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Wednesday, 9 May 2018

Written Answers Nos. 155-162

Film Industry

Ceisteanna (155)

Peadar Tóibín

Ceist:

155. Deputy Peadar Tóibín asked the Minister for Business, Enterprise and Innovation the commercial rationale for the sale and sale price of a studio (details supplied); and her views on whether the State's financial interests were protected. [20346/18]

Amharc ar fhreagra

Freagraí scríofa

Ardmore Studios Limited has been sold to Olcott Entertainment Limited. The Ardmore site is currently zoned for Film Industry use only, and this protection is due to run for at least 5 more years under the Bray Municipal District Local Area plan. The site cannot be used for non-Film Industry development without the agreement of Wicklow County Council to alter the current zoning restriction.

In relation to the sale price, the commercial rationale and other specific financial details, I am unable to reveal what are confidential details of Enterprise Ireland’s minority shareholding disposal transaction in what is a privately held company. This applies to the Ardmore transaction as it would to any other individual investment or share disposal of Enterprise Ireland where it is a minority shareholder in a privately held company.

What I can however confirm is that Enterprise Ireland negotiated the sale of its shareholding with the benefit of comprehensive due diligence undertaken by independent consultants and is satisfied that it realised full market value, and on a par with the other majority shareholder parties.

The Government had committed that the company would be sold as a going concern and that is what has happened while realising full commercial value for the shareholders selling the company, including Enterprise Ireland.

Investment is required in the Ardmore studio’s facilities to secure its long term commercial future and the Olcott Entertainment deal provides the potential to breathe new life into the company at a time when the market for film production in Ireland is again showing good growth potential.

I understand that Olcott plans to develop and expand the Ardmore Studio offering, and other related entertainment projects, and to retain the current experienced Ardmore management and staff.

The promoters of Olcott Entertainment have a strong track record in the film production industry. This acquisition will ensure Ardmore Studios continues to be a world class film studio. It can also strengthen the potential of Ireland as a location for film production and take advantage of new opportunities in emerging areas including on-demand TV, content and gaming production.

Overall, I am confident that the sale will not only continue to ensure high quality production of current projects, but will also provide continued investment in the studio, and employment opportunities for the skilled workers in the area.

Noise Pollution

Ceisteanna (156)

Seán Haughey

Ceist:

156. Deputy Seán Haughey asked the Minister for Business, Enterprise and Innovation if she is satisfied that there are adequate measures in place to control noise levels in concert halls and cinemas; if these measures are being enforced by local authorities; and if she will make a statement on the matter. [20349/18]

Amharc ar fhreagra

Freagraí scríofa

It is my understanding that enforcement measures by the Local Authorities to ensure adequate measures are in place to control noise levels in concert halls and cinemas in relation to noise pollution and to protect the general public is a matter for my colleague the Minister for Communications, Climate Action and Environment.

Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from commercial and industrial premises within their functional areas. A notice can be served by a Local Authority on any person in charge of any premises, processes or works, other than an activity controlled by the Environmental Protection Agency. In addition, separate event licensing regulations exist which are also a matter for the Local Authorities.

The remit of my Department in connection with concert halls and cinemas is limited to their status as places of employment and the measures that must be taken by employers in the entertainment industry to protect employees from the harmful effects of loud music.

In February 2008, the Control of Noise at Work Part 5 (Chapter 1) of the Safety, Health and Welfare at Work (General Application) Regulations 2007 came into force for the music and entertainment sector in Ireland. The regulations mean that employers have a legal duty to protect their staff from the potential harmful effects of loud music. The regulations apply to any workplace where there is live or recorded music.

