Written answers

Tuesday, 25 March 2025

Department of Enterprise, Trade and Employment

Public Spending Code

Photo of Albert DolanAlbert Dolan (Galway East, Fianna Fail)
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309. To ask the Minister for Enterprise, Trade and Employment the specific data fields included in prompt payment reports as mandated by Government decision S29296; and if he will provide a sample template illustrating the required information. [13507/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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In May 2009, Government Decision of 19 May 2009 put in place formal arrangements to reduce the payment period for Government Departments from 30 days to 15 calendar days.

This Prompt Payment obligation was extended to the HSE, Local Authorities, State Agencies and all other public authorities (excluding commercial Semi-State bodies) in March 2011 (Government Decision of 2 March 2011 and Government Decision of 8 March 2011 refer).

In March 2017 these bodies were obligated to report quarterly on their compliance with the Government’s 15 Day Prompt Payment Commitment using a revised payment performance template (Government Decision of 28 March 2017).

The data fields included in the report are:

  • The total number and value of payments made in the quarter
  • The number, value and percentage of payments made within 15 days
  • The number, value and percentage of payments made within 16-30 days
  • The number, value and percentage of payments made in excess of 30 days that were subject to Late Payment Interest and compensation costs
  • The number, value and percentage of payments made in excess of 30 days that were not subject to late payment interest and compensation costs
  • Amount of late payment interest paid in the quarter
  • Amount of compensation costs paid in quarter
Templates are provided of the report to be completed by Government Departments and the report to be completed by HSE, Local Authorities, State Agencies and all other public authorities (excluding commercial Semi-State bodies).

">Prompt Payment Report

">Prompt Payment Report

Photo of Albert DolanAlbert Dolan (Galway East, Fianna Fail)
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310. To ask the Minister for Enterprise, Trade and Employment the legal or policy framework underpinning the requirement for public sector bodies to submit prompt payment reports, referencing Government Decision S29296 and any related legislation or guidelines. [13508/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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The issue of 'late payment in commercial transactions' is governed by the European Communities (Late Payment in Commercial Transactions) Regulations 2012 - SI 580 of 2012 as amended. The purpose of these regulations is to give legal effect to Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions.

The legislation requires that commercial transactions for all goods and services where the purchaser is a public authority, should be paid for, on receipt of valid invoice, within 30 days or such payments will incur late payment interest and compensation for recovery of costs.

Since 2009, central government departments have been obliged to pay their suppliers within 15 days of receipt of a valid invoice (Government Decision of 19 May 2009). This policy initiative was implemented to improve their respective payment times to assist the cash flow of businesses. A requirement that all departments report to my Department on the implementation of these arrangements was also included.

Subsequently, the 15-day prompt payment requirement was extended beyond central government departments and rolled out to the Health Service Executive, the Local Authorities, State Agencies and all other Public Sector Bodies (excluding Commercial Semi-State bodies) (Government Decision of 2 March 2011 and Government Decision of 8 March 2011 refer). This included the requirement for each body to report quarterly to its parent department on performance in respect of these arrangements.

Photo of Albert DolanAlbert Dolan (Galway East, Fianna Fail)
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311. To ask the Minister for Enterprise, Trade and Employment to clarify which public sector entities are mandated to submit prompt payment reports; and if he will provide a comprehensive list of these entities. [13509/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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Since 2009, central government departments have been obliged to pay their suppliers within 15 days of receipt of a valid invoice (Government Decision of 19 May 2009). This policy initiative was implemented to improve their respective payment times to assist the cash flow of businesses. This also included the requirement that departments report to my Department on the implementation of these arrangements.

Subsequently, the 15-day prompt payment requirement was extended beyond central government departments and rolled out to the Health Service Executive, the Local Authorities, State Agencies and all other Public Sector Bodies (excluding Commercial Semi-State bodies) (Government Decision of 2 March 2011 and Government Decision of 8 March 2011). This included the requirement for each body to report quarterly to its parent department on performance in respect of these arrangements.

My department does not maintain a list of all entities covered by this reporting requirement. Government Decision of 2 March 2011 requires that each body report quarterly to its parent department on performance in respect of these arrangements. Parent departments are best placed to know which bodies should be reporting to them and whether those bodies are meeting the reporting requirements.

Photo of Albert DolanAlbert Dolan (Galway East, Fianna Fail)
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312. To ask the Minister for Enterprise, Trade and Employment to detail the consequences or sanctions in place for public sector bodies that fail to submit prompt payment reports as required by Government Decision S29296. [13511/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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Government departments, the HSE, Local Authorities, State Agencies and all other public authorities (excluding commercial Semi-State bodies) are required to report quarterly on their compliance with the Government’s 15 Day Prompt Payment Commitment. There are no sanctions in place where such bodies do not meet this requirement.

However, sanctions in the form of late payment interest and compensation for recovery of costs are in place for those payments that breach the 30-day legal time-frame for payment of invoices under Directive 2011/7/EU of the European Parliament and of the Council.

Earlier this month Government agreed new measures to support effective delivery of the Public Sector’s obligation to pay its bills within 15 days. This programme of work will also include reviewing with parent departments where public sector bodies are not meeting the requirement to report quarterly on their compliance with the Government’s 15 Day Prompt Payment Commitment with a view to ensuring that this reporting requirement is met going forward.

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