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Tuesday, 16 Apr 2013

Written Answers Nos. 280-301

Banking Sector

Questions (280)

Pearse Doherty

Question:

280. Deputy Pearse Doherty asked the Minister for Finance further to the publication of the 2012 annual report and accounts for Allied Irish Banks, if he will provide the details of the €1.2bn deleveraging of EBS buy-to-let mortgages in 2012 referred to on page 95 of the annual report; if the deleveraging was a sale, the name of the purchaser; the purchase price; the par value of the loans and the value of the loans after provisions; if AIB recorded a loss on the sale; and the sales process AIB engaged in to maximize the price achieved. [16592/13]

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Written answers

The Deputy will be aware that the asset transfer to AIB's pension scheme was directly linked to the bank's Early Retirement and Voluntary Severance Programme and was essential for the bank to be able to fund these plans. All relevant disclosures in relation to AIB's deleveraging process are made as part of AIB's 2012 Annual Accounts published on 27th March 2013.

Eurozone Crisis

Questions (281)

Pearse Doherty

Question:

281. Deputy Pearse Doherty asked the Minister for Finance further to the confirmation by Moody’s Investors Services of Ireland’s sovereign debt junk status with a negative outlook, which Moody’s sought to justify by stating the euro areas continued vulnerability to shocks emanating from the regional debt crisis, most recently the agreement by the European Union to the bail-in of bank deposits to raise part of the funds needed for Cyprus' financial rescue, if he continues to maintain that the design, to which he contributed, and implementation of the Cypriot bailout is good for Cyprus, the Eurozone and Ireland. [16593/13]

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Written answers

I welcome that an agreement has been reached in relation to a programme for Cyprus. The fact that an agreement has been reached is important, as this will remove uncertainty and generate stability, for Cyprus, for the euro area and for Ireland. The programme will address the exceptional challenges that Cyprus is facing, with a view to restoring the viability of the banking sector, the soundness of public finances and creating the conditions for sustainable growth and job creation.

The details of the programme have been agreed with the Troika. Some of the elements of the programme have been decided upon by the Cypriot authorities themselves. The overall strategy involves measures aimed at ensuring a stable, sustainable and transparent financial sector, a fiscal adjustment that balances short-run cyclical concerns and long-run sustainability objectives and a comprehensive programme of structural reforms.

Cyprus is a unique case because of the size of its banking sector (7 to 8 times GDP), combined with its structure, level of risk-taking and suboptimal supervision. Cyprus has also been particularly affected by debt developments in Greece. So the current measures are tailor-made to the very exceptional situation in Cyprus in order to restore the viability of a smaller banking sector while, at the same time, protecting all deposits below €100,000 in accordance with EU rules.

Ministerial Travel

Questions (282)

Sandra McLellan

Question:

282. Deputy Sandra McLellan asked the Minister for Finance the cost incurred by his Department, in respect of this year’s overseas travel programme for St Patrick’s Day; and if he will make a statement on the matter. [16607/13]

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Written answers

In response to the Deputy's question I as Minister for Finance did not participate in this year’s overseas travel programme for St. Patrick's day.

Revenue Commissioners Operations

Questions (283)

Martin Ferris

Question:

283. Deputy Martin Ferris asked the Minister for Finance in the plan to move the Revenue Commissioners payroll from Ennis to the Shared Services Centre in Killarney, if there are any proposals to redeploy staff from Tralee; and if he will make a statement on the matter. [16628/13]

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Written answers

The Department of Public Expenditure and Reform have advised my Department that the Revenue Commissioners, the Department of Justice and Equality and the Department of Public Expenditure and Reform are currently examining the feasibility of migrating the Revenue Commissioners' payroll function to the Department of Justice and Equality (Financial Shared Services Centre). They have also advised my Department that the feasibility study has not yet been completed and accordingly no decision has been taken on the matter.

