Written Answers Nos. 118-138
118. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade the parameters of the discussions held with Ministerial colleagues at the Informal General Affairs Council in Vilnius, Lithuania on 29 and 30 August 2013; if he will provide detail of any agreements reached; if he will provide an update on matters discussed; and if he will make a statement on the matter. [38640/13]
View answerThe Minister of State for European Affairs attended the Informal Meeting of Ministers and Secretaries of State for European Affairs in Vilnius on 29-30 August 2013. The topic for the meeting was inter-institutional relations, and specifically the relationship between the Council and the European Parliament. The first session, with the participation of representatives from the European Parliament, focused on preparations for the European Parliament elections in May 2014. The discussions covered concerns about falling voter turnout in Member States, the impact of the economic crisis and the need to communicate actions taken at EU level more assertively to citizens.
The second session, in traditional Council format, focused on post-Lisbon relations between the Council and the Parliament. Recent Presidencies, including Ireland, shared their experiences of managing this important relationship. While there was consensus that co-decision with the Parliament works well, some practical suggestions for improvement were made including the early involvement of the incoming Presidency in trilogue negotiations with the Parliament. The discussion also emphasised the importance of the Council’s own institutional agenda in ensuring adherence to the Treaties. It was agreed that the Lithuanian Presidency would follow up with recommendations based on the discussions.
119. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on his recent visit to Belfast; if he will detail the meetings he had during that visit; and if he will make a statement on the matter. [38804/13]
View answerI visited Belfast on 29 August 2013 to meet with members of communities living at interfaces, with representatives of the local business and retail sector and with a number of organisations and individuals involved with reconciliation and with legacy issues. The visit provided me with an opportunity to take soundings on the range of issues which will be dealt with in the context of the Haass process as well as to show my support for those living at interfaces following a particularly difficult summer. Among those I met were men and women in Ardoyne, Carrick Hill, Short Strand and in East Belfast who have worked tirelessly at a community level over the past year urging restraint, sometimes in the face of explicit provocation or intimidation. I commend all those who have shown constructive leadership within their communities in very difficult circumstances.
I received a number of clear messages from those with whom I met. Firstly, people do not want to lose all that has been gained over the past fifteen years of the peace process. Secondly, there is a genuine fear of a return of sectarian violence and grassroots communities are aware that their work, on its own, cannot deliver reconciliation. Thirdly, communities recognize how the two governments working both separately and jointly can bring helpful perspective and practical support, as can broader international focus. My visit also provided an opportunity to hear from those whose businesses have been directly affected by the ongoing street unrest. Retailers and those in the pub and restaurant trades said that the ongoing protests have caused a discernible drop-off in late-night and weekend shoppers and this is threatening the viability of many city-centre businesses.
I welcome the opportunity of the current talks process being chaired by Dr Richard Haass to address contentious issues, specifically Parades, Flags and Emblems and the Past, which are having such a corrosive effect on community and political relations and on the local economy in Northern Ireland. The Government is committed to supporting his work on each of these issues. I also met with members of the Ulster Council of the GAA to discuss the pioneering work which they are doing in terms of community outreach.
120. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions he has had with the First Minister and the Deputy First Minister of the Northern Ireland Executive in relation to violence on the streets of Belfast during the summer months; and if he will make a statement on the matter. [38805/13]
View answer121. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions he has had with the Secretary of State for Northern Ireland in relation to violence on the streets of Belfast during the summer months; and if he will make a statement on the matter. [38806/13]
View answerI propose to take Questions Nos. 120 and 121 together.
