Written Answers Nos. 111-129
111. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Business, Enterprise and Innovation the preparations made in her Department in the event of no agreement being reached between the United Kingdom and the European Union on the terms of the UK's exit from the EU; and if such preparations involve the drawing up of detailed and specific contingency plans in the event of a hard Brexit and a trade regime based on WTO tariffs. [48770/17]
Amharc ar fhreagraThe Minister for Foreign Affairs and Trade, Minister Coveney has responsibility for coordinating the whole-of-Government response to Brexit. In this capacity, he is working closely with his colleagues across Government to address the many challenges resulting from Brexit. This cooperation also involves the relevant State Agencies.
Work at Cabinet level is being prepared through cross-Departmental coordination structures. These represent a frequent and active channel through which the Department of Business, Enterprise and Innovation and all relevant Departments are providing their research, analysis and overall policy input to the Government’s wider response to Brexit, including its priorities for the ongoing Article 50 negotiations between the EU and the UK.
As the outcome of the negotiations remains uncertain, an important focus of the planning and preparation being undertaken through these structures is on deepening the Government’s analysis and understanding of the exact consequences of a range of different possible scenarios. This represents an intensification of efforts to build on the Government’s contingency planning.
On 9 November, I published “Building Stronger Business: Responding to Brexit by competing, innovating and trading”. This paper sets out work underway and planned by the Department of Business, Enterprise & Innovation and its Agencies in response to Brexit.
The paper summarises impacts of Brexit across key policy areas within the Department and outlines the policy and operational mitigation measures underway and planned by the Department and its Agencies to minimise risks and maximise opportunities associated with Brexit, including supports available to companies to help them prepare for Brexit. It also describes the research programme designed to inform that response as well as new structures put in place to ensure a coherent approach across my Department and its Agencies.
The Deputy will be aware of the various research projects underway in my Department to help build an understanding of the possible implications of Brexit on Ireland for enterprise, consumers and trading relations. These studies examine a range of scenarios and will provide an evidence base to inform Ireland’s policy positions as part of the wider negotiation on the UK’s future relationship with the EU and further mitigation measures to respond to Brexit. The research projects considering a hard Brexit scenario are:
|
Title |
Summary |
|
Sectoral implications arising from Brexit: Most exposed sectors |
This research examines the firm level implications of the UK being outside of the European Single Market and Customs Union for Ireland’s most exposed enterprise sectors. |
|
Strategic Implications arising from EU-UK Trading Patterns |
Profile trade and investment to highlight dependence at sectoral and product level; Quantify impact of various scenarios on trade and investment; Develop policy options for Ireland – negotiations and enterprise (mitigation) policies. |
|
Import Content of Irish Exports and Implications of Brexit |
This study examines the Import Content of Irish Exports: Implications of Brexit for Inputs and Competitiveness and the extent to which Irish firms source intermediate inputs from the UK. This research will provide empirical evidence on the import content of Irish firms’ exports, how firms may be exposed to changes in the trading environment after Brexit and the impact of Brexit on inputs, and competitiveness. |
|
*The Potential Impact of WTO Tariffs and other key relevant issues on Cross-Border Trade |
The first topic in the research programme examined scenarios on how trade flows between Ireland and Northern Ireland might be affected in the event of the imposition of WTO-level tariffs and other non-tariff barriers on cross-border trade in manufactured products. That report was published earlier this Summer. Two remaining phases will be carried out - The second phase will assess some important aspects of how this cross-border trade is structured at a firm level and how flexible firms are in the face of trade shocks. It will also look at the integration of supply chains. The third phase will look at wider ecosystem trade issues and will assess trends and developments relevant to trade in Services (as opposed to manufactured products), between both jurisdictions. |
|
**Financial impact of Brexit on consumers in Ireland |
Analysis of impacts on Irish consumers due to price changes on UK imports under a number of potential post Brexit trade scenarios |
* Project being carried out by InterTrade Ireland in consultation with the Department of Business, Enterprise and Innovation
** Project being carried out by the Competition and Consumer Protection Commission in consultation with the Department of Business, Enterprise and Innovation
112. Deputy Catherine Murphy asked the Tánaiste and Minister for Business, Enterprise and Innovation the cost of providing external coaching and-or training services for staff development in her Department over the past five years and to date in 2017, by cost per year, in tabular form; the company that delivered the training courses; and if she will make a statement on the matter. [48799/17]
Amharc ar fhreagraMy Department places a high priority on the development of staff to ensure that they are provided with the necessary skills and knowledge to contribute to the work of the Department. Investing in our staff ensures we further enhance individual and collective capacity, improve organisational performance and enable a high performing and agile workforce.
