Written Answers Nos. 70-77
70. Deputy Sean Fleming asked the Minister for Finance the number of external consultants currently engaged by his Department providing advice in respect of the proposed sale of State assets; and if he will make a statement on the matter. [10404/13]
View answer71. Deputy Willie O'Dea asked the Minister for Finance the amount of expenditure incurred in 2012 in respect of advice and preparatory work connected with the sale of State assets; and if he will make a statement on the matter. [10406/13]
View answerI propose to take Questions Nos. 70 and 71 together.
Where requested by Government, NewERA (a business unit in the NTMA) is carrying out advisory and oversight roles in relation to the possible restructuring or disposal of commercial State company assets. NewERA’s role in these disposal processes is to assist and advise the relevant Government Departments in representing the Government’s financial interests in the context of asset disposals and to ensure that Government-agreed timelines and financial objectives are clearly communicated to the relevant parties. It is also the responsibility of NewERA to ensure that the Government Steering Group overseeing the transactions is kept fully informed of progress and developments with the goal of ensuring that the financial objectives of the process are achieved. In order to assist NewERA in its role the NTMA (acting through its NewERA unit) have currently engaged three external consultants who are providing advice in respect of various technical aspects of the proposed disposals of State assets. The NTMA (acting through its NewERA unit) incurred €43,050 in respect of external advice procured in 2012.
In relation to the sale of Irish Life, Goldman Sachs were appointed as advisors in 2011. Fees payable to Goldman Sachs for services provided (from appointment in 2011 – 2013) are being finalised. Legal advice in respect of the purchase and sale of Irish Life was provided by Matheson. An interim payment of €108,613.97 (not including VAT) was paid in January 2013. Once again fees payable to Matheson in respect of legal services are still being finalised.
72. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade the change in criteria regarding the issuing and holding of diplomatic passports; the number and names of former officer-holders and others for whom holding such passports are no longer allowed; the circumstances in which passports were issued until the change in criteria; and if he will make a statement on the matter. [10746/13]
View answerIn general terms diplomatic passports are issued to Irish diplomats serving overseas, members of the Oireachtas and the Judiciary who have reason to travel outside the State on official business. Official passports are issued to other public servants and members of the Defence Forces who are serving overseas or who have reason to travel outside the State on official business. In case of both diplomatic and official passports, applications are only approved for those officials who are Irish citizens and can demonstrate that they require a passport for travel to undertake official business on behalf of the State. Passports received may only be used for this official travel. The recent memo for information of the government did not change this policy but rather aimed to clarify for all potential applicants the exact circumstances in which a diplomatic passport or official passport can be obtained.
There are a small number of citizens who currently hold diplomatic passports in respect of previous official positions/roles held or in respect of roles which fall outside of the terms of the proposed new arrangements. For data protection reasons it would be inappropriate for me to name these individuals. However I can state that my Department is currently in the process of contacting these individuals to facilitate their return of these passports.
73. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 8 of 20 February 2013, in relation to outstanding ratification of international agreements, the Department that is leading on identifying the legislative or administrative measures necessary for the State to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; and if he will make a statement on the matter. [10757/13]
View answer74. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 8 of 20 February 2013, in relation to outstanding ratification of international agreements, his views on the legislative or administrative measures identified by his Department as necessary for the State to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; and if he will make a statement on the matter. [10758/13]
View answerI propose to take Questions Nos. 73 and 74 together.
The Department of Foreign Affairs and Trade is the lead Department on the signature and ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Government decided to proceed with Ireland’s signature of the Optional Protocol in February 2012 and this took place on 23 March 2012. Ratification of the Optional Protocol is a separate step, which will be preceded by a thorough screening of the obligations to be assumed. This will require extensive consultation with all Departments involved and consideration by the Government in due course. On 5 February 2013, Uruguay became the tenth country to ratify the Optional Protocol and, as a result, it will enter into force on 5 May 2013, three months after the deposit with the United Nations Secretary General of Uruguay’s instrument of ratification.
