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Thursday, 15 Nov 2012

Written Answers Nos. 37-47

Tax Code

Questions (37)

Patrick Nulty

Question:

37. Deputy Patrick Nulty asked the Minister for Finance the basis on which the plans for a financial transactions tax have been initiated under enhanced cooperation; if he has included the residence and issuance principles in his analysis of the proposal, whereby all firms globally will have to pay the FTT if they serve the EU market, suggesting that relocation risks from Dublin would be low as relocation could make less difference in this regard; and if he will make a statement on the matter. [50234/12]

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Written answers

Under Article 329(1) of the Treaty on the Functioning of the European Union (TFEU), Member States which wish to establish enhanced co-operation in a policy area shall address a request to the Commission specifying the scope and objectives of the enhanced co-operation proposed. Eleven Member States (Belgium, Germany, Estonia, Greece, Spain, France, Italy, Austria, Portugal, Slovenia and Slovakia) have addressed formal requests to the Commission indicating that they wish to establish enhanced cooperation between themselves in the area of a common system of Financial Transaction Tax (FTT) and that the Commission should submit a proposal to the Council to that end. On 23 October 2012 the Commission submitted its proposal for a Council Decision to authorise enhanced cooperation in the area of financial transaction tax. The European Parliament will have to consent to the use of “enhanced co-operation” in this area. It is for the Council Presidency and the European Parliament to decide when they will take their respective votes on the issue. The “enhanced co-operation” member states have requested that the scope and objectives of the revised FTT proposal should be based on the Commission's original proposal of September 2011, although the Commission may decide to adjust some elements to reflect the fact that the FTT will be implemented by fewer than 27 Member States.

The original EU Commission FTT proposal was a residence based tax – that is, a transaction would be subject to the tax if one of the parties was a financial institution which is resident in one of the Member States. I requested the Economic and Social Research Institute (ESRI) and the Central Bank to prepare an assessment of the Commission’s original FTT proposal to implement an FTT in the EU. Sections 2 and 3 of the ESRI/Central Bank report, which was circulated to Oireachtas Members earlier this year, discuss the residence basis of the tax. The Commission proposal did not envisage that the FTT would be charged on an issuance basis – that is, by reference to whether the company whose shares were being transferred, or whose shares were subject to a derivative transaction, was resident or registered in an EU Member State.

The European Parliament has proposed that the FTT should operate on both a residence basis and an issuance basis, so that a transaction would be liable to an FTT if it was carried out by a financial institution in an EU Member State or if it involved a transfer of shares or a derivative transaction related to shares in a company registered in an EU Member State. While the Council (comprising representatives of the EU member state Governments) is obliged to consult the European Parliament before adopting a final position on Commission proposals, the European Parliament specifically does not have co-legislator status for proposals in the taxation area, as it would for example with co-decision proposals in other areas.

There is no revised FTT proposal from the Commission at this point – only a proposal to introduce an FTT by enhanced co-operation, rather than a proposal outlining the shape of the FTT itself. It is therefore not yet clear what form the “enhanced co-operation FTT” will take. I do not propose to request a further analysis unless and until the Commission issues a revised proposal, and any decision to request a further analysis will depend on the form that proposal takes. I do not propose to request an analysis of a measure which has not yet been formally proposed.

As the Deputy is aware, Ireland will not be one of the enhanced co-operation countries but we will continue to monitor discussions on the FTT to ensure the compatibility of any proposed measure with the internal market and with existing taxes on financial transactions, including our Stamp Duty; and with a view to protecting our existing financial services business.