The Learning and Development Unit is responsible for providing targeted learning and development initiatives, including coaching and other training services. The details requested by the Deputy are set out in the following table.
Department of Business, Enterprise and Innovation Learning and Development Costs and Training Providers for the period Requested 2012 – 2017 to date
|
Year |
Cost |
External Coaching and Training Providers |
|
2012 |
€232k |
ACCA Ireland, 1to1 French Tuition, Griffith College, BT Communications Ireland, Carr Communications, CERNAM Ltd, Chartered Accountants Ireland, Department of Public Expenditure and Reform, DBS, DIT, Espion Ltd, Independent Colleges, IPA, Carlow IT, Sligo IT, iPass, Irish Academy of Computer Training, Irish Times Training, Irish Bankers Institute, Jefferson Computer, Letterkenny IT, National College of Ireland, New Horizons, Olas, Open Management Training Ltd, Oracle, PAI, Rothwell, Sureskills Ltd, Institute of Bankers, Trigraph, La Touche Training, Achilles, UCD, Trinity, Griffith College, National College of Ireland, DBS, Trinity College, CSTDC: Civil Service Training and Development Centre. |
|
2013 |
€265k |
Carr Communications, IPA, iPass, Irish Bankers Institute, Irish Sign Language Academy, Irish Times Training, OMT, PAI, RA Consulting, Rothwell, Seamus O’Dwyer Consulting, Kings Inns, Tiger, Trigraph, UCD, Michael Smurfit Graduate School of Business. Olas Software Training, Shannonside Audio Video Ltd, Arrow ECS, Blue Wave Technology, Keytrainer Ireland Ltd, SQT Training, Dublin Civil Defence. Phoenix Safety Services, The Company Shop, Dublin Solicitors Bar Association, Institute of Chartered Accountants, Espion, Irish Human Rights Commission, Salus Training, PDP, Pro Safe, Plain English, Trinity College, DBS, Griffith College, University of Limerick, DIT, Sligo IT, Strathclyde University. |
|
2014 |
€408k |
Achilles Procurement Ltd, Carr Communications, IIA Training Ltd, IPA, Irish Times Training, International Centre for Parliamentary Studies, Life and Executive Coaching Institute, Gaelchultur Teoranta, Hibernian Training Courses, European Institute of Communications, Sureskills Ltd, PAI, RA Consulting, Kings Inns, Tiger, Trigraph, UCD Michael Smurfit School of Business, Michael Smurfit Grad School, Young Programme Events Ltd, BT Communications Ltd, Olas Software Training, New Horizons Irl, Espion Ltd, Keytrainer Ireland Ltd, Nifast, Consolidated Enterprises, Life Skills Training, IOSH Ireland Eastern District, Dublin Civil Defence, Baker Tilly Ryan Glennon, Blue Sky Training, Chartered Accountants of Ireland, CSL Chartered Sercretaries, Penna, State Claims Agency, Antifyre Ireland, Fujitsu Ireland, Apex Fire Ltd, Keytrainer, Institute of Banking, IPA, Trinity, Griffith College, Athlone IT, DIT, National College of Ireland, Open University, Independent Colleges, UL. |
|
2015 |
€332k |
Carr Communications, Chartered Accountants of Ireland, IIA, IPA, Irish Times Training, PAI, Kings Inns, Tiger, Trigraph, UCD, NALA, Institute of Directors in Ireland, Resilience International, Irish Deaf Society, Gaelchultur Teoranta, Art of Navigation, Ceran Lingua Ltd, Auditware Training and Consultancy, Business Risk Management Ltd, Olas Software Training, BT Communications Ireland Ltd, Statistical Data Analysis Ltd, Keytrainer Ireland Ltd, Consolidated Enterprises, Dublin Civil Defence, Safety Ireland First Response Ltd, Nifast, First Aid Aware. IHREC, Chartered Institute of Management, Legal Island, Kilroys College, Institute of Banking, Agence Comptable de L’intefp., DBS, DIT, Law Society, Carlow IT, Griffith College, Open University, Garda College/UCD, UL, Athlone IT, National College of Ireland. |
|
2016 |
€364k |
Achilles Procurement Ltd, Aileen O’Meara Media, Alliance Francaise, Art of Naviation, Auditware Systems Ltd, BIM, Carr Communications, Chartered Accountants Ireland, City Colleges, CMG Professional Training, Crowleys DFK Chartered Accountants, Dept PER, European Institute of Communications, Kingstown College, Gaelchultur Teoranta, International Training Centre of the ILO, IPA, Irish Times Ltd, Legal Island, Lexxion Publisher, NALA, Public Relations Institute of Ireland, Raomal Perera, Resilience International, Retirement Planning Council of Ireland, SQT Training, Beacon HRM Group, Communications Clinic, Kings Inns, Tiger, Trigraph, UCD, Young Programme Events, Safety Ireland First Response Ltd, Dublin Civil Defence, Olas Software Training and Development, Perception Consulting Ltd, Storm Island Ltd, New Horizons Ireland, Advance Systems, Consolidated Enterprises, Digital Imaging Services, EUIPO, Irish Centre for European Law, La Touche Training, Legal Training Services, PQMS Ltd, Samson Training, Sight and Sound Technology, Communications Clinic, UCD & ELAI, UCD, DIT, Carlow IT, Blanchardstown IT, Kings Inns, Griffith College, Law Society, Open University, UCD Smurfit School of Business, UL. |
