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Tithe an Oireachtais

An Comhchoiste um Fhiontraíocht agus Mionghnóthaí

Tuarascáil Bhliantúil 2005

agus

Clár Oibre 2006

Feabhra 2006

Houses of the Oireachtas

Joint Committee on Enterprise and Small Business

Annual Report 2005

and

Work Programme 2006

February 2006

Annual Report 2005 and Work Programme 2006

1.	Content and Format of Report
2.	Functions and Powers
3.	Chairman, Vice Chairman, Convenors and Membership
4.	Meetings, Attendance and Recording
5.	Number and Duration of Meetings
6.	Work of the Committee
7.	Groups and Individuals attending before Committee
8.	Reports
9.	Travel
10.	Functions and Powers
APPENDIX 1 - Orders of Reference
APPENDIX 2 - Members of the Joint Committee
APPENDIX 3 - Meetings of the Joint Committee
APPENDIX 4 - Meetings of the Dáil Select Committee
APPENDIX 5 - Minutes of Proceedings of the Joint Committee
APPENDIX 6 - Work Programme 2006

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 1^st February 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^th 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^th 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^th November 2002. Deputy Martin Brady was elected as Vice-Chairman of the Joint Committee on 25^th 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. 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 was available for subsequent public broadcasting by RTE, TV3 and TG4.

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 9.

5. Number and Duration of Meetings

The Joint Committee met on 41 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 50 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 2 occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 2 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 41 occasions the Joint Committee met, it dealt with the following matters:

Grocery Prices Issue
Reform of the Irish Insurance Market (3^rd Phase)
Revised Retail Planning Guidelines
Copyright Theft
Fair Trade Issues
(i) Impact of the smoking ban in Ireland and elsewhere, (ii) Price comparisons of alcohol, (iii) Proposed codification of Liquor Licensing Legislation and (iv) Profitability in the licensed trade
Discussion on the report ‘Make Consumers Count: A New Direction for the Irish Consumers’
Consideration of the submission to be made to the Department of Enterprise, Trade and Employment regarding the Groceries Prices Order
Enterprise Ireland, Annual Report and Accounts 2004
Prices and Statistics
Competition Authority submission on Groceries Order 1987
Non payment of redundancy monies to workers at Tullybeg Retirement Village (Rahan Nursing Home)
Employment problems in the electrical industry
Hearings on the Employment Permits Bill 2005
Local Development Model
WTO negotiations
Scrutiny of EU legislative proposals

A copy of the Joint Committee’s work programme for 2006 is at Appendix 6.

6.2 Dáil Select Committee

On the 2 occasions the Dáil Select Committee met, it dealt with the following matters:

Consideration of the Estimates for 2005 for the Department of Enterprise, Trade and Employment (Vote 34)
Consideration of the Investment Funds, Companies and Miscellaneous Provisions Bill 2005

7. Groups and Individuals attending before Committee

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

TASTE Council
Dublin Meath Growers Society Ltd.
Combat Poverty Agency
Retail Ireland
Marks and Spencer (Ireland) Ltd.
Director of Consumer Affairs
AA Ireland
Parliamentary Delegation from Mongolia
Mr. Dick Roche T.D., Minister for the Environment, Heritage and Local Government
Mr. Micheál Martin T.D., Minister for Enterprise, Trade and Employment
Officials from the Department of Enterprise, Trade and Employment
Piracy Steering Group
Mullingar Fairtrade Steering Group
The Vintners’ Federation of Ireland
Allianz Ireland
Hibernian General Insurance
IBEC
Quinn Direct Insurance
AXA Insurance
I.F.S.R.A.
F.B.D. Insurance
The Irish Insurance Federation (I.I.F.)
Irish Hotels Federation
Alliance for Insurance Reform (A.I.R.)
Officials from the Department of the Taoiseach
Consumer Strategy Group
ICT Ireland, IBEC
Enterprise Ireland
Central Statistics Office (CSO)
Dr. John Fingleton, Chairman, Competition Authority
Parliamentary Delegation from the Faroe Islands
Mr. Michael McDowell T.D., Minister for Justice, Equality and Law Reform
Association of Electrical Contractors of Ireland (AECI)
Assistant Commissioner E. Rock, Traffic, An Garda Síochána
National Safety Council
Personal Injuries Assessment Board
Chambers of Commerce of Ireland
Irish Congress of Trade Unions
Kilkenny County Enterprise Board
Mallow Development Partnership
Mr. Martin Cullen T.D., Minister for Transport
Mr. Ivor Callely T.D., Minister of State at the Department of Transport
Concern
Trade Matters

8. Reports

8.1 Joint Committee Reports

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

Third Report: Interim Report on the Impact of Grocery Multiples on the Grocery and Retail Markets and its Effect on Consumers, Small Grocery Retailers and Small Grocery Suppliers
Fourth Report: Innovation, Competition and Regulation - Achieving the Balance (Phil Hogan TD, Rapporteur)
Fifth Report: Economic Impact of Decentralisation (Senator John Hanafin, Rapporteur)
EU Scrutiny Report No. 13 - COM(2003)823 Final: Proposal for a Regulation of the European Parliament and of the Council Amending Council Regulation (EC) No 1165/98 Concerning Short-Term Statistics
EU Scrutiny Report No. 14 - COM(2004)57 Final: Proposal for a Council Regulation Amending Regulation (EEC) No 1365/75 on the Creation of a European Foundation for the Improvement of Living and Working Conditions
EU Scrutiny Report No. 15 - COM(2004)96 Final: Proposal for a Decision of the European Parliament and of the Council Establishing a Multi-Annual Community Programme to Make Digital Content in Europe More Accessible, Usable and Exploitable

and

COM(2004)367 Final: Amended Proposal for a Decision of the European Parliament and of the Council Establishing a Multi-Annual Community Programme to Make Digital Content in Europe More Accessible, Usable and Exploitable

EU Scrutiny Report No. 16 - COM(2004)177 Final: Proposal for a Directive of the European Parliament and of the Council on Statutory Audit of Annual Accounts and Consolidated Accounts and Amending Council Directives 78/660 EEC and 83/349 EEC
EU Scrutiny Report No. 17 - COM(2004)730 Final: Proposal for a Directive of the European Parliament and of the Council Amending Council Directive 77/91/EEC, as Regards the Formation of Public Limited Liability Companies and the Maintenance and Alteration of their Capital
EU Scrutiny Report No. 18 - COM(2004)781 Final: Proposal for a Decision of the European Parliament and of the Council Amending Council Decision 2000/819/EC on a Multi-Annual Programme for Enterprise and Entrepreneurship, and in Particular for Small and Medium Sized Enterprises (SME’s) (2001-2005)
EU Scrutiny Report No. 19 - COM(2004)847 Final: Proposal for a Council Decision Concerning the Conclusion of an Agreement Between the Government of the Socialist Republic of Vietnam and the European Community on Market Access
EU Scrutiny Report No. 20 - COM(2005)141 Final: Integrated Guidelines for Growth and Jobs (2005-2008), Including a Commission Recommendation on the Broad Guidelines for the Economic Policies of Member States and the Community (under Article 99 of the EC Treaty) and a Proposal for Council Decision on Guidelines for the Employment Policies of Member States (under Article 128 of the EC Treaty)

8.2 Work in Progress

Reforms to the Irish Insurance Market (Review on-going)
Scrutiny of EU Legislative Proposals
Discussion with Department officials on Fourth Report of the Joint Committee – ‘Innovation, Competition and Regulation - Achieving the Balance’

9. Travel

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

China

a)	Purpose of travel:	Trade Mission by the Taoiseach to the People’s Republic of China
	Date of Destination:	16^th to 22^nd January, 2005
	Members travelling:	Donie Cassidy TD, Chairman

The Hague

b)	Purpose of travel:	The Hague to attend the XVth Eureka Inter-Parliamentary Conference
	Date of Destination:	25^th to 27^th May, 2005
	Members travelling:	Ned O’Keeffe TD

Wexford

c)	Purpose of travel:	Wexford for a series of meetings with local interest groups
	Date of Destination:	19^th May, 2005
	Members travelling:	Donie Cassidy TD (Chairman), Joe Callanan TD, Tony Dempsey TD, Phil Hogan TD, Brendan Howlin TD, M.J. Nolan TD, Ned O’Keefffe, Senator Paul Coghlan and Senator Terry Leyden

Cork

d)	Purpose of travel:	Cork for a series of meetings with local interest groups
	Date of Destination:	23^rd June, 2005
	Members travelling:	Donie Cassidy TD (Chairman), Joe Callanan TD, Kathleen Lynch TD, M. J. Nolan TD, Ned O’Keefffe TD, Senator Paul Coghlan and Senator Terry Leyden

Strasbourg

e)	Purpose of travel:	To attend meetings in relation to certain EU Directives, notably in the area of Computer Implemented Inventions
	Date of Destination:	4^th to 7^th July, 2005
	Members travelling:	Ned O’Keefffe TD and Senator Terry Leyden

Hong Kong

f)	Purpose of travel:	WTO Ministerial and Parliamentary Conferences
	Date of Destination:	10^th to 15^th December, 2005
	Members travelling:	Donie Cassidy TD (Chairman), Joe Callanan TD, Phil Hogan TD and Brendan Howlin TD

10. Functions and Powers

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

Donie Cassidy, T.D.

Chairman

1^st February 2006

APPENDIX 1

Orders of Reference

Committee on Enterprise and Small Business
Orders of Reference

Dáil Éireann on 16 October 2002 ordered:

1. That a Select Committee, which shall be called the Select Committee on Enterprise and Small Business, consisting of 11 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider -
  1. such Bills the statute law in respect of which is dealt with by the Department of Enterprise, Trade and Employment;
  2. such Estimates for Public Services within the aegis of the Department of Enterprise, Trade and Employment; and
  3. such proposals contained in any motion, including any motion within the meaning of Standing Order 157 concerning the approval by the Dáil of international agreements involving a charge on public funds,
  as shall be referred to it by Dáil Éireann from time to time.
2. For the purpose of its consideration of Bills and proposals under paragraphs (1)(a)(i) and (iii), the Select Committee shall have the powers defined in Standing Order 81(1), (2) and (3).
3. For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 90(1), the Minister for Enterprise, Trade and Employment (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.
1. The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Enterprise, Trade and Employment to consider -
  1. such public affairs administered by the Department of Enterprise, Trade and Employment as it may select, including, in respect of Government policy, bodies under the aegis of that Department;
  2. such matters of policy for which the Minister for Enterprise, Trade and Employment is officially responsible as it may select;
  3. such related policy issues as it may select concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas;
  4. such Statutory Instruments made by the Minister for Enterprise, Trade and Employment and laid before both Houses of the Oireachtas as it may select;
  5. such proposals for EU legislation and related policy issues as may be referred to it from time to time, in accordance with Standing Order 81(4);
  6. the strategy statement laid before each House of the Oireachtas by the Minister for Enterprise, Trade and Employment pursuant to section 5(2) of the Public Service Management Act, 1997, and the Joint Committee shall be so authorised for the purposes of section 10 of that Act;
  7. such annual reports or annual reports and accounts, required by law and laid before both Houses of the Oireachtas, of bodies specified in paragraphs 2(a)(i) and (iii), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select;
    Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993;
    Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body concerned or by the Minister for Enterprise, Trade and Employment; and
  8. such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,
  and shall report thereon to both Houses of the Oireachtas.
2. The quorum of the Joint Committee shall be five, of whom at least one shall be a member of Dáil Éireann and one a member of Seanad Éireann.
3. The Joint Committee shall have the powers defined in Standing Order 81(1) to (9) inclusive.
The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.”.

Seanad Éireann on 17 October 2002 ordered:

1. That a Select Committee consisting of 4 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Enterprise and Small Business to consider –
  1. such public affairs administered by the Department of Enterprise, Trade and Employment as it may select, including, in respect of Government policy, bodies under the aegis of that Department;
  2. such matters of policy for which the Minister for Enterprise, Trade and Employment is officially responsible as it may select;
  3. such related policy issues as it may select concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas;
  4. such Statutory Instruments made by the Minister for Enterprise, Trade and Employment and laid before both Houses of the Oireachtas as it may select;
  5. such proposals for EU legislation and related policy issues as may be referred to it from time to time, in accordance with Standing Order 65(4);
  6. the strategy statement laid before each House of the Oireachtas by the Minister for Enterprise, Trade and Employment pursuant to section 5(2) of the Public Service Management Act, 1997, and the Joint Committee shall be so authorised for the purposes of section 10 of that Act;
  7. such annual reports or annual reports and accounts, required by law and laid before both Houses of the Oireachtas, of bodies specified in paragraphs 1(a)(i) and (iii), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select;
    Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993;
    Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body concerned or by the Minister for Enterprise, Trade and Employment; and
  8. such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,
    and shall report thereon to both Houses of the Oireachtas.
2. The quorum of the Joint Committee shall be five, of whom at least one shall be a member of Dáil Éireann and one a member of Seanad Éireann.
3. The Joint Committee shall have the powers defined in Standing Order 65(1) to (9) inclusive.
The Chairman of the Joint Committee shall be a member of Dáil Éireann.”.

