Written Answers. - Proposed Legislation.
Frances Fitzgerald
Question:
178
Ms Fitzgerald
asked the
Minister for Finance
the proposals, if any, for legislation being prepared under the auspices of his Department that have not yet been published; and the statutory instruments, if any, being prepared in his Department.
[13981/98]
The following primary and secondary legislation is currently being prepared in my Department. A Standards in Public Office Bill is being prepared in light of the recommendations of the Tribunal of Inquiry (Dunnes Payments) and the commitment in the programme for Government to restore confidence in public life through a credible policing mechanism for ethical issues. The Bretton Woods (Amendment) Bill, 1998, is designed to effect an Irish contribution to the Enhanced Structural Adjustment Facility of the International Monetary Fund. The Ombudsman (Amendment) Bill will extend the remit of the Ombudsman and make provision for Administrative Procedures. A general scheme of a valuation Bill is currently being considered by the Government. No decision has been made on the proposal at present. Draft heads of Bill are being prepared for the establishment of a State Claims Management Agency. The question of legislation to facilitate the supervision and regulation by the Central Bank of trustees of foreign trusts in Ireland is under ongoing review.
Statutory Instruments — Superannuation and Pensions Act, 1976: the following statutory instruments are being prepared under section 2 of the Act. Civil Service spouses' children's contributory pension scheme: to give statutory effect to revisions 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; superanuation 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; purchase of notional service scheme: to carry through agreements in relation to purchase of notional pensionable service by established civil servants, at their own expense.
Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act, 1992 and the Oireachtas (Allowances to Members) Act, 1938 (as amended): amendments are being prepared to the Oireachtas (Members) pension scheme to provide for the pensionability of certain allowances granted under recent legislation. Amendments are being prepared to the Oireachtas Termination Allowance Regulations to provide for the reckoning of certain allowances granted under recent legislation in the calculation of termination allowances for members of the Oireachtas.
Pension (Increase) Act, 1964: regulations are being prepared under section 29 Act to give statutory effect to pension increases which have been awarded to civil servants.
Courts (Supplemental Provisions) (Amendment) Act, 1991: following consultation with the Department of Justice, Equality and Law Reform, regulations are being prepared under section 4 of the Courts (Supplemental Provisions) (Amendment) Act, 1991 to give effect to the revised spouses and children's contributory pension scheme for the Judiciary.
Ministers and Secretaries (Amendment) Act, 1939: a draft order is being perpared for the transfer of departmental administration and ministerial functions for vocational teacher's superannuation schemes.
Freedom of Information Act, 1997: regulations are currently being prepared under sections 25 and 28 of this Act. The section 25 certificates will provide for other Ministers to assist the Taoiseach in reviewing the use of certificates under the Act. The regulations under section 28 will provide for arrangements in respect of access to records (i) by parents and guardians and (ii) of a deceased person.
The following statutory instruments are being prepared by the Office of the Revenue Commissioners:
(1) The Value-Added Tax (Waiver of Exemption) (Amendment) Regulations, 1998.
(2) The Value-Added Tax (Valuation of Interests in Immovable Goods) (Amendment) Regulations, 1998.
Statutory instruments are also being prepared in Revenue to amend previous statutory instruments relating to the designation of certain areas for the purposes of incentive tax reliefs provided under Section 39, as amended, of the Finance Act, 1994 (Urban Renewal tax incentives). This amendment is necessary because the qualifying period for the incentives was extended in the 1998 Finance Act for projects which meet certain criteria. In addition, the orders will need to take account of the new section numbers applying under the Taxes Consolidation Act, 1997.
Statutory Instruments to implement EU Directives 97/52/EC and 98/4/EC: legislation is being prepared to give effect to certain provisions in the following agreements to allow Ireland to proceed to ratify these agreements.
1. A Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the use of information technology for customs purposes.
2. An agreement on the provisional application between certain member states of the European Union of the convention drawn up on the basis of Article K.3 of the Treaty on European Union on the uses of information technology for customs purposes.
3. A Protocol drawn up on the basis of Article K.3 of the Treaty on European Union on the interpretation by way of preliminary rulings by the Court of Justice of the European Communities of the convention on the use of information technology for customs purposes.
4. A convention drawn up on the basis of Article K.3 of the Treaty on European Union on mutual assistance and co-operation between customs administrations.
Frances Fitzgerald
Question:
179
Ms Fitzgerald
asked the
Minister for Finance
the Acts and provisions of Acts under the auspices of his Department which, as of 1 June 1998, are not in force because a commencement order has not been made; whether it is proposed to make an order in each case; and, if so, when this will be made.
