Written Answers Nos 54-73
54. Deputy Dessie Ellis asked the Minister for Justice and Equality his plans to make the Inspector of Prisons accountable to the Oireachtas; and his plans to put the inspector's standards on a statutory footing and introduce a binding mechanism for the implementation of recommendations [5993/13]
View answerThe Inspector of Prisons has been established on a statutory basis since 2007 by virtue of Part 5 of the Prisons Act, 2007 and is independent in the performance of his functions. I believe it is an important role ensuring an effective independent oversight of our prison system which has my full support in carrying out its remit.
As Minister, I am obliged to publish all of the Inspector's reports and it is my intention to continue doing this with all reports presented to me. While I have no plans to put the Inspector's Standards on a statutory footing or to introduce a binding mechanism for the implementation of recommendations, I can assure the Deputy that I receive regular updates on the implementation of the Inspector's recommendations, and I expect them to be acted upon and implemented to the fullest extent possible.
I have also previously stated my intention to strengthen the independent oversight of our prisons. Under new legislation being prepared, I intend to make Visiting Committees more effective while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. The arrangements for membership of the Committees will be changed and a link will be established between the Visiting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the Inspector of Prison's role which I believe will greatly enhance his independent oversight of the prison system.
55. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will grant refugee status in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [5665/13]
View answerThe person concerned applied for asylum on 14th August, 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
The person concerned would then appear to have left the State, on a date unknown, and travelled to the United Kingdom (UK). Given that he had no permission to remain in the UK, and in accordance with the provisions of Article 16(1)(c) of the Dublin II Regulations, a formal request was received from the UK's immigration authorities, on 23rd December, 2010, to 'take back' the person concerned. Ireland agreed to the 'take back' request on the basis that Ireland was the Member State responsible for examining the asylum claim by the person concerned. The person concerned was returned to Ireland on 3rd March, 2011 and was returned to the stage of the asylum/immigration process where he had been before he departed for the UK.
Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th December, 2010, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy might also wish to note that the person concerned contacted the Irish Naturalisation and Immigration Service in early April, 2011 indicating that he wished to return voluntarily to his country of origin. In response to that request, the Irish Naturalisation and Immigration Service advised the person concerned of the voluntary return options open to him. Specifically, he was advised to contact the Dublin Office of the International Organisation for Migration (IOM) and while he did so, there were practical reasons as to why the voluntary return arrangement could not be concluded at that time. The person concerned again contacted the Irish Naturalisation and Immigration Service on 15th June, 2012 indicating that he wished to return voluntarily to his country of origin, but he later withdrew that request. As a result, his case will now be determined in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006 and, if necessary, the provisions of Section 3 (6) of the Immigration Act 1999 (as amended), in the order set out above.
The Deputy will appreciate that as the asylum claim of the person concerned has already been determined and refused, there is no basis under which he can now be granted refugee status. However, his ultimate position in the State remains to be determined so he should await the outcome of his application for Subsidiary Protection.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
56. Deputy Sandra McLellan asked the Minister for Justice and Equality his plans to introduce legislation on corporate manslaughter; and if he will make a statement on the matter. [6008/13]
View answerA Government decision has approved, in principle, the preparation of a general scheme of a Criminal Justice (Corporate Manslaughter) Bill. This will be complex legislation with wide implications and an inter-Departmental working group is currently preparing a Regulatory Impact Analysis, including consultations with key stakeholders, to assess the costs, benefits and impacts associated with such legislation. The working group is expected to complete its work in the coming months and the Regulatory Impact Analysis will inform the development of specific legislative proposals in this area. At this stage, it is not possible to indicate when legislation will be introduced.
57. Deputy Alan Farrell asked the Minister for Justice and Equality the number of persons expected to seek assistance from the Personal Insolvency Agency in 2013; the expected timeframe in which the agency will deal with individual cases and, therefore, an appropriate waiting time for persons to be dealt with once the process is under way; the order persons will be seen; and if he will make a statement on the matter. [5656/13]
View answerAs I indicated in my Press Release of 19 December, 2012, it is difficult to ascertain the likely demand on the new Insolvency Service. The tentative estimate of applications for the two main debt resolution processes - the Debt Settlement Arrangement and Personal Insolvency Arrangement - is roughly 15,000 applications plus a further 3,000 to 4,000 applications for Debt Relief Notices in the first full year . We would also expect about 3,000 bankruptcy applications during this time.
