Written answers

Tuesday, 8 July 2014

Department of Jobs, Enterprise and Innovation

Legislative Process RIA

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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345. To ask the Minister for Jobs, Enterprise and Innovation the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [29296/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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My Department has published 16 Bills since 2011 and these are as follows:-

Patents (Amendment) Bill 2011

Competition (Amendment) Bill 2011

Protection of Employees (Temporary Agency Work) Bill 2011

Industrial Relations (Amendment) (No. 3) Bill 2011

Credit Guarantee Bill 2012

Companies (Amendment) Bill 2012

Microenterprise Loan Fund Bill 2012

Industrial Development (Science Foundation Ireland) (Amendment) Bill 2012

Companies Bill 2012

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013

The Industrial Development (Forfás Dissolution) Bill 2013 (published December 2013)

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013

County Enterprise Boards (Dissolution) Bill 2013

Companies (Miscellaneous Provisions) Bill 2013

Competition and Consumer Protection Bill 2014

Employment Permits (Amendment) Bill 2014

Since March 2011, my Department has published a total of 19 regulatory impact assessments in relation to the following Bills, Acts and EU Directives:-

RIA Undertaken

(Name of Bill/Act/Regulations)
Date published
County Enterprise Boards (Dissolution) Bill 201331st July 2013
The European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 Guidance NoteJune 2014
Competition and Consumer Protection Bill 2014March 2014
Microenterprise Loan Fund Act 18th July 2012
Credit Guarantee Act 201224th July 2012
22nd December 2012
Companies Bill 2012A RIA was published with the General Scheme in July 2007 and a revised RIA was published with the Bill in December 2012
Companies (Miscellaneous Provisions) Bill 2013October 2013
Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013July 2013
Companies (Amendment) Bill 2012April 2012
Competition (Amendment) Bill 2011September 2011
European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013 (was enacted July 2013)This RIA was considered by Government and a summary of the RIA was included in a press statement issued by my Department on 24th May 2013
Industrial Relations (Amendment) (No. 3) Bill December 2011
Protection of Employees (Temporary Agency Work) Bill 2011December 2011
Employment Permits (Amendment) Bill 2014January 2013
Review of the Research Exemption Provision Section 42(g) of the Patents Act 199223rd July 2013
Review of the Patents Act 199214th March 2012
Protection of Copyright and Certain Related Rights3rd October 2013
Workplace Relations Bill 2014 April 2014

In respect of legislation currently being prepared by my Department, the following 5 RIAs have also been published.

RIA Undertaken

(Name of Bill/Act/Regulations)
Details of Regulatory Impact Assessment
County Enterprise Boards (Dissolution) Bill 2013Bill and RIA 31st July, 2013


In April, 2012 the Government approved (ref. no. S180/20/10/1597 of 17 April 2012) the restructuring of the existing micro enterprise support structures with a view to creating an enhanced national micro enterprise support model to be delivered through Local Enterprise Offices (LEOs). The key elements of the Government decision were:

Dissolve 35 County & City Enterprise Boards (CEBs), transfer their functions, assets and liabilities to Enterprise Ireland (EI).

Deliver enhanced service to the sector through the Local Enterprise Offices (LEOs) underpinned by a robust Service Level Agreement (SLA) between EI and the Local Authorities (LAs).

Existing CEB staff to be given the option of redeploying to either Enterprise Ireland or the relevant Local Authority.

Ring-fence CEB staff to retain their expertise and enterprise culture for the new LEO.

Minister for Jobs, Enterprise and Innovation to retain responsibility for enterprise policy and budgets.

Minister for Jobs, Enterprise and Innovation to draft any legislation necessary to achieve these objectives.
Directive 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (Recast) This RIA was prepared by my Department in August, 2012. The purpose of the Recast Directive is to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and, in particular, of SMEs.


Previously the rules on late payments were under Directive 2000/35 and this new legislation repeals and modernises these old rules.


This Directive lays down the specific deadlines for the payment of invoices and establishes a right to compensation in the event of late payment in all commercial transactions, whether they relate to transactions between private or public undertakings, or between undertakings and public authorities.

This Directive came into effect across the EU on 16th March 2013.
Microenterprise Loan Fund Bill 2012 This RIA was prepared by my Department in April, 2012. The objective of this legislation is to establish a Microenterprise Loan Fund and to provide for Social Finance Foundation to manage and control the Microenterprise Loan Fund on behalf of the Minister for Jobs, Enterprise and Innovation. It empowers the Minister to pay monies provided by the Oireachtas into the fund and to accept gifts of moneys for allocation to the Fund.


The objective of the fund is to provide loans to start-up, newly established, or growing microenterprises, thereby facilitating job creation and retention across the economy in all microenterprises with commercially viable proposals that do not meet the conventional

risk criteria applied by banks.


The Microenterprise Loan Fund is not intended to replace any current bank.
Credit Guarantee Bill 2012This RIA was carried out in October, 2011. The ultimate objective of this regulatory proposal is to empower the Minister for Jobs, Enterprise and Innovation to establish a targeted Temporary Partial Credit Guarantee Scheme.


The legislation will empower the Minister to give a loan guarantee, designate a lending institution as a participating lending institution, set eligibility criteria for borrowers in such lending institutions, set loan conditions, set out requirements in respect of liability of the Minister regarding payment of

guarantees, to require adequate monitoring arrangements and evaluation, to review and revoke the scheme and to assign a contractor to oversee the operation of the Scheme.


The objective of the Scheme is to provide a Government guarantee to the lender of 75 per cent on eligible individual loans to viable businesses, which is paid to the lender on the unrecovered outstanding balance on a loan in the event of an SME defaulting on the loan repayments. The purpose of the scheme is to encourage additional lending to SMEs, not to substitute for conventional lending. It is not a grant, nor is it a support for ailing businesses. The Scheme is intended to address specific market failures that prevent bank lending to some commercially viable businesses by providing a level of guarantee to banks against losses on qualifying loans to job-creating firms. All decision making at the level of the individual loan will be fully devolved to the participating lenders.
Workplace Relations Bill 2014To explore the various policy options regarding the introduction of legislation to consolidate the existing employment and equality dispute resolution and compliance and enforcement bodies. The Draft Scheme of the Workplace Relations Bill outlines proposals which will deliver a root-and-branch reform of the State's existing employment rights and industrial relations structures. The current complex structure involving five bodies will be replaced with a new reformed two-tier system compromising two bodies (the Workplace Relations Commission and an expanded Labour Court), supported by a single shared-services administration.

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