|
2017 |
€421k |
Arcline Ltd, Carr Communications, Chartered Accountants Ireland, Civil Service College, Institute of Internal Auditors, Dept PER, European Academy for Taxes, Economics and Law, Kingstown College, Gaelchultur Teoranta, Hibernian Training, IPA, iPass, Irish Times Training, IT Governance Europe Ltd, Law Society, Lexxion Publisher, NALA, PAI, pTools Software, Shannon Consulting, Beacon HRM Communications Clinic, Trigraph, UCD, Young Programme Events. Premier First Aid, Bsafe at Work, First Aid Aware, Celtic Safety Training Ltd, BIM, O’Dwyer Safety Services, ACCA Ireland, CMIT, DBS, DIT, Griffith College, IBEC, Carlow IT, IPA, Mercyhurst College, National College of Ireland, Kings Inn, UCD. |
113. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation if the social partners or employment policy experts were consulted before the decision was made to transfer labour affairs functions in her Department to the Department of Employment Affairs and Social Protection; if her officials carried out an impact assessment of the transfer of functions; and if so, if she will publish same. [48822/17]
Amharc ar fhreagraFrom time to time responsibilities transfer between Departments in order to better align functions and policy. In moving the employment rights and minimum wage agendas to the Department of Employment Affairs and Social Protection (DEASP), we are effectively aligning employee based rights with the welfare to work agenda, focusing on ensuring that our policies encourage people into the workforce with fair terms and conditions. DEASP also has responsibility for INTREO, the national contact point for employment and income supports, as well as acting as a pathway to employment for many job seekers.
It is not usual to consult externally when it comes to the realignment of functional responsibilities between Government Departments.
114. Deputy Micheál Martin asked the Tánaiste and Minister for Business, Enterprise and Innovation the preparations her Department is making in the event of there being a hard Brexit, in particular following Michel Barnier's comments on same; and if she will make a statement on the matter. [48895/17]
Amharc ar fhreagraThe Minister for Foreign Affairs and Trade, Minister Coveney has responsibility for coordinating the whole-of-Government response to Brexit. In this capacity, he is working closely with his colleagues across Government to address the many challenges resulting from Brexit. This cooperation also involves the relevant State Agencies.
Work at Cabinet level is being prepared through cross-Departmental coordination structures. These represent a frequent and active channel through which the Department of Business, Enterprise and Innovation and all relevant Departments are providing their research, analysis and overall policy input to the Government’s wider response to Brexit, including its priorities for the ongoing Article 50 negotiations between the EU and the UK.
As the outcome of the negotiations remains uncertain, an important focus of the planning and preparation being undertaken through these structures is on deepening the Government’s analysis and understanding of the exact consequences of a range of different possible scenarios. This represents an intensification of efforts to build on the Government’s contingency planning.
On 9 November, I published “Building Stronger Business: Responding to Brexit by competing, innovating and trading”. This paper sets out work underway and planned by the Department of Business, Enterprise & Innovation and its Agencies in response to Brexit.
The paper summarises impacts of Brexit across key policy areas within the Department and outlines the policy and operational mitigation measures underway and planned by the Department and its Agencies to minimise risks and maximise opportunities associated with Brexit, including supports available to companies to help them prepare for Brexit. It also describes the research programme designed to inform that response as well as new structures put in place to ensure a coherent approach across my Department and its Agencies.
Clearly, a disorderly exit would be very damaging, particularly for Ireland, and Michel Barnier’s recent call for EU Member States to plan for such a contingency is fully in line with the Government’s approach.
