Written answers

Tuesday, 7 July 2009

Department of Enterprise, Trade and Employment

Departmental Expenditure

12:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 110: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the amount of mobile telephone bills paid in relation to the departmental mobile telephone assigned to her by her Department in each of the years 2007, 2008 and to date in 2009; the percentage or amount of same for each year which applies to data charges; the percentage or amount of same for each year which applies to roaming charges; and if she will make a statement on the matter. [27117/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The information requested by the Deputy is being collated at present and we'll issue him with a response as soon as the necessary data has been gathered.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 111: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the accumulated cost of court cases taken by her Department in the past five years; the cost of each individual case; the nature of each case; and if she will make a statement on the matter. [27178/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The information sought by the Deputy in relation to my Department and its Offices is set out in the tables. Employment Rights Prosecutions and Civil Enforcement Cases

NERA, and its predecessor the Employment Rights Compliance Section of the Department of Enterprise, Trade and Employment, processes both the enforcement of awards of both the Labour Court and the Employment Appeals Tribunal through the Courts (civil enforcement cases) and prosecution cases on behalf of Inspection Services where employers fail to comply with certain employment rights legislation and in situations where employers in the construction industry fail to comply with Orders of the Labour Court.

Tables 1 and 2 show the number of prosecution and civil enforcement cases referred in the years 2004, 2005, 2006, 2007 and 2008 and to end June, 2009.

The majority of the legal costs relating to these cases was borne by the Chief State Solicitor's Office and is not known to NERA. However, NERA did incur costs in respect of legal searches and the registration of a judgement mortgage carried out in advance of certain civil enforcement cases being referred to the Chief State Solicitor's Office. These costs are shown in Table 2.

The provision of legal services by the Chief State Solicitor's Office in support of NERA's prosecution and civil enforcement activities ceased in October 2008. NERA entered into contracts with legal firms in April 2009 for the provision of legal services to NERA. As none of these cases have yet been concluded, the actual costs in each case cannot be determined at this time. For example, of the 29 prosecution cases referred in 2009 to date, summonses have issued in 15 cases.

Table 1: Employment Rights-Prosecutions Referred 2004-2009

Number of Cases ReferredDate initiatedCase initiated byNature of CasesCosts
29 Cases2009*MinisterBreaches of Employment Rights LegislationCosts (to be borne by NERA) not yet determined
70 Cases2008MinisterAs aboveCosts borne by CSSO
98 Cases2007MinisterAs aboveCosts borne by CSSO
62 Cases2006MinisterAs aboveCosts borne by CSSO
61 Cases2005MinisterAs aboveCosts borne by CSSO
54 Cases2004MinisterAs aboveCosts borne by CSSO

* To end June, 2009

Table 2: Employment Rights-Civil Enforcement cases Referred 2004-2009

Number ofCases referredYearinitiatedCaseinitiatedbyNature of CaseCostsLegal Searches and other Costs (€)
02009*--Nil0
122008MinisterEnforcement of Labour Court or Employment Appeals Tribunal AwardsCosts borne by CSSO€3,135
172007MinisterAs aboveCosts borne by CSSO€3,232
192006MinisterAs aboveCosts borne by CSSO€3,283
242005MinisterAs aboveCosts borne by CSSO€4,195
352004MinisterAs aboveCosts borne by CSSO€4,097

* To end June, 2009

Table 3: Freedom of Information cases

Name of CaseDate InitiatedCase Initiated byNature of CaseCostsAny other Information for the Minister (may or may not be used in Final Reply)
Minister for Enterprise Trade and Employment v The Information Commissioner Appeal under S42 of the FOI Act as amended.14 Dec 2004MinisterRegarding a decision of the Information Commissioner on 18 October 2004 directing the Department to release records relating to Waterford City Enterprise Board under FOI.CSSO represented the Department.Judgment was delivered on 25 January 2006 in favour of the Department. On the advice of the CSSO the Department did not seek costs, as this would entail a transfer from one vote to another.

Table 4: Office of the Director of Consumer Affairs cases

The Department is unable to supply the details for each individual case, as requested by the Deputy, in the time given. An aggregate number of the cases and costs per annum is provided as follows.

