Thursday, 4 Jul 2013

Written Answers Nos. 67-77

Foreign Conflicts

Questions (67)

Andrew Doyle

Question:

67. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the current mass demonstrations taking place in Egypt, notably in the capital city of Cairo; if he will identify if any Irish citizens have been caught up in the current demonstrations taking place; the plan Ireland has in place for assisting Irish citizens in the region; if he will outline, in view of other governments pulling their staff out of their embassies in the country, if he plans to do likewise; and if he will make a statement on the matter. [32743/13]

Written answers

Tánaiste and Minister for Foreign Affairs and Trade

I am obviously following current developments in Egypt closely and have already made clear my great concern at last night’s events which saw the removal, following military intervention, of President Morsi’s democratically elected government and the suspension of the Egyptian constitution. I also regret the violence which has occurred following large-scale and otherwise peaceful demonstrations in Cairo and many other Egyptian cities in recent days which has now claimed up to fifty lives and resulted in injuries to hundreds of others. I am also greatly concerned by reports of utterly unacceptable gender-based attacks on women taking part in or observing the demonstrations. The priority at this critical juncture stage must be for restraint and genuine efforts on the part of all sides to defuse the crisis and to seek through negotiations to resolve the long-standing political and economic grievances which have prompted so many millions of Egyptians to take to the streets. I have already called for a fully inclusive process of political dialogue, aimed at bringing about the swiftest possible restoration of civilian-led government following free and fair elections, to be initiated as soon as possible. My Department has not received any reports of Irish citizens being caught up in the current protests. The Department’s current travel advice for Egypt, which is constantly monitored and updated as necessary, strongly advises Irish citizens to avoid all non-essential travel, with the exception of the Red Sea resorts. We also advise Irish citizens to avoid all protests and demonstrations in Egypt and to monitor the local media for updates on the situation. If caught up in a demonstration, Irish citizens should leave the area immediately and should not attempt to take photographs.

The Embassy in Cairo is also in contact with Irish citizens currently in Egypt who have registered their contact details with the Department or Embassy; the intention is to call their attention to the Department’s updated travel advice. Irish citizens in Egypt are encouraged to register their contact details, if they have not already done so, via the Department’s website: www.dfat.ie.

At the time of writing, the US Department of State has ordered the departure of non-emergency US governmental personnel and family members at the US Embassy in Cairo due to the ongoing unrest. There are no plans, at this time, for Ireland or other EU embassies to do likewise. Our Embassy in Cairo and the Consular Assistance section in Dublin stand ready to provide consular assistance to any Irish citizens who may require it and they will continue to monitor the situation.

Diplomatic Representation Issues

Questions (68)

Andrew Doyle

Question:

68. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade if he is concerned regarding the recent revelations of apparent spying and surveillance by the United States of America on the EU's delegations to both the US in Washington and the UN in New York; if his attention has been drawn to any such concerns regarding this taking place on member states' diplomatic missions within the US, notably the Irish Embassy, consulates general and any other diplomatic activity in the US; if he shares the same concerns as the President of the European Parliament, Martin Schulz, and the Chairman of the European Parliament's Committee on Foreign Affairs, Elmar Brok; and if he will make a statement on the matter. [32747/13]

Written answers

Tánaiste and Minister for Foreign Affairs and Trade

The reports of alleged US surveillance of EU premises are naturally of concern to all EU Member States, Ireland included. The EU’s External Action Service has sought urgent clarification of the situation in both Washington and Brussels. I understand that High Representative Ashton has also spoken directly to Secretary of State Kerry in a meeting in Brunei. The Government has already expressed our concerns to the US Embassy in Dublin at a senior official level, including that we expect clarification to follow on the EU request. It is important that there is clarity and transparency on this matter as soon as possible. Ireland highly values its relationship with the US both bilaterally and in the context of the EU. We expect to continue our cooperative partnership, in particular as we begin to work on the Transatlantic Trade and Investment Partnership

International Bodies Membership

Questions (69)

