Written Answers Nos. 291 - 305
291. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the figures for categories (details supplied) since the Competition and Consumer Protection Commission was established. [53674/17]
Amharc ar fhreagraFrom 31 October 2014 to 12 December 2017, the Competition and Consumer Protection Commission (CCPC) took the following actions in relation to suspected anti-competitive conduct that does not fall within the definition of a cartel:
|
Fines |
Total |
|
Investigations commenced |
9 |
|
Inspections carried out |
5 |
|
Prosecutions |
The CCPC investigates non-cartel offences as civil offences. In some cases the CCPC may take civil action against the parties in courts. In the majority of cases the CCPC has reached settlements with the parties concerned without resorting to court actions |
|
Cases concluded with fines |
0 |
|
Total amount of collected and uncollected fines |
N/A |
|
Average fine per case |
N/A |
|
Average length of anti-competitive investigations to date |
19 months |
292. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the annual figures for categories (details supplied) since the Competition and Consumer Protection Commission was established. [53675/17]
Amharc ar fhreagraFrom 31 October 2014 to 12 December 2017 the Competition and Consumer Protection Commission (CCPC) took the following actions in relation to suspected anti-competitive conduct that falls within the definition of a cartel:
|
Fines |
Totals |
|
Investigations commenced |
3 |
|
Inspections carried out |
23 |
|
Prosecutions by Director of Public Prosecutions |
1 |
|
Cases concluded with fines |
1 |
|
Total amount of fines |
€17,500 |
|
Average fine per cartel |
€17,500 |
|
Total number of collected and uncollected fines |
Sentencing including fines in relation to cartel conviction currently under appeal by the DPP as being “unduly lenient”. |
|
Average length of cartel investigations |
18 to 24 months |
293. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the status of progress to date by the Competition and Consumer Protection Commission regarding concert ticketing and motor insurance inquiries, such as price signalling concerns and personal contract plans used to finance motor purchases. [53676/17]
Amharc ar fhreagraOn the issue of the Competition and Consumer Protection Commission (CCPC) investigations into concert ticketing and motor insurance, the CCPC is the statutory independent body responsible for the enforcement of domestic and EU competition 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. I, as Minister for Business, Enterprise and Innovation, have no direct function in such matters and thus it would be inappropriate for me to comment on these issues.
On the issue of personal contract plans used to finance motor purchases, I understand that the CCPC study into this issue is ongoing and it is hoped to finalise it soon.
294. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the status of progress to date by the Competition and Consumer Protection Commission regarding a screening programme for procurement processes which systematically searches for indications that bid-rigging may have occurred. [53677/17]
Amharc ar fhreagraThe Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition 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. I, as Minister for Business, Enterprise and Innovation, have no direct function in such matters.
I am informed that the CCPC met with my colleagues Minister Donohoe and the then Minister of State Murphy in late 2016 and has had follow-up meetings with officials from the Office of Government Procurement to discuss bid-rigging and the development of a screening tool. Since then, the CCPC has continued to research screening initiatives elsewhere including an initiative launched by the Competition and Markets Authority in the UK which has the potential of being rolled out in the short term. The CCPC is planning an initiative during 2018 to give a platform to agencies from other countries to share their experiences in detecting bid rigging patterns.
295. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the estimated timetable for the Irish national transposition of the proposal for a directive of the European Parliament and of the Council, COM(2017)142 final 2017/0063 (COD), to empower the competition authorities of the member states to be more effective enforcers; and if officials in her Department have reviewed whether implementation of this directive will empower the CCPC to issue civil financial sanctions. [53678/17]
Amharc ar fhreagraThe proposal referred to by the Deputy is currently being discussed at EU Council Working Group level in Brussels. Agreement on the proposal is unlikely to be achieved until mid-2018 at the earliest. When agreed, the final text will specify a deadline by which Member States must transpose the Directive. The original proposal, as presented by the EU Commission, proposed a two-year period for transposition.
On the issue of national administrative competition authorities (such as the CCPC) being granted the power to impose fines, if this power is part of the final agreed text, this will apply to the CCPC.
296. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation if it is possible to adapt the current regulatory regime and empower the Competition and Consumer Protection Commission to issue civil financial sanctions in similar fashion to those made available to a court of competent jurisdiction when the Central Bank and Financial Services Authority of Ireland Act 2004 inserted the power to impose civil financial sanctions into Part IIIC of the Central Bank Act 1942. [53679/17]
Amharc ar fhreagraThe Central Bank has a statutory function to regulate financial service providers in Ireland. Arising from this statutory function, the Central Bank can impose civil financial sanctions for non-compliance with regulatory requirements. The Competition and Consumer Protection Commission (CCPC) does not have an equivalent regulatory function and accordingly does not have the statutory power to impose civil financial sanctions.
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 CCPC) and the issue of civil financial sanctions was raised. I understand the CCPC made a submission to the Law Reform Commission on 19 September 2017 in response to the Issues Paper requesting the power to levy such sanctions. Any recommendations or proposals that may emanate from this exercise will be carefully considered by my Department.
My Department has obtained advice on the issue of civil fines from the Office of the Attorney General to the effect that civil fines are not provided for in Irish law for anti-competitive practices. This advice is based on Article 38.1 of the Constitution which provides that no person shall be tried on any criminal charge save in due course of law. Therefore, 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 due to the protection afforded in Article 38.1 of the Constitution.
On 22 March 2017, the EU 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 given the power 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.
297. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the number of vacant IDA Ireland properties in each county from the latest data available; the name and location of each such vacant property on a town and county level; and if she will make a statement on the matter. [53680/17]
Amharc ar fhreagraI am informed that there are 16 IDA-owned buildings currently available for marketing. In addition, the Agency leases units from private investors, of which 21 are currently available.
The availability of an adequate supply of marketable serviced land, together with office, industrial and technology buildings, in advance of demand is a key element in the IDA's ability to compete for mobile foreign direct investment. That is because the availability of property solutions eliminates the lead times normally associated with acquiring property, enables clients to plan their property needs with a greater degree of certainty and allows for the commencement of projects at an earlier date by diminishing much of the difficulties associated with land acquisition, planning and construction. It is, therefore, an important means by which the IDA can encourage and attract new investors to the country, especially to regional Ireland.
The table gives a breakdown of available IDA owned and Private Finance Buildings by County:
|
|
|
Private Finance |
|
|
IDA Owned |
|
|
|
County |
Town |
Occupied |
Marketable |
Total |
Occupied |
Marketable |
Total |
|
Cork |
Ballygallan |
0 |
0 |
0 |
0 |
3 |
3 |
|
Cork |
Kilbarry |
0 |
6 |
6 |
0 |
0 |
0 |
|
Cork |
Wilton |
1 |
0 |
1 |
0 |
0 |
0 |
|
Cork |
Skibbereen |
1 |
2 |
3 |
0 |
0 |
0 |
|
Dublin |
Clonshaugh |
0 |
0 |
0 |
2 |
0 |
2 |
|
Dublin |
Tallaght |
0 |
0 |
0 |
1 |
0 |
1 |
|
Dublin |
Poppintree |
1 |
0 |
1 |
0 |
0 |
0 |
|
Galway |
Loughrea |
0 |
0 |
0 |
1 |
0 |
1 |
|
Galway |
Mervue |
0 |
0 |
0 |
1 |
0 |
1 |
|
Galway |
Roundstone |
0 |
0 |
0 |
1 |
2 |
3 |
|
Galway |
Parkmore |
1 |
0 |
1 |
0 |
0 |
0 |
|
Galway |
Tuam |
5 |
0 |
5 |
0 |
0 |
0 |
|
Kerry |
Killarney |
0 |
0 |
0 |
3 |
2 |
5 |
|
Kerry |
Tralee |
0 |
0 |
0 |
0 |
1 |
1 |
|
Kildare |
Newbridge |
5 |
1 |
6 |
0 |
0 |
0 |
|
Mayo |
Ballina |
1 |
0 |
1 |
0 |
1 |
1 |
|
Mayo |
Castlebar |
0 |
0 |
0 |
1 |
0 |
1 |
|
Offaly |
Tullamore |
0 |
0 |
0 |
1 |
0 |
1 |
|
Sligo |
Finisklin |
0 |
0 |
0 |
1 |
1 |
2 |
|
Tipperary |
Nenagh |
0 |
0 |
0 |
0 |
1 |
1 |
|
Waterford |
Johnstown |
4 |
3 |
7 |
0 |
0 |
0 |
|
Waterford |
Waterford |
0 |
0 |
0 |
0 |
3 |
3 |
|
Westmeath |
Athlone |
0 |
2 |
2 |
1 |
1 |
2 |
|
Westmeath |
Mullingar |
