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Tuesday, 25 Feb 2014

Written Answers Nos. 212 - 238

IBRC Mortgage Loan Book

Questions (213)

Clare Daly

Question:

213. Deputy Clare Daly asked the Minister for Finance if he will address the situation of the 13,000 Irish Bank Resolution Corporation mortgage holders whose situation is very vulnerable in view of the fact the loans are being sold; and the steps he will take to ensure that these persons are protected. [9424/14]

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Written answers

It is important to highlight that the contractual terms and conditions of all customer mortgages and other borrowings have not changed as a result of the appointment of the Special Liquidators nor will those terms and conditions change as a result of the ultimate sale of these obligations to a third party. Purchasers of mortgage loans will be required to honour the legal terms of the loan agreements. Nonetheless I am fully aware of the concerns raised by the IBRC mortgage holders regarding continued protection under the Central Bank's Code of Conduct on Mortgage Arrears (CCMA) for those mortgage holders following the sale of the loan book by the Special Liquidators.

The Special Liquidators have, following due consideration, decided that the sale of the residential mortgage book in portfolios was the best method available to maximise market interest and returns within the timelines set out in the Ministerial Instructions. It was not possible for me to interfere in the sales process developed by the Special Liquidators to compel them to sell the residential mortgage portfolio to regulated entities as to do so would have had a negative impact on the return achievable by the Special Liquidators. Such action would have left me open to challenge by other creditors of the bank.

I am keenly aware that the potential loss of protection under CCMA is a source of great concern to the mortgage holders of the bank. The continued applicability of CCMA depends on the regulatory status of the ultimate acquirer of the IBRC portfolio which will not be known with certainty until that process is completed next month. However I have instructed my officials to examine the issue fully, in consultation with the Central Bank and the Attorney General's office with a view to bringing forward a solution if required.

While work is ongoing in that respect I also am pleased to note that some unregulated firms have already indicated that they intend to voluntarily adopt the CCMA in order to manage acquired loans as they believe that following CCMA is in the ultimate best interests for both the business and their customers. I fully expect that this would also be the case in the event that the IBRC portfolio was acquired by such organisations.

It is also important to note that in the event that NAMA acquire the IBRC residential mortgage book they will be mindful of their legal obligations and are likely to apply best practice in relation to CCMA, furthermore they have confirmed that no borrower will be in any worse a position.

IBRC Liquidation

Questions (214)

Pearse Doherty

Question:

214. Deputy Pearse Doherty asked the Minister for Finance his views on requesting independent individuals of any of the four major auditing and accounting firms to the main banks before and during the crisis to review the decision of the special liquidator of Irish Bank Resolution Corporation to initiate proceedings against a company (details supplied) for its role in auditing Anglo Irish Bank, but not to pursue another company (details supplied) for its role in auditing Irish Nationwide; and if he believes that the second company should be held to account for its perceived auditing failures of the Irish Nationwide accounts. [9457/14]

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Written answers

The primary duty of the Special Liquidators is to the creditors of IBRC and not to KPMG. I fully expect that the actions they take are taken in the best interests of the liquidation and I do not propose to intervene in matters such as these.

As this is a matter that is currently before the Courts i am not in a position to comment any further on it.

Bank Branch Closures

Questions (215)

Ciaran Lynch

Question:

215. Deputy Ciarán Lynch asked the Minister for Finance if he has had discussions with his counterpart in the UK regarding the largely State-owned RBS Bank and its plans for its subsidiary Ulster Bank; if it is intended to close branches and reduce staff and services here; and if he will make a statement on the matter. [9475/14]

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Written answers

The Deputy will be aware that following the review by the UK Treasury in Autumn 2013, RBS reaffirmed its commitment to the Irish market. RBS is currently reviewing the operations of Ulster Bank in Ireland with a view to creating a sustainable business model. My Department has engaged with the UK Treasury as part of the Treasury review and I also recently met with senior RBS executives regarding the outlook for the bank both here and in the UK.

I fully understand and appreciate the concerns of Ulster Bank employees but I must await the findings of the review before commenting further. It is expected that the findings of the review will be published by the end of February.