Property Taxation Collection

Questions (38)

Brendan Smith

Question:

38. Deputy Brendan Smith asked the Minister for Finance the current state of logistical planning by Revenue in respect of the proposed property tax; and if he will make a statement on the matter. [50507/12]

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Written answers

As the Deputy is aware, the Government decided that, without prejudice to the policy decisions, the Revenue Commissioners will be responsible for collecting the Local Property Tax when it is introduced. In line with that decision, I am advised by the Revenue Commissioners that they are now actively planning for the implementation of the tax. This includes preparing a specification for the operation of the tax, assessing the impact on Revenue systems, including payment systems of its implementation, assessing the IT and other infrastructure requirements, beginning to develop a property and property owners register etc. Work is also underway to prepare the necessary legislation. Revenue is engaging with a wide range of Government Departments and Agencies and other service providers in planning the implementation of the tax.

Personal Debt

Questions (39)

John Browne

Question:

39. Deputy John Browne asked the Minister for Finance if he is satisfied with the manner in which banks operate the standard financial statement for customers in financial distress; if there is commonly applied definition of necessary living costs; and if he will make a statement on the matter. [50483/12]

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Written answers

I have been advised by the Central Bank that one of the recommendations of the Expert Group on Mortgage Arrears and Personal Debt was that “a Standard Financial Statement (SFS) should be developed for use by all lenders and MABS, to assess a borrower’s financial position and to identify a best course of action”. A standard format for the SFS was developed by the IBF and MABS and approved by the Central Bank in 2011. All lenders are required to use this SFS when dealing with consumers under the Mortgage Arrears Resolution Process (MARP) as set out in the Code of Conduct on Mortgage Arrears (CCMA). The SFS is a key component to the effectiveness of the MARP as it requires consumers to objectively assess their incomings and outgoings, assets and liabilities and it provides the lender with valuable information regarding the financial position of the borrower. The standard format for the SFS requires a comprehensive review of the borrower’s financial position and brings increased consistency to the process and ensures that all assessments of a borrower’s case are based on a common analysis of their financial circumstances.

Guidance has been prepared for consumers by MABS and the Central Bank which informs the borrower of the importance of completing the SFS and also the commitment of their lender to assist them with the process.

The Central Bank has undertaken to conduct a review of the CCMA to commence in 2013, and any operational issues that arise with this standard SFS will be addressed on this basis.

There is currently no commonly applied definition of necessary living costs in use by mortgage lenders. Each case is different and has to be examined on its own merits and circumstance of the person or family involved.

Banking Sector Remuneration

Questions (40)

Sandra McLellan

Question:

40. Deputy Sandra McLellan asked the Minister for Finance the number of staff that are on a total remuneration package including pension payments, allowances and benefits of between €100,000 and €200,000, between €200,000 and €300,000, between €300,000 and €400,000 and the number with more than €500,000 at Allied Irish Banks. [50510/12]

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Written answers

AIB has provided me with the following information on current annual total remuneration packages:

Total remuneration €

Number of Employees*

100,000 – 200,000

1,159

200,000 – 300,000

85

300,000 – 400,000

8

400,000 – 500,000

10

500,000+

-

* AIB had 14,501 members of staff at the end of 2011

AIB fully recognises the absolute requirement to reduce staff costs across all areas of the business as they seek to return the bank to viability and drive value for the State as shareholder. The bank has taken, and continues to implement, changes to its pay and benefits structure within the confines of contractual obligations and seeking agreement with the Unions.

AIB has taken the following specific actions to address remuneration levels: reductions in pay and benefits of higher earners ranging from 7.5% to 15% implemented in H2 2012; defined benefit pension scheme to close from end 2012 for future service; other long standing staff benefits have been withdrawn. For other staff a pay freeze has been in operation since 2008 and the bank is in discussion with the IBOA to extend this to 2014.

A voluntary severance program aimed at reducing staff numbers by 2,500 by 2014 is ongoing. This program is weighted to candidates exiting under early retirement as this population of staff, given their length of service, would typically be amongst the highest historical earners. AIB is on track to meet its target of 2,500 voluntary departures and this is expected to result in annual savings to the bank in excess of €200m.