Banking Sector Staff

Questions (284, 295)

Gerald Nash

Question:

284. Deputy Gerald Nash asked the Minister for Finance if his attention has been drawn to the fact that AIB is actively rehiring former staff who left the organisation under the terms of early retirement and severance schemes despite the fact that these schemes prevented former staff who left from returning to the bank for a period of years; and if he will make a statement on the matter. [16630/13]

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Gerry Adams

Question:

295. Deputy Gerry Adams asked the Minister for Finance if his attention has been drawn to the practice within AIB of rehiring bank executives who take early retirement or voluntary severance packages and transfering them to another section of the bank in another country within a three year period; his views on whether this practice is justified; and if he will make a statement on the matter. [16861/13]

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Written answers

I propose to take Questions Nos. 284 and 295 together.

AIB has informed me that as part of the Bank's exit process, all early retirement and voluntary severance offers include a clause which precludes the staff member from being re-hired by AIB or any of its subsidiaries, either directly or indirectly through a third party. In the case of early retirement the restriction is open ended. In the case of voluntary severance the restriction applies for a period of four years from the date of termination. Controls are in place within AIB to ensure that any such re-hires do not occur on the AIB payroll.

I understand that AIB has retained the services of a total of four individuals post retirement, immediately after their exit dates, solely for the purpose of concluding two projects of significant consequence from a regulatory and financial standpoint. These individuals were subject matter experts, who were engaged on the projects prior to retirement. Permission was sought from the Revenue Commissioners in advance of their appointment. This is in the context of c.1,700 staff leaving AIB in 2012 as part of the early retirement and voluntary severance programme.

Banking Sector

Questions (285)

Michael McGrath

Question:

285. Deputy Michael McGrath asked the Minister for Finance if Bank of Ireland is currently engaged in or is planning to outsource work currently being carried out by bank employees to another country; and if he will make a statement on the matter. [16720/13]

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Written answers

Bank of Ireland have supplied the following information in response to the Deputy's question:- "Bank of Ireland reviews on an on-going basis how best to deliver products and services to its customers in an efficient, cost effective and empathetic manner. As a matter of policy Bank of Ireland, as a commercial organisation, does not make public comments on its commercial deliberations unless or until these are considered to be issues which will have a material impact on the Group's operations, financial statements, customers and/or staff".

Property Taxation Administration

Questions (286)

Michael McGrath

Question:

286. Deputy Michael McGrath asked the Minister for Finance his plans to allow the local property tax to be offset against rental income in respect of an investment property; and if he will make a statement on the matter. [16721/13]

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Written answers

The Inter-departmental group, chaired by Dr Don Thornhill, to consider the design of a property tax (the "Thornhill Group") recommended that the Local Property Tax (LPT) paid in respect of a rented property should be deductible for income tax or corporation tax purposes, in a similar manner to commercial rates. The Group recognised the considerable pressures on the public finances and the need to bridge the gap between expenditure and revenue, and, for this reason, the Group suggested that consideration be given to phasing in deductibility over a period of years. The Group also considered that it is for Government, having regard to the prevailing budgetary situation, to decide on the time span for phasing-in deductibility and on what percentage of LPT to allow as a deduction from gross rents for tax purposes.

The Government accepted the recommendation of the Thornhill Group on this matter. While there is no provision in the current legislation on the taxation of rental income that deductions in respect of LPT paid are allowable, it is the intention of the Government to introduce such a provision on a phased basis.

Neither the manner in which this will happen or the timing has yet been decided.

Property Taxation Administration

Questions (287)

Michael Healy-Rae

Question:

287. Deputy Michael Healy-Rae asked the Minister for Finance his views on correspondence (details supplied) regarding property tax; and if he will make a statement on the matter. [16771/13]

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Written answers

The issues raised by the Deputy are primarily a matter for consideration by my colleague the Minister for the Environment, Community and Local Government. Section 10(1) of the Finance (Local Property Tax) Act (as amended) defines an "unfinished housing estate" as a development of two or more buildings that is specified in a list prescribed, under section 10(3) of the Act by the Minister for the Environment, Community and Local Government for the purposes of the Act. Section 10(4) of the Act prescribes a range of circumstances to which the Minister shall have regard for the purposes of that Section. The Minister has recently prescribed and published this list.

