I move: "That the Bill be now read a Second Time."
I am pleased to bring the Industrial Development (Amendment) and Miscellaneous Provisions Bill before the Dáil. This is a short but important Bill which further empowers IDA Ireland and Enterprise Ireland to accelerate investment, employment and regional development. My Department keeps the statutory framework of the enterprise agencies under review as the Government's enterprise policy objectives evolve. The purpose of this Bill is to ensure the enterprise agencies have the legislative tools they need to incentivise investments that underpin Ireland's strategic goals.
The Bill strongly supports a number of objectives outlined in the programme for Government and the action plan on competitiveness and productivity, namely job creation, regional development and reducing carbon emissions. The Government continues to support Irish-owned companies to grow and scale, along with providing direct investment towards each step of their decarbonisation journey. At the same time, as global competition for foreign direct investment, FDI, intensifies, Ireland need to say agile and ambitious to win investment.
This Bill introduces a dedicated environmental aid grant, allowing the agencies for the first time to assess projects on solely carbon emissions criteria under the grant powers of the Industrial Development Act 1986, streamlining the approval process and cutting red tape. The Bill also provides for agencies to support their clients in accessing external consultancy services, enabling them to obtain professional advice and guidance on the green and digital transitions. This support will help businesses to grow on a sustainable and competitive footing over the long term and will be particularly valuable for SMEs, which often do not have in-house expertise in areas such as digitalisation or decarbonisation. It also amends the Industrial Development Act 1995 to allow IDA Ireland to enhance its property and infrastructure offering by co-investing in projects with third parties. This amendment will allow IDA Ireland to leverage its property budget, expanding its ability to provide property solutions in regional locations.
Currently, IDA Ireland can only invest by itself, although it collaborates with others, including local authorities. Once this new legislation is enacted, it will be able to partner with other organisations to deliver enterprise property solutions, once the terms have been approved by the Ministers for Enterprise, Tourism and Employment and Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
In relation to opportunities in defence, security and resilience, DSR, the Bill deletes section 8(5) of the Science and Technology Act 1987, which requires the enterprise development agencies to secure formal Government approval before they engage in, or promote, any activity of a primarily military relevance. The rationale for this is that Ireland’s enterprise landscape is evolving in a rapidly changing European and global context. Increasingly, the Irish enterprise base needs to respond to DSR-aligned technology opportunities which are emerging. As the Department of Defence has noted to me, this area has developed to include fields such as cyber defence, space domain awareness, maritime security tasks and hybrid threat monitoring.
The European Competitiveness Fund, expected to begin operating in 2028, will consolidate and build on existing EU-level investment instruments designed to strengthen European industrial capability, including in defence and space. A key enabler to maximising our engagement in EU funding initiatives is the capacity to utilise the competence and capability of both Enterprise Ireland and IDA Ireland.
The section 8(5) provision is broad, open to varying interpretations, and creates ongoing practical difficulties in determining when - and to what extent - teams in Enterprise Ireland or IDA Ireland may engage with existing or prospective clients that might be considering opportunities in DSR technologies. It is outdated, given the comprehensive, multilayered regulatory environment that now exists in this sphere. The proposed amendment allows the agencies to support, financially or non-financially, enterprises in the DSR sphere as with other parts of the economy, subject to compliance with all existing controls and legal obligations governing the sector, including rigorous project appraisal, the export controls regime, ministerial powers and Government oversight and the defence procurement safeguards. It does not affect existing Government policy on military neutrality.
Furthermore, this Bill provides a vehicle for other unrelated legislation from my Department. First, it includes amendments to the Dangerous Substances Act 1972 related to flammable liquids to ensure that Ireland’s dangerous substances legislation and licensing regime is fit for purpose and ensures a safe working and retail environment. The Bill will amend and bring the Safety, Health and Welfare at Work Act 2005 up to date with the code of practice for the governance of State bodies, which recommends that board appointments be for a period of three to five years. The Bill amends the Chemicals Act 2008 to ensure, in the transposition of related EU legislation, that Ireland is not considered in default of its obligations under EU law due to the penalties being insufficient. The Bill also includes an amendment clarifying Enterprise Ireland's Freedom of Information Act responsibilities.
