Finian McGrath (Dublin North Central, Independent)
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73. To ask the Minister for Jobs, Enterprise and Innovation the position regarding assistance to small businesses (details supplied). [38534/14]

Finian McGrath (Dublin North Central, Independent)
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77. To ask the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding money owed to a company; and if he will make a statement on the matter. [38502/14]

Richard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 73 and 77 together.

My Department is responsible for the implementation of the Late Payment Directive that established EU law in the area of prompt payments which was recast through an EU Directive (2011/7/EU) and came into effect across the EU on 16 March 2013. The issue of prompt payment is now covered in Irish law by the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580 of 2012).

This legislation acts as a deterrent to late payment and as a driver for payment on time by establishing a clear expectation in law that payment will be made according to agreed terms. It 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. There are steps that can be taken in cases of disputes including arbitration and legal proceedings.

For business to business transactions, where no contract exists, the payment period is set at 30 days. Where a contract stipulating the payment period does exist, normally such a period should not exceed 60 calendar days unless both parties agree otherwise and providing it is not “grossly unfair” to the creditor.

In relation to the specific query which the Deputy mentions I wish to advise that as a Member of the Government I am not officially responsible to the Dáil for interpreting or stating the law.

The Sheriff (or County Registrar) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder.

The Courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. It is not open to me as Minister to comment or intervene in any way in relation to how a particular case is being conducted or the outcome of any such proceedings.

I am sorry that I cannot be of more assistance to the Deputy on this occasion.