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Dáil Éireann debate -
Thursday, 2 Jun 1994

Vol. 443 No. 6

Ceisteanna—Questions. Oral Answers. - Overtime Arrangements.

Ivan Yates

Question:

1 Mr. Yates asked the Minister for Finance if he will review the restriction on overtime payments to the National Drugs Team and to officials of the Revenue Commissioners who are enforcing the vehicle registration tax regulations to return to the previous arrangements whereby there was full and continuous cover by these officials to ensure the maximum level of enforcement; the reason the administrative practice in relation to the seizure of cars as set out in the Finance Act, 1992, has been changed; and if he will make a statement on the matter.

Proinsias De Rossa

Question:

18 Proinsias De Rossa asked the Minister for Finance the purpose of his request for cuts of nearly £1 million in the flexibility and overtime allowances of Customs Officers in view of the possible implications of this move for the battle against drugs smuggling, if he will review this decision; the estimated value of drugs seized by Customs Officers during each of the years 1992 and 1993; and if he will make a statement on the matter.

I propose to take Questions Nos. 1 and 18 together.

I am informed by the Revenue Commissioners that the previous arrangement referred to by Deputy Yates was introduced in 1988 with regard to staff employed on mobile task units, MTUs. The arrangement provided for guaranteed overtime working on the basis of flexibility of attendance between the hours of 8 a.m. and 8 p.m. on weekdays. Attendance outside these hours was required when considered necessary. This arrangement was subject to overtime expenditure remaining within the amount sanctioned and was the subject of continuous cost review and possible amendment.

With the introduction of the Internal Market in January 1993 and the removal of border controls, a large number of staff became available for reassignment from static control duties to other work. Substantial new work was made available to the Commissioners by the Government, notably the new EU statistical function based in Dundalk and the administration of the new vehicle registration tax. The Commissioners, having given the matter of deployment of resources careful consideration, decided to use some of the surplus resources that became available to increase the number of mobile units with a view to enhancing enforcement. Resources in the drug enforcement area were also considerably increased. The introduction of these new units which included intelligence units, operational units, maritime units and sniffer-dog units within the Customs National Drugs team and the need to administer the new work effectively but also efficiently, necessitated a further examination of the overall operation and cost effectiveness of enforcement functions.

Under the administrative budget system and as part of the ongoing effort to achieve value for money the Revenue Commissioners regularly review expenditure under all subheads of their Vote. In view of the increased staff levels involved in their enlarged enforcement area and having regard to the constraints of the administrative budget it was not possible to sustain guaranteed overtime working in one specific area. Consequently it was decided to discontinue the guaranteed overtime arrangement for these units and provide for the payment of overtime when justified on the basis of a business case made by local management. In response the PSEU, the staff union involved, withdrew their agreement to the flexible attendance arrangements, which had been in operation since 1988.

As a result, the Revenue Commissioners decided to roster enforcement staff attendance between the hours of 8 a.m. to 8 p.m. on weekdays, Monday to Saturday with a provision for payment of overtime when justified for attendances outside these hours. I am satisfied that these revised arrangements will not adversely affect the level of enforcement necessary and will permit a more efficient and effective use of resources. The estimated street value of drugs seized by Customs in 1992 and 1993 was £10.9 million and £16.6 million, respectively.

With regard to the second part of Deputy Yates's question, duly authorised officers may seize vehicles under section 142 (4) of the Finance Act, 1992, in respect of breaches of the Vehicle Registration Tax Regulations. The Revenue Commissioners have within the past year conducted a detailed examination of the powers of Revenue officials and have clarified best practice in the use of these powers and other enforcement provisions in order to foster and promote a spirit of voluntary compliance in all Revenue areas. Relevant staff have been trained in the use of such powers and the Commissioners are in the process of issuing fresh guidelines to those staff. Furthermore, the Commissioners have in the past week, issued a Statement of Practice for the information of the public at large. I have copies of that statement which I will make available to the Deputies if they so wish.

As a result of their examination, the Commissioners have decided in cases of unaggravated breaches of the Vehicle Registration Tax Regulations by private individuals not to resort to seizure in the first instance but to issue a warning giving the person concerned an opportunity to comply within a specified time limit. Failure to regularise vehicles within the stipulated time limit could lead to their subsequent seizure under the provisions of the Act. I agree with these arrangements for the reasons stated and am satisfied that the new procedure will not cause any diminution of the tax yield or of the Commissioners' control and enforcement in this vital area.

The Minister has not answered my question on illegal imports of cars and drugs. I have been told by Revenue officials working in the customs and excise division that under the previous arrangements they worked seven hours overtime per week so that there was cover 24 hours a day, seven days a week. They now work from 8 a.m. to 8 p.m. because the agreement has broken down, and all for a paltry saving of £170,000 in overtime payments. Will the Minister agree that the National Drugs Team has been very successful and it is necessary to revert to the previous arrangements so as to ensure that people illegally importing cars and drugs are caught and their goods commandeered?

Following the introduction of the internal market in January 1993, a large number of surplus staff became available for assignment to these special units and they were reassigned from static control duties. At that stage the Revenue Commissioners considered the deployment of resources and decided to increase the number of mobile task units to 39, comprising approximately 117 staff. The concept of guaranteeing overtime now that they had a surplus of staff seemed a nonsense and it was, therefore, decided to pay people when they were required. Under the old arrangements they did not have a surplus of staff and there was a fixed system of overtime. In an effort to meet normal financial criteria the Commissioners put this new proposal forward.

I regret the dispute between the Revenue Commissioners and the staff. Under the previous arrangements a limited number of staff was guaranteed seven hours per week overtime. Attendance outside the hours of 8 a.m. and 8 p.m. was required when considered necessary and each crew member could work up to six hours overtime on 12 Sundays or public holidays. Naturally the same arrangements could not be applied when they had a surplus of staff. The number of mobile task units was increased to 39, comprising approximately 117 staff, 24-hour intelligence, operational, maritime and sniffer-dog units were set up and 63 staff were redeployed to the National Drugs Team. It seemed a nonsense to continue paying overtime under the old arrangements with this surplus of staff. This is what the dispute is about.

Will the Minister agree that these overtime payments were more than self-financing? The saving is estimated at £170,000 while the value of drugs confiscated by the National Drugs Team was in excess of £50 million. The Minister has virtually done away with car seizures. How can he justify this decision when the revenue from penalties arising from car seizures was £2 million last year?

If a need for overtime is identified I will make the money available. If the number of staff in the Houses of the Oireachtas was increased by 100 per cent it would be a nonsense for the staff who worked overtime under the old regime to continue to work overtime. Basically that is the issue. I hope the two sides can find a satisfactory resolution to this dispute.

On the second issue, every Member was writing to me saying that the Revenue Commissioners had gone over the top, were seizing cars from people who did not understand the reason for such action. The rule under the 1992 Act, and the previous regulation, is that a car imported from the United Kingdom — 99 per cent of such cars come from the UK — that is not reported within one working office day to the Vehicle Registration Unit for registration may be confiscated. That seemed a little too harsh. Now people are given a warning——

A pat on the back, is it?

——which, if they ignore, leaves them liable. Perhaps the Revenue Commissioners' success in this exercise drove many of the compliant public wild. The main purpose of this regulation is to advise people that, as soon as they are spotted and given a warning, the efficient Revenue Commissioners will await the passage of the seven days to ascertain whether they have registered the vehicle and, if not, they will be subjected to the same treatment. It affords a compliant individual a fair opportunity.

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