Financial Services Ombudsman

Questions (216)

Michael McGrath

Question:

216. Deputy Michael McGrath asked the Minister for Finance further to Parliamentary Question No. 235 of 18 February 2014, if a mortgage holder has the right to complain to the Financial Services Ombudsman in cases where their loan has been sold to an unregulated entity that states it is voluntarily complying with the code of conduct on mortgage arrears and the consumer feels that the entity is not actually abiding by the code; the other course of action that would be open to the consumer in such circumstances; and if he will make a statement on the matter. [9509/14]

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Written answers

One of the main roles of the Financial Services Ombudsman is to investigate, mediate and adjudicate complaints about the conduct of regulated financial service providers so a consumer who has a complaint about an unregulated entity cannot take this complaint to the Financial Services Ombudsman. Such a consumer would have recourse to the Courts in the usual manner.

As I said in my reply to which the Deputy refers, I understand that a number of the purchasers of mortgage loan books are abiding by the Central Bank Code of Conduct on Mortgage Arrears on a voluntary basis. I accept that this is not the same as the consumer having the right to the free service provided by the Financial Services Ombudsman but voluntary adherence to the Code seems to be in the interests of both the consumer and the purchasing entity.

Bank Branch Closures

Questions (217)

Seán Ó Fearghaíl

Question:

217. Deputy Seán Ó Fearghaíl asked the Minister for Finance if he will consider the concerns raised in correspondence (details supplied) regarding Royal Bank of Scotland; if he will raise these concerns with the British Chancellor of the Exchequer; and if he will make a statement on the matter. [9552/14]

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Written answers

My Department has received a number of representations from Ulster Bank employees and their representative organisation on this matter, similar to the letter provided by the Deputy. The Deputy will be aware that following the review by the UK Treasury in Autumn 2013, RBS reaffirmed its commitment to the Irish market. RBS is currently reviewing the operations of Ulster Bank in Ireland with a view to creating a sustainable business model. My Department has engaged with the UK Treasury as part of the Treasury review and I also recently met with senior RBS executives regarding the outlook for the bank both here and in the UK. I fully understand and appreciate the concerns of Ulster Bank employees but I must await the findings of the review before commenting further. It is expected that the findings of the review will be published by the end of February.

Departmental Staff Data

Questions (218)

Pearse Doherty

Question:

218. Deputy Pearse Doherty asked the Minister for Finance the number of staff currently seconded to his Department from external companies; the company from which each person is seconded and the role of each in his Department. [9573/14]

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Written answers

My Department currently has 18 staff seconded from external companies the breakdown of which is outlined as follows.

Organization seconded from

Role in Finance

Number

AIB

Specialist, Financial Stability, Risk and Communications Office

1

Irish Funds Industry

Specialist, Financial Services Division

1

RPA

Specialist, Project Management Office

1

NESDO

Specialist, Banking Division

1

NTMA

Specialist, Shareholding Management Unit

14

Total

18

Black Economy

Questions (219)

Damien English

Question:

219. Deputy Damien English asked the Minister for Finance if he will consider setting up an informal working group, to include, among others, representatives from the Office of the Revenue Commissioners, Members of the Oireachtas and representatives from his Department, to examine proposals to reduce the loss of revenue to the State from the impact of the illicit sale of goods; and if he will make a statement on the matter. [9619/14]

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Written answers

The illicit sale of goods and other shadow economy practices are matters that concern me greatly and I am very mindful of the loss of revenue to the State and the unfair competitive advantage to be gained by those businesses engaged in unregistered and illicit trading.  The Deputy will be aware that I introduced a range of measures in Finance (No. 2) Act 2013 which was specifically aimed at countering a number of shadow economy practices.  I am advised by the Revenue Commissioners that they are well advanced in a targeted implementation of the measures in question. I am also advised by the Revenue Commissioners that their tax and duty compliance programmes are under constant review to ensure that they are focussed on the areas of greatest risk, specifically risks from illicit traders who constitute part of the overall shadow economy. 

The Deputy may wish to note that Revenue chairs a working group, known as the Hidden Economy Monitoring Group (HEMG), which includes representatives from employer and business organisations, trade unions and other Government Departments and agencies.  The HEMG provides a forum for the various stakeholders to exchange views on the effectiveness of measures introduced in combating the hidden economy.  Regional and sectoral liaison groups have been established to facilitate greater local interaction between business and the relevant Government Departments and agencies.  Through these fora and bilateral engagement with business representative organisations, Revenue encourages the supply of useful specific information about shadow economy activity, and has expressed some disappointment at the poor engagement on this aspect.