The Insolvency Service of Ireland aims to open its office, launch its website, commence an information campaign with the issuing of publications and relevant guidelines in Quarter 1 of 2013.
The regulatory and IT frameworks required for the Service to accept and process applications for the three new debt arrangements should be in place during Quarter 2 of 2013.
The Act allows for the registration and regulation of personal insolvency practitioners and authorised intermediaries who can advise individuals of their eligibility to seek debt resolution under the three new arrangements. It is not possible to say at this stage the time it will take to process cases.
59. Deputy Clare Daly asked the Minister for Justice and Equality his views that the Office of the Garda Confidential Recipient is operating in a manner that facilitates and protects gardaí who wish to come forward with complaints of malpractice. [6012/13]
View answerThe Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for the appointment, and functions, of a Confidential Recipient to whom members of the Force can report, in confidence, instances where they believe there may be corruption or malpractice within the Force. The Confidential Recipient is required to transmit each report to the Commissioner but, in doing so, is bound to protect the identity of the confidential reporter. Any communication between the Confidential Recipient and the Commissioner is absolutely confidential and there are strong safeguards in the Regulations for the protection of confidential reporters.
61. Deputy Brian Stanley asked the Minister for Justice and Equality his plans to increase training of staff and management in the way to deal with prison complaints professionally; and his plans to inform prisoners of the new complaints system and ensure it is accessible. [5991/13]
View answerFollowing a report by the Inspector of Prisons to the Minister for Justice and Equality in March 2012, regarding the introduction of a new complaints model in the Irish Prison Service which meets best practice and our international obligations in this regard, a new complaints model is being introduced in the Irish Prison Service on a phased basis.
The model which is being introduced contains four separate categories of complaints and three separate complaints procedures.
Category A Complaints are most serious level of complaints (assault, serious intimidation of prisoners by staff etc) and involves two elements of independent investigation/appeal – initial investigation by external investigator/s on behalf of the Irish Prison Service with a right of appeal to the Inspector of Prisons (the latter is subject to the introduction of primary legislation).
Category B Complaints are mid range in terms of seriousness (discrimination, verbal abuse of prisoners by staff, inappropriate searches etc) and fall to be investigated by a Chief Officer with recourse to appeal to the prison Governor and a subsequent recourse of appeal to the Inspector of Prisons if a prisoner is unhappy with the outcome of his/her original appeal (the latter is subject to the introduction of primary legislation).
Category C Complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison (visits, phone calls, etc.) and fall to be investigated by a Prison Officer with the possibility of appeal to a Chief Officer if the prisoner is unhappy with the outcome or resolution of his/her complaint.
Category D Complaints relate to complaints against professionals such as dentists, doctors etc. Such complaints will be referred in the first instance to the prisons’ medical officer for possible resolution and, if this is not possible, to the relevant professional body responsible for regulating the professional involved.
The full complaints model will be introduced during the lifetime of the Irish Prison Service Three Year Strategic Plan (April 2012-April 2015).
The Inspector of Prisons will have oversight of all categories of complaints.
I am informed by the Director General of the Irish Prison Service that a comprehensive awareness campaign has been carried out in relation to the Category A Complaints procedure which was introduced with effect from the 1 November 2012.
The Director General of the Irish Prison Service issued a Standard Operating Procedure (SOP) to all Governors on the operation of the new process which Governors were instructed to bring to the attention of all staff. Hard copies of the SOP were also issued to each staff member. The Irish Prison Service Training and Development Centre has developed a staff awareness/training pack in relation to the Prisoner Complaints procedure for delivery by the Training Liaison Officers in all prisons. Further training for staff will be provided as the new procedures for dealing with the other complaints categories are introduced.
I have also been informed by the Director General that an information poster for prisoners on the Category A Complaints process is displayed in all prisons and information leaflets were distributed.
63. Deputy Charlie McConalogue asked the Minister for Justice and Equality the discussions he has held with his Northern Ireland counterpart with regard to tackling the threat of dissident republicanism; and if he will make a statement on the matter. [6047/13]
View answerI meet frequently and have ongoing discussions with the Northern Ireland Minister of Justice, David Ford, and the Secretary of State for Northern Ireland, Theresa Villiers, with regard to the security situation and ongoing efforts to combat threats from criminal terrorists, the so-called ‘dissident republican’ groups. The threat which these groups present is a matter of shared concern North and South. We also share a strong resolve to take all necessary actions within the law to bear down on these groups.