0 |
1 |
1 |
0 |
0 |
0 |
|
Wexford |
Enniscorthy |
1 |
1 |
2 |
0 |
0 |
0 |
|
Wexford |
Whitemills |
0 |
0 |
0 |
0 |
0 |
0 |
|
Wicklow |
Arklow |
1 |
5 |
6 |
0 |
1 |
1 |
|
|
Summary |
21 |
21 |
42 |
13 |
16 |
29 |
298. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the recommendation of the first report of the Personal Injuries Commission that the Quebec task force whiplash-associated disorder grading scale can be used in an Irish context; and the main features of this system. [53681/17]
Amharc ar fhreagraThe First Report of the Personal Injuries Commission was approved by Government on 5 December 2017. The establishment of the Personal Injuries Commission (PIC), chaired by Justice Nicholas Kearns, was one of the key recommendations in the Cost of Insurance Working Group Report on the Cost of Motor Insurance published in January 2017.
Since its establishment in January 2017, the Personal Injuries Commission has been actively engaged in delivering in accordance with the terms of reference of its work. A considerable amount of research into approaches in other jurisdictions has been carried out along with a consultation exercise with the medical community and key stakeholder groups.
This research and consultation has informed the key findings of the Commission’s First Report. The Commission suggest that adopting a standardised and internationally recognised approach to the diagnosis, treatment and report of soft tissue injuries, by medical practitioners who are appropriately competent and trained in the completion of personal injury medical reports, will improve the personal injuries environment in Ireland. This standardised approach should be along the lines of South Australia Clinical guidelines for best practice management of acute and chronic Whiplash Associated Disorder.
The Whiplash Associated Disorder (WAD) scale as developed by the Quebec Task Force (QTF) is an internationally recognised objective classification scale based on severity of symptoms and associated physical signs indicative of the seriousness of the injury sustained. It comprises of five grades:
- Grade 0 (WAD 0) - no neck pain, stiffness, or any physical signs are noticed
- Grade 1 (WAD I) - neck complaints of pain, stiffness/tenderness but no physical signs
- Grade 2 (WAD II) - neck complaints and decreased range of motion and local tenderness in the neck
- Grade 3 (WAD III) - neck complaints plus neurological signs
- Grade 4 (WAD IV) - neck complaints and fracture, dislocation, or injury to the spinal cord.
The scale seeks to provide an objective basis for diagnosing whiplash. It allows medical practitioners to classify patients’ injuries according to their level of severity. This classification helps determine the type and extent of medical care patients will likely need to effectively treat the injuries and accompanying pain and discomfort.
The Personal Injuries Commission has included a medical reporting template in the Report to be used by all examining medical professionals in all relevant cases.
The Personal Injuries Commission has recognised that there are significant advantages in adopting the WAD scale in Ireland as it has been validated by research and is internationally used and recognised.
299. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the timetable for the independent review of the Succeed in Ireland programme which her Department has commissioned; if her Department has assessed the projected costs of the programme to date; if not, the reason for the delay; if submissions to the public consultation will be published; and her plans to meet representatives directly from IDA Ireland and ConnectIreland directly. [53682/17]
Amharc ar fhreagraAs has been announced previously, it is intended to commission an independent review of the Succeed-in-Ireland programme. That review, once completed, will equip us with a thorough understanding of the programme’s results and its contribution to employment generation in the State.
The difficulty remains, as has been made clear previously, that the review cannot proceed until it is possible to assess the projected costs of the programme. However, an accurate assessment of the projected costs - which is indispensable if the review is to determine whether the programme provided value for money for the taxpayer - cannot be made until ConnectIreland resolves or otherwise concludes its dispute with IDA Ireland about the operation of the initiative and the number of jobs it has created.