Andrew Doyle

Question:

69. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline each international organisation, international agency or international body of which Ireland is a member and for which his Department or a State body or agency under the aegis of his Department is responsible or co-responsible; and if he will make a statement on the matter. [32811/13]

Written answers

Tánaiste and Minister for Foreign Affairs and Trade

Ireland is committed to upholding a multilateral approach to international relations, based upon the equality of States and the rule of law. This commitment has been expressed through our membership of, and active participation in, international organisations such as the European Union and the United Nations. Membership of these organisations has enabled us to promote the interests, value and objectives which we, as a people, have traditionally held to be important. While overall responsibility for Ireland’s membership of the United Nations is invested in my Department, there are a number of UN specialised agencies which are classed as international organisations in their own right and for which responsibility lies with other Departments, and State agencies. In addition, responsibility for a number of international organisations previously held by my Department has transferred to Department of the Taoiseach.

The following is a list of international organisations for which Ireland’s membership is a matter for my Department:

United Nations, including:

Comprehensive Test Ban Treaty Organisation

Organisation for the Prohibition of Chemical Weapons

Human Rights Council (a 3-year term beginning January 2013)

European Union

Organisation for Security and Cooperation in Europe

Council of Europe

Union for the Mediterranean

Partnership for Peace

Euro-Atlantic Partnership Council

International Organisation for Migration

Other International Organisation/Bodies

Hague Conference on Private International Law

Permanent Court of Arbitration

International Institute for the Unification of Private Law (UNIDROIT)

International Tribunal for the Law of the Sea (ITLOS)

International Seabed Authority (ISBA)

International Criminal Court (ICC)

Carbon Tax Implementation

Questions (70)

Brian Stanley

Question:

70. Deputy Brian Stanley asked the Minister for Finance if he will outline the level of carbon tax, if any, to be charged on peat which is extracted for domestic turf cutting either at the point of extraction, when it is sold in plots on a bog or when it is retailed. [32611/13]

Written answers

Minister for Finance

I am advised by the Revenue Commissioners, who have responsibility for the collection of solid fuel carbon tax, that turf extracted for domestic use as a solid fuel falls within the definition of “other peat” in section 77 of the Finance Act 2010, as amended. As such, it becomes liable to solid fuel carbon tax at a rate of €13.62 per tonne under the following conditions: when it is supplied as a solid fuel for the first time in the State.

No liability to solid fuel carbon tax arises where a person is extracting peat solely for his or her own domestic use. If a person is given or holds a right to a plot for the purpose of peat extraction, for example under turbary rights, lease, etc. a liability to solid fuel carbon tax does not arise on peat extracted by the person from that plot for their own use as a solid fuel, provided the peat is not supplied onward. A liability for carbon tax will arise if that extracted peat is sold onward in the State as a solid fuel. The person supplying that peat for the first time is accountable for and liable to pay the tax.

IBRC Liquidation

Questions (71)

Pearse Doherty

Question:

71. Deputy Pearse Doherty asked the Minister for Finance if the special resolution filed in the Companies Office on 18 February, which sets out that the sole member of the company, shall be entitled at any time by notice in writing to the company to suspend any or all of the powers of the directors of Irish Bank Resolution Corporation, in special liquidation, under the Companies Acts and under the articles of association, has been activated; and if he will provide details of any such notice serviced on IRBC and which directors powers under the Companies Act or the articles of association that have been suspended. [32750/13]

Written answers

Minister for Finance

Following the passing of the Special Resolution, referred to in the Deputy’s question, on 6 February 2013 (which became effective immediately) the Directors of Irish Bank Resolution Corporation Limited were instructed not to exercise any of the powers conferred upon them by the Companies Acts, the articles of association or otherwise pending further instructions from the Minister for Finance. At the same time, the powers of the Directors of Irish Bank Resolution Corporation Limited were vested in a Relevant Person (being an employee of KPMG) until further notice. Following the signing of the Special Liquidation Order on 7 February 2013 the powers of the board of directors of IBRC became vested in the Special Liquidators.

