Parliamentary Question No. 214 of 7 November 2017, if standard variable rate mortgage holders will be part of this review under the criteria. [48483/17]
Amharc ar fhreagra61. Deputy Clare Daly asked the Minister for Finance further to Parliamentary Question No. 214 of 7 November 2017, if persons who, after a fixed rate period expired and they were entitled to a tracker rate, were intentionally or negligently offered a higher tracker rate than what was offered in the original loan offer letter (details supplied); and if these persons will be included in the review. [48484/17]
Amharc ar fhreagraI propose to take Questions Nos. 59 to 61, inclusive, together.
As I advised the Deputy in my answer to her previous question, the Central Bank, as the regulator with the appropriate powers, is the institution responsible for conducting an industry-wide examination of tracker mortgage-related issues. The Central Bank has committed that all affected customers will be identified and that it will use the full range of its regulatory powers to ensure that they receive redress and compensation.
The Central Bank have stated that the review encompasses all mortgages in respect of both Private Dwelling Houses and Buy-to-Let properties that i) originated on tracker interest rates; ii) had tracker interest rates applied at any stage during the term of the underlying mortgage agreements; and/or iii) where the underlying mortgage agreements provided for contractual rights to or options for tracker interest rates at any stage during the term of the agreements.
As the Deputy will understand, I am not in a position to comment on specific customers or groups of customers. The Central Bank have clearly outlined the scope of their examination, and it will be up to them to determine, through deliberations with the banks involved, which customers it deems to have been impacted. Investigations by the Central Bank are statutorily mandated and can lead to significant sanctions. Therefore, as Minister for Finance, I must be cautious not to jeopardise any potential enforcement actions or prosecutions, and refrain from comment on any particular customer or group of customers whose case is under review as part of the ongoing process.
I expect this aspect of the examination to be finalised as soon as possible, in order to minimise the uncertainty for such customers, and for redress and compensation for further identified impacted customers to swiftly follow.