The Deputy will know, of course, that these so-called 'dissident republicans' are criminal terrorists who use lethal violence in pursuit of their own, often personal, ends. They are deeply and inextricably involved in serious crime in order to fund their activities and their lifestyles.
I can assure the House that countering the paramilitary threat has always been a priority for the Garda Síochána and nothing has changed in that regard. The Gardaí will continue in their efforts to counteract these groups and their activities.
The Gardaí co-operate seamlessly with their counterparts in Northern Ireland in actively bearing down on these groups. Operational policing co-operation is the responsibility of the Garda Commissioner and the Chief Constable of the PSNI and both have repeatedly emphasised that the close, high quality co-operation between their forces has been instrumental in preventing attacks, combating criminality and saving lives.
There is also a close and ongoing working relationship between our officials. By working together on matters of mutual concern and interest we can improve community safety for all the people on this island. We will continue, in co-operation with the authorities in Northern Ireland and Great Britain, to spare no effort to ensure that those criminal terrorists who seek to subvert the democratic will of the people will face the full rigours of the law.
65. Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if there are any retired public sector workers from his Department, or any other part of the public sector, currently on his Department's payroll, for example, for sitting on a committee or preparing a report, but not exclusively these two areas; the number on the payroll; the cost to his Department; the services being delivered for the money; and the way that the positions were originally advertised. [6266/13]
View answerDetails are set out in the following table of the retired officials of my Department who are currently contracted to the Department:
|
GRADE |
POSITION HELD |
DURATION |
COST 2012 / 2013 |
|
Assistant Secretary |
Passport Appeals Officer |
Three-year contract from 20 January 2012 to deal with appeals as and when they arise |
Dependent on the number of appeals processed (no costs incurred in 2012) |
|
Counsellor |
To assist in preparations for the Irish Presidency of the European Union in January-June 2013 |
Contract from 1 May 2012 to 30 June 2013 |
€8,866 in 2012 |
|
Temporary Clerical Officer |
Presidency position |
Contract from 7 January to 12 July 2013 |
€13,136 |
|
Temporary Clerical Officer |
Presidency position |
Contract from 17 September 2012 to 7 February 2013 |
€12,220 |
The temporary Clerical Officers were recruited through an open competition organised by the Public Appointments Service (PAS).
My Department’s Development Cooperation Division also occasionally engages a small number of retired staff for short duration specialist consultancy projects connected with the activities of Irish Aid.
The policy of my Department regarding the re-engagement of retired officials is to do so to the minimum extent possible. However, for certain once-off or short-duration projects, it is more productive and cost-effective to re-engage retired staff who already have the relevant expertise and experience than to go through a time-consuming and relatively expensive recruitment, induction and training process. Where it occurs, retired staff are usually re-engaged on a pension abatement basis, which means in effect that they continue to receive their pensions and are paid correspondingly reduced salaries by the Department.
The records currently available to my Department do not enable me to respond in full as regards retired public sector workers currently employed. However, under the provisions of the Public Service Pensions (Single Schemes & Other Provisions) Act 2012, new employees are required to declare if they are in receipt of, or entitled to, a pension from previous service in the public sector.
66. Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to an organisation (details supplied); and his views on whether its work merits support from Irish Aid. [6286/13]
View answerI, and Irish Aid officials in the Department of Foreign Affairs and Trade, have been in communication with the oganisation referred by the Deputy on a number of occasions over the past six months.
In my correspondence with the organisation, I have acknowledged the importance of strengthening access to ICT infrastructure in the immediate aftermath of natural disasters. The organisation initially sought support to attend a disaster response learning exercise in California. In the latest correspondence, the organisation sought funding to attend a round table discussion on innovation in disaster response organised by the US Federal Emergency Management Agency in the White House today. The Department of Foreign Affairs and Trade was not in a position to allocate such financial assistance.
I have outlined for the organisation some of Irish Aid’s existing engagement in this area of work. In particular, I noted that Irish Aid’s Rapid Response Initiative already works closely with the United Nations agencies through the Standby-Partnership Programme and Emergency Telecommunications Cluster to support the UN in providing information management and communications systems in disaster settings. Under the Rapid Response Initiative, since 2007, ICT specialists have been deployed to a number of humanitarian crises, including those in Haiti, the Philippines, Sudan, Cameroon, Kenya and Mali.