Companies Law Issues

Questions (72)

Pearse Doherty

Question:

72. Deputy Pearse Doherty asked the Minister for Finance the obligations and duties a special liquidator has under the Companies Act. [32751/13]

Written answers

Minister for Finance

The powers and duties of the Special Liquidators under the Companies Acts are generally those which are applicable to a liquidator appointed pursuant to the Companies Acts, save that the Minister for Finance may issue instructions and directions to the Special Liquidators to ensure the orderly winding up of IBRC in accordance with the purposes of the IBRC Act and the public interest.

Companies Law Issues

Questions (73)

Pearse Doherty

Question:

73. Deputy Pearse Doherty asked the Minister for Finance the rights under the Companies Act or other relevant Acts a creditor has when a company is in special liquidation. [32752/13]

Written answers

Minister for Finance

At the outset it is important to note that the Special Liquidators have been appointed to Irish Bank Resolution Corporation pursuant to the Irish Bank Resolution Corporation Act 2013 and the concept of special liquidation is not relevant to any company other than Irish Bank Resolution Corporation Limited.

Creditors of IBRC have rights that are similar to creditors of companies that have been wound up under the Companies Acts. Those rights are largely determined by the priority afforded to them under the Companies Acts and such priority has not been modified under the Irish Bank Resolution Corporation Act 2013.

IBRC Liquidation

Questions (74)

Pearse Doherty

Question:

74. Deputy Pearse Doherty asked the Minister for Finance if it is intended that the provision of the Irish Bank Resolution Corporation Act 2013 is to have retrospective legal effect and override the specific provisions of the Companies Act that existed prior to the appointment of the special liquidator. [32753/13]

Written answers

Minister for Finance

The Deputy is directed to Section 10 of the Irish Bank Resolution Corporation Act 2013 (the “IBRC Act”), which sets out the application of the Companies Acts to Irish Bank Resolution Corporation (“IBRC”). The IBRC Act details those provisions of the Companies Acts which do not apply to IBRC, the provisions of the Companies Acts that apply to IBRC and the modifications to the existing Companies Acts which will apply to IBRC. The IBRC Act does not have retrospective legal effect.

IBRC Liquidation

Questions (75, 76)

Pearse Doherty

Question:

75. Deputy Pearse Doherty asked the Minister for Finance if the special liquidator at Irish Bank Resolution Corporation has filed a statement of affairs; and if not, the reason. [32754/13]

Pearse Doherty

Question:

76. Deputy Pearse Doherty asked the Minister for Finance the action being taken to ensure the filing of a statement of affairs for Anglo Irish Bank as at the date of the appointment of the special liquidator required under the Companies Act. [32755/13]

Written answers

Minister for Finance

I propose to take Questions Nos. 75 and 76 together.

Under Section 224 of the Companies Act 1963, the statement of affairs is required to be filed and verified by the persons who are directors and secretary (or by other persons as defined under Section 224) of IBRC at the date of the appointment of the liquidator. The Special Liquidators are currently liaising with the Directors/ Secretary of IBRC who are in the process of preparing the statement of affairs.

IBRC Liquidation

Questions (77)

Pearse Doherty

Question:

77. Deputy Pearse Doherty asked the Minister for Finance with regard to the announcement of proceedings by the special liquidator against the former directors of Irish Nationwide Building Society, the position on taking similar civil proceedings against former directors of Anglo Irish Bank who served at executive and non-executive level-up to the collapse of the bank. [32756/13]

Written answers

Minister for Finance

As the Deputy is aware, in March 2012, the then Boards of INBS and IBRC, having considered legal advice, decided in all the circumstances to institute proceedings against former directors of INBS. These proceedings have been continued by the Special Liquidators following their appointment in February 2013. I am advised by the Special Liquidators that similar proceedings have not been taken against the former directors of Anglo Irish Bank but that the position is subject to on-going review by the Special Liquidators.