It is therefore essential that the dispute be resolved or concluded so that the review can proceed. Regarding the submissions to the public consultation, these will be published once we are able to progress the review.
300. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the status of the review of Enterprise 2025 in view of Brexit and potential policy changes under the new US Administration; and when the review will be completed and published. [53683/17]
Amharc ar fhreagraEnterprise 2025 sets a roadmap for long-term enterprise development. It is an ambitious strategy that aims to deliver jobs that are sustainable over the longer period and to achieve a top 3 competitiveness ranking. Through our policy actions and company supports we aim to achieve a step-change in the performance of our enterprises, to ensure that our business environment remains conducive to enterprise investment and growth and to differentiate Ireland's offering on the global stage. We aim to have 2.180 million in employment by 2020, and to ensure that all regions of Ireland benefit from economic growth.
Earlier this year, a Review of Enterprise 2025 was initiated to ensure that our policy framework and priorities are robust in the uncertain environment. This review is undertaken in the context of global changes that are likely to have an impact on Ireland's enterprise development, and specifically Brexit and potential policy changes under the new US administration. In addition, the advances in digital technologies continue apace, opening up new market opportunities, spawning new global business models and impacting on every sector of the economy.
A senior-level Principal Officer forum was set up that includes representatives from a number of key economic government departments and the development agencies. Analysis of performance to date shows good performance against the 30 metrics set out in Enterprise 2025 and solid progress on implementation of 56 strategic actions. A more comprehensive review of enterprise performance over the past decade was also completed. Informed by this evidence base, my officials engaged with industry and other stakeholders to debate the extent to which our priorities remain robust or need a greater emphasis in today's environment.
It is important to highlight that action is already being taken by Government, my Department and its agencies to respond to the challenges arising from Brexit in particular.
I and my agencies remain focused very clearly on the stretch targets set out in Enterprise 2025, which include reducing unemployment in each region to within one percent of the State average by 2020; achieving export growth in Irish-owned enterprises of 6-8 percent per annum; an increase in the number of startups by 25 percent per annum – startups with better survival rates – this would see us with 15,700 enterprise births a year; a 30 percent increase in the numbers of exporters of scale; an additional 1,080 inward investment projects; a 60 percent increase in EI enterprises spending more than €1m on R&D and winning €3.6bn in R&D related FDI; and, a 25 percent uplift in direct economic expenditures by agency supported companies.
The Review is at final draft stages and the aim is to publish the report in early 2018. This review will be complemented by the Action Plan for Jobs 2018.
301. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation when the rescue and restructuring scheme will be operationalised and ready to be availed of by SMEs; if a Supplementary Estimate will be required to finance this scheme in 2018; and the estimated Exchequer funding needed to operationalise this scheme. [53684/17]
Amharc ar fhreagraA Rescue and Restructuring (R&R) Scheme for Ireland was approved by the EU Commission on 30th November 2017 and is now available to SMEs in difficulty. Under the scheme an undertaking is considered to be in difficulty when, without intervention by the State, it will almost certainly be condemned to going out of business in the short or medium term.
This scheme has been put in place as it was considered prudent to have contingency measures in place so that we can respond swiftly to changing circumstances as necessary. However, I do not expect that there will be a need for the State to provide rescue/restructuring aid to companies.
The overall budget for the scheme is €10 million. Any issues with regard to funding for the scheme will be addressed in consultation with the Department of Public Expenditure and Reform.
302. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the amount allocated to the programme for research in third level institutions in 2018. [53685/17]
Amharc ar fhreagraThe 2018 allocation to the Programme for Research in Third Level Institutions (PRTLI) is €14.3m. A portion of the 2018 PRTLI allocation for 2018 will be used to part pay outstanding bills for PRTLI Cycle 5 projects. There were 33 projects funded in Cycle 5, with the final two completed in mid-2017.