APPENDIX 2

Members of the Joint Committee

Deputies:	Martin Brady	(FF)^[1] (Vice-Chairperson)
	Pat Breen	(FG)^[2]
	Joe Callanan	(FF) (Govt. Convenor)
	Donie Cassidy	(FF) (Chairman)
	Tony Dempsey	(FF)
	Phil Hogan	(FG)
	Brendan Howlin	(Lab)
	Kathleen Lynch	(Lab) (Opp. Convenor)
	Paddy McHugh	(Ind)
	M. J. Nolan	(FF)
	Ned O’Keeffe	(FF)^[3]
Senators:	Paul Coghlan	(FG)
	John Hanafin	(FF)
	Terry Leyden	(FF)
	Shane Ross	(Ind)

APPENDIX 3

Meetings of the Joint Committee

MEETING NO	DATE	SUBJECT
74	12^th January 2005	Grocery Prices Issue: Presentations by TASTE Council, Dublin Meath Growers Society Ltd. and Combat Poverty Agency
75	13^th January 2005	Grocery Prices Issue: Presentation by Retail Ireland
76	26^th January 2005	Grocery Prices Issue: Presentations by the Director of Consumer Affairs and Marks and Spencer (Ireland) Ltd.
77	27^th January 2005	Reform of the Irish Insurance Market: Presentation by AA Ireland
78	2^nd February 2005	Discussion with Mongolian Parliamentary Delegation
79	9^th February 2005	Revised Retail Planning Guidelines: Discussion with Mr. Dick Roche T.D., Minister for the Environment, Heritage and Local Government
80	15^th February 2005	Private Meeting
81	23^rd February 2005	Grocery Prices Issue: Discussion with Mr. Micheál Martin T.D., Minister for Enterprise, Trade and Employment
82	2^nd March 2005	Scrutiny of EU legislative proposal, presentation by the Department of Enterprise, Trade and Employment on: Com (2004) 2 - Proposal for a Directive of the European Parliament and of the Council on Services in the Internal Market
83	15^th March 2005	Copyright Theft: Meeting with the Piracy Steering Group
84	21^st March 2005	Private Meeting
85	22^nd March 2005	(a)Private Meeting; and (b)Fair Trade Issues: Presentation by the Mullingar Fairtrade Steering Group
86	23^rd March 2005	Private Meeting
87	13^th April 2005	Private Meeting
88	21^st April 2005	Scrutiny of EU legislative proposal, presentation by the Department of Enterprise, Trade and Employment on: Com (2003) 644: Proposal for a Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
89	26^th April 2005	(i) Impact of the smoking ban in Ireland and elsewhere, (ii) Price comparisons of alcohol, (iii) Proposed codification of Liquor Licensing Legislation and (iv) Profitability in the licensed trade: Presentation by the Vintners’ Federation of Ireland
90	27^th April 2005	Reform of the Irish Insurance Market: Presentations by Allianz, Hibernian General Insurance, IBEC and Quinn Direct Insurance
91	12^th May 2005	Reform of the Irish Insurance Market: Presentation by AXA Insurance
92	1^st June 2005	Reform of the Irish Insurance Market: Presentations by I.F.S.R.A., F.B.D. Insurance and the Irish Insurance Federation
93	9^th June 2005	Reform of the Irish Insurance Market: Presentations by the Irish Hotels Federation and the Alliance for Insurance Reform (A.I.R.)
94	15^th June 2005	Scrutiny of EU legislative proposal, presentation by the Department of the Taoiseach on: Com (2005) 141: Integrated Guidelines for Growth and Jobs (2005-2008), including a Commission Recommendation on the broad guidelines for the economic policies of Member States and the Community and a Proposal for Council Decisions on guidelines for the employment policies of Member States
95	22^nd June 2005	Report ‘Make Consumers Count: A New Direction for the Irish Consumers’: Discussion with Ms. Ann Fitzgerald, Chairperson, Consumer Strategy Group and I.B.E.C.
96	29^th June 2005	Computer Implemented Inventions Directive : Discussion with ICT Ireland
97	6^th July 2005	Private Meeting
98	20^th July 2005	Consideration of the submission to be made to the Department of Enterprise, Trade and Employment regarding the Groceries Order
99	21^st July 2005	(a)Further consideration of the submission to be made to the Department of Enterprise, Trade and Employment regarding the Groceries Order (b)Enterprise Ireland, Annual Report and Accounts 2004: Discussion with the Chief Executive Officer of Enterprise Ireland
100	31^st August 2005	Discussion with representatives of the Central Statistics Office (CSO) regarding prices and statistics
101	13^th September 2005	(a)Competition Authority’s submission to the Minister for Enterprise, Trade and Employment on the Groceries Order 1987 - Discussion with Dr. John Fingleton, Chairman, Competition Authority (b)Non-payment of redundancy monies to workers at Tullybeg Retirement Village also known as Rahan Nursing Home located in County Offaly - Discussion with the Department of Enterprise, Trade and Employment
102	27^th September 2005	Discussion with the Faroese Committee on Fisheries and Industry
103	5^th October 2005	Copyright Theft: Discussion with Mr. Michael McDowell T.D., Minister for Justice, Equality and Law Reform
104	12^th October 2005	Employment problems in the electrical industry: Meeting with the Association of Electrical Contractors of Ireland (AECI)
105	19^th October 2005	Reform of the Irish Insurance Market: Presentations by Assistant Commissioner E. Rock, Traffic, An Garda Síochána and the National Safety Council
106	20^th October 2005	Reform of the Irish Insurance Market: Presentation by the Personal Injuries Assessment Board
107	26^th October 2005	Hearings on the Employment Permits Bill 2005 – Presentation by Chambers of Commerce of Ireland
108	2^nd November 2005	Hearings on the Employment Permits Bill 2005 – Presentation by the Irish Congress of Trade Unions
109	3^rd November 2005	Local Development Model: Discussions with Kilkenny County Enterprise Board and Mallow Development Partnership
110	16^th November 2005	Reform of the Irish Insurance Market: Discussions with Mr. Martin Cullen TD, Minister for Transport and Mr. Ivor Callely TD, Minister of State at the Department of Transport
111	17^th November 2005	WTO negotiations: Discussions with ICTU and Department of Enterprise, Trade and Employment
112	24th November 2005	WTO negotiations: Discussions with Concern and Trade Matters
113	1^st December 2005	Private Meeting
114	20^th December 2005	Scrutiny of EU legislative proposal, presentation by the Department of Enterprise, Trade and Employment on: Com (2003) 644: Proposal for a Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

APPENDIX 4

Meetings of the Dáil Select Committee

MEETING NO:	DATE	SUBJECT
13	18^th May 2005	Consideration of the Estimates for 2005 for the Department of Enterprise, Trade and Employment (Vote 34)
14	2^nd June 2005	Consideration of the Investment Funds, Companies and Miscellaneous Provisions Bill 2005

APPENDIX 5

Minutes of Proceedings of the Joint Committee

Joint Committee on Enterprise and Small Business

Proceedings of the Joint Committee

Wednesday, 12 January, 2005.

The Joint Committee met in public session at 2.32 p.m. in Committee Room 4, LH 2000, a quorum being present.

1. Attendance: The following members attended:

Deputies: Martin Brady; Pat Breen; *Bernard Allen; Joe Callanan; **Ned O’Keeffe; Donie Cassidy (Chairman); ***John McGuinness; Phil Hogan; **** Tom Hayes; Kathleen Lynch; Paddy McHugh; *****Jim Glennon; Ollie Wilkinson; and ******Jimmy Devins.

Senators: Paul Coghlan; *******Maurice Cummins; John Hanafin; ********Mary White; Terry Leyden and *********Camillus Glynn

* In part substitution for Deputy Pat Breen

** In part substitution for Deputy Joe Callanan

*** In substitution for Deputy Tony Dempsey

**** In part substitution for Deputy Phil Hogan

***** In substitution for Deputy M.J. Nolan

****** In part substitution for Deputy Ollie Wilkinson

******* In part substitution for Senator Paul Coghlan

******** In part substitution for Senator John Hanafin

********* In part substitution for Senator Terry Leyden

In Private session:

2. Item Discussed in Private Session

3. Item Discussed in Private Session

In Public Session:

4. Change of ownership of Superquinn

The Committee considered the recent changed in the ownership of Superquinn. It was agreed to invite the new owners of Superquinn, Select Retail Holding, to make a presentation to the Committee.

5. Change in Retail Planning Guidelines

The Committee agreed that this matter should be given further consideration. The matter is to be raised at the next meeting of the Joint Committee on Thursday 13^th January.

6. Presentation by Dublin Meath Growers Society Ltd.; the TASTE Council, Combat Poverty Agency (including Society of Saint Vincent DePaul and Crosscare)

The Committee received a presentation from Dublin Meath Growers Society Ltd.; the TASTE Council, Combat Poverty Agency (including Society of Saint Vincent DePaul and Crosscare). This was followed by a question and answer session.

7. Any Other Business

As there was no other business the meeting was adjourned at 5.00 p.m. until Thursday 13 January.

Donie Cassidy, T.D.,

Chairman.

26 January, 2005.

Joint Committee on Enterprise and Small Business

Proceedings of the Joint Committee

Thursday, 13 January, 2005.

The Joint Committee met in public session at 10.13 a.m. in Committee Room 4, LH 2000, a quorum being present.

1. Attendance: The following members attended:

Deputies: Martin Brady; *Ned O’Keeffe; Pat Breen; **Dan Neville; Joe Callanan; Donie Cassidy (Chairman); ***John Ellis; Phil Hogan; Kathleen Lynch; Paddy McHugh; M.J. Nolan; ****Jimmy Devins and *****John Dennehy.

Senators: Paul Coghlan; ******Paddy Burke; John Hanafin; *******Geraldine Feeney; Terry Leyden and ********Camillus Glynn

* In part substitution for Deputy Martin Brady

** In part substitution for Deputy Pat Breen

*** In substitution for Deputy Tony Dempsey

**** In part substitution for Deputy M.J. Nolan

***** In substitution for Deputy Ollie Wilkinson

****** In part substitution for Senator Paul Coghlan

******* In part substitution for Senator John Hanafin

******** In part substitution for Senator Terry Leyden

In Private session:

2. Item Discussed in Private Session

3. Item Discussed in Private Session

In Public Session:

4. Change in Retail Planning Guidelines

The Committee agreed that the Clerk would circulate a copy of the Minister’s new planning proposals and that item be taken as the first item on the agenda at the Joint Committee meeting of the 27^th January 2005.

5. Greencore announcement regarding the Carlow sugar processing plant

Following a discussion the Committee agreed put this matter as the second item on the agenda for the Joint Committee meeting of the 27^th January and to invite the Minister for Agriculture and Food, Deputy Mary Coughlan T.D., together with the CEO and not more than 3 board members of Greencore, to make a presentation to the Committee on the matter of the closure of the Carlow sugar process plant and Government’s ‘Golden Share’.

6. Presentation by Retail Ireland

The Committee received a presentation from Retail Ireland. This was followed by a question and answer session.

7. Any Other Business

1. Item discussed in Private Session

2. As there was no other business the meeting was adjourned at 11.28 a.m. until Wednesday 26 January.

Donie Cassidy, T.D.,

Chairman.

26 January, 2005.

Joint Committee on Enterprise and Small Business

Proceedings of the Joint Committee

Wednesday, 26 January, 2005.

The Joint Committee met in public session at 12.10 p.m. in Committee Room 3, LH 2000, a quorum being present.

1. Attendance: The following members attended:

Deputies: Martin Brady, Joe Callanan, Donie Cassidy (in the Chair), Phil Hogan, Kathleen Lynch, Paddy McHugh, M.J. Nolan, and Ollie Wilkinson.

Senators: Paul Coghlan, John Hanafin, and Terry Leyden

In Private session:

2. Item Discussed in Private Session

3. Item Discussed in Private Session

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

In Public Session:

7. Presentation by Director of Consumer Affairs

The Committee received a presentation from the Director of Consumer Affairs. This was followed by a question and answer session.

