Catherine Murphy (Kildare North, Social Democrats)
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169. To ask the Minister for Enterprise, Trade and Employment if he will provide clarity on sections 6 and 9 of the County Enterprise Boards (Dissolution) Act 2014; if it is Enterprise Ireland that takes the place of a local enterprise office in any legal proceedings after the transfer of function, oversight and liability; and the number of breaches of EU state aid law that have occurred since 2020 in his Department under article 107,108 and 109 and associated EU treaty provisions. [60098/22]

Damien English (Meath West, Fine Gael)
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Section 6 of the County Enterprise Boards (Dissolution) Act 2014, relates to the transfer of the functions of the County Enterprise Boards to Enterprise Ireland as per Section (3) (a) of the Act:

The functions transferred to Enterprise Ireland by this section shall, in the functional area of a local authority, be performed on its behalf by that local authority.

Section (3)(b) provides for the making of arrangements between Enterprise Ireland and the Local Authority to carry out this function:

Enterprise Ireland may make an arrangement with a local authority in relation to the performance by that local authority of functions transferred to Enterprise Ireland by this section and, where such an arrangement is made, the local authority shall perform those functions in accordance with the arrangement.

Section 9 of the Act refers to liability for loss occurring before dissolution day:

(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of the functions transferred to Enterprise Ireland by this Act shall on and after that day, lie against Enterprise Ireland and not against a county enterprise board.

(2) Any legal proceedings pending immediately before the dissolution day to which a county enterprise board is a party, that relate to a function of that county enterprise board transferred by this Act, shall be continued, with the substitution in the proceedings of Enterprise Ireland, in so far as they so relate, for that county enterprise board and the proceedings shall not abate by reason of such substitution.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against a county enterprise board be enforceable against Enterprise Ireland and not that county enterprise board.

(4) Any claim made or proper to be made by a county enterprise board in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, where the claim relates to functions transferred to Enterprise Ireland by section 6, on and after that day be regarded as having been made by or proper to be made by Enterprise Ireland and may be pursued and sued for by Enterprise Ireland as if the loss or injury had been suffered by Enterprise Ireland.

Further clarification of those sections would be subject to legal interpretation.

Officials in my Department are not aware of any breaches of State Aid law concerning aid granted by either my Department or agencies of my Department where a complaint was subsequently lodged with either the Irish Courts or the European Commission since 2020. As you are aware, State Aid rules are ever evolving and it is possible for a complaint to be made by an individual or enterprise regarding any State Aid measure to the European Commission or the National Courts.