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Wednesday, 15 May 2013

Written Answers Nos. 117-125

NAMA Debtors

Questions (117)

Pearse Doherty

Question:

117. Deputy Pearse Doherty asked the Minister for Finance the position adopted by the National Asset Management Agency in response to individual voluntary arrangement proposals in Britain by its debtors. [23158/13]

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Written answers

I am advised by NAMA that all such proposals are considered on a case by case basis by reference to the objective of maximising debt repayment to NAMA.

NAMA Debtors

Questions (118)

Pearse Doherty

Question:

118. Deputy Pearse Doherty asked the Minister for Finance pursuant to section 2 (viii) of the National Asset Management Agency Act 2009 which provides for NAMA to contribute to the social and economic development of the State, if NAMA can outline how it regards its responsibilities and objectives in the context of the National Monument Site at 14-17 Moore Street in Dublin city centre. [23159/13]

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Written answers

As is NAMA’s practice, and in compliance with Sections 99 and 202 of the National Asset Management Act 2009, NAMA does not comment on individual assets under the control of its debtors.

Departmental Expenditure

Questions (119, 120)

Pearse Doherty

Question:

119. Deputy Pearse Doherty asked the Minister for Finance the fees paid by Anglo Irish Bank to the law firm Matheson Ormsby Prentice in respect of advice and services connected to the so-called Maple 10 or Anglo Golden Circle transaction in 2008. [23160/13]

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Pearse Doherty

Question:

120. Deputy Pearse Doherty asked the Minister for Finance the fees paid, both directly and indirectly by Anglo Irish Bank to Morgan Stanley in respect of advice and services connected to the so-called Maple 10 or Anglo Golden Circle transaction in 2008. [23161/13]

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Written answers

I propose to take Questions Nos. 119 and 120 together.

Due to commercial confidentiality and sensitivities, and also solicitor/client confidentiality, the Special Liquidators do not propose to provide details of amounts due and paid by Anglo Irish Bank to Matheson Ormsby Prentice and/or Morgan Stanley in 2008.

Tax Yield

Questions (121)

Michael Colreavy

Question:

121. Deputy Michael Colreavy asked the Minister for Finance the amount received from the carbon tax in 2012; if he will provide a breakdown of the amount that came from home heating and the amount from motor vehicles; and if he will make a statement on the matter. [23172/13]

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Written answers

I am advised by the Revenue Commissioners that the net receipts for carbon tax in 2012 are set out in the table below. As home heating fuel can be kerosene, Marked Gas Oil, LPG or Natural Gas and as end use is not determined at the time of supply it is not possible to accurately provide the breakdown between receipts from home heating and motor fuel that the Deputy requests. Auto-diesel and Petrol carbon tax receipts would, in the main, be from motor fuel.

Fuel Type

Net Receipts - €

Auto Diesel

130,778.847

Petrol

 74,622,264

Aviation Gasoline

         48,548

Kerosene

 49,412,885

Marked Gas Oil

 54,721,071

Fuel Oil

  2,319,299

LPG (Other)

  8,516,147

Auto LPG

      25,094

Natural Gas

 44,510,054

Total

353,954,210

Pension Provisions

Questions (122)

Ciara Conway

Question:

122. Deputy Ciara Conway asked the Minister for Finance if it is the case that a person (details supplied) in County Waterford could stand to lose their pension as is outlined; if an alternative to this is being considered; if an alternative measure will be implemented; the options open to this employee to prevent a loss of pensions' savings; and if he will make a statement on the matter. [23264/13]

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Written answers

As the Deputy will be aware the pension arrangements for the staff of Permanent TSB are a matter for the management of that company and for the trustees of the relevant pension schemes. The development of alternative proposals would also be a matter for the company and the trustees. It would not be appropriate for me to comment on the implications for an individual arising out of any proposed restructuring by Permanent TSB of its defined benefit pension schemes. I understand that a proposal by the company to the trustees in relation to the defined benefit pension schemes may be referred to the Labour Court which is a matter for the interested parties.

