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Wednesday, 19 Feb 2014

Written Answers Nos. 86-92

Property Tax Application

Questions (86)

Barry Cowen

Question:

86. Deputy Barry Cowen asked the Minister for Finance if he has considered a 15% reduction in the local property tax rate across the board. [8479/14]

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Written answers

The central national rates of LPT are 0.18% on values up to €1 million and 0.25% on any excess over €1 million. When I introduced the Finance (Local Property Tax) Bill to the House, I stated that  the central rate would not vary for the lifetime of this Government. I have not considered any variation from this position.

Tax Rebates

Questions (87)

Michael McGrath

Question:

87. Deputy Michael McGrath asked the Minister for Finance the position regarding a tax refund in respect of a person (details supplied) in Dublin 22. [8487/14]

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Written answers

I am advised by the Revenue Commissioners that following clarification of the pay and tax details of the person in question, they are now in position to make the tax refund. A PAYE Balancing Statement for the year 2007 has now issued to the person concerned and a cheque in respect of the refund will follow shortly.

Tote Licences

Questions (88)

Anthony Lawlor

Question:

88. Deputy Anthony Lawlor asked the Minister for Finance further to Parliamentary Question No. 50 of 5 February 2014, if only one application for the renewal of the licence for the tote was received by his Department; if he will provide details surrounding the application process and if the renewal was up for public tender; and if he will make a statement on the matter. [8496/14]

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Written answers

As the Deputy will be aware from a previous answer given to a PQ on this topic on 5th February, to date only two bodies are licensed under the Totalisator Act of 1929 to operate a tote (Bord na gCon and Horse Racing Ireland).  The primary purpose of this arrangement is to fund the horse and greyhound industry in Ireland.

The licence for Tote Ireland (operated by Horse Racing Ireland) is due to expire this year and one application for renewal of that licence has been received by my Department and is under active consideration.  As pointed out in the PQ on 5th February, the operation of the tote is to be reviewed in the context of the forthcoming Gambling Control Bill which is currently under preparation by my colleague the Minister for Justice and Equality.

Banking Sector

Questions (89, 90, 91, 92)

Pádraig MacLochlainn

Question:

89. Deputy Pádraig Mac Lochlainn asked the Minister for Finance if a citizen cannot make a complaint against a person working in a bank or a bank to the regulator even where the complaint involves criminality. [8497/14]

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Pádraig MacLochlainn

Question:

90. Deputy Pádraig Mac Lochlainn asked the Minister for Finance if a fine is levied on a person or a financial institution by the regulator while implementing the administrative sanctions procedure then immunity from criminal prosecution is automatically granted even where it has evidence that criminality has taken place. [8498/14]

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Pádraig MacLochlainn

Question:

91. Deputy Pádraig Mac Lochlainn asked the Minister for Finance if a person approaches the regulator with instances of wrongdoing in a bank even where it involves criminality or wrongdoing that has been perpetrated against them, the person will be informed that because the regulator is bound by the strict professional secrecy provisions in the 1942 Central Bank Act they cannot be informed whether the matter has been investigated or the outcome of any investigation. [8499/14]

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Pádraig MacLochlainn

Question:

92. Deputy Pádraig Mac Lochlainn asked the Minister for Finance when a whistleblower comes forward with information in relation to wrongdoing in a bank that in accordance with the administrative sanctions procedure does the regulator inform the bank that it is aware that it is engaged in wrongdoing and order it to stop. [8500/14]

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Written answers

I propose to take Questions Nos. 89 to 92, inclusive, together.

There is no impediment on any person from making any complaint to the Central Bank about a bank or an employee of a bank. The Central Bank may not, however, in every instance be the most appropriate authority to whom the compliant should be made. This will depend on the subject matter of the complaint.

Pursuant to Section 33AT of the Central Bank Act 1942, if the Central Bank imposes a monetary penalty in accordance with Section 33AQ or 33AR of the 1942 Act and the prescribed contravention in respect of which the sanction is imposed is an offence under a law of the State, the financial service provider or person concerned in its management is not liable to be prosecuted or punished for the offence under that law.

Conversely, the Central Bank may not impose a monetary penalty on a financial service provider, or on a person concerned in the management of the financial service provider, in accordance with Section 33AQ or 33AR, if-

- the financial service provider or other person has been charged with having committed an offence under a law of the State and has either been found guilty or not guilty of having committed the offence, and

- the offence involves a prescribed contravention.

In this context, it should be noted that, pursuant to Section 33AK of the Central Bank Act 1942, the Central Bank must report to the appropriate body, including the Garda Síochána, the Revenue Commissioners, the Director of Corporate Enforcement and the Competition Authority, any information relevant to that body that leads the Central Bank to suspect that a criminal offence may have been committed by a supervised entity or a supervised entity may have contravened a provision of an Act to which Section 33AK(3)(a)(vi) applies.  In fulfilment of its obligations under Section 33AK of the Central Bank Act 1942, the Central Bank regularly liaises with other authorities. Also, the Central Bank has, on a number of occasions, publicly announced that it has suspended an on-going investigation under the 1942 Act in circumstances where further pursuing the investigation at the relevant stage risked prejudicing an on-going criminal investigation by the Garda Síochána.

The Central Bank is under no obligation to disclose the progress or outcome of an investigation to a complainant or whistleblower. In investigating a matter, the Central Bank is mindful of the rights of third parties, and the need to avoid prejudicing an investigation. Furthermore, the Central Bank is subject to the confidentiality obligations set out in Section 33AK of the Central Bank Act 1942.

Part 5 of the Central Bank (Supervision and Enforcement) Act 2013, Protection for Persons Reporting Breaches, and Part IIIC of the Central Bank Act 1942, the Administrative Sanctions Procedure, are entirely separate and distinct.Where information is received by the Central Bank from a whistleblower, that information is assessed and appropriate action will be taken by the Central Bank on foot of that information.

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