The PRTLI funding allocation also funds vital shared infrastructure, essential to the third level research sector. This includes part payment of an annual subscription to e-Journals. E-Journals funding provides Irish based scientists online access to a wide range of leading international scientific journals and is a necessary tool to enable them to conduct their own research. E-Journals in the STEM (Science, Engineering, Technology and Maths) area formed part of the transfer of functions between this Department and the Department of Education & Skills (DES), as decided by Government order in May 2010.
In addition, a portion of the 2018 PRTLI allocation will be used to commence a postgraduate programme funding both PhDs and Research Masters, as per the action in Innovation 2020 to increase postgraduate researcher enrolments, in disciplines aligned to enterprise and national needs.
This new postgraduate programme will be administered by Science Foundation Ireland (SFI) and will fund postgraduate researcher enrolments in disciplines under their remit. Further details will be provided by SFI over the coming months.
303. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the Exchequer funding allocated to Science Foundation Ireland on an annual basis since it was established up to 2017; and the 2018 allocation. [53686/17]
Amharc ar fhreagraSFI was established in July 2003 under the provisions of the Industrial Development (Science Foundation Ireland) Act, 2003. The financial information set out in the table below shows the annual exchequer funding allocated to Science Foundation Ireland on an annual basis from 2003 to 2017, together with the 2018 allocation.
|
Year |
Total annual allocation in €000 |
|
2003 |
69,400 |
|
2004 |
113,700 |
|
2005 |
129,500 |
|
2006 |
147,500 |
|
2007 |
165,772 |
|
2008 |
185,869 |
|
2009 |
176,024 |
|
2010 |
159,833 |
|
2011 |
175,142 |
|
2012 |
169,669 |
|
2013 |
162,300 |
|
2014 |
162,840 |
|
2015 |
168,230 |
|
2016 |
193,662 |
|
2017 |
172,631 |
|
2018 |
177,565 |
For the information of the Deputy, I would like to note that the above budget allocation figures include all sanctioned Deferred Surrender (Capital Carryover) monies, together with any Supplementary Estimate monies as approved by the Houses of the Oireachtas that were provided to SFI for the years in question.
In addition to its 2018 allocation, SFI will be asked to administer a new postgraduate programme for Research Masters and PhDs. The funding to commence this new programme in 2018 will be found within the allocation for the Programme for Research in Third Level Institutions which is a separate budget line of my Department. The total allocation to PRTLI in 2018 is €14.3m.
304. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the number of full-time and part-time staff employed in the Health and Safety Authority in each of the years from 2010 to 2017 by Civil Service grade and other staff; the breakdown of Exchequer funding allocated to the HSA in each of the years from 2010 to 2017; and the budget allocation in 2018. [53688/17]
Amharc ar fhreagraDue to the time it will take to compile the information requested, I am not in a position to provide all of the information to the Deputy within the current timeframe. However, I undertake to supply the information requested directly to the Deputy by next Wednesday, 20 December.
305. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the status of the process for ratifying the CETA; and when the CETA will be voted on by Dáil Éireann in 2018. [53690/17]
Amharc ar fhreagraThe EU – Canada Comprehensive Economic Trade Agreement (CETA) entered into force provisionally from the 21st September 2017. This means that Irish companies may now take advantage of important provisions in the Agreement including the immediate elimination of 98% of tariffs on almost all key exports, access to the Canadian procurement market, the easing of regulatory barriers and more transparent rules for market access.
It is important to note that the provisions relating to investment protection and the Investment Court System are excluded from provisional application. This means Ireland or other Member States will not be bound by these provisions until they are ratified by all Member States in accordance with their national law.
In this regard, given the recent request by Belgium for an Opinion (1/17) from the Court of Justice of the European Union (CJEU) on the compatibility of the Investment Court System in CETA with the European Treaties, I have no immediate plans to seek the ratification of the Agreement. It would only be appropriate to do so after we have considered the Opinion of the CJEU.
Ireland already has a strong trading relationship with Canada which is reflected in the €3.2 billion worth of annual trade between both countries. The value of Irish exports to Canada is worth €2.4 billion whilst the value of Irish imports from Canada is worth €780 million. I welcome the provisional application of CETA which will provide increased opportunities for new and existing Irish companies trading with Canada to build and develop further these relationships, providing increased growth and jobs.
