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Wednesday, 27 Mar 2013

Written Answers Nos. 91-101

Northern Ireland Issues

Questions (92, 94)

Micheál Martin

Question:

92. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the progress he and his officials are making with the proposed Bill of Rights for Northern Ireland as provided for in the Good Friday Agreement; and if he will make a statement on the matter. [9703/13]

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Gerry Adams

Question:

94. Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the contacts he has had with the Northern Secretary of State Ms Theresa Villiers in relation to the implementation of outstanding aspects of the Good Friday Agreement. [9926/13]

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Written answers

I propose to take Questions Nos. 92 and 94 together.

The Government remains firmly committed to ensuring the full and effective implementation of the Good Friday and St. Andrew’s Agreements.

In contacts with the British government, we continue to stress the importance of implementation of all aspects of the Agreement, including of a Bill of Rights for Northern Ireland which takes account of the separate and specific context of Northern Ireland. We continue to urge all the parties in the Assembly to engage in constructive discussion with a view to reaching agreement on the substance of a Bill of Rights.

A Bill of Rights drawn up by agreement between the main parties of the Assembly could set out precisely and formally the rights upon which a shared future for the people of Northern Ireland can be based.

All parties to the Good Friday Agreement recognised the importance of respect, understanding and tolerance in relation to linguistic diversity, including in Northern Ireland, the Irish language and the languages of the various ethnic communities, as part of the cultural wealth of the island of Ireland.

In the St. Andrews Agreement, the British government committed to introducing an Irish Language Act reflecting on the experience of Wales and Ireland and to working with the Executive to enhance and protect the development of the Irish Language.

It also called on the incoming Northern Ireland Executive to work to enhance and protect the development of the Irish language. The British legislation giving effect to the St. Andrews Agreement included a specific requirement on the Executive to adopt a strategy setting out how it proposed to enhance and protect the development of the Irish language.

Since the restoration of the devolved Institutions on 8 May 2007, the question of an Irish Language Act for Northern Ireland is a devolved matter and is the responsibility of the Northern Ireland Executive. In that regard, my colleagues the Minister for Arts, Heritage & the Gaeltacht, Mr. Jimmy Deenihan T.D. and Minister of State Dinny McGinley T.D. have had ongoing discussions on the matter with their counterpart, the Northern Ireland Minister for Culture, Arts and Leisure, Ms Carál Ní Chuilín MLA. On 11 July 2012, Minister Ní Chuilín launched a consultation process which concluded on 27 November on strategies for the Irish language and Ulster Scots. Inputs from the consultation process are now being considered.

Last November I visited An Chultúrlann in Belfast which is a very impressive Irish language and cultural centre. I had the opportunity to meet with some of the city’s leading Irish language activists and to hear their concerns regarding the promotion of the Irish language including their views on an Irish language act for Northern Ireland. Officials in my Department maintain regular and ongoing contact with the Irish language community in Northern Ireland, most recently when they attended the official opening of Gaeláras Mhic Ardghail in Newry on Monday 18 February.

The Government continues to follow developments closely in relation to the proposed Act, as well as the overall enhancement and protection of the Irish Language in Northern Ireland.

The Good Friday Agreement also provided for the establishment of a Consultative Civic Forum as a consultative mechanism in Northern Ireland on social, economic and cultural issues.

The St. Andrews Agreement provided that the Northern Ireland Executive would support the establishment of an independent North/South Consultative Forum appointed by the two administrations and representative of civil society. In September 2008 the Irish Government submitted proposals for the role, format, membership and operation of a North South Consultative Forum to the Executive for its consideration, and facilitated three consultative conferences, the most recent of which was in January 2011. The review of the Civic Forum by the Northern Ireland Executive has not yet been completed. At its meeting on 2 November 2012, the North-South Ministerial Council noted the current position on a North South Consultative Forum and agreed to review the issue at a future NSMC Plenary.

I hope that we can take this opportunity of the 15th Anniversary of the Good Friday Agreement to recall the vision of a shared society which inspired that Agreement and re-dedicate ourselves to the achievement of that goal. While there are undoubtedly challenges ahead, we should not lose sight of the progress that continues to be made, including, most recently though the establishment of the North South Inter Parliamentary Association.

Question No. 93 answered with Question No. 89.

Question No. 94 answered with Question No. 92.