AIB is fully participating in the Government’s review of remuneration levels in the Covered Institutions. Including pensions and all other applicable benefits there are no staff members in AIB earning in excess of €500,000 per annum.

Excluding benefits and pensions, as of November 2012, c. 5% of staff have a base salary in excess of €100,000. Of these staff members, c.59% earn a base salary of between €100,000 - €125,000 and c. 91% earn a base salary of between €100,000 and €175,000. The number of staff earning more than €100k on a base salary basis has reduced by 15% since Dec 2011 and 31% since end 2008. By end 2012 the number of staff on base salaries of greater than €100,000 is projected to decrease to 700 staff, or a reduction of 18% from end 2011 or 33% from end 2008.

AIB is in the process of implementing changes to staff pensions and benefits with discussions ongoing with staff and the Unions. AIB is committed to ensuring that all elements of pay, including base pay and benefits, are in line with the bank’s operating performance and recognise the materially altered environment for Bank’s operating in Ireland. All changes need to be made against a backdrop of historical contracts that were put in place in a different operating and ownership environment.

Question No. 41 answered with Question No. 33.

State Investments

Questions (42)

Dessie Ellis

Question:

42. Deputy Dessie Ellis asked the Minister for Finance the value of cash reserves and all other investments held by the National Treasury Management Agency and the National Pensions Reserve Fund at the end of September 2012; and if he will make a statement on the matter. [50245/12]

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Written answers

Cash reserves and other balances held by the National Treasury Management Agency on behalf of the State at 30 September 2012 were as follows:

NTMA Cash Reserves/other balances

30 Sept 2012

€ billion

Exchequer Account

23.70

Capital Services Redemption Account

0.05

Deposits

0.30

Housing Finance Agency Guaranteed Notes

3.88

Dormant Accounts Fund

0.17

Other Ministerial balances

0.64

28.74

The figures include cash held in the Exchequer Account in the Central Bank, cash held by the NTMA on deposit with commercial banks, Housing Finance Agency Guaranteed Notes held by the NTMA, the assets of the Dormant Accounts Fund and other Ministerial funds.

The Housing Finance Agency Guaranteed Notes are not immediately callable as they provide funding to the Housing Finance Agency.

In the April Stability Programme Update (SPU) prepared by my Department it is estimated that the cumulative Exchequer deficit over the years 2013-2014 would be close to €25 billion. In addition to these day-to-day costs, there are large debt redemptions that are scheduled from early 2013, including a €5.6 billion bond repayment in April 2013 and a €7.6 billion bond repayment in January 2014. The continuing budget deficits and debt redemptions must be adequately and prudently funded.

Exchequer cash reserves are an important component in bolstering investor confidence in Ireland as it continues on the path to full independent market access at sustainable interest rates. The EU/IMF programme ends in 2013 making such market access of critical importance.

In relation to the cash assets of the National Pensions Reserve Fund (NPRF), I am informed by the National Treasury Management Agency, as Manager of the Fund, that the total value of the Fund on 30 September 2012 was €14.032 billion.

The Directed Portfolio (investments in Irish financial institutions made for public policy reasons at the direction of the Minister for Finance) was valued at €8.057 billion (57.4% of total).

The Discretionary Portfolio, the investment of which remains the Commission’s responsibility, was valued at €5.975 billion (42.6% of total).

Cash reserves were valued at €0.801 billion (13.4% of the Discretionary Portfolio).

