Labour Services Act, 1987

Functions of An Foras.

4.—(1) The principal functions of An Foras shall be—

(a) to provide, or arrange for, encourage and foster the provision of, training and re-training for employment and to assist (whether financially or otherwise) in, and co-ordinate, the provision of such training by others,

(b) to provide, or arrange for, encourage and foster the provision of, employment schemes and to assist (whether financially or otherwise) manage, administer and co-ordinate such schemes and to assist (whether financially or otherwise) in, and co-ordinate, the provision of such schemes by others,

(c) to provide, or arrange for, encourage and foster the provision of, assistance in obtaining employment in the State for persons seeking such employment, whether under contracts of service or contracts for services and to assist (whether financially or otherwise) in, and co-ordinate, the provision of such assistance by others,

(d) to provide, or arrange for the provision of, assistance in obtaining work experience in employment,

(e) to provide, or arrange for the provision of, whether for reward or otherwise—

(i) services whereby persons seeking, and persons offering, employment in the State are brought into contact with each other,

(ii) services consisting of the placing of persons in employment, and

(iii) services consisting of the provision of guidance, advice and information in respect of choice of career and employment,

and to assist (whether financially or otherwise) in, and coordinate, the provision of such services by others,

(f) to facilitate and assist (whether financially or otherwise) local community groups and co-operatives of workers or of members of local communities in the provision of employment by means of the establishment and enlargement of enterprises of any kind, to encourage and foster their establishment by such groups and co-operatives and to assist (whether financially or otherwise) such groups and co-operatives in their management, administration and supervision,

(g) whenever so requested by them, to facilitate and assist persons, in whatever manner An Foras considers necessary or desirable, in obtaining employment in a state that is a member of the European Communities,

(h) to collect, collate, prepare, publish and distribute from time to time information (including statistics and forecasts and extrapolations of trends and developments) in relation to services or activities provided or carried on by or on behalf of An Foras and such other matters respecting its functions as the Minister may specify and to publish and distribute analyses of the information aforesaid prepared by or on behalf of An Foras,

(i) to furnish, whenever it so thinks fit or is so requested by the Minister, advice to the Minister in relation to any matter connected with the functions or activities of, or the services provided by, An Foras, and

(j) to carry out, or arrange for the carrying out, of research into any matter related to the functions or activities of, or the services provided by, An Foras.

(2) An Foras shall also have and enjoy all those functions that were vested in An Chomhairle, the Agency and the Manpower Service immediately before the establishment day and are not specified in subsection (1).

(3) An Foras shall have all such powers as are necessary or expedient for the performance of its functions.

(4) An Foras may, in respect of persons who are ordinarily resident in the State and who avail of or participate in the services or activities provided or carried on by An Foras in the State—

(a) provide, or arrange for the provision of, outside the State any of the services that it is authorised by this section or under section 5 to provide, or arrange for the provision of, in the State, and

(b) carry on, or arrange for the carrying on of, outside the State any of the activities that it is authorised by this section or under section 5 to carry on in the State.

(5) An Foras may, with the consent of the Minister, provide in the State any of its services, or carry on in the State any of its activities, for the benefit of persons who are not ordinarily resident in the State.

(6) (a) An Foras may, with the consent of the Minister and the Minister for Finance, outside the State—

(i) perform any of the functions, provide any of the services or carry on any of the activities that it is authorised by this Act to perform, provide or carry on in the State, and

(ii) provide advisory and consultancy services in relation to—

(I) the performance of functions outside the State by other persons,

(II) the provision of services outside the State by other persons, or

(III) the carrying on of activities outside the State by other persons,

being functions, services and activities similar to those that An Foras is authorised by this Act to perform, provide and carry on in the State.

(b) Functions, services and activities specified in paragraph (a) shall be performed, provided and carried on through one subsidiary (within the meaning of the Companies Act, 1963 ) that is wholly owned by An Foras and, accordingly, An Foras may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, provision and carrying on, acquire or form and register one, but not more than one, subsidiary (within the meaning aforesaid).

(c) The memorandum and articles of association of the subsidiary shall be in such form as may be determined by An Foras with the consent of the Minister and the Minister for Finance.

(d) The Minister may give a direction in writing to An Foras on any matter relating to the subsidiary or the policies, programmes or activities of the subsidiary and An Foras shall comply or, as may be appropriate, secure compliance with the direction.

(e) A direction under this subsection in relation to the disposal of any assets or profits of the subsidiary shall not be given without the consent of the Minister for Finance.

(7) (a) An Foras or the subsidiary, as the case may be, shall make such charges as it considers appropriate in consideration of the performance of a function, the provision of a service or the carrying on of an activity pursuant to subsection (5) or (6) but the charges shall not be less than the cost of the performance of the function, the provision of the service or the carrying on of the activity, as the case may be.

(b) The amount of a charge under this section may be recovered by An Foras or the subsidiary, as the case may be, from the person on whom it was made as a simple contract debt in any court of competent jurisdiction.

(8) In this section “assist” includes advise and consult and “assistance” shall be construed accordingly.