Fuel Laundering

Questions (288, 289, 290, 291, 292)

Michelle Mulherin

Question:

288. Deputy Michelle Mulherin asked the Minister for Finance the number of compromise fines that were paid to the Revenue Commissioners arising out of detections of the illegal use of marked mineral oil in advance of any prosecution proceedings issuing for each year from 2009 to date; and if he will make a statement on the matter. [16805/13]

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Michelle Mulherin

Question:

289. Deputy Michelle Mulherin asked the Minister for Finance the number of detections of the illegal use of marked mineral oil that were made each year from 2009 to date; and if he will make a statement on the matter. [16806/13]

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Michelle Mulherin

Question:

290. Deputy Michelle Mulherin asked the Minister for Finance the amount of compromise fines paid to the Revenue Commissioners arising out of detections of the illegal use of marked mineral oil per year from 2009 to date in 2013; and if he will make a statement on the matter. [16807/13]

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Michelle Mulherin

Question:

291. Deputy Michelle Mulherin asked the Minister for Finance the number of prosecutions that were pursued by the Revenue Commissioners for the illegal use of marked mineral oil; the number of convictions that were achieved arising therefrom and the amount of fines imposed for each county for each year from 2009 to date; and if he will make a statement on the matter. [16815/13]

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Michelle Mulherin

Question:

292. Deputy Michelle Mulherin asked the Minister for Finance the number of fines that were paid and the total amount collected arising out of convictions for the illegal use of marked mineral oil by the Revenue Commissioners for each year from 2009 to date; and if he will make a statement on the matter. [16816/13]

View answer

Written answers

I propose to take Questions Nos. 288 to 292, inclusive, together.

It is an offence, under section 102 (as amended) of the Finance Act 1999, to use marked mineral oil as a propellant for a motor vehicle, or to keep it in the fuel tank of a vehicle. A person guilty of this offence is liable on summary conviction to a fine of €5,000. A trial judge may, in his or her discretion, mitigate this fine, provided that the amount so mitigated is not greater than 50 per cent of the amount of the fine.

I am advised by the Revenue Commissioners that, where marked mineral oil is detected in the fuel tank of a motor vehicle, the action that they take depends on the specific circumstances of the particular case. In the case of a first detection of marked mineral oil in the fuel tank of a private vehicle, or in certain other cases, they may offer the person concerned an opportunity to resolve the matter by way of payment of a compromise penalty, in lieu of prosecution. In cases where marked mineral oil is found in the fuel tank of a commercial vehicle, the normal course would be to proceed by way of the institution of a prosecution under section 102 of the 1999 Act. In certain cases, the vehicle in which the marked mineral oil is detected is seized by the Revenue Commissioners.

Details of the numbers of detections of marked mineral oil made by the Revenue Commissioners in each of the years from 2009 to 2012, and to 9 April this year, are set out in the following table, along with the numbers of compromise penalty payments in lieu of prosecution received in each of those time periods and the total amounts paid in compromise penalties. The table indicates also the number of cases in which a prosecution was taken, the number of convictions during each period and the total amounts of fines imposed on conviction. Details are given also of the numbers of vehicles seized by the Revenue Commissioners.

Table

Illegal Use of Marked Mineral Oil

2009

2010

2011

2012

2013 (to 9.04)

Detections

859

1,239

1,160

1,168

336

Compromise penalties

437

645

606

624

117

Amount of compromise penalties

€516,645

€757,850

€656,410

€700,355

€147,555

Number of prosecutions

275

319

328

327

83

Number of convictions

183

232

225

211

38

Fines imposed on conviction

€427,450

€688,650

€643,450

€585,250

€110,250

Number of vehicles seized

112

172

162

120

35

The following table breaks down, by reference to the county in which the convicting Court was sitting, the numbers of convictions and the amounts of fines imposed.