Northern Ireland Issues

Questions (95)

Joe Higgins

Question:

95. Deputy Joe Higgins asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on recent political contacts with political leaders in Northern Ireland. [12519/13]

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Written answers

During the St. Patrick’s Day period in Washington D.C., I met with the First Minister and Deputy First Minister and with the SDLP leader, Alasdair McDonnell. I also met with the Secretary of State for Northern Ireland whom I had previously met in Dublin on 11 February, 2013 and again in London on 1 March 2013.

At all these meetings, I discussed the political and security situation in Northern Ireland and how the two governments will continue to work closely together in the period ahead and encourage and support the First and deputy First Minister as they address the political, economic and social challenges facing Northern Ireland.

The Secretary of State and I agreed that we would seek to organise a joint meeting with the First Minister and deputy First Minister at an early date as well as a meeting with the leaders of the other Parties. Our two governments as co-guarantors of the Good Friday Agreement are committed to assisting political leaders in Northern Ireland promote a genuinely shared society.

The Taoiseach and I also met recently in Dublin with delegations from the SDLP. Our discussions were honest, positive and constructive and we covered a range of issues across the political spectrum including the forthcoming parades season in Northern Ireland.

I am also in regular contact, as are my officials, with other political leaders and representatives from Northern Ireland.

Official Engagements

Questions (96)

Joe Higgins

Question:

96. Deputy Joe Higgins asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met the new United States Secretary of State, John Kerry. [12510/13]

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Written answers

I first met with the new US Secretary of State John Kerry at a working dinner hosted by the Italian Foreign Minister for EU colleagues in Rome on 27 February last during the Secretary of State’s visit to Europe and the Middle East. I subsequently met and had informal discussions with the Secretary of State in Shannon Airport on 6 March when he was en route home from that visit.

Our most recent bilateral meeting took place in Washington DC on 18 March at the US State Department during my visit to the US for St. Patrick’s Day when we discussed a range of subjects including Northern Ireland, the Irish economy, international issues including the Middle East peace process, and the prospects for comprehensive immigration reform in the US.

Mortgage Resolution Processes

Questions (97)

Michael McGrath

Question:

97. Deputy Michael McGrath asked the Minister for Finance the reason certain banks operating in Ireland are covered by the recent announcement dealing with the restructuring of mortgages; if he intends to address this matter to ensure that the same opportunities are afforded to mortgage holders of banks not covered by the initiative; and if he will make a statement on the matter. [15382/13]

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Written answers

The Deputy will be aware that on 13 March 2013 the Central Bank announced new measures to address mortgage arrears, including the publication of performance targets for the main mortgage banks. The targets are set in relation to both Principal Dwelling Homes and Buy to Let mortgages. The new approach is aimed at ensuring that banks offer and conclude sustainable solutions for their customers in arrears by setting specific performance targets and proposing revisions to provisioning standards.

Performance targets have been set for: ACC, AIB, Bank of Ireland, KBC Bank Ireland, Permanent TSB and Ulster Bank.

The Central Bank has advised that these institutions cover the vast majority of the mortgage book in Ireland, accounting for around 90% of mortgages held, and that it will examine whether it should extend the targets to other mortgage lenders in due course.

Property Taxation Application

Questions (98)

Catherine Murphy

Question:

98. Deputy Catherine Murphy asked the Minister for Finance if he will explain his decision in making a local authority shared ownership homeowner liable for the full cost of the property tax when they are paying a rental price on 50% of the home to local authorities and repaying a mortgage only on the other 50% to purchase that equity share in their home; and if he will make a statement on the matter. [15384/13]

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Written answers

The Finance (Local Property Tax) Act 2012 (as amended) sets out how the tax is to be administered and provides that a liability for Local Property Tax (LPT) will arise where a person owns a residential property on the liability date which will be 1 May 2013 for the year 2013 and for subsequent years 1 November in the preceding year.

Section 7 of the 2012 Act provides that local authorities will be liable to pay the LPT on their properties in the same way as any other residential property owner, unless the properties in question are used to accommodate people with special housing needs such as the elderly or people with disabilities. I am advised by the Revenue Commissioners that residential properties purchased under the various local authority shared ownership schemes will also be subject to LPT and that the liable person in these instances will be the purchaser.

This is on the basis that under these schemes, the purchaser acquires a leasehold interest in the property for a period that exceeds 20 years. Such a purchaser is in the same position as a property owner who purchases a residential property with a mortgage from a financial institution. Accordingly, there is no reason why such an individual should not be liable for payment of the LPT on the property.