75. Deputy Kevin Humphreys asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a list of the members or former members of the Judiciary who, during the past five years, have acted as chairperson or member of any body in or under his Department, or as chairperson or member of any inquiry, or have performed functions including arbitration, mediation, conciliation, patronage, advisory or law reform functions or any other role in or in any body under his Department or in any body wholly or partly funded by him, specifying in each case the name of the judge; if he or she is serving or retired; the court of which he or she is or was a member; the role or function performed; and if he will make a statement on the matter. [10881/13]
View answerFor Ireland’s Chairmanship of the OSCE last year, I continued the tradition of appointing three Personal Representatives, responsible for combating intolerance and discrimination. Judge Catherine McGuinness, who is a former Supreme Court Justice and President of the Law Reform Commission, was appointed as my Personal Representative on Racism, Xenophobia and Discrimination, as well as intolerance and discrimination against Christians and members of other religions. The role involved a number of visits to OSCE participating States, during which she held meetings with Government representatives, religious leaders and representatives of civil society. The position held by Judge McGuinness was part-time and unpaid but the Department provided support, where needed, to assist in the fulfilment of her mandate.
76. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has received confirmation from the Department of Justice and Equality regarding entitlement to an Irish passport in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [10905/13]
View answerA passport application was received by the Passport Service for this applicant in April, 2011. It was not approved at that time as the child’s entitlement to Irish citizenship was not demonstrated. To do this, her mother is required under Section 6A of the Irish Nationality and Citizenship Act 1956, as amended, (the Act) to have three years lawful residence in the State within a four year period immediately preceding her daughter’s date of birth. The proofs accepted are determined by the Department of Justice and Equality, the Department with responsibility for citizenship matters. At the time of application, the submitted evidence demonstrating reckonable residence fell short of the statutory requirement. However, one element of the evidence provided was a letter from the Department of Justice and Equality, which was the subject of a Supreme Court hearing in a separate but similar case.
The Supreme Court has very recently ruled on this issue and has now decided that the period of reckonable residence should be regarded as commencing from the date of that letter. A preliminary examination of this application suggests that the applicant has an additional period of reckonable residence which would allow her to qualify for citizenship and receive a passport. As the Supreme Court decision has only recently been received, my Department is currently in contact with the Department of Justice and Equality to review and revise its practices in this area. In the interim my Department will be in contact with the applicant with a view to finalising the application and issuing a passport at the earliest opportunity.
77. Deputy Billy Timmins asked the Minister for Finance the position regarding double taxation, that is, household property tax and non principal private residence tax on rental properties (details supplied); and if he will make a statement on the matter. [10759/13]
View answerThe inter-Departmental Group chaired by Dr Don Thornhill on the design of a property tax (the “Thornhill Group”) recommended that the Non-Principal Private Residence charge (NPPR) should be absorbed into the Local Property Tax (LPT) as a separate (supplemental) tax, in addition to the LPT, at the existing level (currently €200) applying to non-principal private residences. The Government decided however that, while the NPPR will be collected in 2013, when a half-year LPT will also apply, it should be discontinued thereafter. Accordingly, it will not apply as a supplemental tax. There is no exemption from the LPT for those who are liable for the NPPR. As set out in the Local Government (Charges) Act 2009, as amended, liability to pay the NPPR is determined on the basis of ownership of the property in question on the "liability date" which is 31 March for 2013. The LPT does not come into effect until 1 July 2013. The Government decided to extend the NPPR into 2013 to ensure as smooth a transition as possible for local authorities, pending the introduction of the full LPT.
Residential properties rented by landlords will be subject to Local Property Tax from 1 July 2013, with the owners of the property – in those cases, the landlord – being the liable person for payment of the tax. The Thornhill Group, the inter-departmental group chaired by Dr Don Thornhill, established to consider the structures and modalities of a property tax, recommended that owners, and not occupiers, be the liable persons for the Local Property Tax. This was also the view of the 2009 Commission on Taxation. Given that some rental properties have high tenant turnover, which would present significant difficulties in determining liability and collecting taxes, as well as increasing the cost of collecting the tax, the Government accepted this recommendation. Occupier liability may also give rise to perceptions of unfairness if the occupier on the valuation date (i.e. the date at which occupation of the property is deemed by law to create the tax liability) is no longer the occupier on the date at which payment of the tax becomes due.
The Local Property Tax is not an allowable deduction from rental profit for tax purposes. This is the same treatment which applied to the Household Charge and the NPPR Charge. It is, however, proposed to phase in deductibility of the Local Property Tax.