As co-guarantor of the Good Friday Agreement, the security and political situation in Northern Ireland is a central concern for me, my Government colleagues and for members of the Oireachtas. I maintain contact on an ongoing and regular basis with the First and deputy First Ministers, with the party leaders within the Northern Ireland Executive and with the Secretary of State for Northern Ireland, Theresa Villiers MP. In the light of the deterioration of the security situation after the 12th of July, I had direct contact with the Secretary of State and with the Minster for Justice David Ford to discuss the difficult situation which the Police Service of Northern Ireland were confronting in North Belfast. Exceptionally, I issued a public statement calling for calm which my officials brought to the attention of all key stakeholders within the Cardiff talks process. In that statement I welcomed the talks which have begun this week under the independent Chairmanship of Richard Haass and the commitment by the Orange Order to engage with that talks process.
I visited Belfast on 29 August 2013 and had detailed discussion with community leaders in Ardoyne, Carrick Hill, Short Strand and in East Belfast who have faced the brunt of parades related tension this summer. I applauded them for their tireless leadership, restraint and support for a solution based on dialogue and respect, despite frequent explicit provocation or sectarian intimidation. I commend all those who have shown constructive leadership within their communities in very difficult circumstances.
Work must continue to ease tensions at interface areas and to support the rule of law and the Police Service of Northern Ireland charged with upholding the law. The events of this Summer, and the ongoing parades in Ardoyne point to a need to progress meaningful dialogue further and I again urge the Grand Orange Lodge of Ireland, and all Loyal Orders, to promote and to engage in dialogue based on the principle of respect with residents’ groups as a matter of urgency.
122. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the recent Amnesty eport in relation to the victims of violence in Northern Ireland; and if he will make a statement on the matter. [38807/13]
View answerI welcome the timely report by Amnesty International entitled “Northern Ireland: Time to deal with the past” and will give it my full consideration. I visited Belfast in August and it is clear from my extensive consultations there and elsewhere that the past is having a corrosive effect on political life and on community relations throughout Northern Ireland. The current All-Party talks under the chairmanship of Richard Haass present an opportunity to build positive momentum towards finding the right mechanisms to deal with the past. Amnesty International’s report is a welcome contribution by civil society to these efforts.
125. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the outcome of discussions at EU Foreign Affairs Council in relation to the humanitarian disaster in Syria and adjoining regions; if there are proposals to provide much needed additional humanitarian aid; and if he will make a statement on the matter. [38810/13]
View answerThe tragic crisis unfolding in Syria and in neighbouring countries has resulted in enormous humanitarian needs, requiring an urgent and sustained response from the international community. With the number of fatalities surpassing 100,000, there are now close to 7 million people who are in need of immediate life saving support. In addition to more than 4 million people who are displaced within Syria, there are in excess of 2 million Syrians who have fled the violence to take refuge in neighbouring countries, one million of whom are children. In the face of this terrible suffering, it is imperative that the international community is united in demanding greater protection for Syria’s civilian population. The world has rarely seen a humanitarian crisis as bad as that caused by the conflict in Syria. Ireland has been consistent in its call for all parties to the conflict to fully respect, and be held accountable for violations of International Humanitarian Law. Throughout our EU Presidency in the first half of the year, Ireland took every opportunity to underline the gravity of the humanitarian situation, including through discussion at the EU Foreign Affairs Council. The most recent discussions on the Syrian crisis took place at the Gymnich (Informal Meeting of Foreign Affairs Ministers) in Vilnius on 6-7 September. Ireland fully supports the subsequent press statement by High Representative Catherine Ashton in which she highlighted the need to reaffirm our commitment to the people of Syria and to support them in every way possible through our humanitarian aid.
Ireland has been unwavering in its support to the international humanitarian response. To date, we have provided almost €11 million to the relief effort and are one of the world’s most generous donors – on a per capita basis - to the response to this crisis. Through trusted NGO partners here in Ireland, as well as the UN and the Red Cross/Red Crescent movement, we are playing a considerable part in the international effort to meet the massive needs both inside Syria and in the wider region. We stand ready to provide further assistance, within our means, to the humanitarian response.
128. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update in relation to the arrest of Irish citizens in Egypt; the discussions he has had with the authorities in Egypt; and if he will make a statement on the matter. [38813/13]
View answerMy Department is continuing to provide consular assistance to the family of four Irish nationals in detention in Egypt. Our Embassy in Cairo is liaising with the Egyptian authorities and has been granted consular access on a number of occasions to visit the four. The Egyptian authorities are still reviewing their cases and at the present time it is still unclear whether formal charges will be brought against them. A decision to extend their period of detention for a further fifteen days was taken by the Prosecutor on 14 September to allow further time for investigations to be completed. My Department will continue to provide consular assistance to the four detainees and their family in Ireland. My Department continues to advise Irish citizens not to travel to Egypt at this time. If, against our advice, Irish citizens decide to travel to Egypt they should exercise extreme caution and avoid all protests and demonstrations.
129. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the most recent discussions he has had with the Northern Ireland Secretary of State and Members of the Northern Ireland Executive in relation to the proposed Bill of Rights; and if he will make a statement on the matter. [38822/13]
View answerAs I stated recently at the British Irish Association Conference, the Good Friday Agreement recognizes the need to elaborate the principles according to which society could be protected and flourish and a Bill of Rights for Northern Ireland is fundamental to ensuring these principles are given a legislative base. I believe that it is important that all voices are included in the process to formulate a Bill of Rights, most particularly civil society. I have made my views clear to the Secretary of State for Northern Ireland and will continue to raise the question of a Bill of Rights in my discussions with the First Minister and deputy First Minister. We all have important roles to play if we are to build a permanent and lasting peace and reconciliation in Northern Ireland. The Irish Government recognizes this and remains fully committed to this process, and to the full implementation of all Agreements which form the foundations of peace and reconciliation.
130. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the most recent discussions he has had with the Northern Ireland Secretary of State and Members of the Northern Ireland Executive in respect of the Irish language Act; and if he will make a statement on the matter. [38823/13]
View answerIn ongoing contacts with the British government, most recently at my meeting with the Secretary of State for Northern Ireland, Rt. Hon. Theresa Villiers MP, on 24 July, I continue to stress the importance of implementation of all aspects of the Agreements. 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. Last year the Northern Ireland Minister for Culture, Arts and Leisure, Ms. Carál Ní Chuilín MLA, launched a public consultation process on strategies for the Irish language and Ulster Scots. A summary of the responses to the consultation process was published on 3 July 2013. I am firmly of the view that an Irish Language Act should be introduced in Northern Ireland. All parties to the Good Friday Agreement recognised the importance of respect, understanding and tolerance in relation to linguistic diversity in Northern Ireland. In the St Andrews Agreement, the British government committed to introducing an Irish Language Act and to working with the Northern Ireland Executive to enhance and protect the development of the Irish Language.
Officials in my Department maintain regular and ongoing contact with the Irish language community in Northern Ireland including those involved in cross-community Irish language activity. I will continue to press in my discussions with the Northern Ireland Executive the urgent need to address this issue and to legislate for an Irish Language Act. Officials in my Department will continue to monitor this matter in their ongoing contacts with the Northern Ireland Office.
131. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding Border Security, Economic Opportunity and Immigration Modernization Act of 2013; the proposals there are to have further discussions with Members of the US Congress; and if he will make a statement on the matter. [38835/13]
View answerA resolution of the situation facing the undocumented Irish in the United States has been and remains a priority for the Government in ongoing contacts with the US Administration and Congress. The Government has also attached great importance to providing for future flows of migration between Ireland and the United States through the extension of the “E-3” visa scheme to include Irish citizens.In this context, we very much welcomed the US Senate’s approval of the Border Security, Economic Opportunity and Immigration Modernization Bill by a 68-32 margin on 27 June last. The comprehensive draft legislation, which was drafted over several months by a bi-partisan group of eight US Senators, provides for extensive reform of the US immigration system. It includes provisions that would legalise the status of undocumented Irish people and provide a path to permanent residency. It also provides for future flows of legal migration between Ireland and the US via the proposed E-3 visa. The Bill is a very positive development. Its provisions, if adopted, would help to end the great hardship and uncertainty faced by undocumented Irish in the US and their families here in Ireland. The inclusion of a new provision to allow several thousand Irish citizens to legally avail of employment opportunities in the US every year is also particularly welcome. The focus has now shifted to the House of Representatives for its consideration of the issues. It remains to be seen whether a consolidated Bill can be agreed between the Senate and the House of Representatives. It is generally accepted that securing overall agreement will remain a complex and challenging process.