The regulations state that any employer in this sector must:

- Make a determination and carry out an assessment of risks of exposure of employees to noise at their work

- Give particular attention when carrying out this assessment to the effects of exposure on employees whose safety or health is at particular risk from such exposure

- Ensure the noise is either eliminated at source or reduced to a minimum

- Take account of other methods of work which eliminate or reduce exposure to noise in the choice of work equipment and in the design or layout of places of work, by noise reduction measures and by work organisation

- Prevent exposure above 85dB(A)

- Provide personal protective equipment if this level is exceeded

- Provide employees with information, training and relating to risks resulting from exposure to noise

- Provide health surveillance including audiometric and hearing checks to employees exposed to noise at work

The Health and Safety Authority has also produced information sheets and guidelines for the entertainment sector at the following links.

http://www.hsa.ie/eng/Publications_and_Forms/Publications/Information_Sheets/Noise_in_Entertainment_2012.pdf

http://www.hsa.ie/eng/Publications_and_Forms/Publications/Occupational_Health/The_Noise_of_Music.html

Capital Expenditure Programme

Ceisteanna (157, 158, 159)

Jonathan O'Brien

Ceist:

157. Deputy Jonathan O'Brien asked the Minister for Business, Enterprise and Innovation the capital allocation across her Department in each of the years 2018 to 2022. [20443/18]

Amharc ar fhreagra

Jonathan O'Brien

Ceist:

158. Deputy Jonathan O'Brien asked the Minister for Business, Enterprise and Innovation her Department's capital allocation for projects under way and projects already tendered or committed to spending contractually. [20460/18]

Amharc ar fhreagra

Jonathan O'Brien

Ceist:

159. Deputy Jonathan O'Brien asked the Minister for Business, Enterprise and Innovation her Department's capital allocation in each of the years 2018 to 2022 disaggregated according to capital allocated to projects under way, projects contractually committed to and projects yet to be initiated. [20477/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 157 to 159, inclusive, together.

The 2018 Revised Estimates Volume published by the Department of Public Expenditure and Reform provided for capital expenditure funding of €555 million for use by my Department 2018. The breakdown of my Department’s 2018 Capital allocation, across the various programme areas, is set out in the following Table:

-

2018

Science Foundation Ireland

€166.75m

IDA Ireland

€132m

Enterprise Ireland – Subhead A7

€63m

Enterprise Ireland – Subhead B4 (R&D)

€122m

Local Enterprise Offices

€22.5m

Memberships of International Research Organisations (eg ESA & others)

€20.25m

Programme for Research in Third Level Institutions

€14.3m

InterTrade Ireland

€5.69m

Interreg

€3.00m

Tyndall National Institute

€4.50m

National Standards Authority of Ireland

€0.50m

Credit Guarantee Scheme

€0.50m

Total

€555m

The Deputy will be aware that the recently published National Development Plan (NDP) sets out a high-level financial and budgetary framework, which includes indicative Exchequer allocations, for each Ministerial Vote Group, over a five-year period from 2018 to 2022. The indicative allocations for my Department are set out in the following table:

2018

2019

2020

2021

2022

€555m

€620m

€630m

€640m

€715m

The precise budgetary Ministerial capital ceilings for the years 2019 to 2022 will be determined as part of the relevant annual Estimates processes.

The Deputy will be aware that the NDP, which is a ten year plan out to 2027, also set out the investment priorities necessary to achieve the National Strategic Outcome 5: A Strong Economy, supported by Enterprise, Innovation and Skills. I and my Department are working to accelerate implementation of the key initiatives for which I have lead responsibility including:

- In early April I launched the second phase of the €60m Regional Enterprise Development Fund. This is part of a rolling programme of competitive calls over the coming years, and builds on the €31m of awards I announced in December 2017;

- I am currently developing the scheme for the Disruptive Technologies Fund will be rolled out later this year and I look forward to announcing the first awards in 2019;

- My Department is currently completing a review of the Seed and Venture Capital Scheme 2013-2018 and I will then bring forward proposals for a further scheme in 2019;

- IDA Ireland is continuing to invest in property solutions to attract investments into the regions;

- The number of world class Science Foundation Ireland Research Centres will increase further this year with the establishment of the Future Milk Centre;

- Additional funding is being provided in 2018 and beyond to increase the number of PhD qualified researchers from higher education sector;

- With the aid of funding from my Department and the Department of Agriculture, Food and Marine and support of the SBCI and EIB, I and Ministers Creed and Donohoe announced a new €300 million Brexit working capital loan fund for businesses with less than 500 employees at the end of March. My Department is also working with colleagues in the Department of Agriculture, Food and Marine, SBCI and EIB on developing a long-term loan scheme for businesses affected by Brexit.