As in the case of any other liable person, the LPT is based on the “chargeable value” of the property, which is the price which the unencumbered fee simple of the property might reasonably be expected to fetch on a sale in the open market were that property to be sold on the valuation date in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the property.

Property Taxation Collection

Questions (99)

Kevin Humphreys

Question:

99. Deputy Kevin Humphreys asked the Minister for Finance the projected amount of property tax that will be collected in the Dublin City Council administrative area; and if he will make a statement on the matter. [15386/13]

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Written answers

According to Budget estimates the Local Property Tax is expected to generate an overall yield of €250 million in 2013 and €500 million in 2014. I am advised by the Revenue Commissioners that it is not possible to provide a breakdown of these estimates on a regional or administrative basis until Local Property Tax returns are filed and payments made by liable persons.

Carbon Tax Implementation

Questions (100)

Gerry Adams

Question:

100. Deputy Gerry Adams asked the Minister for Finance if carbon taxes will be applied to firelighters and other ignition products; if he, his Department or Revenue have held discussions with the Solid Fuel Trade Group on this matter; if carbon taxes were intended to be applied to firelighters, fire logs and ignition products, if he accepts this could put Irish made products at a competitive disadvantage; and if he will make a statement on the matter. [15443/13]

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Written answers

Solid fuel carbon tax will be charged on all solid fuels supplied in the State, regardless of whether the fuel products are Irish made or imported.

Solid fuel is defined under section 77 of the Finance Act 2010, as amended and means coal or peat. Coal is further defined to include coal and lignite, solid fuel manufactured from coal and lignite, and any other energy product within the meaning of Article 2.1 of Council Directive 2003/96/EC of 27 October 2003 in solid form. Peat means peat falling within CN Code 2703 of the Combined Nomenclature of the European Communities referred to in Article 1 of Council Regulation (EEC) No. 2658/87 of 23 July 1987, as amended by Commission Regulation (EC) No. 2031/2001 of 6 August 2001 and includes any solid fuel manufactured from peat.

As firelighters do not fall within the definition of coal or peat, they are not liable to solid fuel carbon tax. However, fire logs or other ignition products that contain ingredients that fall within the definitions of coal or peat will be liable to the tax.

The Revenue Commissioners, who are charged with administering the solid fuel carbon tax, have confirmed that they have met with the Solid Fuel Trade Group on the implementation of the tax as have officials from my Department.

Tax Code

Questions (101)

Michael McGrath

Question:

101. Deputy Michael McGrath asked the Minister for Finance his views on the criteria used by Revenue to determine if a person engaged in work for one organisation is an employee of that organisation or qualifies legitimately to be a contractor. [15444/13]

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Written answers

As the Deputy may be aware, there is no single test that can be used to determine the status (employed or self-employed) of individuals. Simply because an individual is described as a “contractor” does not necessarily mean that such individual is a self-employed contractor.

Depending on the facts and circumstances of a case, an individual may be a full-time employee, a part-time employee, a temporary employee, a casual employee or, indeed, may be self-employed.

The question of whether an individual is engaged under either a contract of service (i.e. an employee) or a contract for services (i.e. self-employed) is a question of fact and of general law. Regardless of how the parties to an engagement may describe themselves, all the possible factors (including written, oral and implied details) that bear on the relationship between the parties must be examined, given their proper weight and a decision made on their overall effect. To try to provide some clarity as to whether an individual is employed or self-employed, the Employment Status Group (set up under the Programme for Prosperity and Fairness) published a Code of Practice for determining Employment or Self-employment status of Individuals (updated in June 2010).

My officials inform me that this Code of Practice is not solely a Revenue document but was compiled in conjunction with the Department of Enterprise, Trade and Innovation, the National Employment Rights Authority, the Department of Social Protection, the Small Firms Association, the Construction Industry Federation, the Irish Congress of Trade Unions, the Irish Business and Employers Confederation and my Department. Of course, at the end of the day, the Code of Practice is for guidance only and the status (employed or self-employed) of an individual in relation to an engagement may, in some instances, have to be determined by the Courts.

The purpose of the Code of Practiceis to eliminate misconceptions and provide clarity ”. I am of the view that it is of great assistance in the determination processes employed by the State.

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