Regarding Oireachtas members, it is open to any of the relevant Oireachtas Committees to examine matters appropriate to their remit and the sale of illicit goods, including illegal fuels, tobacco and counterfeit products, has been discussed with Revenue officials by a number of Oireachtas Committees in recent times.  For example, the Joint Committee on Health & Children has considered the question of illicit tobacco sales, and the Joint Committee on Transport & Communications has discussed the sale of illegal fuels.  Indeed, as you will be aware in your capacity as Chair, the Joint Committee on Jobs, Enterprise & Innovation has also examined wider shadow economy issues, including its impact on legitimate trade.

I am also advised by the Revenue Commissioners that the Chairman of the Revenue Commissioners, in her appearance before the Committee of Public Accounts last week in connection with the 2012 Annual Report of the Comptroller & Auditor General, was asked by the Chairman of the Committee to provide a report for the Committee on the current state of play concerning the sale of illegal fuels and tobacco.

I am satisfied that the whole subject of the illicit sale of goods and the consequent loss of revenue to the State is a major priority for my Department and for the Revenue Commissioners.  Having considered the Deputy's proposal, I believe that the setting up of an informal working group could be a useful additional initiative to complement the very important initiatives that I have already set out.  I have asked my officials to contact the Committee on Jobs, Enterprise and Innovation to discuss the arrangements for such an informal working group.

Tax Credits

Questions (220)

Michael McGrath

Question:

220. Deputy Michael McGrath asked the Minister for Finance the reason persons (details supplied) in County Cork are paying a higher amount of income tax in 2014; if there has been a change in tax credits for the couple in 2014; and if he will make a statement on the matter. [9636/14]

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Written answers

I am advised by the Revenue Commissioners that the couple's circumstances changed for 2014 resulting in reduced tax credits and hence a higher tax payment. The couple are jointly assessed and in receipt of both an occupational pension and taxable Department of Social Protection (DSP) payments.  The tax in respect of the DSP payments is collected through reduction of the tax credits allocated to the occupational pension. In 2013 both spouses were individually in receipt of (DSP) payments. One spouse was in receipt of €230.30 per week up to 27/6/2013 while the other spouse was receiving €172.70 per week. The latter person's DSP payment ceased on 27/6/2013, and was replaced from 28/6/2013 onwards by an increase in the other spouse's pension to €436.60 per week. The change from two payments to one had an effect on the combined tax credits.  When both had individual sources of income, they were each entitled to PAYE tax credits of €1,650 per spouse.  In 2014, since only one spouse is in receipt of pension income, only one PAYE credit of €1,650 applies. In addition the aggregate amount of DSP income for 2014 will be €22,703.20 compared with the combined DSP payments in 2013 of €21,863.20. The effect of this is that tax credits available are further reduced by €168 (€840 @ 20%) in order to collect the additional tax due on this increased income.  The total impact of the changes outlined is that tax credits for 2014 are reduced by €1,818 (being €1,650 in respect of the PAYE Credit and €168 in respect of the increased pension income).

Banking Sector

Questions (221)

Thomas Pringle

Question:

221. Deputy Thomas Pringle asked the Minister for Finance the progress made to date on the roll out of the standard bank account; the extent of involvement of An Post in the same; and if he will make a statement on the matter. [9713/14]

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Written answers

The Report on the Pilot project on the Standard Bank Account was published on my Department's website on 10 January last. The Pilot Project involved the 3 Irish retail banks - Allied Irish Banks, Bank of Ireland and permanent tsb. It is intended that those institutions will be involved in the roll out of the Standard Bank Account.  It will not necessarily be the case that the next phase of work on the Standard Bank account will be limited to these institutions and more extensive participation would be welcome to ensure that the broadest possible reach to the financially excluded can be achieved. 