While the NDP is at a very early stage of its existence, I am determined to maximise the potential impacts of the funding being provided to my Department in the first five years of the Plan as set out above so as to ensure sustainable growth and quality employment for all.

HSE Governance

Ceisteanna (160, 214)

Róisín Shortall

Ceist:

160. Deputy Róisín Shortall asked the Minister for Health when his attention was drawn to a request to appoint the director general of the HSE to the board of a private company; and if he expressed a view on that appointment. [20507/18]

Amharc ar fhreagra

Róisín Shortall

Ceist:

214. Deputy Róisín Shortall asked the Minister for Health the rationale for allowing the director general of the HSE to be appointed to the board of a private company; the date on which that request was made to him; the date on which he granted the request; the manner in which the request was made to him; the steps he has taken to ascertain if a conflict of interest may arise out of the appointment; and if he will make a statement on the matter. [20506/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 160 and 214 together.

In May 2017, Mr. Tony O’Brien sought my consent within the terms of his contract of employment as Director General of the HSE to accept an appointment as a non-Executive Director of a commercial business. The Director General advised that the business was based outside the State, concerned with research and development and was not engaged in business with the HSE. He advised that the functions would be performed in his own time without detriment to his work as Director General. He indicated that normal directors' fees would be payable. He also advised that all necessary taxation and Standards in Public Office declarations would be made.

Approval was conveyed in principle on 6th June on the basis that the business was based outside the State and is neither competitive with or engaging in business with the HSE and that the functions would be performed on his own time and without detriment to his work as DG of the HSE.

Mr. O’Brien was asked to provide further details of the company, the estimated time commitment and fee arrangement to the Secretary General of the Department of Health in order that the matter could be finalised.

On 7 December, Mr. O’Brien advised that the company in question is Evofem Biosciences Inc. based in San Diego, California which focuses on women’s healthcare. Its research and development particularly covers areas of unmet medical need in contraception, sexually transmitted infection and for the prevention of recurrence of bacterial vaginosis.

On 20 December 2017, the Secretary General, with my consent, confirmed approval to Mr. O’Brien taking up the appointment subject to confirmation of details on remuneration and time commitment, and subject to the proviso that I, as Minister, reserve the right to review consent should a conflict of interest arise in the future or should there be any negative impact on Mr. O’Brien’s work as Director General.

On 25 January, 2018 Mr. O’Brien confirmed that he had been formally appointed to the Board of Evofem Biosciences Inc. on a non-executive basis. Mr. O’Brien also confirmed that Directors' fees payable to him amount to US$ 65,000 per annum exclusive of stock participation options.

Mr. O’Brien has advised that he envisaged that his time commitment would amount to 5 hours per month and that his attendance at Board meetings would be linked to periods of annual leave. Mr. O’Brien also confirmed that the company has no products which have FDA approval and therefore no products on the Irish market.

Mr. O’Brien has informed me that he is taking a leave of absence from his approved external non-executive board position with Evofem Biosciences Inc. until July.

Hospital Waiting Lists

Ceisteanna (161)

Clare Daly

Ceist:

161. Deputy Clare Daly asked the Minister for Health the reason a person (details supplied) has been waiting since January 2018 for results of eye tests; and if he will make a statement on the matter. [20209/18]

Amharc ar fhreagra

Freagraí scríofa

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.

Hospital Appointments Status

Ceisteanna (162)

James Lawless

Ceist:

162. Deputy James Lawless asked the Minister for Health if a date for a surgery for a person (details supplied) will be expedited; and if he will make a statement on the matter. [20231/18]

Amharc ar fhreagra

Freagraí scríofa

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.

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