During my recent visit to Washington DC on 11-12 July last, I held a series of meetings on Capitol Hill, including with key members of the House of Representatives and Senate, with the US Administration and with Irish-American community representatives. I reiterated the Government’s interest in all aspects of immigration reform and in particular our interest in seeing an overall agreement reached which provides relief for currently undocumented Irish migrants and a facility for future flows of legal migration between Ireland and the US.
I want to acknowledge the role played by our staff at the Embassy in Washington who have been following developments closely and building support for our objectives. I intend to make further contacts with key Congressional leaders in the course of my visit to New York later his month to address the UN General Assembly. I also wish to acknowledge the active role being played by a number of Irish community organisations, including the Ancient Order of Hibernians, the Chicago Celts for Immigration Reform and the Irish Lobby for Immigration Reform. I also intend to have further exchanges with these and other Irish-American community representatives while I am in New York later this month.
132. Deputy Joe Higgins asked the Minister for Finance the position regarding developers bonds worth €7,517,371 that were held in the now liquidated Irish Bank Resolution Corporation for housing estates in the Fingal Council area. [36992/13]
View answerI am advised that development bonds previously entered into by IBRC in favour of the various County Councils or local authorities remain in place unless expired. I have been advised by the Special Liquidators that in relation to any bonds/guarantees/indemnities entered into by IBRC in favour of the various County Councils, it is likely that any liabilities arising under the those bonds/guarantees/indemnities are contingent claims against IBRC Limited (in Special Liquidation) and such claims, if called upon, will most likely rank as unsecured claims in the special liquidation. Any local authority should contact the Business Management Team, IBRC, Grand Parade, Dublin 6 directly in respect of such claims should they arise. It must be stressed that these bonds are contingent liabilities and will only be called upon where developers breach planning conditions and are not in a position to meet any liability that arises as a result.
133. Deputy Bernard J. Durkan asked the Minister for Finance if he will consider amending the Taxes Consolidation Act (1997) to return to the original situation whereby patients who self-refer to physiotherapy may claim reimbursement for those expenses; and if he will make a statement on the matter. [37089/13]
View answer158. Deputy Bernard J. Durkan asked the Minister for Finance if he will consider amending the Taxes Consolidation Act (1997) to return to the original situation whereby patients who self-refer to physiotherapy may claim reimbursement for those expenses; and if he will make a statement on the matter. [37088/13]
View answerI propose to take Questions Nos. 133 and 158 together.
Section 469 of the Taxes Consolidation Act 1997 consolidated all previous legislation pertaining to relief for health expenses, in particular section 12 of Finance Act 1967 which introduced the relief in the first instance. That section also required that physiotherapy or similar treatment be prescribed by a practitioner before qualifying for relief. This requirement has, therefore, been part of the qualifying criteria since the introduction of relief for health expenses and I am advised by the Revenue Commissioners that guidance and instructions to staff have remained unchanged in this regard.
The position is, as I have stated on many occasions in the House, that this issue was raised during the debates in the Seanad on Finance Bill 2013, during which I agreed to re-examine the matter during the course of this year. My Department is currently in the process of examining the issue and when the analysis is completed and the findings are presented to me, I will make any necessary decisions in the context of Finance (No 2) Bill 2013.
134. Deputy Clare Daly asked the Minister for Finance if VAT will be levied on water charges when he introduces them. [37288/13]
View answerAt present, work is underway on the overall structure of Irish Water, its financial model and the treatment of its function for taxation. The outcome of this work will determine the VAT treatment of water charges.