8. Presentation by Marks and Spencer

The Committee received a presentation from Marks and Spencer. This was followed by a question and answer session.

9. Any Other Business

As there was no other business the meeting was adjourned at 2.03 p.m. until Thursday 27 January.

Martin Brady, T.D.,

Vice-Chairman.

2 February, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Thursday, 27 January, 2005

1. The Joint Committee met on Thursday 27^th January 2005 in Committee Room 3, LH 2000, at 12.23 p.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Paddy McHugh, Gerard Murphy (in substitution for Deputy Phil Hogan in part) and M.J. Nolan and Senators John Hanafin, and Terry Leyden.

Apologies were received from Deputy Donie Cassidy.

3. Minutes of meeting of 26^th January 2005

It was agreed to defer consideration of the minutes of 26^th January 2005 until the next meeting.

4. Correspondence

There were no items of correspondence.

5. Presentation by Mr. Conor Faughnan, AA Ireland

The Chairman, Deputy Brady, welcomed Mr. Conor Faughnan, AA Ireland to the meeting. Mr. Faughnan gave a detailed presentation on insurance premia in Ireland.

The following members participated in the ensuing questions and answers: Deputies Howlin, Murphy, Callanan, Dempsey and the Chairman and Senator Hanafin.

The meeting was suspended at 12.38 p.m. and resumed at 1.00 p.m.

6. Any Other Business

There being no further business the meeting adjourned at 1.41 p.m. until Wednesday 2^nd February 2005 at 9.30 a.m.

Martin Brady, T.D.,

Vice-Chairman.

2 February, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Wednesday, 2^nd February, 2005

1. The Joint Committee met in Committee Room 2, LH 2000, on Wednesday 2^nd February 2005, at 9.38 a.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh and M.J. Nolan and Senators Paul Coghlan, John Hanafin, and Terry Leyden.

Apologies were received from Deputy Donie Cassidy.

3. Discussion with Parliamentary Delegation from Mongolia

The Chairman welcomed H.E. Mr. Nambaryn Enkhbayar, Speaker of the State Great Hural of Mongolia, H.E. Mr. Ch. Ulaan, M.P., H.E. Mr. D. Davaasambuu, Ambassador and Mr. Ernest Crosson, Honorary Consul of Mongolia to the meeting.

In his presentation to the Committee, the Speaker covered the parliamentary system, education, the economy and trade.

The Speaker, Ambassador Davaasambuu and Mr. Ernest Crosson responded to questions asked by Deputies Howlin, Lynch and Callanan and Senators Coghlan and Leyden.

The Chairman thanked the Speaker and his delegation for attending the meeting which was a useful exchange.

The meeting was suspended at 10.22 a.m. and resumed at 10.24 a.m.

4. Minutes of meeting of 26^th January and 27^th January 2005

The minutes of the meetings of 26^th January and 27^th January 2005 which had been circulated in advance were agreed and signed.

5. Correspondence

The Joint Committee noted the following Statutory Instruments signed by the Minister for Enterprise, Trade and Employment which had been circulated

The Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004)
The Organisation of Working Time (Inclusion of Offshore Work) Regulations (S.I. No. 819 of 2004)
Statutory instrument 199 of 2004, European Communities (General Product Safety) Regulations 2004.

6. Any Other Business

There being no further business the meeting adjourned at 10.25 a.m. until Wednesday 9^th February 2005 at 11.00 a.m. for a discussion with Mr. Dick Roche T.D. Minister for the Environment, Heritage and Local Government on the recently revised Guidelines on Retail Planning.

Martin Brady, T.D.,

Vice-Chairman.

9 February, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Wednesday, 9^th February, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 9^th February 2005 at 11.05 a.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Pat Breen, Joe Callanan, Tony Dempsey, Brendan Howlin, Kathleen Lynch, Paddy McHugh, M.J. Nolan and Ollie Wilkinson and Senators Paul Coghlan, John Hanafin, and Terry Leyden.

Deputies Arthur Morgan and Ned O’Keeffe were in attendance pursuant to Standing Orders.

Apologies were received from Deputy Donie Cassidy Chairman for his inability to attend.

The Committee conveyed to Deputy Donie Cassidy, Chairman its bests wishes to him for a speedy recovery.

It was agreed to defer consideration of the minutes of the meeting of 2^nd February until after the discussion with the Minister for the Environment, Heritage and Local Government.

3. Discussion with Mr. Dick Roche T.D., Minister for the Environment, Heritage and Local Government re. Retail Planning Guidelines

The Chairman welcomed Mr. Dick Roche T.D., Minister for the Environment, Heritage and Local Government to the meeting. The Minister gave a presentation on the amended Retail Planning Guidelines published in January 2005.

The following Members participated in the ensuing questions and answers: Chairman, Deputies Howlin, McHugh, Callanan, Dempsey, Lynch, Morgan, Nolan and O’Keeffe and Senators Coghlan and Leyden.

The meeting was suspended at 11.47 a.m. and resumed at 12.08 p.m. due to a Dáil vote.

Deputy Callanan acted as temporary Chair on the nomination of Deputy McHugh.

The meeting was suspended at 12.57 p.m. and resumed in private session at 12.59 p.m.

Private Session

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Any Other Business

Item discussed in Private Session

There being no further business the meeting adjourned sine die.

Donie Cassidy, T.D.,

Chairman.

15 February, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Tuesday, 15^th February, 2005

1. The Joint Committee met in Committee Room 2, LH 2000, on Tuesday, 15^th February 2005 at 2.33 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan and Kathleen Lynch and Senators Paul Coghlan, Camillus Glynn (in substitution for Senator Terry Leyden in part), John Hanafin, and Terry Leyden.

Apologies were received from Deputies Phil Hogan, Brendan Howlin, M.J. Nolan and Ollie Wilkinson.

At the commencement of the meeting the Chairman thanked the Members for their best wishes following his recent illness.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Any Other Business

Item discussed in Private Session

There being no further business the meeting adjourned at 2.54 p.m. sine die.

Donie Cassidy, T.D.,

Chairman.

23 February, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Wednesday, 23^rd February, 2005

1. The Joint Committee met on Wednesday, 23^rd February 2005 in Committee Room 3, LH 2000, at 9.33 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Pat Breen, Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan, John Hanafin, and Terry Leyden.

3. Minutes of meeting of 15^th February 2005

The minutes of the meeting of 15^th February 2005, which had been circulated in advance, were agreed and signed.

4. Discussion with Mr. Micheál Martin T.D., Minister for Enterprise, Trade and Employment re. Grocery Prices etc.

The Chairman welcomed Mr. Micheál Martin T.D., Minister for Enterprise, Trade and Employment to the meeting. The Minister had agreed to attend the meeting as part of the examination into grocery prices and related issues.

Following an opening statement from the Minister, the following Members participated in the ensuing debate: Chairman, Deputies Howlin, Hogan, Callanan, O’Keeffe and Dempsey and Senators Hanafin, Leyden and Coghlan.

The Minister responded to the questions asked by Members.

At the conclusion of the debate the Chairman thanked the Minister for contributing to the debate.

5. Correspondence

Letter of 18^th February 2005 from Joint Committee on Social and Family Affairs

(i)It was agreed that the meeting referred to in the correspondence should be held on Tuesday 22^nd March 2005 at 3.00 p.m. – Agenda – Fair Trade.

The meeting was informed that menu cards in the restaurants of the Houses highlighted the words ‘Fair Trade coffee and tea available’. It was noted that the Catering Manager was examining how this fact could be highlighted on the coffee machines in the Self Service.

(ii)The XVth Eureka Inter-Parliamentary Conference 25-27 May 2005, The Hague

The meeting noted that the XVth Eureka Inter-Parliamentary Conference is being held in The Hague from 25-27 May 2005 and that a limit of 5 persons could attend including an official. It was agreed that 2 Members and an official should attend and that the matter be referred to the convenors for further consideration.

(iii)WTO Public Symposium, Geneva 20-22 April 2005 – Parliamentary Panel 22 April 2005

Correspondence relating to the above was noted.

(iv)Letter from Mr. Brian Cowen T.D., Minister for Finance

A letter from Mr. Brian Cowen T.D., Minister for Finance in regard to NDP progress in the BMW region and was prepared in response to issues raised by the Council for the West was noted.

(v)Letter from BWG Group Ltd.

A letter from Mr. Leo Crawford, Group Chief Executive, giving the groups views on the comments of Mr. John Fingleton, Chairman of the Competition Authority was circulated.

It was agreed to include relevant extracts of the correspondence in the report being prepared by O’Reilly Consultants.

(vi)Request by Piracy Steering Group

The meeting noted the request received by the Clerk to the Committee from the Piracy Steering Group seeking a meeting with the Joint Committee to discuss support for tackling the crime of piracy in Ireland (DVD’s and CD’s). It was agreed to meet with the group on a suitable date.

The Chairman made a declaration of interest in this subject.

6. Any Other Business

Mr. O’Reilly indicated that he hoped to be in a position to have a draft report on the Grocery Prices issue in the near future. The programme for discussion, adoption and launch is to be week commencing 21^st March 2005.

There being no further business the meeting concluded at 11.01 a.m. until Wednesday 2^nd March 2005 at 9.30 a.m. when the agenda would include EU Scrutiny.

Donie Cassidy, T.D.,

Chairman.

2 March, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Wednesday, 2^nd March, 2005

1. The Joint Committee met on Wednesday, 2^nd March 2005 in Committee Room 3, LH 2000, at 9.33 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Tony Dempsey, Kathleen Lynch, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

3. Minutes of meeting of 23^rd February 2005

The minutes of the meeting of 23^rd February 2005, which had been circulated in advance, were agreed and signed.

4. Correspondence

The following was noted:

(i) Statutory Instrument No. 71 of 2005, European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) (Amendment) Regulations 2005.

5. Scrutiny of EU Legislative Proposals

The meeting noted the following proposals which had been referred to the Joint Committee for information:

COM(2004) 812

Proposal for a Council Decision on the signing and the provisional application of the bilateral agreement between the European Community and Belarus on trade in textile products

COM(2004) 857

Proposal for a Council Decision on the signing and the provisional application of the bilateral agreement between the European Community and Ukraine on trade in textile matters

COM(2005) 5

Proposal for a Council Decision on the conclusion of the bilateral agreement between the European Community and the Republic of Serbia on trade in textile matters
COM(2004) 822

Proposal for a Council Regulation amending and suspending the application of Regulation (EC) No 2193/2003 establishing additional customs duties on imports of certain products originating in the United States of America; which is an adopted measure also referred to the Joint Committee for information.

6. Discussion on COM(2004)2 – Draft Directive on Services in the Internal Market

The Chairman welcomed Mr. Seamus Ó Morain, Assistant Secretary and Mr. Michael Clarke, Assistant Principal, Department of Enterprise, Trade and Employment to the meeting. Mr. Ó Morain outlined in detail the contents of the draft directive. The following Members participated in the ensuing questions and answers session: - Chairman, Deputies Lynch, O’Keeffe, Callanan and Dempsey.

The Joint Committee noted that a further draft of the Directive was expected in the near future. It was agreed to invite Mr. Charlie McCreevy, EU Commissioner for the Internal Market and Services to a future meeting to discuss the draft directive.

7. Any Other Business

Invitation to Greencore

Deputy M.J. Nolan indicated that he did not wish to pursue the request to invite Mr. David Dilger, CEO, Greencore Group, to a meeting of the Joint Committee to discuss the closure of Carlow Sugar Factory. The meeting was informed that a full and frank exchange of views had taken place at a meeting of the Joint Committee on Agriculture and Food. A copy of Mr. Dilger’s presentation had been circulated to Members.

Report of the Competition Authority on the Study of Competition in Legal Services

The meeting noted that the Competition Authority had recently published a report on the ‘Study of Competition in Legal Services’. Deputy Lynch and Senator Coghlan asked to be furnished with copies.

Examination of the Grocery Prices Issue

It was agreed that the draft report should be available for discussion on Monday 21^st March at 11.30 a.m., formal adoption of the report on Tuesday 22^nd March and launch of the report on Wednesday 23^rd March 2005.

There being no further business the meeting concluded at 10.37 a.m. until Tuesday 15^th March 2005 at 11.30 a.m.

Donie Cassidy, T.D.,

Chairman.