Table

Breakdown by county of location of sentencing Court of convictions and fines

2009

2010

2011

2012

2013 (to 9.04)

Carlow

-

-

-

-

1/€2,500

Cork

24/€58,500

7/€20,500

4/€10,000

15/€41,000

5/€12,750

Donegal

1/€2,500

4/€12,500

14/€35,500

18/€49,500

4/€10,000

Dublin

51/€98,000

71/€218,300

48/€157,050

24/€65,500

2/€5,500

Galway

7/€17,500

10/€27,000

28/€70,000

20/€59,750

5/€15,000

Kildare

-

-

3/€7,500

3/€10,000

2/€12,500

Limerick

35/€80,500

49/€153,500

33/€90,900

39/€105,000

4/€10,500

Louth

13/€33,000

15/€43,000

15/€44,000

9/€23,000

2/€5,000

Mayo

2/€4,500

6/€18,500

6/€16,000

10/€28,500

3/€7,500

Meath

-

-

-

3/€7,500

1/€2,500

Monaghan

16/€43,000

17/€45,000

16/€53,500

15/€43,000

-

Offaly

10/€28,950

28/€80,250

20/€56,000

16/€47,000

-

Sligo

10/€24,500

11/€31,000

14/€35,500

16/€44,000

2/€5,000

Wateford

13/€34,000

12/€33,600

17/€48,500

15/€39,000

5/€16,500

Wexford

1/€2,500

2/€5,500

6/€16,500

5/€12,500

1/€2,500

Wicklow

-

-

1/€2,500

3/€10,000

1/€2,500

I am advised by the Revenue Commissioners that, as they are not responsible for the collection of fines imposed by the Courts, they do not have information on the payment of fines.

Property Taxation Administration

Questions (293)

Michael Healy-Rae

Question:

293. Deputy Michael Healy-Rae asked the Minister for Finance his views on correspondence (details supplied) regarding an anomaly in the local property tax; and if he will make a statement on the matter. [16849/13]

View answer

Written answers

The Finance (Local Property Tax) Act 2012 sets out how the tax is to be administered and how a residential property is to be valued for Local Property Tax (LPT) purposes. I am informed by the Revenue Commissioners that LPT is a self-assessed tax so in the first instance it is a matter for the property owner to calculate the tax due based on his or her assessment of the market value of the property and Revenue will not be involved, as a matter of routine, in valuing individual properties.

For the purposes of LPT, property values for properties under €1 million are organised into valuation bands, with a range of €50,000 in each band. This means that property owners are not required to provide a precise value for their property but instead must determine the valuation band into which their residential property falls. I am further advised by the Commissioners that the initial valuation of a property on 1 May 2013 will be valid up to and including 2016 and will not be affected by any increases or decreases in the value of properties or, improvements made to the property, over this period. This will ensure a measure of certainty for all property owners for the next three and a half years.

As I have previously advised the House, where a property owner makes their property valuation in an honest and reasonable manner, whether they base that on Revenue’s own on-line valuation guide or some other means, that valuation will not be challenged by Revenue in accordance with its normal Customer Service Charter and, consequently, additional charges will not be applied. By the same token, as property owners are not required to provide a precise value for their property, it is unlikely that any owner would find themselves in the position where they overpay their LPT.

In conclusion, Deputy, I do not consider that there is any anomaly in the LPT regime and I am satisfied that valuations of residential properties, made in good faith by the owner, will be accepted by the Revenue Commissioners.

Excise Duties Collection

Questions (294)

Michael Healy-Rae

Question:

294. Deputy Michael Healy-Rae asked the Minister for Finance in view of the fact that results of a recent survey prove that Ireland is the fifth most expensive country in Europe in which to buy diesel, his views on whether it would lead to a direct stimulus to the economy if the excise duty on diesel and petrol was reduced; and if he will make a statement on the matter. [16854/13]

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Written answers

Ireland, as with other countries, has experienced an increase in fuel prices. This increase is an international phenomenon. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflected additional factors such as geopolitical uncertainty in Northern Africa and the Middle East with potential supply disruptions. The Exchequer yield from excise, as excise is set at a nominal amount, does not increase as the price of fuels increase. On the other hand, the yield from VAT per litre of fuel, as VAT is set as a percentage of the price, increases as the price of fuels increase.