[13996/98]
Section 11 of the Superannuation and Pensions Act, 1976, which will repeal enactments mentioned in the Second Schedule to that Act, has not been brought into force. Commencement of the section is dependent on the making of the principal Civil Service pension scheme.
Section 28(4) of the Investment Intermediaries Act, 1995, was not commenced, in line with commitments given in the Oireachtas during the passage of the Bill that difficulties raised by the industry would first be explored in the context of discussion on an overall system of compensation for clients of investment firms. The Investor Compensation Bill, 1998 proposes to repeal the subsection in the context of the introduction of investor compensation arrangements under the Bill.
Section 51 of the Act imposes a requirement on investment business firms to hold a bond. This requirement was not commenced in respect of the following categories of investment business firms:
(a) authorised investment business firms to which the Minister for Finance has given a certificate under section 39B of the Finance Act, 1980 (IFSC firms),
(b) authorised investment business firms which are members of a compensation scheme,
(c) authorised investment business firms which provide investment business services to professional and institutional investors only or that part of their investment business service which covers professional and institutional investors only, and
(d) restricted activity investment product intermediaries who provide no investment business services other than acting as a deposit agent and, in respect of deposit agent business, investment intermediaries who provide investment business services including acting as a deposit agent.
The Investor Compensation Bill, 1998 proposes to repeal this section in the context of the introduction of investor compensation arrangements under the Bill.
Taxes Consolidation Act, 1997- Section 372B, urban renewal scheme: a commencement order is required for qualifying period. The scheme is subject to EU Commission approval for non-residential incentives. Section 372L, rural renewal scheme: a commencement order is required for qualifying period. for business incentives. This element of the scheme is subject to EU Commission approval for these business incentives.
Sections 322 & 323, custom house docks area: an extension of the termination date for the availability of accelerated capital allowances and other reliefs is required and this is subject to EU Commission approval.
Section 340, designation of areas immediately adjacent to seven regional airports as enterprise areas: a commencement order is required for qualifying period and description of area and the tax reliefs is required and this is subject to qualifying proposals being submitted to the Minister for Finance and EU Commission approval.
Under section 343, an extension of the definition of qualifying trading operations for areas to be designated as enterprise areas immediately adjacent to seven regional airports to include freight forwarding and certain allied services is required and this is subject to EU Commission approval.
The Public Service Management Act, 1997, which came into operation on 1 September 1997, contains certain permitted powers to be commenced by orders under sections 12 and 13. The question of making orders under section 12 will be considered in the context of reviewing strategy statements to identify key cross-departmental issues and the appropriate arrangements to address them. Section 13 allows the Government to make Orders declaring certain offices listed in Part 1, Schedule 1 as corporation soles, should the named office holder so wish.
Section 159 of the Finance Act, 1997, which relates to evidence of authorisation has not yet been commenced. It is expected that the section will be commenced in July 1998.
Sections 13, 14, 15 and 16 of the Central Bank Act, 1998, which prepares the Central Bank for its role in Economic and Monetary Union, remain to be commenced. It is proposed to commence these sections on 1 January 1999 and a commencement order to this effect shall be signed later in 1998.
Under section 14, of the Finance Act, 1998, the seafarers' allowance requires a commencement order before it becomes operational. Before any commencement order can be made the European Commission must approve the new allowance for seafarers. The Department of the Marine and Natural Resources are dealing with the EU aspect.
Section 23 on the capital allowances for certain sea fishing boats will be commenced by order following EU clearance of the scheme.
Section 47 on the amendments of Principal Act in consequence of a change in the currency of certain States and Schedule 2 provide technical measures to cater for the consequences of the change in currency of the State to the euro on 1 January 1999. As it would be inappropriate for these provisions to take effect in advance of the introduction of the euro as the currency of the State, which is scheduled to occur on 1 January 1999, the legislation provides that these provisions will not take effect until such time as the Minister for Finance, by order, appoints. It is proposed that an order will be made following the actual change in currency of the State to the euro.
Section 62 on the relief for investment in renewable energy generation will be commenced by order following EU clearance of the scheme.
Section 90 on the oil duty offences in relation to fuel tanks: the commencement order has been prepared for signature with a view to coming into effect on 1 July 1998.
Section 132 deals with tax clearance for criminal legal aid schemes. Its commencement is a matter for the Department of Justice, Equality and Law Reform.