15 March, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Tuesday, 15^th March, 2005

1. The Joint Committee met on Tuesday, 15^th March 2005 in Committee Room 3, LH 2000, at 11.35 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, Phil Hogan, Kathleen Lynch and M.J. Nolan and Senators Paul Coghlan, John Hanafin, Michael Kitt (in substitution for Senator Terry Leyden in part) and Terry Leyden.

Apologies were received from Deputies Brendan Howlin and Ned O’Keeffe.

3. Item Discussed in Private Session

4. Item Discussed in Private Session

5. Discussion with the Piracy Steering Group

The Chairman welcomed Mr. Jerry Flynn, CEO, Sony Ireland; Mr. Martin Higgins, CEO, Xtra-vision, International and Vice-President, Blockbuster International; Mr. Tony Farrell, CEO, Warner Ireland; Mr. Brian Finegan, Secretary General, Irish National Federation for Copyright Theft (INFACT); Mr. Gerry Nagle, Chief Executive Officer, Corporate Connections and Mr. Eamon Brady, Director, Corporate Connections to the meeting.

The Piracy Steering Group outlined their concerns on piracy within the Home Entertainment Industry (DVD business).

Mr. Flynn, Mr. Nagle, Mr. Finegan, Mr. Higgins and Mr. Farrell contributed to the questions and answers in which the Chairman, Deputies Hogan, Lynch and Callanan and Senators Hanafin and Leyden participated.

The meeting noted correspondence dated 11^th March 2005 from Mr. Sean Murtagh, Head of Anti-Piracy Operations IRMA.

The Chairman thanked the Piracy Steering Group for attending and for participating in a very informative meeting.

The meeting was suspended at 12.30 p.m. and resumed at 12.32 p.m. in private session.

6. Any Other Business

Item discussed in Private Session

There being no further business the meeting concluded at 12.38 p.m. until Monday 21^st March 2005 at 11.30 a.m.

Donie Cassidy, T.D.,

Chairman.

21^st March, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Monday, 21^st March, 2005

1. The Joint Committee met on Monday, 21^st March 2005 in Committee Room 3, LH 2000, at 12.11 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Paddy McHugh, Michael Mulcahy (in substitution for Deputy Martin Brady) and Ned O’Keeffe and Senators Paddy Burke (in substitution for Senator Paul Coghlan in part), Paul Coghlan, John Hanafin and Terry Leyden.

It was agreed to go into private session

3. Item Discussed in Private Session

Item discussed in Private Session.

The meeting was suspended from 12.13 p.m. until 12.47 p.m.

1. Item Discussed in Private Session

2. Item Discussed in Private Session

3. Item Discussed in Private Session

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Item Discussed in Private Session

10. Item Discussed in Private Session

11. Item Discussed in Private Session

12. Item Discussed in Private Session

Item discussed in Private Session.

There being no further business the meeting adjourned at 2.26 p.m. until Tuesday 22^nd March 2005 at 2.45 p.m.

Donie Cassidy, T.D.,

Chairman.

22^nd March, 2005.

Joint Committee on Enterprise and Small Business

Minutes of meeting of Tuesday, 22^nd March, 2005

1. The Joint Committee met on Tuesday, 22^nd March 2005 in Committee Room 3, LH 2000, at 2.51 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan, Camillus Glynn (in substitution for Senator John Hanafin in part), John Hanafin and Terry Leyden.

3. Item Discussed in Private Session

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Any Other Business

There being no further business the meeting adjourned at 3.42 p.m. for the commencement of the joint meeting with the Joint Committee on Social and Family Affairs.

Donie Cassidy, T.D.,

Chairman.

23^rd March, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Tuesday, 22^nd March, 2005

The Joint Meeting of the Joint Committee on Enterprise and Small Business and the Joint Committee on Social and Family Affairs

1. The meeting, which was a joint meeting with the Joint Committee on Social and Family Affairs, commenced at 3.40 p.m. in public session.

2. Attendance

The following Members attended:

Deputies: Joe Callanan, John Carty, Donie Cassidy, Tony Dempsey, Michael Finneran, Brendan Howlin, Kathleen Lynch, Paul McGrath (in substitution for Deputy Phil Hogan), Donal Moynihan, Ned O’Keeffe, William Penrose, Michael Ring, David Stanton and Dan Wallace.

Senators: John Hanafin, Terry Leyden, Kate Walsh and Diarmuid Wilson. Senators James Bannon and Mary Henry also attended.

Apologies for inability to attend were received from Deputies Paudge Connolly, Phil Hogan and Seán Ryan.

Ms Lesley Whiteside, Reverend Robert Whiteside, Cllr Ruth Illingworth and Ms Clodagh Ryan representing the Mullingar Fairtrade Steering Group attended in connection with Item 3.

It was decided that Deputies Cassidy and Penrose (chairmen of the respective Joint Committees) would jointly chair the meeting.

The meeting went into private session at 3.42 p.m.

Item discussed in Private Session

The Joint Committee went into public session at 3.44 p.m.

3. Presentation on Fair Trade Issues by a delegation from the Mullingar Fairtrade Steering Group

A delegation from the Mullingar Fairtrade Steering Group comprising Ms Lesley Whiteside, Rev Robert Whiteside, Cllr Ruth Illingworth and Ms Clodagh Ryan made a presentation to the meeting in relation to Fair Trade issues.

The Chairmen of the respective Joint Committees made reports on progress made since 25 May 2004 when a delegation from the Parishioners and Friends of the Church of Ireland parishes of St Nicholas, Almoritia, St Bigseach, Kilbixy, St Etchen’s, Killucan and All Saints, Mullingar, Co Westmeath, the forerunner to the Mullingar Fairtrade Steering Group, had made a presentation in relation to Fair Trade issues to a combined meeting of both Joint Committees.

An exchange of views followed. It was decided to write to the Joint House Services Committee to enquire in relation to the usage of Fair Trade sugar in the Leinster House catering outlets and to request that consideration be given to increasing the use thereof.

The Joint Committee went into private session at 4.22 p.m.

Item discussed in Private Session

4. Adjournment

There being no further business, the meeting adjourned at 4.24 p.m.

Donie Cassidy, T.D.,

Chairman.

13^th April, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 23^rd March, 2005

1. The Joint Committee met on Wednesday, 23^rd March 2005 in Committee Room 2, LH 2000, at 2.09 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Pat Breen, Joe Callanan, Phil Hogan, Brendan Howlin, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

3. Minutes of meeting of 22^nd March 2005

The minutes of the meeting of 22^nd March 2005, which had been circulated in advance, were agreed and signed.

4. Consideration of the draft Report on the Impact of Grocery Multiples on the Grocery and Retail Markets and its Effect on Consumers, Small Grocery Retailers and Small Grocery Suppliers

The Chairman brought forward the third draft of the ‘Report on the Impact of Grocery Multiples on the Grocery and Retail Markets and its Effect on Consumers, Small Grocery Retailers and Small Grocery Suppliers’.

A general discussion took place prior to the formal adoption of the report. The Chairman advised that the formal launch of the report would take place in the Audio Visual Room, LH 2000, at 2.30 p.m., Wednesday, 23^rd March 2005.

Members of the Committee thanked Mr. O’Reilly, Consultant and the Committee Secretariat for their efforts in bringing the report to finality. The Clerk was instructed to lay the report in the library of the Houses in the usual way.

Any Other Business

There being no further business the meeting adjourned at 2.18 p.m. sine die.

Donie Cassidy, T.D.,

Chairman.

13^th April, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 13^th April, 2005

1. The Joint Committee met in Committee Room 2, LH 2000, on Wednesday, 13^th April 2005 at 9.37 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh, M.J. Nolan, Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

3.Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Public Session

It was agreed to go into public session. The Committee went into public session at 9.52 a.m.

10. Report from Deputy Phil Hogan - ‘Innovation, Competition & Regulation – Achieving the Balance’

The report prepared by Deputy Phil Hogan entitled ‘Innovation, Competition & Regulation – Achieving the Balance’ which had been circulated in advance and was considered. Deputy Hogan gave a broad outline of the report. It was agreed to forward a copy of the report to the parent Department for each of the regulatory authority mentioned in the report and requesting a response within four weeks. The report was adopted.

11. Any Other Business

There being no further business the meeting adjourned at 10.15 a.m. sine die.

Donie Cassidy, T.D.,

Chairman.

21^st April, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 21^st April, 2005

1.The Joint Committee met in Committee Room 2, LH 2000, on Thursday, 21^st April 2005 at 9.35 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Pat Breen, Joe Callanan, Brendan Howlin, Kathleen Lynch, M.J. Nolan and Senators John Hanafin and Terry Leyden.

Apologies were received from Deputies Phil Hogan, Paddy McHugh and Ned O’Keeffe.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Public Session

It was agreed to go into public session. The Committee went into public session at 9.39 a.m.

8. Discussion on COM(2003)644 - Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

The Chairman welcomed Ms. Margo Monaghan, Department of Enterprise, Trade and Employment; Mr. Adrian Devitt, Forfas; Ms. Nuala Bannon, Department of the Environment, Heritage and Local Government; Mr. Pat Gilheaney, Department of the Environment, Heritage and Local Government; Ms. Marie Mc Carthy, Health and Safety Authority; Ms. Caroline Bowden, Environmental Protection Agency; Ms. Ita Mc Stravick, Enterprise Ireland and Mr. Gerry Wrynn, Department of Enterprise, Trade and Employment to the meeting.

Ms. Monaghan and Mr. Devitt outlined the reasons for the proposal.

The following contributed to the ensuing debate, Chairman and Deputies Howlin, Lynch, Callanan and Breen. Ms Monaghan, Mr Devitt and Ms. Bannon responded to the variety of questions raised by Members.

The Joint Committee agreed to invite representatives of IBEC, ICT and SME to a future meeting of the committee to discuss the proposal. It was further agreed to invite the participants of todays meeting to a future meeting for further examination of the proposal.

9. Any Other Business

There being no further business the meeting adjourned at 10.32 a.m. until Tuesday 26^th April 2005 at 3.30 p.m. to hear a presentation from representatives of the Vintners’ Federation of Ireland (VFI).

Donie Cassidy, T.D.,

Chairman.

26^th April, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Tuesday, 26^th April, 2005

1. The Joint Committee met in Committee Room 4, LH 2000, on Tuesday, 26^th April 2005 at 3.37 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, James Breen, Pat Breen, Joe Callanan, John Carty, Tony Dempsey, Kathleen Lynch, M.J. Nolan and Senators Maurice Cummins, (in substitution for Senator Paul Coghlan), John Hanafin and Terry Leyden.

Apologies were received from Deputy Phil Hogan and Senator Paul Coghlan.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Public Session

It was agreed to go into public session.

7. Presentation by the Vintners’ Federation of Ireland

The Chairman welcomed Mr. Seamus O'Donoghue, President, Mr. Richard Dunne, Past President, Mr. Liam Fitzpatrick, Leinster Vice President and Mr. Tadg O'Sullivan, Chief Executive, Vintners’ Federation of Ireland to the meeting. The Chairman also welcomed Mr. Michael Howard (former Senator) who was in attendance in the public gallery to the meeting.

Mr. O'Donoghue and Mr. O'Sullivan made a detailed presentation to the meeting on:

1.Impact of the smoking ban in Ireland and elsewhere

2.Comparisons of prices of alcohol in Ireland as against the rest of Europe

3.Profitability in the licensed trade

4.Proposed codification of Liquor Licensing Legislation

5.Insurance Costs

The following Members contributed to the ensuing questions and answers session: Chairman, Deputies Martin Brady, Kathleen Lynch, M.J. Nolan, Pat Breen, Joe Callanan, Tony Dempsey and Senator Maurice Cummins.

Mr. Donoghue, Mr. O'Sullivan, Mr. Dunne and Mr. Fitzpatrick responded to the questions raised by Members.

The Chairman thanked the representatives of the VFI for contributing to an enlightening discussion.

8. Any Other Business

There being no further business the meeting adjourned at 4.58 p.m. until Wednesday 27^th April 2005 at 9.30 a.m. for the commencement of the examination of Reform of the Irish Insurance Industry.

Martin Brady, T.D.,

Vice-Chairman.

12^th May, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 27^th April, 2005

1. The Joint Committee met in Committee Room 2, LH 2000, on Wednesday, 27^th April 2005 at 9.36 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Phil Hogan, Brendan Howlin, Kathleen Lynch, M.J. Nolan and Senators Paul Coghlan and Terry Leyden.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Public Session

It was agreed to go into public session. The Committee went into public session at 9.40 a.m.

