Committee Reports > List of Committees > Joint > 2006 > Committee on Enterprise and Small Business > Annual Report of the Joint Committee on Enterprise and Small Business, 2004

Tithe an Oireachtais

An Comhchoiste um Fhiontraíocht agus Mionghnóthaí

Tuarascáil Bhliantúil 2004

agus

Clár Oibre 2005

Eanáir 2006

Houses of the Oireachtas

Joint Committee on Enterprise and Small Business

Annual Report 2004

and

Work Programme 2005

January 2006

Annual Report 2004 and Work Programme 2005

Table of Contents

1. Content and Format of Report

This report has been prepared pursuant to Standing Order 84 (3), (4), (5) and (6) (Dáil Éireann) and Standing Order 69 (3), (4), (5) and (6) (Seanad Éireann) which provide for the Joint Committee to-

•undertake a review of its procedure and its role generally

•prepare an annual work programme

•lay minutes of its proceedings before both Houses

•make an annual report to both Houses.

At its meeting on 26^th January 2006, the Joint Committee agreed that all these items should be included in this annual report.

2. Functions and Powers

The Dáil Select Committee was established by Order of Dáil Éireann of 16 October 2002 to consider Bills, Estimates for Public Services and the terms of any international agreement involving a charge on public funds which come within the aegis of the Department of Enterprise, Trade and Employment.

The Dáil Select Committee under the same Order was enjoined with a Select Committee of Seanad Éireann, established by Order of Seanad Éireann of 17 October 2002, to form the Joint Committee on Enterprise and Small Business. Among the principal functions of the Joint Committee are to consider —

•public affairs administered by the Department of Enterprise, Trade and Employment

•matters of policy for which the Minister for Enterprise, Trade and Employment is responsible

•legislative and expenditure proposals of the Department of Enterprise, Trade and Employment

•scrutiny of EU legislative proposals

•certain matters relating to bodies under the aegis of the Department of Enterprise, Trade and Employment

The Orders of Reference of the Dáil Select Committee and the Joint Committee are set out at Appendix 1.

3. Chairman, Vice-Chairman, Convenors and Membership

Deputy Donie Cassidy was elected as Chairman of the Joint Committee on 13 November 2002. Deputy Martin Brady was elected as Vice-Chairman of the Joint Committee on 25 November 2004. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.

Deputies Joe Callanan and Kathleen Lynch are the Convenors of the Committee whose function it is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members’ availability for divisions.

The Members of the Joint Committee are set out at Appendix 2.

4. Meetings, Attendance and Recording

Meetings of the Joint Committee and Select Committee took place in the Committee rooms in Leinster House 2000 and the meeting of 25^th November took place in Room A in Leinster House 2000. Meetings were in public unless otherwise ordered by the Committee.

Televised coverage of public meetings of the Committee were broadcast live within the Leinster House complex and were available for subsequent public broadcasting by RTE, TG4 and TV3 and other broadcasting organisations.

An Official Report (Parliamentary Debates) of the public meetings of the Committees is published and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. The Official Reports may also be viewed on the Houses of the Oireachtas website at www.oireachtas.ie .

Copies of other reports published by the Joint Committee may be obtained from the Clerk, Joint Committee on Enterprise and Small Business, Kildare House, Kildare Street, Dublin 2. A list of these reports is set out at paragraph 8.

5. Number and Duration of Meetings

The Joint Committee met on 33 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 46 hours. The date and subject matter of each meeting is set out in paragraph 6 below and at Appendix 3.

The Dáil Select Committee met on 6 occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 8 hours. The date and subject matter of each meeting is set out in paragraph 6 below and at Appendix 4.

Minutes of proceedings of the Joint Committee meetings in public session are attached at Appendix 5.

6. Work of the Committee

6.1 Joint Committee

On the 33 occasions the Joint Committee met, it dealt with the following matters:

•Scrutiny of EU Legislative Proposals

•Reform of the Irish Insurance Market

•Fair trade issues

•Investigation into migrant workers in certain industries in Ireland

•National Employment Action Plan 2004 and FÁS Community Employment Schemes

•Grocery prices issue

A copy of the Joint Committee’s work programme for 2005 is at Appendix 6.