It should be noted however that businesses are entitled to reclaim VAT incurred on their business inputs, including VAT incurred on fuel. For example, VAT incurred on auto-diesel and marked gas oil (MGO or green diesel) used in the course of business is a deductible credit for business in the Irish VAT system.

The Deputy will also be aware that, in the context of Budget 2013, I provided for relief from excise duty on auto diesel for qualifying road transport and passenger transport operators.

There are no plans for further taxation adjustments, as to do so, could lead to significant costs to the Exchequer.

Question No. 295 answered with Question No. 284.

Fuel Laundering

Questions (296)

Heather Humphreys

Question:

296. Deputy Heather Humphreys asked the Minister for Finance the progress that has been made regarding the introduction of a new marker system to combat the rise in fuel laundering in the border region; and if he will make a statement on the matter. [16877/13]

View answer

Written answers

I am advised by the Revenue Commissioners, who are responsible for tackling fuel laundering, that Revenue and Her Majesty's Revenue and Customs (HMRC) are pursuing jointly a new and more effective fuel marker for common use in both jurisdictions. A Memorandum of Understanding setting out an indicative timeframe was agreed in 2012 by Revenue and HMRC and work on the project is proceeding. A joint 'Invitation to Make Submissions' (IMS), which issued in June 2012, generated international interest and twelve submissions were received by the closing date. These submissions are being evaluated jointly at present by Revenue and HMRC on the basis of agreed scientific, legal and operational criteria. Fuel laundering imposes significant costs on the community and poses a serious threat to tax yield and to legitimate businesses. As part of its strategy to curb illegal activity in this area, Revenue strengthened licensing requirements for traders in auto fuels in 2011 to limit the ability of fuel criminals to get laundered fuel onto the market. A new licensing requirement was introduced for traders in marked fuel oil from 1 October 2012 to limit the ability of fuel criminals to source marked fuel for laundering. In addition, Revenue introduced new supply chain controls requiring all licensed fuel retailers to make monthly returns to Revenue, from 1 January 2013, of their fuel transactions, which will provide assurance about the distribution of all fuels and identify suspicious or anomalous transactions and distribution patterns.

In the period 2011 to 2012, over 2 million litres of fuel was seized, 20 fuel laundries were detected and closed and over 89 filling stations were closed because they were unlicensed or in breach of licensing conditions.

Mortgage Interest Relief Extension

Questions (297, 304)

Róisín Shortall

Question:

297. Deputy Róisín Shortall asked the Minister for Finance his views on a growing problem with a large number of would-be second home movers trapped by negative equity and living in homes that their families have outgrown and the only alternative to selling up and crystallising losses may be to let the property; his views on extending mortgage interest relief in respect of these homes that were bought at the height of the boom, but will lose this relief if the home owner moves into alternative rented accommodation; the steps or initiatives being taken to assist such families who need to move on from their starter home; and if he will make a statement on the matter. [16902/13]

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John Lyons

Question:

304. Deputy John Lyons asked the Minister for Finance in view of the number of families in apartments that are constrained from moving to larger homes due to negative equity and the loss of the tax relief on their mortgage interest, if he will consider an exemption for families who move to larger homes from the loss of this tax relief; and if he will make a statement on the matter. [16980/13]

View answer

Written answers

I propose to take Questions Nos. 297 and 304 together.

The position is that mortgage interest relief is available in respect of interest paid on qualifying loans taken out on or after 1 January 2004 and on or before 31 December 2012 and such relief applies up to and including the tax year 2017.

Mortgage interest relief is available, at varying rates and subject to certain ceilings, in respect of interest paid by an individual on a loan used by that individual for the purchase, repair, development or improvement of his/her sole or main residence.

However, it should be noted that where an individual or family rents out their residential property they may be allowed a deduction, subject to certain conditions, in computing the taxable rents from that letting of 75% of the interest on monies borrowed to purchase, improve or repair that property.