7.Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed the representatives of:

Allianz Ireland - Mr. Brendan Murphy, Group Chief Executive; Mr. Sean Maher, Director of Underwriting and Mr. Damien O'Neill, Associate Director of Direct Insurance

Hibernian General Insurance - Mr. Dick O’Driscoll, Managing Director; Mr. Brian Huston, Director and Ms. Laura Booth, Executive Manager

Quinn Direct Insurance - Mr. Kevin Lunney, General Manager and Mr. John O'Driscoll, Commercial Manager

IBEC - Mr. Tony Briscoe, Assistant Director and Mr. Brendan Butler, Enterprise Director to the meeting.

Mr. Murphy, Mr. D. O’Driscoll, Mr. Lunney, Mr. Butler and Mr. Briscoe gave detailed presentations on the Irish Insurance Market.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Howlin, Callanan and Hogan. All of the representatives responded to the questions raised by Members.

The Chairman thanked the representatives of Allianz Ireland, Hibernian General Insurance, Quinn Direct Insurance and IBEC for attending and for contributing to a very important debate.

8. Any Other Business

There being no further business the meeting adjourned at 11.24 a.m. until Thursday 12^th May 2005 at 9.30 a.m.

Martin Brady, T.D.,

Vice-Chairman.

12^th May, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 12^th May, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Thursday, 12^th May 2005 at 9.38 a.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh and Senators Terry Leyden and Joe O’Toole, (in substitution for Senator Shane Ross).

Apologies were received from Deputies Donie Cassidy, Chairman, Pat Breen, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and John Hanafin.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Public Session

It was agreed to go into public session. The Committee went into public session at 9.43 a.m.

8. Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed the representatives of AXA Insurance - Mr. John O’Neill, Chief Executive Officer; Mr. Paul Moloney, Head of Corporate Affairs and Mr. Pat Healy, Executive Director of Finance, Actuary and Planning to the meeting.

Mr. O’Neill gave a detailed presentation on the Irish Insurance Market.

The following Members participated in the ensuing questions and answers – Deputies Hogan, Howlin and Callanan and Senators Leyden and O’Toole.

Mr. O’Neill and Mr. Healy responded to the questions raised by Members.

The Vice-Chairman thanked the representatives of AXA Insurance for attending and for contributing to a very important debate.

Senator Joe O’Toole advised the meeting that he was the Vice-Chairman of the Personal Injuries Assessment Board.

9. Any Other Business

There being no further business the meeting adjourned at 10.30 a.m. sine die.

Donie Cassidy, T.D.,

Chairman.

1^st June, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 1^st June, 2005

1.The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 1^st June 2005 at 9.37 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Tony Dempsey, Phil Hogan, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan, John Hanafin and Terry Leyden.

Apologies were received from Deputy Brendan Howlin.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Public Session

It was agreed to go into public session. The Committee went into public session at 9.46 a.m.

10. Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed the representatives of:

I.F.S.R.A. - Mr. Patrick Neary, Prudential Director; Ms. Anne Troy, Head of Insurance Supervision and Ms. Sharon Donnery, Deputy Head of Consumer Information.

The Irish Insurance Federation (I.I.F.) - Mr. Michael Kemp, Chief Executive and Mr. Michael Horan, Manager, Non-Life Insurance.

F.B.D. Insurance - Mr. Philip Fitzsimons, Chief Executive; Mr. Martin Moran, FBD Director – Insurance and Mr. Niall Higgins, FBD Claims Manager.

Mr. Neary, Mr. Kemp and Mr. Fitzsimons gave detailed presentations on the Irish Insurance Market.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Hogan, Breen, O’Keeffe and Callanan. All of the representatives responded to the questions raised by Members.

The Chairman thanked the representatives of I.F.S.R.A., the Irish Insurance Federation and F.B.D. Insurance for attending and for contributing to a very important debate.

Deputy O’Keeffe made a declaration of interest as a shareholder in FBD Insurance.

11. Any Other Business

(i) Report from Senator John Hanafin - ‘Government Decentralisation in Ireland’

The draft report, ‘Government Decentralisation in Ireland’, prepared by Senator John Hanafin had been circulated and it was agreed to consider the report at the next meeting.

There being no further business the meeting adjourned at 11.17 a.m. sine die.

Donie Cassidy, T.D.,

Chairman.

9^th June, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 9^th June, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Thursday, 9^th June 2005 at 9.39 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Pat Breen, Joe Callanan, Phil Hogan, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senator Terry Leyden.

Apologies were received from Deputies Brendan Howlin and Kathleen Lynch and Senators Paul Coghlan and John Hanafin

3. Expressions of Sympathy

The Chairman led tributes to the former Deputy, Mr. Sean Doherty, RIP. Deputies Hogan, Callanan, Brady and O’Keeffe and Senator Leyden also spoke. The Committee rose in prayer.

4. Minutes of meeting of 1^st June 2005

The minutes of the meeting of 1^st June 2005, which had been circulated in advance, were agreed and signed.

5. Report on Decentralisation in Ireland

The report on ‘Government Decentralisation in Ireland’ prepared by Senator John Hanafin had been circulated. At Senator Hanafin’s request, it was agreed that consideration of the report be deferred to the next meeting so that Senator Hanafin could be present.

6. Correspondence

(i) Construction Industry Federation

The above correspondence had been circulated and was noted.

7. Request to appear before the Committee

ICT Ireland, the association which represents the ICT or high tech sector in IBEC, had requested an opportunity to brief the Committee on the topic of the Computer Implemented Inventions Directive, which is currently being discussed in Brussels. It was agreed to invite them to meet the Committee at the earliest opportunity.

8. Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed the representatives of:

Irish Hotels Federation - Mr. John Power, Chief Executive,

and

Alliance for Insurance Reform - Mr. Barry English, Director, and Ms. Catherine Logan.

Mr. Power and Mr. English gave detailed presentations on the Irish Insurance Market.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Hogan, McHugh, Callanan, Nolan and O’Keeffe. Both Mr. Power and Mr. English responded to the questions raised by Members.

The Chairman thanked the representatives of the Irish Hotels Federation and the Alliance for Insurance Reform for attending and for contributing to a very important debate.

The Chairman made a declaration of interest in the hotels industry.

9. Any Other Business

There being no further business the meeting adjourned at 10.57 a.m. until Wednesday 15^th June 2005 at 9.30 a.m.

Donie Cassidy, T.D.,

Chairman.

15^th June, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 15^th June, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 15^th June 2005 at 9.37 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Tony Dempsey, Paddy McHugh, M.J. Nolan and Senators Paul Coghlan, John Hanafin and Terry Leyden.

Apologies were received from Deputies Phil Hogan and Ned O’Keeffe.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Public Session

It was agreed to go into public session. The Committee went into public session at 9.48 a.m.

10. Discussion on COM(2005)141 - Integrated Guidelines for Growth and Jobs (2005-2008), including a Commission Recommendation on the broad guidelines for the economic policies of Member States and the Community and a Proposal for Council Decisions on guidelines for the employment policies of Member States

The Chairman welcomed Ms. Mary Butler, Mr. John Callinan and Mr. Sean Hurley from the Department of the Taoiseach; Ms. Lorraine Benson and Mr. Padraic Cullinane from the Department of Enterprise, Trade and Employment and Mr. Joe Kirwan from the Department of Finance to the meeting.

Ms. Butler outlined the reasons for the proposal.

The following contributed to the ensuing debate, Chairman and Deputies Callanan and Dempsey and Senators Hanafin and Leyden. Ms. Butler, Mr. Callinan, Ms. Benson, Mr. Cullinane and Mr. Kirwan responded to the variety of questions raised by Members.

11. Any Other Business

There being no further business the meeting adjourned at 10.41 a.m. until Wednesday 22^nd June at 9.30 a.m. to hear presentations from Ms. Ann Fitzgerald, Chairperson, Consumer Strategy Group and from Retail Ireland on the recently published report entitled ‘Make Consumers Count: A New Direction for Irish Consumers’.

Donie Cassidy, T.D.,

Chairman.

22^nd June, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 22^nd June, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 22^nd June 2005 at 9.34 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Pat Breen, Joe Callanan, Phil Hogan, Brendan Howlin, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan, Terry Leyden and Joe O’Toole, (in substitution for Senator Shane Ross).

Apologies were received from Deputy Kathleen Lynch.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Public Session

It was agreed to go into public session. The Committee went into public session at 9.42 a.m.

10. Discussion on the report ‘Make Consumers Count: A New Direction for Irish Consumers’

The Chairman welcomed Ms. Ann Fitzgerald, Chairperson, Mr. Ed Shinnick and Mr. Eoin Gahan from the Consumer Strategy Group and Mr. Ciaran Fitzgerald, Director and Ms. Rosemary Garth from IBEC to the meeting.

Ms. Ann Fitzgerald gave a detailed presentation on the report. Mr. Ciaran Fitzgerald gave a contra view on aspects of the report.

The following contributed to the ensuing debate, Chairman and Deputies Hogan, Howlin, Callanan and O’Keeffe and Senators Coghlan and Leyden. Ms. Fitzgerald, Mr. Gahan and Mr. Fitzgerald responded to the variety of questions raised by Members.

The Chairman thanked the representatives from the Consumer Strategy Group and IBEC for attending and for participating in a very constructive discussion.

11. Any Other Business

There being no further business the meeting adjourned at 11.07 a.m. until Wednesday 29^th June at 9.30 a.m.

Donie Cassidy, T.D.,

Chairman.

29^th June, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 29^th June, 2005

1.The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 29^th June 2005 at 9.38 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Kathleen Lynch, M.J. Nolan and Ned O’Keeffe and Senator Terry Leyden.

Apologies were received from Deputy Paddy McHugh and Senator Paul Coghlan.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Public Session

It was agreed to go into public session. The Committee went into public session at 9.52 a.m.

8. Discussion on the Computer Implemented Inventions Directive

The Chairman welcomed Ms. Kathryn Raleigh, ICT Ireland Director; Mr. Brian Deane, Director CTEC Solutions; Mr. Terry Landers, Microsoft; Mr. Conor O’Riordan, CEO, CP3 and Mr. Barry Moore, the Irish Software Association to the meeting.

Ms. Raleigh outlined the reasons for the directive. Mr. Deane, Mr. Landers, Mr. O’Riordan and Mr. Moore advised the meeting of the effect on their respective companies and organisations in the event of the Directive not being adopted on ‘common ground’.

The following contributed to the ensuing debate, Chairman and Deputies Hogan, Lynch, Callanan and O’Keeffe and Senator Leyden.

It was agreed that because of the importance of this Directive that 3 Members of the Committee travel to Strasbourg to lobby Irish MEPs. The Clerk was asked to write to the MEPs advising them of the discussion and of the visit.

9. Any Other Business

There being no further business the meeting adjourned at 10.26 a.m. until Wednesday 6^th July at 3.30 p.m.

Donie Cassidy, T.D.,

Chairman.

6^th July, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 6^th July, 2005

1. The Joint Committee met in Committee Room 4, LH 2000, on Wednesday, 6^th July 2005 at 3.32 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, John Cregan (in part substitution for Deputy Martin Brady), Tony Dempsey, Phil Hogan, Kathleen Lynch and Paddy McHugh and Senators Paddy Burke (in part substitution for Senator Paul Coghlan), Paul Coghlan, Camillus Glynn (in substitution for Senator Terry Leyden) and John Hanafin.

Apologies were received from Deputies Brendan Howlin, M.J. Nolan and Ned O’Keeffe and Senator Terry Leyden.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Any Other Business

Item discussed in Private Session.

There being no further business the meeting adjourned at 4.05 p.m. until Wednesday 20^th July at 9.30 a.m.

Donie Cassidy, T.D.,

Chairman.

20^th July, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 20^th July, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 20^th July 2005 at 9.34 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Pat Breen, Tony Dempsey, John Ellis (in substitution for Deputy Martin Brady), Jim Glennon (in substitution for Deputy Joe Callanan), Phil Hogan, Brendan Howlin, Kathleen Lynch, M.J. Nolan and Ned O’Keeffe and Senators Paddy Burke (in part substitution for Senator Paul Coghlan), Paul Coghlan, Timmy Dooley (in part substitution for Senator John Hanafin), John Hanafin and Terry Leyden.

Apologies were received from Deputies Martin Brady, Joe Callanan and Paddy McHugh.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Any Other Business

There being no further business the meeting adjourned at 10.52 a.m. until Thursday 21^st July at 9.30 a.m.

Donie Cassidy, T.D.,

Chairman.