The Deputy will be aware of the various research projects underway in my Department to help build an understanding of the possible implications of Brexit on Ireland for enterprise, consumers and trading relations. These studies examine a range of scenarios and will provide an evidence base to inform Ireland’s policy positions as part of the wider negotiation on the UK’s future relationship with the EU and further mitigation measures to respond to Brexit. The research projects considering a hard Brexit scenario are:
|
Title |
Summary |
|
Sectoral implications arising from Brexit: Most exposed sectors |
This research examines the firm level implications of the UK being outside of the European Single Market and Customs Union for Ireland’s most exposed enterprise sectors. |
|
Strategic Implications arising from EU-UK Trading Patterns |
Profile trade and investment to highlight dependence at sectoral and product level; Quantify impact of various scenarios on trade and investment; Develop policy options for Ireland – negotiations and enterprise (mitigation) policies. |
|
Import Content of Irish Exports and Implications of Brexit |
This study examines the Import Content of Irish Exports: Implications of Brexit for Inputs and Competitiveness and the extent to which Irish firms source intermediate inputs from the UK. This research will provide empirical evidence on the import content of Irish firms’ exports, how firms may be exposed to changes in the trading environment after Brexit and the impact of Brexit on inputs, and competitiveness. |
|
*The Potential Impact of WTO Tariffs and other key relevant issues on Cross-Border Trade |
The first topic in the research programme examined scenarios on how trade flows between Ireland and Northern Ireland might be affected in the event of the imposition of WTO-level tariffs and other non-tariff barriers on cross-border trade in manufactured products. That report was published earlier this Summer. Two remaining phases will be carried out - The second phase will assess some important aspects of how this cross-border trade is structured at a firm level and how flexible firms are in the face of trade shocks. It will also look at the integration of supply chains. The third phase will look at wider ecosystem trade issues and will assess trends and developments relevant to trade in Services (as opposed to manufactured products), between both jurisdictions. |
|
**Financial impact of Brexit on consumers in Ireland |
Analysis of impacts on Irish consumers due to price changes on UK imports under a number of potential post Brexit trade scenarios |
* Project being carried out by InterTrade Ireland in consultation with the Department of Business, Enterprise and Innovation
** Project being carried out by the Competition and Consumer Protection Commission in consultation with the Department of Business, Enterprise and Innovation
115. Deputy Bríd Smith asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on whether the health and safety Acts need to be amended after Storm Ophelia in order that accidents commuting to and from work during severe weather conditions can be negated. [48909/17]
Amharc ar fhreagraThe national response to Storm Ophelia was coordinated by my colleague, the Minister for Housing, Planning and Local Government, Eoghan Murphy T.D. and the National Emergency Coordination Committee. I understand that the response to Storm Ophelia is being reviewed and a report will be prepared which will be submitted to the Government Taskforce on Emergency Planning for its attention before being submitted for the approval of Government in January 2018. A number of issues already identified for consideration as part of the review related primarily to having arrangements in place to the greatest extent possible pre-emergency, so that appropriate processes can be activated without delay, as required.
The primary piece of legislation relating to occupational safety and health is the Safety, Health and Welfare at Work Act 2005. Under this legislation employers, including the self-employed, have a statutory obligation to provide for the safety of their employees while at work.
This statutory responsibility includes employees that are required to drive as part of their work, but it does not extend to commuting. Commuting to and from a employee’s normal assigned place of work, in the employee’s own private vehicle or using other modes of transport, is currently outside the scope of the legislation and having consulted with the Health and Safety Authority (HSA), there is currently no evidence or proposal to suggest a revision of the legislation to include commuting is required.
The HSA does focus on Driving for Work and has for many years had a programme in place and they work in conjunction with the Road Safety Authority and An Garda Síochána. Extensive guidance material is available to employers and employees from the HSA website (www.hsa.ie).
116. Deputy Niamh Smyth asked the Tánaiste and Minister for Business, Enterprise and Innovation the status of a project (details supplied); the number of jobs that will be created as a result; the services that will be provided by this facility; and if she will make a statement on the matter. [48931/17]
Amharc ar fhreagraI understand that the project referred to in the question relates to an application submitted under the Enterprise Ireland Regional Enterprise Development Fund (REDF).
The €60m REDF is aimed at accelerating economic recovery in every part of the country by delivering on the potential of local and regional enterprise strengths. Over the next four years, the Fund will support significant collaborative regional initiatives to build on specific industry sectoral strengths and improve enterprise capability, thereby driving job creation.
A first Call under the REDF was issued earlier this year and the assessment of applications by Enterprise Ireland under this competitive call is currently underway. Full details on how applications are assessed have been published on Enterprise Ireland’s website.