Tax Reliefs Availability

Questions (123, 128)

Mary Lou McDonald

Question:

123. Deputy Mary Lou McDonald asked the Minister for Finance if it is permissible for a registered charity to include political donations for tax relief purposes. [23287/13]

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Maureen O'Sullivan

Question:

128. Deputy Maureen O'Sullivan asked the Minister for Finance if it is permitted for a registered charity to make a political donation and still receive tax relief on their income; and if he will make a statement on the matter. [23337/13]

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Written answers

I propose to take Questions Nos. 123 and 128 together.

The charitable tax exemption scheme is administered by the Revenue Commissioners. In order to avail of the exemption, a body or trust must be established for charitable purposes only and must apply all of its income to charitable purposes. The Deputies are most likely aware that while bodies that hold a charitable tax exemption are not permitted to make donations that directly support political parties or candidates, they are however, permitted to apply their funds to activities that advance or promote their charitable purposes. Depending on the circumstances, these can include certain political lobbying and advocacy activities in support of their charitable purpose.

Procedures are in place to ensure that bodies that are granted charitable tax exemption are subject to periodic reviews to ensure that the terms of the exemption continue to be fulfilled. All relevant matters, including matters which have been brought to the Revenue Commissioners attention, are taken into account in the context of such reviews.

In regard to the specific issues raised by the Deputies, the Revenue Commissioners have indicated that in order to determine if any such item of expenditure satisfies the terms of a charitable tax exemption it is necessary to examine that expenditure, the context in which it was incurred and the charitable objects of the body incurring the expenditure in detail.

If the Deputies wish to provide specific details then the Revenue Commissioners will investigate the issue/s to ensure the terms of the exemption/s in question are being adhered to.

Household Charge Collection

Questions (124)

Andrew Doyle

Question:

124. Deputy Andrew Doyle asked the Minister for Finance further to persons who did not pay the household charge in 2012, if this charge with penalties will be deducted at source by the Revenue Commissioners in addition to the local property tax should they fail to pay for either one or both; and if he will make a statement on the matter. [23288/13]

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Written answers

I am advised by the Revenue Commissioners that they are currently in discussions with the Local Government Management Agency (LGMA) regarding receipt of the final database for those who have paid the Household Charge by 1 July 2013. The Commissioners anticipate that they will receive the final register later in the year.

By virtue of the Finance (Local Property Tax) Act 2012 (as amended), where the Household Charge for 2012 has not been paid by 1 July 2013, the outstanding amount will be increased to €200 and will be treated as a charge to Local Property Tax (LPT). As a consequence, the same methods, including deduction at source, that are available to Revenue to collect LPT from those who do not comply with their LPT obligations will be available to recover the €200 Household Charge arrears.

When the final database of those who have paid the household charge is provided by the LGMA at some point after 1 July 2013, Revenue will identify those who have not paid the charge and, in due course towards the end of the year, start collecting the additional €200 LPT liability.

For those who have yet to pay their Household Charge liability, the amount due including late payment fees and interest is currently €144. I would strongly recommend that those who have not paid it to do so as soon as possible or face additional costs.

Departmental Expenditure

Questions (125)

Andrew Doyle

Question:

125. Deputy Andrew Doyle asked the Minister for Finance if he will provide in tabular form a breakdown on a yearly basis of the legal and travel costs his Department has incurred as a result of litigation in the European Court of Justice in Luxembourg, the General Court in Luxembourg and the European Court of Human Rights in Strasbourg from the years 2005 to 2012; and if he will make a statement on the matter. [23313/13]

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Written answers

My Department had no litigation cases in the General Court in Luxembourg and in the European Court of Human Rights in Strasbourg from the years 2005 to 2012. During that same period, officials from my Department attended the European Court of Justice in Luxembourg on 17 occasions.

Legal costs incurred by the State for cases before the European Court of Justice are borne by the Chief State Solicitor’s Office, and as it is not possible to disaggregate these costs in respect of individual Government Departments, it is not possible to include them in this response.

My Department has been unable to obtain the full information in relation to travel costs requested by the Deputy in the time available. I will shortly write to the Deputy directly with the information.

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