The Financial Inclusion Working Group, chaired by my Department includes An Post together with stakeholders from other Government Departments, the Central Bank of Ireland, retail banks, the National Consumer Agency and voluntary sector organisations. The Report of the Working Group on the Pilot project noted the view of stakeholders that one of the key elements required as part of the preparations for a successful national roll-out of a Standard Bank Account is greater involvement by An Post and the credit unions.  This was seen as necessary to have the best possible channel for reaching the target cohorts. The Report also noted that barriers of existing infrastructure such as access to the clearing system had prohibited their more extensive involvement to date.  My Department is currently engaged in a series of bilateral discussions with the stakeholders in order to best determine next steps following the pilot.  The role of An Post is one of the issues which will be dealt with as part of this process.  

Fuel Laundering

Questions (222)

Frank Feighan

Question:

222. Deputy Frank Feighan asked the Minister for Finance if the Revenue Commissioners will take all the facts of a case into account regarding a person whose van was mistakenly filled with red diesel; and if he will make a statement on the matter. [9731/14]

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Written answers

I am advised by the Revenue Commissioners that they are committed to serving the community by fairly and efficiently collecting taxes and duties and implementing Customs controls. Any person who is detected using or keeping Marked Mineral Oil in a motor vehicle can submit, in writing, an outline of the circumstances giving rise to the detection. The matter will be investigated and the decision made will be based on a review of all the relevant information.

In the case of the person (details supplied), the facts presented to the Deputy have been passed on to the investigating officers who will contact the person concerned directly and investigate the matter based on all of the facts presented to them.

Pension Provisions

Questions (223)

Finian McGrath

Question:

223. Deputy Finian McGrath asked the Minister for Education and Skills if there will be another round of extensions for senior secondary school teachers this summer; if he will provide an update in this matter. [9664/14]

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Written answers

It is assumed that the Deputy is referring to subsection (1)(b)(ii) of section 9 of the Financial Emergency Measures in the Public Interest Act 2013, which allows the Minister for Public Expenditure and Reform to extend the "grace period" during which pension awards to persons who retire from public service jobs are protected against, in particular, the pay reductions applied under that Act. This grace period is due to expire on 31 August 2014. The Minister for Public Expenditure and Reform has not made any order extending the grace period, and it is not the Minister's policy to comment on the likelihood of any such extension.

Equality Issues

Questions (224)

Finian McGrath

Question:

224. Deputy Finian McGrath asked the Minister for Education and Skills if he will ensure that the Down's Syndrome (Equality of Access) Bill receives maximum support as soon as possible. [9353/14]

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Written answers

The Government did not oppose the Private Members Down Syndrome (Equality of Access) Bill 2013, at second stage. This Bill has now been referred to the Oireachtas Committee on Education and Social Protection. The NCSE report on Supporting Children with Special Educational Needs recommended that under a proposed new allocation model, all children, including those with Down syndrome, should be allocated additional resources in line with their level of need, rather than by disability category. The NCSE also recommended that, in the short-term, pupils with Down syndrome in the Mild General Learning Disability category should continue to be supported by schools' Learning Support allocation in the same way as other pupils with a Mild GLD. The NCSE Working Group charged with developing proposals for the new allocation model will bring its report to me before the end of the spring and any changes to the current allocation model will be considered in the light of the recommendations of that Group.

Teacher Exchange Scheme

Questions (225)

Dara Calleary

Question:

225. Deputy Dara Calleary asked the Minister for Education and Skills the number of teacher exchanges currently in place in primary schools around the country; and his plans to provide more service rights or panel rights to those participating on the schemes. [8883/14]

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Written answers

At primary level a teacher exchange scheme exists whereby a teacher may voluntarily exchange with a teacher in any other school. The minimum period for which an exchange may occur is one year and the maximum is five years. There are 25 exchanges involving 50 teachers currently in place in primary schools.Given that such exchanges are for a limited period of time, it is not appropriate for such teachers to have panel rights in respect of their new school. The exchange scheme was agreed under the auspices of the Teachers' Conciliation Council, a body established in accordance with the terms of the Conciliation and Arbitration Scheme for Teachers. The Council is composed of representatives from Teachers, School Management, the Department of Education and Skills and the Department of Public Expenditure and Reform, chaired by an official of the Labour Relations Commission. Any changes to the exchange scheme are therefore a matter for the Teachers' Conciliation Council.