31^st August, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 21^st July, 2005

1.The Joint Committee met in Committee Room 3, LH 2000, on Thursday, 21^st July 2005 at 9.33 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Pat Breen, Joe Callanan, Tony Dempsey, John Ellis (in substitution for Deputy Martin Brady), Máire Hoctor (in part substitution for Deputy Ned O’Keeffe), Phil Hogan, Brendan Howlin, Paul Kehoe (in part substitution for Deputy Pat Breen), Kathleen Lynch, M.J. Nolan, Ned O’Keeffe and Michael Ring (in part substitution for Deputy Phil Hogan) and Senators Paddy Burke (in part substitution for Senator Paul Coghlan), Paul Coghlan, Timmy Dooley (in part substitution for Senator John Hanafin), John Hanafin and Terry Leyden.

Apologies were received from Deputy Paddy McHugh.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Suspension and Public Session

The meeting was suspended from 10.40 a.m. until 10.59 a.m. It was agreed to go into public session. The Committee went into public session at 10.59 a.m.

7. 2004 Annual Report: Presentation by the Chief Executive of Enterprise Ireland

The Chairman welcomed Mr. Frank Ryan, Chief Executive Officer, Mr. Michael Leahy, Mr. Colm Hackett and Mr. Paddy Hopkins, Enterprise Ireland to the meeting.

Mr. Ryan circulated a detailed briefing document to the meeting and outlined the salient points in the annual report.

The following Members participated in the ensuing questions and answers: Chairman, Deputies Howlin, Callanan, O’Keeffe, Kehoe and Ring and Senator Leyden.

It was agreed that Deputy Callanan take the chair in the absence of the Chairman due to a further appointment. Deputy Callanan took the chair from 11.38 a.m. to the conclusion of the meeting.

8. Any Other Business

There being no further business the meeting adjourned at 12.04 p.m. sine die.

Donie Cassidy, T.D.,

Chairman.

31^st August, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 31^st August, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 31^st August 2005 at 11.18 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Pat Breen, Joe Callanan, Tony Dempsey, John Ellis (in substitution for Deputy Martin Brady), Olwyn Enright (in part substitution for Deputy Pat Breen), Eamon Gilmore (in substitution for Deputy Kathleen Lynch), Phil Hogan, Brendan Howlin, M.J. Nolan, Ned O’Keeffe, Michael Ring (in part substitution for Deputy Pat Breen) and Eamon Ryan (in substitution for Deputy Paddy McHugh), and Senators Paddy Burke (in part substitution for Senator Paul Coghlan), Peter Callanan (in part substitution for Senator John Hanafin), Paul Coghlan, Timmy Dooley (in part substitution for Senator Terry Leyden), John Hanafin and Terry Leyden.

Apologies were received from Deputies Martin Brady, Kathleen Lynch and Paddy McHugh.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Public Session

It was agreed to go into public session. The Committee went into public session at 11.32 a.m.

9. Discussion with representatives of the Central Statistics Office (CSO) re. prices and statistics

The Chairman welcomed Mr. Donal Garvey, Director General, Mr. Gerry O'Hanlon, Director and Mr. Kieran Walsh, Statistician, Central Statistics Office (CSO) to the meeting. Mr. Garvey gave an outline of the work carried out by the CSO relating to prices and particularly in relation to the collection of statistics for compiling the CPI.

Mr. Garvey, Mr. O'Hanlon and Mr. Walsh responded to questions raised by Members.

The following contributed to the ensuing debate, Chairman and Deputies Howlin, Hogan, Dempsey, Ryan and Gilmore and Senators Leyden, Coghlan and Dooley.

The Chairman thanked the representatives from the CSO for their presentation which had contributed to a very constructive debate. Mr. Garvey undertook to provide information on new comparisons on the effect of the Groceries Order based on a scientific approach.

10. Draft response to the Competition Authority’s submission to the Minister for Enterprise, Trade and Employment on the Groceries Order

The Chairman advised the meeting that a draft response to the Competition Authority’s submission to the Minister for Enterprise, Trade and Employment on the Groceries Order, prepared by Mr. Myles O’Reilly, Consultant, had been circulated. The Chairman invited Mr. O’Reilly to outline the response and respond to questions. Mr. O’Reilly responded to questions raised by; the Chairman, Deputies Hogan and Howlin and Senator Dooley.

Mr. Garvey and Mr. O'Hanlon explained some statistical information which had been included in the response.

11. Any Other Business

There being no further business the meeting adjourned at 1.25 p.m. until Tuesday 13^th September at 11.00 a.m.

Donie Cassidy, T.D.,

Chairman.

13^th September, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Tuesday, 13^th September, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Tuesday, 13^th September 2005 at 11.04 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Pat Breen, Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, John McGuinness (in part substitution for Deputy M.J. Nolan), M.J. Nolan and Ned O’Keeffe and Senators Paddy Burke (in part substitution for Senator Paul Coghlan), Paul Coghlan, Camillus Glynn (in part substitution for Senator Terry Leyden), John Hanafin and Terry Leyden.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Public Session

It was agreed to go into public session. The Committee went into public session at 11.08 a.m.

6. Discussion with Dr. John Fingleton, Chairman, Competition Authority regarding the Competition Authority’s submission to the Minister for Enterprise, Trade and Employment on the Groceries Order

The Chairman welcomed Dr. John Fingleton, Chairman, Ms. Carol Boate, Manager, Advocacy Division and Mr. Andrew Rae, Case Officer, Advocacy Division, Competition Authority to the meeting.

Due to a power failure from 11.10 a.m. to 11.20 a.m. it was agreed that Dr. Fingleton would synopsise the presentation which had been circulated in advance. Dr. Fingleton and Ms. Boate responded to questions raised by Members.

The following contributed to the ensuing debate, Chairman and Deputies Howlin, Hogan, O’Keeffe and Callanan and Senators Coghlan, Hanafin, Leyden and Glynn.

The Chairman and Members thanked Dr. Fingleton and his colleagues for attending and for contributing to a very enlightening discussion. Members wished Dr. Fingleton every success in his new post in the U.K.

7. Discussion with the Department of Enterprise, Trade and Employment regarding the non-payment of redundancy monies to workers at Tullybeg Retirement Village also known as Rahan Nursing Home located in County Offaly

The Chairman welcomed Mr. Seán Ward, Principal Officer. Employment Rights (enforcement) and Redundancy / Insolvency Payments Section and Ms. Margaret Burns, Assistant Principal Officer, Redundancy Payments Section, Department of Enterprise, Trade and Employment to the meeting.

Mr. Ward outlined the situation relating to Rohan Nursing Home. Mr. Ward and Ms. Burns responded to questions from the Chairman and Deputy Hogan. Mr. Ward undertook to bring the concerns of the Joint Committee to the attention of the Employment Appeals Tribunal in expediting claims on behalf of the workers involved.

8. Any Other Business

There being no further business the meeting adjourned at 1.17 p.m. sine die.

Donie Cassidy, T.D.,

Chairman.

5^th October, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Tuesday, 27^th September, 2005

1. The Joint Committee met in Committee Room 1, LH 2000, on Tuesday, 27^th September 2005 at 4.43 p.m.

2.Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Kathleen Lynch, M.J. Nolan and Ned O’Keeffe and Senators Camillus Glynn (in substitution for Senator Terry Leyden) and John Hanafin.

Apologies were received from Deputies Donie Cassidy, Chairman and Brendan Howlin and Senator Terry Leyden.

3. Minutes of the meeting of 13^th September 2005

It was agreed to defer consideration of the minutes of the meeting of 13^th September 2005 until the following meeting.

4. Meeting with the Faroese Committee on Fisheries and Trade

The Vice-Chairman welcomed Mr. Alfred Olsen, Vice Chairman, Mr. Tórbjørn Jacobsen and Ms. Heidi Petersen members of the Faroese Committee on Fisheries and Trade and Mr. Johan Dahl, Chairman, Mr. Óli Breckmann, Vice Chairman, Mr. Kristian Magnussen and Mr. Kjartan Joensen members of the Faroese Committee on Foreign Affairs to the meeting.

Mr. Dahl on behalf of the delegation gave an overview of trade in the Faroe Islands whose main industry is fishing. A question and answer session followed to which the following Members participated: Vice-Chairman and Deputies Hogan, O’Keeffe, Lynch, Callanan and Dempsey. Mr. Dahl and Mr. Breckmann responded to the questions.

Deputy Callanan acted as temporary Chair from 5.08 p.m. until 5.13 p.m.

The Vice-Chairman thanked the delegation for what was an informative exchange. Mr. Dahl responded in thanking the Vice-Chairman and Members for receiving the delegation.

5. Any Other Business

There being no further business the meeting adjourned at 5.36 p.m. until Wednesday 5^th October.

Donie Cassidy, T.D.,

Chairman.

5^th October, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 5^th October, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 5^th October 2005 at 9.33 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Brendan Howlin, Kathleen Lynch, M.J. Nolan and Ned O’Keeffe and Senator Paul Coghlan.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Public Session

It was agreed to go into public session. The Committee went into public session at 9.46 a.m.

9. Copyright Theft: Discussion with Mr. Michael McDowell TD, Minister for Justice, Equality and Law Reform

The Chairman welcomed Mr. Michael McDowell TD, Minister for Justice, Equality and Law Reform to the meeting. The Minister outlined to the meeting the operations of the Garda Síochána in the prevention of copyright theft.

The following Members participated in the ensuing questions and answers: Chairman, Deputies Howlin, Brady, Callanan, and O’Keeffe and Senator Coghlan.

The Chairman, Deputy Cassidy, made a declaration of interest in the discussion.

At the conclusion of the debate the Chairman thanked the Minister for contributing to the debate.

10. Any Other Business

There being no further business the meeting adjourned at 10.28 a.m. until Wednesday 12^th October.

Martin Brady, T.D.,

Vice-Chairman.

12^th October, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 12^th October, 2005

1.The Joint Committee met in Committee Room 4, LH 2000, on Wednesday, 12^th October 2005 at 9.39 a.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Joe Callanan, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senator Terry Leyden.

Apologies were received from Deputy Donie Cassidy, Chairman.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Public Session

It was agreed to go into public session. The Committee went into public session at 9.44 a.m.

10. Employment problems in the electrical industry: Meeting with the Association of Electrical Contractors of Ireland (AECI)

The Vice-Chairman welcomed Mr. Dermot McClannon, President; Mr. Gerry Goggin, Honorary Secretary and Mr. George Kennedy, Executive Secretary, Association of Electrical Contractors of Ireland and Ms. Kathryn Byrne, Limelight Communications to the meeting.

Mr. Goggin made a presentation on wage, pension and conditions of employment compliancy. Mr. Goggin, Mr. McClannon and Mr. Kennedy responded to the questions raised by Members.

The following Members participated in the ensuing questions and answers: Vice-Chairman, Deputies Howlin, Hogan, Lynch, McHugh and Callanan.

It was agreed to forward a copy of the presentation to the Department of Enterprise, Trade and Employment seeking observations and to invite Department officials to a meeting of the Committee as soon as possible.

11. Any Other Business

There being no further business the meeting adjourned at 10.38 a.m. until Wednesday 19^th October.

Donie Cassidy, T.D.,

Chairman.

19^th October, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 19^th October, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 19^th October 2005 at 9.35 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Kathleen Lynch, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Public Session

It was agreed to go into public session. The Committee went into public session at 9.44 a.m.

9. Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed the representatives of:

An Garda Síochána - Assistant Commissioner E. Rock, Traffic and Inspector Con O’Donohue, Traffic,

and

National Safety Council - Mr. Eddie Shaw, Chairman and Mr. Alan Richardson, Acting Chief Executive.

Assistant Commissioner Rock and Mr. Shaw made their opening statements.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Hogan, Howlin, Callanan, O’Keeffe, Brady and Dempsey and Senator Leyden. Both Assistant Commissioner Rock and Mr. Shaw responded to the questions raised by Members.

The Chairman thanked the representatives of An Garda Síochána and the National Safety Council for attending and for contributing to a very important debate.

10. Any Other Business

There being no further business the meeting adjourned at 11.15 a.m. until Thursday 20^th October.

Martin Brady, T.D.,

Vice-Chairman.

26^th October, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 20^th October, 2005

1. The Joint Committee met in Committee Room 4, LH 2000, on Thursday, 20^th October 2005 at 9.38 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Phil Hogan, Brendan Howlin, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan, Terry Leyden and Joe O’Toole, (in substitution for Senator Shane Ross).

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Public Session

It was agreed to go into public session. The Committee went into public session at 9.44 a.m.

6. Declaration of Interest

At the commencement of the public session Senator Joe O’Toole made a declaration of interest in the debate as he was the Vice-Chairman of the P.I.A.B.

7. Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed Ms. Dorothea Dowling, Chairperson and Ms. Patricia Byron, Chief Executive, Personal Injuries Assessment Board to the meeting.

Ms. Dowling made some opening comments and Ms. Byron gave a detailed overview of the work of the P.I.A.B.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Hogan, Howlin, Callanan, O’Keeffe and Senator O’Toole.

The Chairman thanked the representatives of the Personal Injuries Assessment Board for attending and for contributing to a very important debate.

8. Any Other Business

There being no further business the meeting adjourned at 10.54 a.m. until Wednesday 26^th October.

Martin Brady, T.D.,

Vice-Chairman.

26^th October, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 26^th October, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 26^th October 2005 at 9.36 a.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Pat Breen, Joe Callanan, Kathleen Lynch, Paddy McHugh and Ned O’Keeffe and Senator Terry Leyden.

Apologies were received from Deputies Donie Cassidy, Chairman, Phil Hogan and Senator Paul Coghlan.

3. Temporary Chairperson

Deputy Callanan acted as temporary Chair from 9.36 a.m. until 9.42 a.m. on the nomination of Senator Terry Leyden.

4. Private Session

It was agreed to go into private session.

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Public Session

It was agreed to go into public session. The Committee went into public session at 9.40 a.m.

8. Employment Permits Bill 2005 – Presentation by Chambers of Commerce of Ireland

The temporary Chairman welcomed Mr. John Dunne, Chief Executive, Mr. Seán Murphy, Head of Research and Public Affairs, Ms. Caoimhe Gavin, Policy and Research Executive, Chambers of Commerce of Ireland and Mr. John Forde, HR Policy Council, Group Human Resource Manager for Celtic Linen Ltd to the meeting.

Mr. Dunne, Mr. Murphy, Mr. Forde and Ms. Gavin made some opening comments on the Employment Permits Bill 2005.

The following Members participated in the ensuing questions and answers – Deputies Lynch, Callanan, Breen and McHugh.

The Vice-Chairman thanked the representatives of the Chambers of Commerce of Ireland for attending and for contributing to a very enlightening discussion.

9. Any Other Business

The meeting noted that a meeting with a representative of Kilkenny Enterprise Board and the representatives of Mallow Development Partnership to discuss the Local Development Model had been arranged for Thursday 3^rd November 2005 at 9.30 a.m.

There being no further business the meeting adjourned at 10.12 a.m. until Wednesday 2^nd November 2005 at 2.30 p.m.

Martin Brady, T.D.,

Vice-Chairman.

2^nd November, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 2^nd November, 2005

1. The Joint Committee met in Committee Room 2, LH 2000, on Wednesday, 2^nd November 2005 at 2.40 p.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Pat Breen, Joe Callanan, Kathleen Lynch, Paddy McHugh, Michael Moynihan (in substitution for Deputy Donie Cassidy) and Ned O’Keeffe and Senators John Hanafin and Terry Leyden.

Apologies were received from Deputies Donie Cassidy, Chairman, Phil Hogan and Senator Paul Coghlan.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Public Session

It was agreed to go into public session. The Committee went into public session at 2.41 p.m.

6. Employment Permits Bill 2005 – Presentation by the Irish Congress of Trade Unions

The Vice-Chairman welcomed Ms. Esther Lynch, Legislation and Public Affairs Officer, Mr. Gareth Keogh, Irish Congress of Trade Unions and Mr. Mike Jennings, Regional Secretary, SIPTU to the meeting.

Ms. Lynch and Mr. Jennings made some opening comments on the Employment Permits Bill 2005.

The following Members participated in the ensuing questions and answers – Vice-Chairman and Deputies Lynch, Callanan, O’Keeffe and Breen and Senator Hanafin.

The Vice-Chairman thanked the representatives of the Irish Congress of Trade Unions for attending and for contributing to a very informative discussion.

7. Any Other Business

There being no further business the meeting adjourned at 3.33 p.m. until Thursday 3^rd November 2005 at 9.30 a.m.

Donie Cassidy, T.D.,

Chairman.

17^th November, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 3^rd November, 2005

1. The Joint Committee met in Committee Room 4, LH 2000, on Thursday, 3^rd November 2005 at 9.31 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, Phil Hogan, Brendan Howlin, Kathleen Lynch, John McGuinness (in substitution for Deputy Tony Dempsey), M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

Deputy Joe Sherlock and Senator Paul Bradford were also in attendance.

3. Public Session

It was agreed to go into public session. The Committee went into public session at 9.31 a.m.

4. Minutes of the meeting of 2^nd November 2005

It was agreed to defer consideration of the minutes of the meeting of 2^nd November 2005 until the following meeting.

5. Local Development Model: Discussions with Kilkenny County Enterprise Board and Mallow Development Partnership

The Chairman welcomed the representatives of:

Mallow Development Partnership - Mr. John McDonnell, Chairman, Mallow Development Partnership; Mr. John Sheahan, Chairman, North Cork Enterprise Board; Mr. Jim Ronayne, President, Mallow Chamber of Commerce and Mr. Rochie Holohan, Chief Executive, Cork North Enterprise Board

and

Kilkenny County Enterprise Board - Ms. Mary Mc Evoy; Mr. Sean McKeown, Chief Executive Officer, Kilkenny County Enterprise Board and Ms. Brigid Kirwan, Programme Specialist, Tipperary Institute of Technology.

Mr. McDonnell, Mr. Holohan, Mr. Sheahan and Mr. Ronayne made the opening statements on behalf of Mallow Development Partnership.

The following Members participated in the ensuing questions and answers – Chairman and Deputies Howlin, Hogan, O’Keeffe, Lynch and Sherlock and Senators Bradford and Coghlan. Both Mr. McDonnell and Mr. Holohan responded to the questions raised by Members.

It was agreed to seek a Committee member to produce a Report on the Impact of the Hub Status on Designated Towns through the Rapporteur Scheme. This Report would examine the effectiveness of the National Spatial Strategy to date and identify the best way forward for Strategy in the future.

Ms. Mc Evoy; Mr. McKeown and Ms. Kirwan made the opening statements on behalf of Kilkenny County Enterprise Board.

The following Members participated in the ensuing questions and answers – Chairman and Deputies Hogan, Nolan, McGuinness, Callanan and O’Keeffe.

The Chairman thanked the representatives of the Mallow Development Partnership and Kilkenny County Enterprise Board for attending and for contributing to a very constructive discussion.

6. Any Other Business

There being no further business the meeting adjourned at 10.54 a.m. sine die.

Donie Cassidy, T.D.,

Chairman.

17^th November, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Wednesday, 16^th November, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Wednesday, 16^th November 2005 at 9.35 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

Apologies were received from Deputy Pat Breen.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Public Session

It was agreed to go into public session. The Committee went into public session at 9.43 a.m.

6. Reform of the Irish Insurance Market (3^rd Phase)

The Chairman welcomed Mr. Martin Cullen TD, Minister for Transport and Mr. Ivor Callely TD, Minister of State at the Department of Transport to the meeting.

The Minister for Transport gave an update on actions he had taken and was proposing in relation to road safety.

The Minister of State outlined what was happening in relation to motor insurance. He confirmed that his Department did not have responsibility for personal injury or public liability insurance.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Howlin, Callanan, Hogan, O’Keeffe, Lynch, Brady and Senator Leyden.

The Chairman thanked Mr. Martin Cullen TD, Minister for Transport and Mr. Ivor Callely TD, Minister of State at the Department of Transport for attending and for contributing to a very important debate.

7. Any Other Business

There being no further business the meeting adjourned at 11.03 a.m. until Thursday 17^th November.

Martin Brady, T.D.,

Vice-Chairman.

24^th November, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 17^th November, 2005

1. The Joint Committee met in Committee Room 2, LH 2000, on Thursday, 17^th November 2005 at 9.36 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Martin Brady, Vice-Chairman, Joe Callanan, Tony Dempsey, Jimmy Devins (in part substitution for Deputy Tony Dempsey), Brendan Howlin, Paddy McHugh and Ned O’Keeffe and Senators Paul Coghlan, Camillus Glynn (in substitution for Senator Terry Leyden) and John Hanafin.

Apologies were received from Deputies Pat Breen, Kathleen Lynch and M.J. Nolan.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Public Session

It was agreed to go into public session. The Committee went into public session at 9.46 a.m.

8. WTO Negotiations - Discussion with the Department of Enterprise, Trade and Employment and Irish Congress of Trade Unions

The Chairman welcomed the representatives of:

Department of Enterprise, Trade and Employment - Mr. Tony Joyce and Mr. Frank Doheny,

and

Irish Congress of Trade Unions - Mr. David Joyce and Mr. Brendan Archbold, MANDATE.

As both statements had been circulated in advance Messrs Joyce gave brief outlines of the contents.

Mr. Tony Joyce, Mr. David Joyce and Mr. Brendan Archbold responded to questions raised by Members.

The following Members participated in the ensuing questions and answers – Chairman, Deputies Howlin, Callanan, O’Keeffe and Senator Hanafin.

The Chairman thanked the representatives from the Department of Enterprise, Trade and Employment and Irish Congress of Trade Unions for attending and for contributing to a very important debate.

9. Any Other Business

There being no further business the meeting adjourned at 10.53 a.m. until Thursday 24^th November.

Martin Brady, T.D.,

Vice-Chairman.

24^th November, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 24^th November, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Thursday, 24^th November 2005 at 9.35 a.m.

2. Attendance

The following Members were in attendance:- Deputies Martin Brady, Vice-Chairman, (in the Chair), Joe Callanan, Tony Dempsey, Phil Hogan, Brendan Howlin, Kathleen Lynch, Paddy McHugh and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

Apologies were received from Deputies Donie Cassidy, Chairman, Pat Breen and M.J. Nolan.

3. Temporary Chairperson

Deputy Callanan acted as temporary Chair from 9.35 a.m. until 9.41 a.m. on the nomination of Deputy Hogan.

4. Expressions of Sympathy

Members of the Committee made expressions of sympathy to the Chairman, Deputy Cassidy, on the death of his mother. The Clerk was asked to write an appropriate letter.

5. Private Session

It was agreed to go into private session.

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Item Discussed in Private Session

9. Item Discussed in Private Session

10. Public Session

It was agreed to go into public session. The Committee went into public session at 9.39 a.m.

11. WTO Negotiations - Discussions with Concern and Trade Matters

The Vice-Chairman welcomed the representatives of:

Concern - Mr. Tom Arnold, Chief Executive

and

Trade Matters - Mr. Colin Roche, Oxfam Ireland; Mr. Conall O'Caoimh, Comhlámh and Ms. Niamh Garvey, Christian Aid.

Mr. Arnold, Mr. Roche, Mr. O'Caoimh and Ms. Garvey outlined their respective organisations approach to the forthcoming WTO talks.

The following Members participated in the ensuing questions and answers – Deputies Howlin, Hogan, Callanan and O’Keeffe.

The Vice-Chairman thanked the representatives from Concern and Trade Matters for attending and for contributing to a very important debate.

12. Any Other Business

There being no further business the meeting adjourned at 10.40 a.m. sine die.

Donie Cassidy, T.D.,

Chairman.

1^st December, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Thursday, 1^st December, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Thursday, 1^st December 2005 at 9.35 a.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, John Cregan (in substitution for Deputy Martin Brady), Kathleen Lynch, Fergus O’Dowd (in substitution for Deputy Phil Hogan), M.J. Nolan and Ned O’Keeffe and Senators Paul Coghlan and Terry Leyden.

Apologies were received from Deputy Brendan Howlin.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

(i)Item Discussed in Private Session

(ii)Item Discussed in Private Session

7. Item Discussed in Private Session

8. Any Other Business

(i)Item Discussed in Private Session

There being no further business the meeting adjourned at 9.53 a.m. sine die.

Donie Cassidy, T.D.,

Chairman.

20^th December, 2005.

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

Minutes of meeting of Tuesday, 20^th December, 2005

1. The Joint Committee met in Committee Room 3, LH 2000, on Tuesday, 20^th December 2005 at 2.33 p.m.

2. Attendance

The following Members were in attendance:- Deputies Donie Cassidy, (in the Chair), Joe Callanan, Tony Dempsey, Michael Finneran (in part substitution for Deputy Ned O’Keeffe), Phil Hogan, Kathleen Lynch, Paddy McHugh, M.J. Nolan and Ned O’Keeffe and Senators Paddy Burke (in part substitution for Senator Paul Coghlan), Peter Callanan (in part substitution for Senator John Hanafin), Paul Coghlan, Noel Coonan (in substitution for Senator Shane Ross), Camillus Glynn (in part substitution for Senator Terry Leyden), John Hanafin, Terry Leyden and Don Lydon (in part substitution for Senator Terry Leyden).