135. Deputy Michael Healy-Rae asked the Minister for Finance the reason for the delay in implementing key legislation which will allow the Financial Services Ombudsman to have the power to name and shame misbehaving financial firms; and if he will make a statement on the matter. [37298/13]
View answerStatutory Instrument No 321 of 2013 commencing section 72 of the Central Bank (Supervision and Enforcement) Act 2013 was signed on 27 August 2013. The section came into effect on 1st September 2013. The Financial Services Ombudsman now has the power to name financial service providers which have at least three complaints against them substantiated or partly substantiated. This additional provision will mean that financial service providers which are failing their customers will be publically identified and incentivised to make real improvements. The Financial Services Ombudsman was consulted on the provisions of the legislation during its preparation and its passage through the Oireachtas. I understand that the Ombudsman intends to publish his first report with these details early in 2014.
136. Deputy Dominic Hannigan asked the Minister for Finance if he will outline the way a person who is employed by their own company and is then contracted out by this company to another company for a service pays the universal social charge since it it their company that is being paid for the work and not the person; and if he will make a statement on the matter. [37685/13]
View answerThe position is that the Universal Social Charge (USC) is a charge on the gross income of individuals if their gross income exceeds the USC threshold of €10,036 per annum. I assume that the Deputy is referring to the circumstances applicable to an individual who is a director of his or her own company. Such an individual is subject to tax under Schedule E on his or her salary from the company under the PAYE system. Income that is subject to the PAYE system constitutes relevant emoluments for the purposes of USC.
Where the services of the individual are being contracted out by his or her company to another company or business, and payment for those services is made by the second company or business to the individual’s own company, such payment is not subject to USC. An assumption underlying the situation referred to above is that the individual is not an employee of the company or business to which he is contracted. While this may be true in the generality of cases, it cannot be automatically assumed. The facts of each case will determine whether there is an implied contract of employment between the individual and the other company or business. Should it be determined that there is such a contract then any payment made would be subject to USC.
137. Deputy Dominic Hannigan asked the Minister for Finance if he will outline exactly on what income the universal social charge is payable; if persons from outside the State who are paid a fee to work here are liable for same; and if he will make a statement on the matter. [37686/13]
View answerThe Universal Social Charge (USC) is a charge on the gross income of individuals if their gross income exceeds the USC threshold of €10,036 per annum. It applies to gross income before deduction for the various tax incentives or reliefs such as pension contributions. In addition, it also applies to income sources that are exempt from income tax such as income of certain artists or income from woodlands. However, allowance is made for the deduction of normal expenses associated with a trade, including normal capital allowances.
There are some types of income which are not chargeable to USC, such as social welfare payments and other similar payments made by bodies such as the Health Service Executive. Those in receipt of such income are only liable to the USC to the extent that they have income from other sources which exceeds €10,036 per annum. Furthermore, persons resident in Ireland are liable to USC on their world-wide income. Persons who are not resident in Ireland are liable to USC on income arising here. Such persons may obtain double taxation relief in their country of residence in respect of USC paid. Full details regarding the USC including the sources of income which are exempt from the charge can be obtained on the Revenue Commissioners website at http://www.revenue.ie/en/tax/usc/index.html.
138. Deputy Brendan Griffin asked the Minister for Finance if he will divert a percentage of any taxes raised through consumption taxes on tobacco or high sugar or fat products towards an oral healthcare programme; and if he will make a statement on the matter. [37773/13]
View answerOn the question of earmarking revenue for specific purposes, as a matter of principle, I am opposed to the hypothecation of taxes as it reduces the flexibility of Government to prioritise and allocate funds as deemed necessary at a particular time. It is, however, important to note that to date there are no specific taxes on high fat or sugar products. With regard to diverting tax raised on tobacco products, the Deputy will be aware that there is an agreement in place for a number of years whereby €168 million from revenue on tobacco is transferred to the HSE for health-related purposes.