I expect the decisions on the applications received arising from the competitive process to be announced shortly and since the process is ongoing, it would not be appropriate for me to comment further on the process or in respect of any individual application at this time.
117. Deputy Jackie Cahill asked the Tánaiste and Minister for Business, Enterprise and Innovation if she will engage with the IDA with regard to a site (details supplied) as a location for the construction of a major data centre; and if she will make a statement on the matter. [48958/17]
Amharc ar fhreagraEarlier this year, IDA Ireland sought submissions from suitable service providers to undertake a study to identify potential strategic land banks in Ireland that would be suitable to accommodate the sustainable development of large scale Data Centre projects. Following this process Jacobs Engineering, supporting by AOS Planning, were appointed to produce this report.
The study, which will assist efforts to ensure that Ireland continues to be best placed to compete for, win and sustain data centre investments, is now approaching its final stages. The study will evaluate viable property options nationally that are both supported by the necessary infrastructure and able to meet the complex and evolving needs of data centre investments.
Over recent years, leading international technology and computing companies have announced significant data centre investments for Ireland and the IDA is committed to ensuring that this trend continues. The Agency, supported by other relevant key stakeholders, will continue to highlight credible and flexible property solutions that form part of the competitive value proposition for this sector.
More broadly, the IDA continues to market County Tipperary to relevant FDI opportunities, enquiries and potential investors through our IDA overseas network. IDA Ireland will continue to encourage potential investors to locate in Tipperary and in regional counties throughout Ireland.
118. Deputy Peter Burke asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on a work permit delay (details supplied); and if she will make a statement on the matter. [49034/17]
Amharc ar fhreagraThis application for an employment permit was received in the Department on 27th July 2017 and was processed within the normal timeframe. A decision was made to refuse the granting of the application on the 13th September 2017 and the applicant was notified of this decision in writing and of their right to request a review of this decision in line with the provisions of the Employment Permits Acts within 28 days.
This application was refused on the basis that the foreign national appeared to be in the State without current immigration permission from the Minister for Justice and Equality and the employer did not appear to be registered with the Companies Registration Office. Furthermore, the employer failed to provide the necessary additional documentation which is required in cases where the employment concerned is to be carried out in a restaurant such as documentation from the Revenue Commissioners and Utility Bills.
The applicant requested a review of this decision on the 9th October 2017. Having examined the review, the Reviewing Officer having considered the original application and the additional information provided in support of the review was satisfied that the original refusal reasons were not addressed and upheld the refusal decision in this case. This was advised to the applicant in a letter dated 1st November 2017.
A refusal to grant an employment permit does not preclude an applicant from submitting another application for an employment permit. Such an application should comply with all of the legislative requirements pertaining to the immigration status of the foreign national, the applicable registration requirements of the employer and all of the legislative documentary requirements for the particular employment permit type.
119. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Business, Enterprise and Innovation the domain names registered to or owned by her Department or through a third party company. [49063/17]
Amharc ar fhreagraRecords indicate that the following domain names are registered by or on behalf of my Department. Not all of these domain names are associated with a unique website. Some of these domain names are alternative aliases for websites, some are associated with information campaigns, or with activities which are still in planning, or with supporting the Department's technology infrastructure.
actionplanforjobs.com
actionplanforjobs.ie
apj.ie
beneficialownership.gov.ie
beneficialownership.ie
businessregulation.ie
clrg.org
companiesact2014.gov.ie
competitiveness.ie
core.ie
cro.ie
csrhub.ie
deti.ie
djei.gov.ie
dbei.gov.ie
djei.ie
eatribunal.ie
egfsn.ie
employmentrights.ie
enterprise.gov.ie
forfas.ie
greeneconomy.ie
intellectualpropertyoffice.ie
intellectualpropertyofficeofireland.ie
ipoi.ie
ipoie.ie
labourcourt.ie
licence.gov.ie
licence.ie
licences.gov.ie
licences.ie
license.gov.ie
license.ie
licenses.gov.ie
licenses.ie
lowpaycommission.ie
lrc.ie
number23.gov.ie
odce.ie
patentsoffice.ie
pointofsinglecontact.ie
regionalapj.ie
sciencecouncil.ie
skillsireland.ie
solvitireland.ieworkplacerelations.ie
120. Deputy Mattie McGrath asked the Tánaiste and Minister for Business, Enterprise and Innovation the average costs associated with processing and answering written and oral parliamentary questions; and if she will make a statement on the matter. [49117/17]
Amharc ar fhreagraMy Department receives a large number of Parliamentary Questions seeking information on issues across the broad remit of the Department. The amount of time spent dealing with individual questions varies significantly depending on the level of information requested, and it is therefore not possible to estimate the average costs of processing and answering questions.