Apologies were received from Deputies Pat Breen and Brendan Howlin.

3. Private Session

It was agreed to go into private session.

4. Item Discussed in Private Session

5. Item Discussed in Private Session

6. Item Discussed in Private Session

7. Item Discussed in Private Session

8. Public Session

It was agreed to go into public session. The Committee went into public session at 2.43 p.m.

9. Discussion on COM(2003)644 - Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

The Chairman welcomed Ms. Anne-Marie O’Connor and Ms. Aisling O’Reilly, Department of Enterprise, Trade and Employment to the meeting.

Ms. O’Connor gave an up-date on COM(2003)644 and pointed out to the Members the changes made in the proposed directive since the matter had been discussed by the Joint Committee on 21^st April 2005.

The following contributed to the ensuing debate, Chairman and Deputies O’Keeffe and Lynch and Senators Callanan and Leyden.

The Joint Committee agreed to invite representatives of Pharmachemical Ireland (IBEC) to a future meeting of the committee to discuss the proposal.

10. Any Other Business

There being no further business the meeting adjourned at 3.29 p.m. until Tuesday 10^th January 2006 at 11.30 a.m.

Donie Cassidy, T.D.,

Chairman.

10^th January, 2006.

APPENDIX 6

Work Programme 2006

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

WORK PROGRAMME 2006

1. BACKGROUND

The Joint Committee on Enterprise and Small Business was established following Orders of Dáil Éireann on 16 October 2002 and of Seanad Éireann on 17 October 2002. Standing Orders 84(4) (Dáil Éireann) and 69(4) (Seanad Éireann) require that –

“As soon as may be following its appointment and thereafter at annual intervals, each Select Committee shall prepare a work programme and shall lay such programme before [Dáil[Seanad] Éireann”.

2. ORDERS OF REFERENCE

Paragraph 2 (a) of the Order of Dáil Éireann on 16 October 2002 and paragraph 1 (a) of the Order of Seanad Éireann on 17 October 2002 empowers the Joint Committee to consider –

“(i)such public affairs administered by the Department of Enterprise, Trade and Employment as it may select, including, in respect of Government policy, bodies under the aegis of that Department;

(vi)such matters of policy for which the Minister for Enterprise, Trade and Employment is officially responsible as it may select;

(vii)such related policy issues as it may select concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas;

(viii)such Statutory Instruments made by the Minister for Enterprise, Trade and Employment and laid before both Houses of the Oireachtas as it may select;

(ix)such proposals for EU legislation and related policy issues as may be referred to it from time to time, in accordance with Standing Order 81(4)[Dáil Éireann] and 65(4)[Seanad Éireann];

(vi)the strategy statement laid before each House of the Oireachtas by the Minister for Enterprise, Trade and Employment pursuant to section 5(2) of the Public Service Management Act, 1997, and the Joint Committee shall be so authorised for the purposes of section 10 of that Act;

(vii)such annual reports or annual reports and accounts, required by law and laid before both Houses of the Oireachtas, of bodies specified in paragraphs 2(a)(i) and (iii) [Dáil Éireann] and paragraphs 1(a)(i) and (iii)[Seanad Éireann], and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select;

Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993;

Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body concerned or by the Minister for Enterprise, Trade and Employment; and

(viii)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,

and shall report thereon to both Houses of the Oireachtas.”

Accordingly, the items listed in this Work Programme will be considered by the Joint Committee within the parameters defined by these Orders of Reference, as amended from time to time.

3. OVERSIGHT AND ACCOUNTABILITY

The Joint Committee on Enterprise and Small Business is committed to making a constructive contribution to the committee system in the Houses of the Oireachtas and to continuing to assert the proper oversight and accountability role of the Legislature in respect of the Executive. It will endeavour to do this by properly exercising the functions and powers which have been conferred on it by both Dáil Éireann and Seanad Éireann.

4. FLUIDITY OF WORK PROGRAMME

The items listed for consideration in this Work Programme are not in any order of priority. The Joint Committee will decide on individual items for review in light of its assessment of a particular need during the year. The Joint Committee is of the opinion that to accord a strict priority and agree a timetable for consideration of the various items would impose too rigid a structure and would not enable the Joint Committee to respond to evolving events during the year. In response to a particular evolving event or an urgent unforeseen matter, it shall, if it deems it necessary to do so, amend this Work Programme to include further items or delete or revise existing items for consideration. Any such amendment of this Work Programme shall be laid before both Houses of the Oireachtas as soon as may be following such amendment(s).

The Joint Committee has also agreed that, should it not have sufficient time during 2006 to consider an item detailed in this Work Programme, it may include it in next year’s Work Programme should the issue continue to retain its importance and relevance.

5. JOINT COMMITTEE – GENERAL AREAS FOR CONSIDERATION

(a) EU Scrutiny

In light of the increasing importance and influence of the European Union (EU) on national affairs and legislative matters, the Joint Committee will give ongoing priority to EU issues and, in particular, to promptly examine any EU legislative proposal referred to the Joint Committee by the Sub-Committee on European Scrutiny.

The Joint Committee will endeavour to have ongoing meetings with the Minister for Enterprise, Trade and Employment in advance of EU Council meetings (Enterprise and Industry; Internal Market and Services; Trade; Competition and Employment, Social Affairs and Equal Opportunities) to enable the Joint Committee to enhance effective oversight of Government policy thinking and to have an input into, and an exchange of views on, topics arising on the agendas of those Council meetings.

(b) Statutory Instruments

The Joint Committee will endeavour to monitor Statutory Instruments (SIs) made by the Minister for Enterprise, Trade and Employment which are laid before both Houses of the Oireachtas and, where it considers it necessary, will discuss particular SIs and matters arising with the Minister at an appropriate time.

(c) Strategy Statement and Departmental Policy Documentation

The Joint Committee will endeavour to consider the ongoing progress made by the Department of Enterprise, Trade and Employment on its commitments in the strategy statement and other general related policy documentation (vis. Annual Reports, Corporate Plans, etc.) relating to the Department’s remit.

(d) Oversight of bodies

The Joint Committee has a remit under its Orders of Reference in respect of, inter alia, policy matters, annual reports or annual reports and accounts, overall operational results, statements of strategy and corporate plans of certain bodies as it may select which are listed in the Addendum attached to this Work Programme.

(e) Referral of matters by Dáil Éireann and Seanad Éireann

In addition to those issues detailed in this Work Programme, the Joint Committee may be required, from time to time, to consider matters referred to it jointly by Dáil Éireann and Seanad Éireann (e.g. Motions re. International Agreements, Conventions, draft SIs, etc.).

6. JOINT COMMITTEE – SPECIFIC ITEMS FOR CONSIDERATION

The Joint Committee intends to review specific major areas of policy falling within the remit of the Minister for Enterprise, Trade and Employment as outlined below in this section and in section 5 above. As part of that process, the Minister may be invited to appear before the Joint Committee to outline policy decisions/thinking and respond to detailed questions. Where necessary, the Joint Committee may also seek submissions from the public and may, if the need arises, engage persons with specialist or technical knowledge to advise and assist it in its work.

It is intended that the following specific items will be considered during 2006 by the Joint Committee:-

Ongoing periodic follow up with Minister on progress made on implementation of recommendations made in Reports published by the Joint Committee during the 29^th Dáil

The impact of petrol and other fuel prices on small businesses and consumers

Reform of the Irish Insurance Market

Consideration of Strategy Statements and Public Service Management Act

Scrutiny of EU Legislative Proposals

Meeting with Mr. Charlie McCreevy, EU Commissioner for Internal Market and Services

Meetings with

Irish American Chamber of Commerce

Enterprise Ireland

IDA Ireland

IBEC

ISME

Financial Regulator

Fairtrade

European Anti Poverty Network (EAPN)

National Consumer Agency

Officials from Department of Enterprise, Trade and Employment

Department of the Taoiseach re. Better Regulations (Arising from Joint Committee Report – ‘Innovation, Competition and Regulation - Achieving the Balance’)

National Disability Authority

Irish Stock Exchange

Migrant Rights Centre of Ireland

Fair Trade Issues (Joint meeting with Joint Committee on Social and Family Affairs)

Personal Injuries Assessment Board

Competition Authority

7. TRAVEL

Subject to Standing Order 81(9) [Dáil Éireann] and Standing Order 65(9) [Seanad Éireann], the Joint Committee may decide, subject to financial, administrative and procedural constraints, to undertake travel as it considers necessary to further progress the Work Programme. Such travel may include information seeking visits, attendance at conferences or meetings, etc. within the remit under the Orders of Reference. Reports will be completed for all travel undertaken.

8. DÁIL SELECT COMMITTEE – ORDERS OF REFERENCE

Those members of Dáil Éireann who are members of the Joint Committee on Enterprise and Small Business also constitute the membership of the Select Committee on Enterprise and Small Business. In accordance with paragraph 1(a) of the Order of Dáil Éireann, the Select Committee is appointed to consider –

“(i) such Bills the statute law in respect of which is dealt with by the Department of Enterprise, Trade and Employment;

(ii) such Estimates for Public Services within the aegis of the Department of Enterprise, Trade and Employment; and

(iii) such proposals contained in any motion, including any motion within the meaning of Standing Order 157 concerning the approval by the Dáil of international agreements involving a charge on public funds,

as shall be referred to it by Dáil Éireann from time to time.”

The matters referred to the Select Committee will be considered in tandem with the ongoing work of the Joint Committee but may have a practical effect on the capacity of the Joint Committee to complete its consideration of the items identified in the Work Programme.

9. AGREEMENT OF WORK PROGRAMME

This Work Programme for 2006 of the Joint Committee on Enterprise and Small Business and the Select Committee on Enterprise and Small Business was adopted by the Committee at its meeting on 15^th February 2006. In accordance with Standing Orders of Dáil Éireann and Seanad Éireann, it was agreed that the Work Programme be laid before both Houses of the Oireachtas.

__

Donie Cassidy T.D.

Chairman

15^th February 2006

ADDENDUM

Bodies under the aegis of the Departments of Enterprise, Trade and Employment

Offices under the aegis of the Department of Enterprise, Trade and Employment:

Companies Registration Office

Employment Appeals Tribunal

Ireland Newfoundland Partnership

Labour Court

Labour Relations Commission

Office of the Director of Consumer Affairs

Office of the Director of Corporate Enforcement

Office of the Registrar of Friendly Societies

Patents Office

The Department of Enterprise, Trade and Employment also has policy responsibility for a number of state-sponsored bodies

City and County Enterprise Boards

Competition Authority

Enterprise Ireland

FÁS

Forfás

Health and Safety Authority (HSA)

IDA Ireland

InterTrade Ireland
All-Island Trade & Business Development Body

National Standards Authority of Ireland (NSAI)

Personal Injuries Assessment Board (PIAB)

Science Foundation Ireland (SFI)

Shannon Development

1 Martin Brady T.D. replaced Conor Lenihan T.D. by Order of the Dáil on 16^th November 2004.

2 Pat Breen T.D. replaced Gerard Murphy T.D. by Order of the Dáil on 20^th October 2004.

3 Ned O’Keeffe T.D. replaced Ollie Wilkinson T.D. by Order of the Dáil on 17^th February 2005.

Joint Committee on Enterprise and Small Business

Table of Contents

1. Content and Format of Report

2. Functions and Powers

3. Chairman, Vice-Chairman, Convenors and Membership

4. Meetings, Attendance and Recording

5. Number and Duration of Meetings

6. Work of the Committee

6.1 Joint Committee

6.2 Dáil Select Committee

7. Groups and Individuals attending before Committee

8. Reports

8.1 Joint Committee Reports

8.2 Work in Progress

9. Travel

China

The Hague

Wexford

Cork

Strasbourg

Hong Kong

10. Functions and Powers

APPENDIX 1

Orders of Reference

Committee on Enterprise and Small BusinessOrders of Reference

APPENDIX 2

Members of the Joint Committee

Members of the Joint Committee

APPENDIX 3

Meetings of the Joint Committee

Meetings of the Joint Committee

APPENDIX 4

Meetings of the Dáil Select Committee

Meetings of the Dáil Select Committee

APPENDIX 5

Minutes of Proceedings of the Joint Committee

Joint Committee on Enterprise and Small Business

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JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS

APPENDIX 6

Work Programme 2006

Committee on Enterprise and Small Business
Orders of Reference