I will briefly outline the main provisions of the Bill, which comprises 11 sections in three parts. Part 1 is technical in nature. Section 1 contains standard provisions relating to the Short Title, construction and commencement of the Bill, while section 2 is a definition of the Dangerous Substances Act 1972 and section 3 is a repeal and saver related to that Act.
Part 2 amends the Industrial Development Act of 1986, 1995 and 1998, beginning with section 4. Section 4 provides for the addition of a section 21A to the Act of 1986 which provides for the enterprise agencies, IDA Ireland and Enterprise Ireland, to make grants for environmental protection initiatives on terms and conditions at their discretion, including solely environmental conditions such as carbon abatement, once initial approval criteria have been met. In addition, this section provides for a new section 21B of the 1986 Act, allowing the agencies to support their clients in accessing external consultancy services for advice or studies in respect of technological innovation, environmental protection, or business development.
Section 4 also updates the technology acquisition grant thresholds to align with the individual and aggregate grant thresholds of other grant categories in the legislation. These are the thresholds which apply before specific Government approval must be secured. The threshold for individual grants will be amended to €7.5 million and the aggregate threshold will be amended to €15 million.
Section 5 amends the Industrial Development Act 1995 by the addition of a section 6A which allows IDA Ireland, either itself or jointly with Enterprise Ireland, to co-invest with third parties, such as other State agencies which make strategic investments, to develop property solutions for industrial or commercial activities, through the creation of jointly owned designated activity companies.
Section 6 amends the wording of Section 7C of the Industrial Development (Enterprise Ireland) Act 1998 to clarify that grants given by IDA Ireland under section 21A and 21B of the 1986 Act are not to be counted towards Enterprise lreland’s aggregate threshold in section 7C. This is the threshold which applies before specific Government approval must be sought.
Part 3, the final Part of the Bill, includes a number of miscellaneous amendments. Section 7 removes the definition of "petroleum-spirit" and consequential references to the latter from the Dangerous Substances Act 1972 and replaces this definition and references to petroleum-spirit with a definition of "fuel" that includes flammable liquid, as outlined in the EU classification, labelling and packaging regulation. The purpose of this amendment is to extend the scope of the requirements under the Act for anyone storing certain quantities of petroleum or other flammable liquids to hold a licence issued by the Minister or an appropriate local or harbour authority. This amendment also enables the summary prosecution by local or harbour authorities of a person who, in contravention of the provisions of section 21 of the Act, has in their possession or control fuel under the meaning of the Act without having a licence to do so issued by the appropriate local or harbour authority.
Section 8 provides for the deletion of section 8(5) of the Science and Technology Act 1987, which requires the enterprise development agencies to secure formal Government approval before they engage in, or promote, any activity of a primarily military relevance. The proposed amendment will allow the agencies to engage with and support enterprises in the defence, security and resilience sphere in the same way as with enterprises in other sectors, subject to compliance with all existing controls and legal obligations governing the sector. Section 9 provides for bringing the Safety, Health and Welfare at Work Act 2005 up to date with the Code of Practice for the Governance of State Bodies published in 2016, which recommends that board appointments be for a period of three to five years. Currently, appointments to the board of the Health and Safety Authority are for a period of three years in line with the Safety, Health and Welfare at Work Act 2005.
Section 10 provides that in the transposition of EU legislation on detergents, the Minister is not considered to be in default of obligations under EU law due to the penalties being insufficient. Section 5 of the Chemicals Act 2008 is amended to facilitate the making of regulations for the purpose of giving effect to obligations arising under the treaties governing the European Communities or under Acts adopted by institutions of the European Communities. In addition, section 29 of the 2008 Act is amended in relation to offences.
Section 11 amends Schedule 3, Part 1, of the Freedom of Information Act 2014 to ensure that Enterprise Ireland’s disclosure obligations under the Freedom of Information Act are not overridden by the statutory confidentiality obligations contained in the Industrial Development (Enterprise Ireland) Act 1998.
I commend the Bill to the House and look forward to engaging with Deputies on the matters to which it relates on the floor of the House today and on Committee and Report Stages. I have a medical appointment in about half an hour, so I may have to leave early. I just wanted to make people are aware of that. I will be listening to everything that is raised during the debate.