The detail of all other investments in the Discretionary Portfolio is set out in the following table:

NPRF Asset Allocation

€m

% of Discretionary Portfolio

Large Cap

1,474

24.7%

Small Cap

333

5.5%

Emerging Markets

633

10.6%

Total Quoted Equity

2,440

40.8%

Eurozone government bonds

0.0%

Eurozone inflation linked bonds

112

1.9%

Eurozone corporate bonds

394

6.6%

Cash

801

13.4%

Total Financial Assets

1,307

21.9%

Private Equity

769

12.8%

Property

474

7.9%

Commodities

280

4.7%

Infrastructure

368

6.2%

Absolute Return Funds

238

4.0%

Total Alternative Assets

2,129

35.6%

Equity Put Options

99

1.7%

TOTAL DISCRETIONARY PORTFOLIO

5,975

100.0%

EU-IMF Programme of Support Issues

Questions (43)

Bernard Durkan

Question:

43. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he continues to receive support from his EU colleagues for the principle of improved terms for interest and repayments of bailout debt which in turn would create the prospect of some economic growth leading to an improvement in debt GDP ratio and economic recovery; if the issue of historical debt remains to be resolved; when he expects ongoing discussions to conclude in this regard; the degree to which members of national parliament throughout the EU are familiar with the desirability of such progress and the ultimate benefit for all member states particularly those within the Eurozone; and if he will make a statement on the matter. [50256/12]

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Written answers

As you will be aware, Ireland’s implementation of the EU/IMF Programme has been recognised, and indeed lauded, both at the ECOFIN and at Eurogroup meetings. There has been wide-spread acknowledgement of our commitment to the Programme, a commitment evidenced by the fact that we have met all of our Programme conditions to date. Ireland’s exit from our programme of financial support will represent a success for both Ireland and the broader Euro-zone. Continuation of our strong implementation record to date is critical to such a successful exit.

There is a very keen awareness, by Member States, of the difficulties faced by programme countries, and the efforts being made are well recognised and acknowledged.

Our strong performance has already been recognised in a tangible way. The agreement on 21 July 2011 by the Euro-area Heads of State or Government to reduce to reduce the interest rates to close to the cost of funding and extend the maturity of the EFSF loans, has been reflected in similar changes to the terms of the EFSM loans. They were also reflected in the interest rates for the bilateral loans from the UK, Sweden and Denmark.

The Euro-area Heads of State or Government agreed on 29th June this year that “it is imperative to break the vicious circle between banks and sovereigns”. The Statement of 29th June also stated that it has been agreed that when an effective single supervisory mechanism is established, involving the ECB, for banks in the euro area, the European Stability Mechanism (ESM) could have the possibility to recapitalise banks directly. The establishment of a single supervisory mechanism for euro area banks is a prerequisite for any direct recapitalisation facility.

Discussions are continuing at a technical level to put in place both the single supervisory mechanism, and the European Stability Mechanism’s direct banking recapitalisation facility, at the earliest possible date. Ireland is participating constructively in these technical discussions.

The most recent European Council on 18/19 October 2012 concluded that:

“The Eurogroup will draw up the exact operational criteria that will guide direct bank recapitalisations by the European Stability Mechanism (ESM), in full respect of the 29 June 2012 euro area Summit statement. It is imperative to break the vicious circle between banks and sovereigns. When an effective single supervisory mechanism is established, involving the ECB, for banks in the euro area the ESM could, following a regular decision, have the possibility to recapitalize banks directly.”

Given that the establishment of the single new supervisory mechanism is a pre-requisite for direct banking recapitalisation, it has become obvious that reaching an outcome here will take longer than our discussions in relation to the promissory notes. Aside from the issue of when this new instrument would become available, there is a host of other issues that have yet to be worked through such as how the ESM would run these banks, what governance arrangements would be put in place between the fund and the banks themselves and indeed between the ESM and Member State governments. We will need to examine these wider considerations in the months ahead.

It is important from Ireland’s perspective, that progress towards these goals is made as quickly as possible, and as I have already mentioned we are playing our full part in this work.

We take every opportunity to promote Ireland’s case for improved terms on the cost of our banking support measures, through contacts at Ministerial, Diplomatic and official level.

Question No. 44 answered with Question No. 33.