School Enrolments Data

Questions (226)

Dominic Hannigan

Question:

226. Deputy Dominic Hannigan asked the Minister for Education and Skills the number of places that are available for children going into junior infants in each of the schools in a town (details supplied) in County Meath; if his Department has received any complaints of children being refused a junior infant place in a school; and if he will make a statement on the matter. [8892/14]

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Written answers

I wish to advise the Deputy that there are five primary schools in the town to which he refers offering a total of ten junior infants classes annually. My Department gave approval to two of the schools to enrol an additional Junior Infant class group in 2013-14 to cater for increasing enrolments. In addition, my Department approved grant aid to two of the schools to provide accommodation to host these additional pupil numbers. My Department has no record of receiving complaints relating to children being refused a Junior Infant place in the schools concerned.

Student Grant Scheme Appeals

Questions (227)

Joe Carey

Question:

227. Deputy Joe Carey asked the Minister for Education and Skills if he will provide an update on the independent panel appeal of a person (details supplied); and if he will make a statement on the matter. [8956/14]

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Written answers

Officials in my Department have confirmed that the student referred to by the Deputy has appealed the decision of the awarding authority to the independent Student Grants Appeals Board. The appeal was received by the Board on 4 February 2014 and will be heard within the timeframe set out in the Student Support Act 2011. The student will be notified directly of the outcome of the appeal.

School Enrolments

Questions (228)

Simon Harris

Question:

228. Deputy Simon Harris asked the Minister for Education and Skills the advice his Department will provide to the parents of a person (details required) in County Wicklow who has not been able to secure a place on the leaving certificate applied programme in their locality; and if he will make a statement on the matter. [8959/14]

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Written answers

The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Under section 15(2)(d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected. Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of an Educational Training Board (ETB) school to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

The Educational Welfare Service of the Child and Family Agency (EWS) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The EWS may be able to offer assistance and advice on securing a school placement within the pupil's area. The contact details for the EWS is Educational Welfare Service of the Child and Family Agency, Block 3, South Dublin County Council, Tallaght, Dublin 24, phone number 01-8738700. All schools have the names and contact details of their local Special Education Needs Organiser(SENO). Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Teachers' Remuneration

Questions (229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 242, 243)

Charlie McConalogue

Question:

229. Deputy Charlie McConalogue asked the Minister for Education and Skills the average salary paid to a female primary teacher in January 2014. [9028/14]

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Charlie McConalogue

Question:

230. Deputy Charlie McConalogue asked the Minister for Education and Skills the average salary paid to a male primary teacher in January 2014. [9029/14]

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Charlie McConalogue

Question:

231. Deputy Charlie McConalogue asked the Minister for Education and Skills the average salary paid to a female second level teacher in January 2014. [9030/14]

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Charlie McConalogue

Question:

232. Deputy Charlie McConalogue asked the Minister for Education and Skills the average salary paid to a male second level teacher in January 2014. [9031/14]

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Charlie McConalogue

Question:

233. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of teachers in receipt of an assistant principal allowance at primary level in January 2014. [9032/14]

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Charlie McConalogue

Question:

234. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of teachers in receipt of a special duties allowance at primary level in January 2014. [9033/14]

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Charlie McConalogue

Question:

235. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of teachers in receipt of an assistant principal allowance at second level in January 2014. [9034/14]

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Charlie McConalogue

Question:

236. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of teachers in receipt of a special duties allowance at second level in January 2014. [9035/14]

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Charlie McConalogue

Question:

237. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of principal teachers in receipt of an allowance for acting as secretary to the board of management at primary level. [9036/14]

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Charlie McConalogue

Question:

238. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of principal teachers in receipt of an allowance for acting as secretary to the board of management at post-primary level. [9037/14]

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Charlie McConalogue

Question:

242. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of posts filled by teachers who are job sharing at primary level. [9041/14]

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Charlie McConalogue

Question:

243. Deputy Charlie McConalogue asked the Minister for Education and Skills the number of posts filled by teachers who are job sharing at post-primary level. [9042/14]

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Written answers

I propose to take Questions Nos. 229 to 238, inclusive, and 242 and 243 together.

The information as requested by the Deputy is not immediately available. The details will be forwarded directly to the Deputy when compiled.

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