Last week, at my request, officials from Irish Aid met with the founder of the organisation to discuss its work and the humanitarian approach of Irish Aid. The meeting allowed officials to provide advice and contacts for the organisation which I believe will prove very useful.
67. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on his recent bilateral meetings with the Prime Ministers of France, Finland and Belgium at the recent EU-Latin America Meeting; and if he will make a statement on the matter. [6316/13]
View answerIn the course of my recent visit to the EU Latin America Summit I had a number of bilateral meetings, two of which were with the Prime Ministers of France and Finland. Although a bilateral meeting had been scheduled, the Prime Minister of Belgium was detained in Brussels by urgent business. The focus of my discussions with Prime Ministers Ayrault and Katainen was primarily on the priority issues currently being addressed during the Irish Presidency of the European Union. The meetings offered the opportunity for me to update both Prime Ministers on Ireland’s domestic situation, in particular in relation to the EU-IMF Programme and bank debt.
In the context of issues which are to the fore of our efforts as Presidency, we concentrated in both meetings on progress on Banking Union, and in particular in that context on advancing agreement with the European Parliament on the Single Supervisory Mechanism. It was agreed in each discussion that this was a very important first step in meeting the mandate of the European Council on Banking Union. We also had an opportunity to have an exchange of views on the next steps including on Bank Resolution and Deposit Guarantees. This discussion was in the context of bringing stability to the Eurozone through early delivery of the political commitments made by Heads of State and Government.
On the MFF, the importance of the work underway amongst Member States and in discussions with the institutions was also a focal point in these bilateral exchanges. Both Prime Ministers Ayrault and Katainen agreed that it would be extremely important to find a basis on which the European Council could agree at its forthcoming meeting and I briefed them on the informal consultations already underway with the European Parliament.
On the matter of jobs and growth, we discussed the potential for progress on a series of single market measures, including the digital single market, public procurement and professional qualifications. The issue of youth unemployment was emphasised as a key priority for the EU as a whole and in that context it was agreed that special effort should be made to reach agreement on the Youth Guarantee. The important contribution which trade agreements with key strategic partners can make to the growth agenda received our full attention and in both meetings the prospects for agreement on a mandate on EU-US Trade, and completion of the EU-Canada agreement were discussed.
Finally, I was happy to inform the Prime Ministers of Ireland’s ongoing achievements in fulfilling the terms of 8 Troika Reviews of our EU-IMF Programme, which incorporate more than 190 actions, fully signed up to and fully delivered. Both Prime Ministers were generous in their praise of Ireland’s delivery on its Programme and welcomed the update in terms of the positive news in terms of our exports and growth prospects. However, I underlined a major concern which remains in terms of the unacceptably high level of unemployment in Ireland, particularly amongst young people. Both Prime Ministers expressed political support for Ireland’s ongoing negotiation with the ECB in an effort to resolve the issue of the Promissory Notes. While the negotiations with the ECB remain confidential, I assured the Prime Ministers that the Government was approaching the negotiations in a solution-oriented manner, but that time was not on our side and that we urgently need to resolve the issue in advance of 31 March when the next payment becomes due.
68. Deputy Simon Harris asked the Tánaiste and Minister for Foreign Affairs and Trade the amount of money held on deposit or in short-term bank investments by each Government or State agency or body under his Department's remit; the rate of interest at which the deposits are held; and if he will make a statement on the matter. [6336/13]
View answerThere are four bodies operating under the aegis of my Department. These are: the Ireland - United States Commission for Educational Exchange (the Fulbright Commission); the Development Education Advisory Committee, the Irish Aid Expert Advisory Group, and the Emigrant Services Advisory Committee. None of these bodies has money on deposit or in short term bank investments.