6.2 Dáil Select Committee

On the 6 occasions the Dáil Select Committee met, it dealt with the following matters:

•Industrial Relations (Amendment) Bill 2003

•2004 Revised Estimates for Public Services — Vote 34 (Enterprise, Trade and Employment)

•Taxes Consolidation Act, 1997 (Prescribed Research and Development Activities) Regulations 2004

•Safety, Health and Welfare at Work Bill 2004

•Motion regarding the proposal that Dáil Éireann approves the terms of the Berne Convention for the Protection of Literary and Artistic Works (Paris Act of 24 July, 1971, as amended on 28 September, 1979)

7. Groups and Individuals attending before Committee

In the year under report, the Joint Committee met with the following organisations, groups and individuals:

•Ms. Mary Harney T.D., Tánaiste and Minister for Enterprise, Trade and Employment

•Mr. Seamus Brennan T.D., Minister for Transport

•Mr. Michael McDowell T.D., Minister for Justice, Equality and Law Reform

•Mr. Frank Fahey T.D., Minister of State with responsibility for Labour Affairs at the Department of Enterprise, Trade and Employment

•Officials from the Department of Enterprise, Trade and Employment

•The Courts Service

•The Irish Financial Services Regulatory Authority

•Various insurance companies and their representative organisations

•Broker representative organisations

•Various business and consumer groups concerned with insurance reform

•Representatives of Church of Ireland parishes of Mullingar, Killucan, Kilbixy and Almoritia

•The Road Haulage Association

•The Immigrant Council of Ireland

•Enterprise Ireland

•IDA Ireland

•European Anti-Poverty Network

•The Irish Wheelchair Association

•The grocery multiples: Tesco; Superquinn; BWG Foods; RGDATA; Lidl and Musgraves

•The Competition Authority

•Professor David Weissbrodt, University of Minnesota Law School and member of UN Sub-Commission on Promotion and Protection of Human Rights

•The Irish Council for Civil Liberties, IBEC, ICTU and CIF

•The Consultative Committee of Accounting Bodies in Ireland

The Joint Committee also received a delegation from the Norwegian Parliament and met privately with a delegation from the Hungarian Parliament.

8. Reports

8.1 Joint Committee Reports

During the year under report, the Joint Committee published the following reports:

•Second Interim Report on Reforms to the Irish Insurance Market

•EU Scrutiny Report Number 6: COM(2003)33(i) Amended proposal for a Regulation of the European Parliament and of the Council on the hygiene of foodstuffs; and COM(2003)33(ii) Amended proposal for a Regulation of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin.

•EU Scrutiny Report Number 7: COM(2003)27 Green Paper: Entrepreneurship in Europe

•EU Scrutiny Report Number 8: COM(2002)711: Proposal for a Council Regulation on the control of concentrations between undertakings.

•EU Scrutiny Report Number 9: COM(2003)453: Proposal for a Directive of the European Parliament and of the Council on establishing a framework for the setting of Eco-Design requirements for Energy-Using Products and amending Council Directive 92/42/EEC.

•EU Scrutiny Report Number 10: COM(2003)380: Proposal for a Council Regulation amending Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community and Council Regulation (EC) No 2026/97 on protection against subsidized imports from countries not members of the European Community.

•EU Scrutiny Report Number 11: COM(2003)356: Proposal for a Directive of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the Internal Market and amending directives 84/450/EEC and 97/7/EC and 98/27/EC (the Unfair Commercial Practices Directive) and COM(2003)443: Proposal for a Regulation of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws.

•EU Scrutiny Report Number 12: COM(2003)46: Proposal to harmonize national laws on the enforcement of intellectual property rights in the EU. A further objective of the proposal is to establish a general framework for the exchange of information between the responsible national authorities.

8.2 Work in Progress

•Examine the impact of Irish and foreign multiples on the grocery and retail markets and the effects on consumers and on small businesses

•Examine the impact of petrol and other fuel prices on small businesses and on consumers

•Examine the impact of regulation on businesses with particular regard to the recent White Paper on “Regulating Better”

•Re-examine the Groceries Order

•Re-examine the Insurance Industry

9. Travel

The Joint Committee undertook the following travel in accordance with its Orders of Reference in connection with its work programme.

Athlone

New York

Brussels

10. Functions and Powers

The Joint Committee is currently satisfied with its present procedures and role.

____________________

Donie Cassidy, T.D.

Chairman

26^th January 2006