YearAggregate Number of Court Cases *Nature of ProsecutionsCost Incurred including VATCase Initiated by
20048319431Retail Price (Beverages in Licensed Premises) Display Order, 1999 and contrary to Section 22 of the Prices Acts 1958 to 1972 as amended by the Restrictive Practices (Amendment) Act 1987Consumer Information Act, 1978European Communities (Labelling of Footwear) Regulations, 1996 and contrary to Section 3 of the European Communities Act 1972European Communities (Requirements to Indicate Product Prices) Regulations 2002 and contrary to Section 3 of the European Communities Act, 1972Restrictive Practices (Groceries) Order 1987 and contrary to Section 20 of Restrictive Practices Act, 1972 as amended by the Restrictive Practices (Amendment) Act, 1987Merchandise Marks Act, 1887, as amended by Section 4(2) of the Consumer Information Act,1978Consumer Credit Act, 1995:Contrary to Sections 21(1) and 26(1)€10,666Office of the Director of Consumer Affairs
YearAggregate Number of Court Cases*Nature of ProsecutionsCost Incurred including VATCase Initiated by
200584141Retail Price (Beverages in Licensed Premises) Display Order, 1999EC (Requirements to Indicate Product Prices) Regulations, 2002Prices Act, 1958 to 1972Restrictive Practices Act 1972, as amended by the Restrictive Practices (Amendment) Act, 1987 and of the Restrictive Practices (Groceries) Order, 1987Consumer Information Act, 1978€180,334**Office of the Director of Consumer Affairs
2006142251Retail Price (Beverages in Licensed Premises) Display Order, 1999EC (Requirements to Indicate Product Prices) Regulations, 2002Consumer Information Act, 1978Merchandise Marks Act, 1887, as amended by Section 4(2) of the Consumer Information Act, 1978€20,243Office of the Director of Consumer Affairs
2007151111Retail Price (Beverages in Licensed Premises) Display Order, 1999EC (Requirements to Indicate Product Prices) Regulations, 2002Consumer Information Act, 1978Charges (Hairdressing) Display Order, 1976EC (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2002 and 2003Retail Price (Food in Catering Establishments) Order 1984€2,148Office of the Director of Consumer Affairs
Totals99€213,391

*The Aggregate number of cases taken refers to cases taken in the year 01 January - 01 December inclusive, with the exception of 2007 in which the ODCA was is in existence for the period 01 January – 30 April 2007.

** Costs include legal advice sought for a prosecution & appeal brought under the Restrictive Practices (Groceries) Order, 1987

Table 5: Office of the Director of Corporate Enforcement cases

In the course of discharging its functions, the ODCE are involved in taking numerous court proceedings each year. These include a range of civil actions such as applications for the disqualification of directors and applications for directions to comply with legal requirements and criminal prosecutions for breaches of company law as well as a range of other forms of proceedings. Details of the various legal proceedings involving the Office are outlined in the Office's annual report each year (Appendix 3.2.).

The total legal expenses incurred by the Office for each of the years is as follows:

Year €000s
2004136
2005207
2006452
2007913
2008630
2009 (to end-June)594

In some cases, costs orders in favour of the Office are made. The amount of costs recovered each year is as follows:

Year €000s
2004154
2005109
200627
200724
2008139
2009 (to end-June)1

Table 6: Companies Registration Office cases

Company and Director prosecutions were taken by the CRO in respect of the failure by companies to file annual returns as required under section 125 of the Companies Act 1963. These cases were prosecuted by the Chief State Solicitor's Office and the full legal costs relating to these cases are not known to the CRO. The only expenses for the CRO were the cost of swearing the Declaration of Service that has to be sworn for each individual summons before the summonses can be entered in the District Court Office - that is usually 10 euro per Declaration. The expenses incurred for each of the years are as follows:

Year
2004250
2005 1,660
20061,470
2007 1,030
20081,220
2009 (to end-June)----

CRO has also initiated several cases under section 371 of the Companies Act 1963 as amended, seeking an order from the High Court directing companies and their directors to file overdue annual returns. Papers are sent to the Chief State Solicitors Office to serve summonses and the only cost that arises for the CRO is the cost of having an affidavit signed and sworn in each case, which amounts to € 12 per affidavit plus €2 for each exhibit that accompanies the affidavit.

The costs incurred for each of the years are as follows:

Year
2004---
2005 ---
200656
2007 ---
2008280
2009 (to end-June)294

The following information should be borne in mind in relation to the data being supplied.

1) The costs above relate to legal bills only and do not include internal Department staff costs.

2) In addition to the cases listed above, the Multilateral Trade Policy Section of my Department is dealing with a case at the European Court of Justice. In that case, Ireland is intervening in a situation where the European Commission has asked the Court for an Opinion on the operation of the EU's Common Commercial Policy (i.e. the EU trade policy). To date the work in this case, which was initiated on 18th February 2009, has been carried out by the Office of the Attorney General and the Chief State Solicitor's Office and no fee notes for this work have yet been received.

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