69. Deputy James Bannon asked the Minister for Finance if he will state, regarding each quarterly list of tax settlements published pursuant to the provisions of section 1086 of the Taxes Consolidation Act 1997, in each of the four years ended 31 December 2012, the total amount comprised in each list in respect of tax; the total amount in each list in respect of interest; the total amount in each list in respect of penalties; if he will state in respect of the annual total of the published quarterly figures for tax, interest and penalties for each of the four years ending 31 December 2012; the amount the annual total sum of tax, interest and penalties in question was actually paid at the end of each year and the amount still outstanding at the end of each of the four years in question; if he will further state the amount of each annual total paid by post-dated cheque or other instalment arrangement and the amount, if any, of default arising in respect of the published figures for each year, as at 31 December 2012; if post-dated payment arrangements entered into between Revenue and the published defaulters are included in the published figures; and if he will make a statement on the matter. [6109/13]
View answerI am advised by the Revenue Commissioners that data are not maintained in a manner to enable all the details sought by the Deputy to be supplied. However, they have supplied me with the following information for the information of the Deputy. Tax Settlements made in accordance with Section 1086 of the Taxes Consolidation Act (TCA), 1997 are published in Iris Oifigiúil on a quarterly basis. That section provides for the publication of cases where a qualifying disclosure is not made, where the total settlement consists of tax, interest and penalties and is over €33,000 and where the penalty element exceeds 15% of the tax. Publication takes place in the quarter following the quarter in which the settlement is finalised. Until the passing of the Finance Act 2011 on 6 February 2011, settlements reached with Revenue could not be published unless the settlement was either paid in full or was the subject of an agreed phased payment arrangement. That Act brought in changes to the publication rules and extended the publication requirement to tax defaulters who either failed to agree a settlement or who failed to pay all or part of a settlement. The change was designed to ensure that the public is aware of the identity of all relevant Tax Defaulters whether on not they have agreed a settlement with the Commissioners or made the relevant payments.
Accordingly the Commissioners now publish Tax Settlement details where payment in full has not been made and this new requirement first applied to the List of Tax Defaulters published in respect of Quarter 2 of 2011. In a further change, interest and penalty amounts included in Tax Settlements which up to and including Quarter 3 of 2011 were published as a composite figure in the Lists of Tax Defaulters, are now, since Quarter 4 of 2011, shown separately.
The Table below sets out quarterly details of Tax Settlements published in accordance with Section 1086 TAC 1997 for the years 2009-2012 inclusive. Details of publishable cases settled in Quarter 4 of 2012 will be included in the next defaulters list which is due to be published in March 2013.
|
2009 |
No. of Cases |
Tax |
Interest & Penalties |
Total |
|
|
Quarter 1 |
105 |
€15,285,637 |
€17,315,583 |
€32,601,220 |
|
|
Quarter 2 |
87 |
€7,848,528 |
€9,709,283 |
€17,557,811 |
|
|
Quarter 3 |
76 |
€8,106,761 |
€9,550,390 |
€17,657,151 |
|
|
Quarter 4 |
88 |
€11,510,309 |
€17,442,427 |
€28,952,736 |
|
|
Total |
356 |
€42,751,235 |
€54,017,603 |
€96,768,838 |
|
|
2010 |
No. of Cases |
Tax |
Interest & Penalties |
Total |
|
|
Quarter 1 |
88 |
€7,733,199 |
€8,695,830 |
€16,429,029 |
|
|
Quarter 2 |
83 |
€8,581,891 |
€8,589,044 |
€17,170,935 |
|
|
Quarter 3 |
72 |
€6,283,075 |
€6,980,450 |
€13,263,525 |
|
|
Quarter 4 |
62 |
€9,070,419 |
€11,785,513 |
€20,855,932 |
|
|
Total |
305 |
€31,668,584 |
€36,050,837 |
€67,719,421 |
|
|
2011 |
No. of Cases |
Tax |
Interest & Penalties |
Total |
|
|
Quarter 1 |
78 |
€6,972,700 |
€8,585,120 |
€15,557,820 |
|
|
Quarter 2 |
114 |
€13,519,296 |
€12,732,398 |
€26,251,694 |
|
|
Quarter 3 |
84 |
€9,290,456 |
€9,654,552 |
€18,945,008 |
|
|
Tax |
Interest |
Penalties |
Total |
||
|
Quarter 4 |
90 |
€7,532,809 |
€3,642,052 |
€3,790,073 |
14,964,934 |
|
Total |
366 |
€75,719,456 |
|||
|
2012 |
No. of Cases |
Tax |
Interest |
Penalties |
Total |
|
Quarter 1 |
129 |
€15,383,510 |
€7,320,923 |
€6,893,250 |
€29,597,683 |
|
Quarter 2 |
106 |
€9,284,194 |
€5,618,572 |
€4,896,928 |
€19,799,694 |
|
Quarter 3 |
113 |
€10,534,248 |
€5,261,727 |
€5,556,466 |
€21,352,441 |
|
Total |
348 |
€35,201,952 |
€18,201,222 |
€17,346,644 |
€70,749,818 |
Regarding the amount of tax actually paid at the end of each of the four years, 2009 to 2012 in respect of these specific cases, I am advised that the information is not available without carrying out an extensive review of Revenue files. However, the Revenue Commissioners advise in relation to the years 2009 and 2010, since by law they were in a position to publish only amounts for those years where full payment was secured or an instalment arrangement was in place, they are satisfied that the vast bulk of the tax, interest and penalties that formed part of the published Tax Settlement was paid. The Commissioners further advise that due to the Finance Act 2011 changes, they are in a position to provide the Deputy with some details of amounts unpaid from Quarter 2 of 2011 to Quarter 3 of 2012 as follows:
For 2011 – For Quarters 2,3 and 4, the total amount publishable was €60.16m. Of this, the total amount paid or subject to agreed phased payment arrangements was €47.60m. A further €6.38m was referred for Collection Enforcement Proceedings. The balance of €6.18m was uncollected on the grounds of the taxpayer’s inability to pay.