As you are aware, this Government is very conscious of the significant concerns and difficulties faced by homeowners, not least in relation to their mortgages. In addition, the Government is committed to helping address the particular problems faced by those that bought homes at the height of the property boom between 2004 and 2008. In this regard, in Budget 2012, I announced my intention to fulfill the commitment in the Programme for Government to increase the rate of mortgage interest relief to 30 per cent for first time buyers who took out their first mortgage in that period.

A mortgage holder will qualify for the increased rate if they made their first mortgage interest payment in the period 2004 to 2008 or if they drew down their mortgage in that period.

As you will appreciate, I receive numerous requests for the introduction of new tax reliefs and the extension of existing ones, but I must be mindful of the public finances and the many demands on the Exchequer, given the 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.

Furthermore, it is also worth pointing out that this Government has put in place a comprehensive strategy to address the significant difficulties faced by some home owners in meeting their mortgage obligations. The Government's strategy is built around four distinct areas – Personal Insolvency, a Mortgage Advisory Service, the Mortgage to Rent Scheme and Engagement with the banks, significant progress has been made in these areas.

As announced recently, the implementation of this strategy has further intensified with the Central Bank now setting time bound and measurable targets for banks on their progress in resolving, on a durable basis, the position of their mortgage customers who are in arrears on their mortgage. The "Keane Report" has already outlined a number of possible options that can be considered in order to provide a sustainable solution for a mortgage in difficulty on a case by case basis.

The Government recognises that the position of negative equity is a difficult one for some homeowners. However, a number of steps have been taken to assist those that find themselves in this position. For example, the Central Bank is allowing banks, in appropriate cases, to provide new mortgages to people to move home even if the homeowner is currently experiencing negative equity.

However, in the mortgage area, the main priority for Government relates to the issue of significant mortgage arrears and the objective is, from both a social and economic policy point of view, that home owners who are in mortgage difficulty should be assisted to remain in their homes where feasible and appropriate.

The importance of the work to address the mortgage arrears problem is reflected in the fact that a special Government committee on this issue has been established, which is chaired by the Taoiseach. However, ultimately the Government is of the view that it is the regeneration of the economy, the restoration of employment levels and income growth that will address the real social and economic problems associated with high levels of mortgage and personal indebtedness. As the Deputy will be aware, the Government focus has been on the introduction of many new initiatives aimed at fostering and generating economic growth. The successful achievement of this objective will restore consumer confidence and bring the tangible and sustainable recovery that the country requires.

Tax Rebates

Questions (298)

Brendan Griffin

Question:

298. Deputy Brendan Griffin asked the Minister for Finance if a person (details supplied) in County Kerry with no regular income is entitled to some rebate from taxation paid on the sale of shares that they owned; and if he will make a statement on the matter. [16917/13]

View answer

Written answers

Gains on the sale of shares are subject to Capital Gains Tax (CGT). I am informed by the Revenue Commissioners that the taxpayer was granted an exemption in relation to the first €1,270 of annual gain. The taxpayer's overall level of income is not taken into account in relation to Capital Gains Tax, and it appears from Revenue's records that there is no basis for a tax rebate in this case.

Ministerial Allowances

Questions (299)

Finian McGrath

Question:

299. Deputy Finian McGrath asked the Minister for Finance regarding if Ministers living outside Dublin claim tax breaks on Dublin properties plus new house taxes, if they are allowed to write off costs of mortgages interest; if they can claim tax relief on utilities bills, repairs and maintenance of their properties; and if they do not pay rates on their T.D.s office, will they now pay the new tax due in July. [16924/13]

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Written answers

Section 836 of the Taxes Consolidation Act provides for a tax deduction under section 114 of the Taxes Consolidation Act 1997 in respect of the cost of maintaining a second residence where, arising out of the performance of his or her duties, a Minister or a Minister of State is obliged to maintain that second residence in addition to his or her main residence. The allowance is confined to office holders who represent constituencies outside the Dublin area and is known as the Dual Abode Allowance. As the Deputy is aware, overnight expenses are not paid to office holders.