121. Deputy Dara Calleary asked the Tánaiste and Minister for Business, Enterprise and Innovation the estimated value of the augmented reality and virtual reality industries here; the estimated levels of employment involved in these sectors; the number of companies based in this country operating in these sectors; and if she will make a statement on the matter. [49208/17]
Amharc ar fhreagraMy Department in its work on new and emerging sectors is constantly striving to identify areas of opportunity for Irish-based enterprise. Augmented Reality and Virtual Reality is seen as a significant growing global market with worldwide revenues for the Augmented Reality (AR) and Virtual Reality (VR) market set to jump 100 per cent or more over each of the next four years. According to a new forecast by research firm IDC total spending on such products and services is estimated to be valued at $11.4 billion this year and expected to increase to nearly $215 billion by 2021, achieving a compound annual growth rate of 113.2 per cent along the way.
As part of the evidence base for the Refresh of Priority Areas under Research Prioritisation Data Visualisation Technologies, and in particular, Augmented Reality (AR) and Virtual Reality (VR) were identified as technologies that are critical to Ireland’s economic and social development out to 2035.
AR/VR has a wide range applications across key sectors of the economy ranging from leisure and entertainment; product development and manufacturing; retail; to health and education service delivery systems.
AR/VR is a new disruptive technology impacting on many verticals and as a result it is difficult to scope the numbers of companies involved and the corresponding employment levels albeit a significant area of opportunity for Ireland. AR/VR is at a very early stage in Ireland with currently 3 multinational companies in the pure play AR/VR with many other MNCs having significant involvement in AR/VR and estimated to employ in the region of 10,000. There is also a mixture of High Potential Start-Ups (HPSUs) and more established indigenous companies also involved. The most recent sector brief on Digital Content Creation (Games, Animation and Film) provides an indication of the potential scale of AR/VR particularly in the gaming sector which is increasingly focussing on AR/VR. It is estimated that there are ca. 2,000 employees in the gaming sector across 30 agency-supported companies.
122. Deputy John Curran asked the Tánaiste and Minister for Business, Enterprise and Innovation if the Competition and Consumer Protection Commission has reported yet on the operation of the household waste collection market; her plans to publish this report; and if she will make a statement on the matter. [49318/17]
Amharc ar fhreagraOn 4 July 2017, a motion was passed by Dáil Eireann called on the Minister for Communications, Climate Action and Environment to ask the Competition and Consumer Protection Commission (CCPC) to report on the operation of the household waste collection market.
Following a formal request on 25 September from the Minister for Communications, Climate Action and Environment, I, as Minister for Business, Enterprise and Innovation, in accordance with section 10(4) of the Competition and Consumer Protection Act 2014, requested the CCPC to carry out a study on the operation of the household waste collection market.
I understand this exercise is currently underway and it is anticipated that the report will be finalised in the early months of 2018. The issue of publication will be considered at that stage.
123. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Business, Enterprise and Innovation the number of the 248 public complaints received by the Office of the Director of Corporate Enforcement, ODCE, in 2016 that resulted in further action being taken by the ODCE; the number that were dismissed; and the number that remain open. [49406/17]
Amharc ar fhreagraSection 949(3) of the Companies Act 2014 provides that the Director of Corporate Enforcement shall be independent in the performance of his statutory functions.
I, as Minister for Business, Enterprise and Innovation have no direct function in such matters.
124. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Business, Enterprise and Innovation when a report (details supplied) will be made public in view of the receipt of advice from the Attorney General on same. [49407/17]
Amharc ar fhreagraThe Section 955(1)(a) Report from the Director of Corporate Enforcement has been the subject of detailed consultation with the Office of the Attorney General.
On the advice received recently from the Attorney General, I do not have a legal power to publish statutory reports prepared pursuant to section 955 of the Companies Act, 2014.
I am conscious, however, that the shortcomings identified by Judge Aylmer in his ruling in the case of DPP v Sean Fitzpatrick have been the subject of significant concern. It is important to understand what factors led to such mistakes being made and we must take appropriate steps to address these shortcomings and ensure that they are never repeated.
In view of this, while I cannot publish the Report itself, I intend to publish an account of the investigative failures identified by Judge Alymer and the steps that are being taken to address them. These include ongoing reform within the ODCE and the establishment, as announced by Government earlier this month, of the Office of the Director of Corporate Enforcement as a new independent company law enforcement agency, to provide greater autonomy to the agency and ensure it is better equipped to investigate increasingly complex breaches of company law. Work on the drafting of the necessary General Scheme of a Bill to give effect to this decision has commenced.
125. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Business, Enterprise and Innovation the reason over €2.2 million was surrendered back to the State by the Office of the Director of Corporate Enforcement in 2016, in view of the fact that no prosecutions or convictions were achieved by this office; and her views on whether this represents an agency that is adequately policing white collar crime here. [49408/17]
Amharc ar fhreagraExpenditure by the Office of the Director of Corporate Enforcement (ODCE) in 2016 was €2.727m, against a budget allocation of €5.015m.
This allocation was comprised of a pay spend of €2.006m against an allocation of €2.808m and a non pay spend of €0.721m against an allocation of €2.207m.
A significant element of the non-pay allocation provided to the ODCE provides for possible legal costs. These costs, as well as their timing, are difficult to forecast as the ODCE has little or no control over the timing of when the cases will be determined. It is also the case that the ODCE cannot be sure of the outcome of cases in terms of costs orders and it cannot anticipate the scale of costs that other parties may seek. Whilst it is entirely prudent that provision continues to be made to meet legal costs in the ODCE’s subhead, the uncertainty in relation to amount, timing etc. of such costs means that there can often be an underspend in the budget.
The ODCE Annual Report for 2016 points to a number of key successes during the year, as follows:
- Following the examination of reports submitted to the Office by liquidators of insolvent companies, 90 company directors were restricted and 11 disqualified by the High Court;
- 93 Restriction Undertakings were obtained from directors of insolvent companies;
- As an alternative to formal enforcement actions, cautions issued to a total of 61 companies;
- The securing of the rectification on a non-statutory basis, of suspected infringements of the Companies Act 2014, in relation to Directors’ loans in 60 cases, to an aggregate value of €17m approximately;
- 108 directions were issued to relevant parties requiring them to comply with their statutory obligations under company law;
- The submission of 5 investigation files to the DPP for consideration, with recommendations including charges under both company law and the Criminal Justice (Theft and Fraud Offences) Act 2001;
- 7 demands issued to companies for the production of their books, records and other relevant documents;
- During the year, the register of disqualified, deemed disqualified and restricted persons, as maintained by the Registrar of Companies, were reviewed. Arising from that review, a total of 83 instances were identified where persons appeared to be acting in contravention of Court Orders/legislative provisions. Following intervention by the ODCE, the individuals’ positions were regularised;
- In excess of 1,050 statutory reports and referrals were received from liquidators, auditors, examiners, professional bodies and other regulatory and enforcement authorities. There were 130 internally generated inputs and almost 250 complaints received from members of the public.
- To encourage compliance with company law, the ODCE issued in excess of 16,000 copies of its various publications during 2016.
126. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Business, Enterprise and Innovation the number of times she has met the Director of Corporate Enforcement since coming to office; if she has confidence in the director in view of the collapse of a trial (details supplied) in May 2017 due to the failed ODCE investigation and in view of the fact that no prosecutions or convictions have been achieved by this office in the past two years. [49409/17]
Amharc ar fhreagraI have met the Director on one occasion since becoming Minister for Business, Enterprise and Innovation.
Since his appointment in 2012, the Director of Corporate Enforcement has demonstrated his commitment to reforming the Office, to enhancing the capability of the Office to investigate increasingly complex breaches of company law and to amending the investigative procedures used by the Office. These are set out in further detail as follows.
Though the trial referred to by the Deputy concluded in May 2017, the investigative process in question began in 2009 and concluded during 2012.
Organisational reforms in the ODCE were commenced in 2012 by the current Director of Corporate Enforcement upon his appointment, to ensure a more efficient and effective use of its resources. These include:
- Reorganising the structures of the Office;
- Recruiting additional expertise, including six forensic accountants, a digital forensic specialist and 2 Enforcement Portfolio Managers;
- As senior-level vacancies have arisen, reconfiguration of the skill sets, competencies, roles and responsibilities associated with those posts in order to better reflect the organisation’s needs;
- Fundamentally amending the investigative procedures used by the Office so that members of an Garda Síochána take the lead in all criminal investigations; and
- Fostering a greater culture of risk management.