For 2012 – For Quarters 1,2 and 3, the total amount publishable was €70.75m. Of this, the total amount paid or subject to agreed phased payment arrangements was €43.79m. A further €12.46m was referred for Collection Enforcement Proceedings. The balance of €14.50m was uncollected on the grounds of the taxpayer’s inability to pay. To put these figures in context, the Commissioners advise me that the total yield from Revenue’s Audit programme in the same period was €275.45m. of which €32.59m was referred for Collection Enforcement and €15.26m was uncollected on the grounds of the taxpayers inability to pay.
Before the Commissioners accept that there is a substantive inability to pay a tax settlement, the taxpayer is subject to rigorous procedures, including the submission and examination of a formal Statement of Affairs. I am further advised that in considering enforcement options or write off of liabilities, the Commissioners have a clear focus on ensuring that that the tax and associated liabilities arising from an audit will be enforced as vigorously as properly declared liabilities which remain unpaid.
Finally, I am satisfied that the publication procedures contained in Section 1086 represent a significant power for the Revenue Commissioners, but a balanced one which is important in the Commissioners' efforts to optimise the level of tax compliance in the State. In addition, the change introduced in the 2011 Finance Act now ensures that the public is aware of the identity of all significant Tax Defaulters audited by Revenue whether they have paid an agreed settlement with the Commissioners or not.
70. Deputy Michael McGrath asked the Minister for Finance further to Parliamentary question No. 77 of 30 January 2013, if a borrower who held a loan with an institution that was a party to the mortgage arrears resolution process may potentially have a lower level of protection in the event of finding themselves in mortgage difficulties should their loan be sold to an institution that is not subject to the MARP process; and if he will make a statement on the matter. [6165/13]
View answerFirstly, I must confirm to the Deputy that I have no statutory role in relation to the sale of mortgage books by regulated financial institutions. This is a commercial matter for each institution concerned. The Central Bank’s Code of Conduct on Mortgage Arrears applies to mortgage lending activities with borrowers in respect of their principal private residence in the State. Compliance with the Code is mandatory on all mortgage lenders regulated by the Central Bank. The Central Bank has the power to administer sanctions for a contravention of the Code under Part 111C of the Central Bank Act 1942. The Code provides a number of protections to borrowers. These include the establishment of a formal Mortgage Arrears Resolution Process (MARP) to deal with mortgage customers who are in arrears or in pre-arrears, the establishment of a dedicated Appeals Support Unit and a separate internal appeals process by lenders to deal with individuals on a case by case basis. A copy of the Code is available on the Central Bank’s website www.centralbank.ie .
As I stated in the House in answer to Question Number 77 on 20 December 2012, the Code of Conduct on Mortgage Arrears applies to the mortgage lending activities of all regulated financial institutions (except credit unions), operating in the State, including:
- a financial services institution authorised, registered or licensed by the Central Bank of Ireland and
- a financial services institution authorised, registered or licensed in another EU or EEA Member State and which has provided, or is providing, mortgage lending activities in the State.
