Ruairí Quinn
Question:490 Mr. Quinn asked the Minister for Finance the proposed statutory instruments being prepared in or under the auspices of his Department; the proposed effect of each; and if he will make a statement on the matter. [1097/98]
Written Answers. - Statutory Instruments.
Work is progressing in my Department and in the Office of the Revenue Commissioners on a number of statutory instruments, details of which are set out below.
Statutory instruments are being prepared consequential to Orders made earlier by the Minister for the Environment and Local Government with regard to designated areas and in relation to the extension of the qualifying period for the urban renewal scheme and enterprise areas.
A statutory instrument is being prepared to give the force of law to the convention on the accession to the European Union of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises.
It is proposed to make an Order under section 2 of the Trustee (Authorised Investments) Act, 1958, as amended by section 80 of the Central Bank Act, 1997. The effect of the Order would be to provide updated provisions governing investments in which funds controlled by trustees whose investment powers are governed by the Trustees (Authorised Investments) Act, 1958, may be invested. The draft Order is at an advanced stage of preparation.
A draft statutory instrument entitled "Financial Transfers (Angola) Order, 1998" to be made under section 4 of the Financial Transfers Act, 1992 has been prepared and is currently with the Attorney General's office for clearance. The Order provides for the application in Ireland of United Nations sanctions against Angola in accordance with Council Regulation (EC) No. 2229/97 of 30 October 1997, which prohibits certain transactions, including the sale or supply of petroleum products, aircraft and aircraft components. Certain exceptions are provided for in cases of medical urgency or flights of aircraft carrying food, medicine or supplies for humanitarian needs, subject to prior approval of the relevant United Nations Security Council Committee and the Central Bank.
A regulation is proposed to change the regulatory framework for VAT on property transactions. This is linked to changes to the VAT Act made in the Finance Act 1997. The regulation will relax the rules concerning the waiver of exemption in a short-term letting to the benefit of the taxpayer. It will also specify the limited circumstances in which the 1997 changes in the valuation of favoured rents will be applied.
A regulation is proposed to change the regulatory framework governing the retail export scheme. This is also linked to changes to the VAT Act made in the Finance Act 1997. The Regulation will strengthen Revenue's control of the retail export scheme under which non-EU tourists are given VAT refunds on purchases here which are then exported outside the EU. The changes are intended to safeguard the financial position of tourists.
A statutory instrument is under preparation to provide for the designation of officers to assist European Commission inspectors in the conduct of on-the-spot checks under Council Regulation (EC, EURATOM) No. 2185/96 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities. The regulation in question was adopted for the purpose of enabling the Commission to conduct on-the-spot checks where serious or transnational fraud or irregularities are suspected. It requires that appropriate contacts and assistance be provided in the member state concerned to assist the Commission.
The Freedom of Information Act will commence on 21 April next for Government Departments and offices. The following regulations must be made by commencement date.
— Access to information by parents and guardians (section 28). Regulations are required to set out guidelines for access to records by parents or guardians in respect of children or those under the care of a guardian who are unable to personally exercise their rights under the Act.
— Access to information relating to deceased persons (section 28). The Act respects the right to privacy of deceased persons. Regulations are required to set out guidelines on access to such records in limited circumstances.
— Designation of health professsionals to whom sensitive medical information can be released (section 28). The Act provides a mechanism for release of sensitive medical information to a health professional nominated by the person to whom the information relates, where direct access to the information may be damaging to that person's physical or mental health, well-being or emotional condition. The purpose of these regulations is to nominate categories of health professionals for this purpose.
— Nomination of Ministers to review ministerial certificates (section 25). The Act provides for the use of ministerial certificates in certain limited circumstances where the information in question would be prejudicial to law enforcement, security, defence, international relations or matters relating to Northern Ireland and is of sufficient sensitivity or seriousness to justify non-disclosure of the information to the Information Commissioner. The Act provides for review of the use of certificates by the Taoiseach and nominated Ministers. The purpose of these Regulations is to designate certain Ministers for this purpose.
— Fees to apply under the Act (section 47). The purpose of these Regulations is to prescribe the level of fees to be charged in accordance with the charging principles set out in section 47 of the Act.
A number of statutory instruments in relation to the superannuation arrangements applying to members of the Oireachtas and civil servants are under preparation in the Department and these are as follows:
Superannuation-Oireachtas Members
(a) to make some minor amendments to the Oireachtas (Members) Pension Scheme relating to (i) the ill-health retirement provisions and (ii) the time limit applicable to certain payments by Members who had previously ceased to be Members and who had received a refund of contributions at that time, and
(b) regulations are being prepared under section 13A(7)(d) of the Ministerial and Parliamentary Offices Act, 1938, to give statutory effect to the conditions attached to the provision which allows former Ministers to draw an actuarially reduced ministerial pension at age 50.
Superannuation-Civil Service
The following statutory instruments are being prepared under section 2 of the Superannuation and Pensions Act, 1976:
Civil Service Spouses' and Children's Contributory Pension Scheme: to give statutory effect to revision to the scheme which were introduced following an agreed recommendation under the Scheme of Conciliation and Arbitration for the Civil Service. The revised scheme provides pension benefits for the spouse of a member of the scheme who marries after retirement and for all children of the member. Voluntary Early Retirement Scheme: to give statutory effect to voluntary redundancy-early retirement in the case of Established Civil Servants; to carry through the agreements in relation to purchase of pensionable service by civil servants, at their own expense. Superannuation Scheme for Established Civil Servants: to provide for consolidation of the principal superannuation arrangements for established civil servants into a single scheme. Prison Officers: to give statutory effect to revised early retirement arrangements for certain grades of prison officer which were introduced following an agreed recommendation under the Scheme of Conciliation and Arbitration for the Civil Service. Regulations are being prepared under section 29 of the Pension (Increase) Act, 1964 to give statutory effect to pension increases which have been awarded to civil servants.
Legislation, which would probably take the form of a statutory instrument, may be required to give effect to Council Regulation (EC) 515/97 of 13 March 1997, on mutual assistance between the administrative authorities of the member states and co-operation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters. A decision whether law is needed and, if so, its form will be taken on foot of advice from the Attorney's General's office.