The ODCE Annual Report for 2016 points to a number of key successes during the year, as follows:
- Following the examination of reports submitted to the Office by liquidators of insolvent companies, 90 company directors were restricted and 11 disqualified by the High Court;
- 93 Restriction Undertakings were obtained from directors of insolvent companies;
- As an alternative to formal enforcement actions, cautions issued to a total of 61 companies;
- The securing of the rectification on a non-statutory basis, of suspected infringements of the Companies Act 2014, in relation to Directors’ loans in 60 cases, to an aggregate value of €17m approximately;
- 108 directions were issued to relevant parties requiring them to comply with their statutory obligations under company law;
- The submission of 5 investigation files to the DPP for consideration, with recommendations including charges under both company law and the Criminal Justice (Theft and Fraud Offences) Act 2001;
- 7 demands issued to companies for the production of their books, records and other relevant documents;
- During the year, the register of disqualified, deemed disqualified and restricted persons, as maintained by the Registrar of Companies, was reviewed. Arising from that review, a total of 83 instances were identified where persons appeared to be acting in contravention of Court Orders/legislative provisions. Following intervention by the ODCE, the individuals’ positions were regularised;
- In excess of 1,050 statutory reports and referrals were received from liquidators, auditors, examiners, professional bodies and other regulatory and enforcement authorities. There were 130 internally generated inputs and almost 250 complaints received from members of the public.
- To encourage compliance with company law, the ODCE issued in excess of 16,000 copies of its various publications during 2016.
127. Deputy Tom Neville asked the Minister for Finance if people purchasing a second-hand house can be considered under the help-to-buy scheme; if they must pay property tax in the first year in view of the fact they are first-time buyers; and if they can claim back DIRT on savings used to purchase the home (details supplied). [49188/17]
Amharc ar fhreagraThe Help to Buy initiative does not apply to the purchase of second-hand properties. It is instead a targeted response that is aimed at first-time buyers, buying (or building) new residences.
I am advised by Revenue that local property tax is generally payable following the purchase of a second-hand house where the house was built before 1 May 2013. In relation to first-time buyers, there was a limited exemption available where a house (whether new or second-hand) was purchased during the year 2013. However, purchases of houses after that time no longer qualify for this exemption.
I am advised by Revenue that Section 266A of the Taxes Consolidation Act 1997 provides for refunds of Deposit Interest Retention Tax (DIRT) for first-time buyers who purchase a house or apartment to live in as their home. It also applies to first time buyers who self-build a home to live in. Refunds can be claimed by a first-time buyer of a house or apartment who purchases or self-builds a property between 14 October 2014 and 31 December 2017. The first-time buyer must not have, either individually or jointly with any other person, previously purchased or built a house or apartment. In order to make a claim for the DIRT refund the property must be registered for Local Property Tax (LPT) as the refund is processed through the LPT system. It is not required that Local Property Tax has been paid on the property in order to avail of the DIRT refund. Further information on the DIRT refund scheme is available on Revenue.ie - DIRT refunds for First Time Buyers”
128. Deputy Bernard J. Durkan asked the Minister for Finance the amount of revenue that has been raised by the carbon tax since its introduction; the number of departmental staff who are tasked with enforcement in this area; the total staffing costs; and if he will make a statement on the matter. [49193/17]
Amharc ar fhreagraI am advised by Revenue that since its introduction in 2010 to the end of 2016 carbon tax receipts amounted to almost €2.5bn. Provisional figures for receipts for the first 10 months of 2017 amount to just over €350m. Further information on carbon tax receipts is published on the Revenue statistics website at: https://www.revenue.ie/en/corporate/information-about-revenue/statistics/excise/receipts-volume-and-proce/excise-receipts-commodity.aspx. This includes a breakdown by commodity since 2010.
With regard to enforcement activities related to carbon tax it is important to note that Revenue is a fully integrated tax and customs administration. I am advised by Revenue that it is not possible to disaggregate the resources deployed exclusively at any given time to the enforcement of carbon tax law. Revenue currently has approximately 2,000 staff countrywide dedicated to targeting and confronting non-compliance. These activities include anti-smuggling and anti-evasion, investigation and prosecution, audit, assurance checks, anti-avoidance, returns compliance and debt collection.
129. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which his Department monitors the economic impact of energy costs; and if he will make a statement on the matter. [49451/17]
Amharc ar fhreagraMy Department monitors energy costs as part of its overall assessment of inflation trends on an ongoing basis.
CSO data indicate that the Energy Products component of the Consumer Price Index (CPI) increased by an average of 3.9 per cent on an annualised basis over the first ten months of 2017. As a result, Energy Products have provided a positive boost to overall inflation this year, contributing on average 0.3 percentage points.
In general, as an energy importer Ireland has benefitted from the steep fall in oil prices since 2014. While futures markets suggest that oil prices will remain subdued, a rapid rebound in oil prices could pose a risk to the economy’s growth prospects. For example, higher oil prices would reduce consumer spending power and lower corporate profitability. However, at present my Department would view the probability of a rapid rise in oil prices as being low.