The residence in respect of which the Dual Abode Allowance can be claimed is the office holder's second residence and can be claimed if they own or rent the second residence in Dublin or if they use hotel or guesthouse accommodation as a second residence.

There is no exemption from the Local Property Tax for Ministers or Ministers of State in their personal capacity, nor is there any provision in the Finance (Local Property Tax) Act 2012 (as amended) for an exemption from the Local Property Tax (LPT) in relation to second residences in respect of which the 'Dual Abode Allowance' is claimed.

Pension Provisions

Questions (300)

Brendan Griffin

Question:

300. Deputy Brendan Griffin asked the Minister for Finance if a person (details supplied) in County Kerry will be permitted to transfer their approved minimum retirement fund pension to an approved retirement fund before the age of 75. [16927/13]

View answer

Written answers

An Approved Minimum Retirement Fund (AMRF) is converted to an Approved Retirement Fund (ARF) either on attaining age 75, on satisfying the specified lifetime income requirement or on death. Since enactment of the Finance Act 2013 on 27 March 2013, that specified income requirement has reverted back to €12,700 from a previous figure of 1.5 times the maximum annual rate of State Pension (Contributory) at the time the ARF option is exercised. Therefore if the individual concerned has guaranteed income for life of €12,700 per annum he should advise his fund manager who will convert his AMRF to an ARF.

If he does not satisfy the specified income requirement, then, if his AMRF was established since 6 February 2011 and contains assets of more than €63,500, his fund manager will transfer the amount in excess of €63,500 to an ARF and this amount will be available for drawdown by him and subject to tax and other statutory deductions.

The Explanatory Memorandum that accompanied the latest Finance Bill stated that the reversion of the specified income requirement from 1.5 times the prevailing rate of State Pension Contributory to €12,700 was to be for a period of 3 years, whereupon the higher limit implemented in 2011 will be reapplied by Finance Act 2016.

IBRC Liquidation

Questions (301)

Michael McGrath

Question:

301. Deputy Michael McGrath asked the Minister for Finance if he will consider using Section 9 of the Irish Bank Resolution Corporation Act 2013 to instruct the Special Liquidator to pay to the former employees the level of redundancy that was agreed prior to the liquidation of the bank; and if he will make a statement on the matter. [16933/13]

View answer

Written answers

There are standard rules which apply to the distribution of the assets of companies in liquidation and it would not be appropriate for me to interfere with these rules by way of the use of Section 9 of the Irish Bank Resolution Corporation Act 2013 or otherwise. Such interference could have the impact of diverting the assets of IBRC from one category of creditor to another outside the normal Companies Acts priorities. Any such interference would be open to challenges in the Irish Courts by unsecured creditors. Notwithstanding the above, the State does intervene to ensure that statutory redundancy is available for IBRC staff through the Social Insurance Fund and that arrears of pay, sick pay, holiday pay or pay in lieu of statutory notice (limited to EUR600 per week up to a maximum of eight weeks) are payable from the Insolvency Payments Scheme.

I acknowledge the significant efforts and commitment made by the staff in IBRC over the past few difficult years whilst the bank was in wind down and the difficulties that arise for staff as a result of the liquidation but it was necessary to take the decision to liquidate IBRC in the larger public interest. I am sure the staff will continue to work to ensure a satisfactory outcome for Irish taxpayers while they remain in employment under the liquidation process. Furthermore, some staff may, in time, be re-hired by NAMA or other purchasers of the assets.

The Special Liquidators have advised that there is on-going interaction between the IBOA and the Special Liquidators. The Special Liquidators have indicated that they are highly cognisant of the issues that the IBOA have been highlighting and that significant steps have already been taken to address those concerns including the announcement on Tuesday 19 March by the Special Liquidators that contracts of staff would be extended out to 7 August with one month's notice thereafter. This should provide some reassurance to IBRC staff relative to the common position in liquidations where staff contracts are terminated on liquidation.

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