Mortgage Arrears Report Implementation

Questions (45)

Brian Stanley

Question:

45. Deputy Brian Stanley asked the Minister for Finance if he will detail individually each of the recommendations arising out of the Keane report on the mortgage crisis that he or his Department have implemented since the report was published 12 months ago; if he will provide a detailed outline of the actions taken to date with respect to each of these recommendations; if he will detail individually each of the recommendations arising from the Keane report that he or his Department have not implemented; and if he will provide an explanation for the non-implementation of these specific recommendations. [50239/12]

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Written answers

The Report of the Inter-Departmental Working Group on Mortgage Arrears (the ‘Keane Report’) was published in October 2011. The key strategic conclusion of the Keane Report was that there should not be a blanket debt forgiveness approach but that instead the focus should be on the development, by both lenders and the State, of measures that will be of assistance to those mortgage holders, having regard to individual circumstances, experiencing genuine difficulty with their mortgage commitments. The Government is now actively progressing the implementation of the main recommendations contained in that Report and to that end a Government committee, chaired by An Taoiseach, continues to meet. Also a high level Steering Group, chaired by my Department, coordinates work at official level across the relevant Departments and the Central Bank. The Government has accepted the overall recommendations of the Keane Report and a number of significant milestones have now been achieved in their implementation:

- Personal insolvency reform was identified in the Report as a central catalyst for the resolution of the mortgage arrears problem and it was stated that, without effective legislation in this area, the mortgage arrears problem will not be resolved. As the Deputy will be aware, the Personal Insolvency Bill was published last June and the Bill has been progressed by the Minister for Justice, Equality and Defence and Dáil Report stage on the Bill has recently concluded. It is hoped to complete all stages of the parliamentary process before the end of the year;

- The Report was also of the view that Mortgage Interest Supplement is not an appropriate long term housing support and instead it recommend, as a social housing response, the establishment of two schemes, “mortgage to rent” and “mortgage to lease”, for eligible households. On foot of the recommendations, the primary focus has been on the progression of the former and a “mortgage to rent” scheme was launched on a pilot basis in February and this scheme was subsequently extended nationally by the Minister for Housing and Planning in June 2012. This option is now available in appropriate cases and will be of benefit to low income families whose mortgage situation is unsustainable to allow that family remain in their home;

- The recommendations of the Keane Report also included, in addition to standard forbearance, a range of possible solutions such as “trade down mortgages”, “split mortgages” and “sale by agreement” that could be explored and offered by lenders if suitable to borrower and lender. A case by case approach is required in this matter and the area of sustainability will be a key factor when considering an appropriate solution in this area. The Central Bank under its MARS project has been intensively working with lenders to ensure that they have a range of longer term options, such as those outlined in the Report or other appropriate options as may be developed by lenders, and that they have the capacity to implement effectively. The rollout of these options commenced in the final quarter of this year with Central bank oversight;

- An extensive independent mortgage advice framework has now been put in place by the Minister of Social Protection comprising (i) an enhanced website www.keepingyourhome.ie (ii) a Mortgage Arrears information helpline, and (iii) the provision of free independent ‘one-to-one’ professional financial advice to borrowers when considering a long term forbearance/resolution offer from their lender. The list of accountants providing this service is located on the www.keepingyourhome.ie website.

Mortgage Interest Relief Extension

Questions (46)

Alan Farrell

Question:

46. Deputy Alan Farrell asked the Minister for Finance if he will outline the benefits to extending the current rate of mortgage interest relief for first-time buyers; the projected cost of extending the scheme to the Exchequer, and his rationale for the possible cessation of the scheme in 2013; and if he will make a statement on the matter. [50254/12]

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Written answers

If mortgage interest relief was extended to allow for loans taken out in 2013 by first-time buyers to qualify for mortgage interest relief at the current rates of relief and interest ceiling applicable to first-time buyers, and assuming that the interest payments would reach the interest ceilings available to first-time buyers, the maximum benefit to such buyers would be as follows:

Single Individuals

Year

First Time Buyer Interest Ceiling

Rate of Mortgage Interest Relief

Maximum Relief  Due

2013

€10,000

25%

€2,500

2014

€10,000

25%

€2,500

2015

€10,000

22.5%

€2,250

2016

€10,000

22.5%

€2,250

2017

€10,000

22.5%

€2,250

Married Couples

Year

First Time Buyer Interest Ceiling

Rate of Mortgage Interest Relief

Maximum Relief Due

2013

€20,000

25%

€5,000

2014

€20,000

25%

€5,000

2015

€20,000

22.5%

€4,500

2016

€20,000

22.5%

€4,500

2017

€20,000

22.5%

€4,500

If it is assumed that any extension of mortgage interest relief to new borrowers in 2013 would include both first-time and non first-time buyers in that year, I am informed by the Revenue Commissioners that the full year cost to the Exchequer of an extension on that basis, assuming current rates, is estimated to be of the order of €5 million.

It is also tentatively estimated that two thirds of this cost would relate to first time buyers.

It should be noted that, the position is, as I stated in my Budget day speech on 6 December 2011, and on many occasions in this House since, that mortgage interest relief for principal private residences will no longer be available to house purchasers who purchase after the end of 2012 and will be fully abolished from 2018. This means that a loan will have to be drawn down on or before 31 December 2012 in order to qualify for this relief. I have no plans to review this decision and I believe that more than adequate notice of this decision has been provided.

As you will appreciate, I receive numerous requests for the introduction of new tax reliefs and the extension of existing ones. You will also appreciate that I must be mindful of the public finances and the many demands on the Exchequer given the current significant budgetary constraints. Tax reliefs, no matter how worthwhile in themselves, reduce the tax base and make general reform of the tax system that much more difficult.

Official Engagements

Questions (47)

Richard Boyd Barrett

Question:

47. Deputy Richard Boyd Barrett asked the Minister for Finance if he has met with Germany's Finance Minister, Wolfgang Schäuble, and the issues that were raised; and if he will make a statement on the matter. [48417/12]

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Written answers

Together with my colleague, Minister for Public Expenditure and Reform, Brendan Howlin, I met with the German Federal Minister for Finance, Dr. Wolfgang Schäuble, on 29 December in Dublin.

We discussed with him our plans to emerge from the EU/IMF programme next year and to make a full and sustained return to the markets. We briefed him on the outcome of the latest troika review which showed that over 160 commitments were fulfilled on time and some 80% of the funding had been drawn down. We also covered the challenges facing Ireland including how the sustainability of the Irish programme could be improved.

In addition, we set out the objectives of our Presidency of the European Union and discussed a range of other issues including with regard to the EU jobs and growth agenda, the restoration of the EU’s competitiveness, and the proposals for Banking Union.

We also discussed the need for timely implementation of the conclusions of the European Council, including the examination of Ireland’s well performing adjustment programme as reaffirmed by the Taoiseach and Chancellor Merkel on 21 October 2012.

The following revised reply was received on 20 February 2013:

Together with my colleague, Minister for Public Expenditure and Reform, Brendan Howlin, I met with the German Federal Minister for Finance, Dr. Wolfgang Schäuble, on 29 October in Dublin.

We discussed with him our plans to emerge from the EU/IMF programme next year and to make a full and sustained return to the markets. We briefed him on the outcome of the latest troika review, which showed that over 160 commitments were fulfilled on time and some 80% of the funding had been drawn down. We also covered the challenges facing Ireland, including how the sustainability of the Irish programme could be improved.

In addition, we set out the objectives of our Presidency of the European Union and discussed a range of other issues, including the EU jobs and growth agenda, the restoration of the EU’s competitiveness, and the proposals for Banking Union.

We also discussed the need for timely implementation of the conclusions of the European Council, including the examination of Ireland’s well performing adjustment programme as reaffirmed by the Taoiseach and Chancellor Merkel on 21 October 2012.

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