Where a regulated financial institution sells part, or all, of its mortgage book to another regulated financial institution, the same protections apply to borrowers, namely, the Code of Conduct on Mortgage Arrears and the Consumer Protection Code. Where a regulated financial institution outsources part, or all, of its mortgage book, the same protections apply to borrowers, and the institutions have responsibility for ensuring that these protections are applied by the outsourced company.
However, if the loan book is sold to a financial institution that is not regulated by the Central Bank, then the provisions of Code of Conduct on Mortgage Arrears do not apply.
The Deputy may wish to note that Central Bank is due to commence a review of the Code of Conduct on Mortgage Arrears shortly and a Consultation Paper will be published on the Central Bank’s website.
71. Deputy Patrick Nulty asked the Minister for Finance the amount that will be raised for the Exchequer in a calendar year if the maximum pension fund was reduced from € 2.3 million to €1 million; and if he will make a statement on the matter. [6250/13]
View answerThe Standard Fund Threshold (SFT) is the maximum allowable pension fund on retirement for tax purposes which was introduced in Budget and Finance Act 2006 to prevent over-funding of pensions through tax-relieved arrangements. The SFT was reduced in Budget and Finance Act 2011 by over 50% to a level of €2.3 million with effect from 7 December 2010 with transitional arrangements to protect the capital values of the pension rights of individuals where these exceeded the reduced SFT on that date. There is currently no underlying data available to my Department or to the Revenue Commissioners on which to base reliable estimates of the savings from a further significant reduction in the SFT to the level indicated in the question. Information on the numbers and values of individual pension funds or on individual accrued benefits are not generally required to be supplied to the Revenue Commissioners by the administrators of pension schemes and personal pension arrangements. The estimated savings indicated at the time in respect the Budget and Finance Act 2011 change in the SFT were quite conservative, based as they were, on incomplete data and using very broad assumptions. Indeed, those underlying data and assumptions may not be directly applicable to determining the effect of a further significant reduction.
The Deputy will be aware of the announcement which I made in my Budget 2013 speech that changes to the SFT regime and other possible changes to give effect to the commitment in the Programme for Government to cap taxpayers’ subsidies for pension schemes which deliver pension income of more than €60,000 will be put in place in 2014.
On page A.10 of the Budget 2013 booklet which accompanied my Budget speech, I indicated that the full year yield from these changes is estimated at €250 million. The Budget 2013 booklet made clear, however, that the estimated full year savings are provisional at this time as further detailed analysis of the necessary changes and their impact will be required.
In this regard, my Department has been engaging with representatives of the pensions sector over some time with a view, among other things, to gathering private pensions-related data which may be of value into the future in estimating the costs of potential changes in the pensions’ tax area. Those engagements will continue in the context of the further detailed analysis of the changes announced in the Budget.
72. Deputy Eoghan Murphy asked the Minister for Finance if there are any retired public sector workers from his Department, or any other part of the public sector, currently on his Department's payroll, for example, for sitting on a committee or preparing a report, but not exclusively these two areas; the number on the payroll; the cost to his Department; the services being delivered for this money; and the way that the positions were originally advertised. [6265/13]
View answerInformation regarding the number of retired public servants who have been re-hired is detailed in the Appropriation Accounts. The Appropriation Accounts are available online at www.audgen.gov.ie. One former staff member is providing contractual services to this Department and is paid at a per diem rate. I am advised by the Revenue Commissioners that having examined their Personnel records, Declarations received following the implementation of the Public Service Pension Related Deduction, and Declarations under Section 51 (Duty to make declarations, etc.) of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, that they have one such case, a retired member of the Defence Force is currently employed by Revenue, he is in receipt of a Defence Forces Pension, they have no record of any other such case.
73. Deputy Eoghan Murphy asked the Minister for Finance further to Parliamentary Question No. 86 of 16 January 2013, if he intends to make property tax paid in respect of a rented property deductible for income or corporate tax purposes; if this provision will be introduced on a phased basis; and the way that such phasing will work. [6277/13]
View answerThe Thornhill Group, the interdepartmental group chaired by Dr Don Thornhill to consider the design of a property tax, recommended that “at least a portion” of the Local Property Tax paid in respect of a rented property should be deductible for income tax or corporation tax purposes, in a similar manner to commercial rates. This is not provided for in the Finance (Local Property Tax) Act 2012 but it is the intention of the Government to introduce deductibility of LPT on a phased basis. The manner or timeframe in which this will happen has not been decided. Such change would be provided for by way of primary legislation.
