Wednesday, 7 May 2014

Written Answers Nos. 21 - 36

Defence Forces Ombudsman

Questions (21, 23, 25)

Mick Wallace

Question:

21. Deputy Mick Wallace asked the Minister for Defence his plans to reform the office of the Ombudsman of the Defence Forces; and if he will make a statement on the matter. [20054/14]

Clare Daly

Question:

23. Deputy Clare Daly asked the Minister for Defence his views regarding the operation of the Ombudsman of the Defence Forces; and his views on whether this is a model which could be used by other State agencies. [20061/14]

Pádraig MacLochlainn

Question:

25. Deputy Pádraig Mac Lochlainn asked the Minister for Defence if he met with the Ombudsman for the Defence Forces this month as planned; and if he will provide an update on the meeting. [20050/14]

Written answers

Minister for Defence

I propose to take Questions Nos. 21, 23 and 25 together.

I met with the Ombudsman for the Defence Forces, Mr. Patrick Anthony McCourt on 16 April 2014 and discussed the caseload currently going through his office in addition to other general matters of interest. I was also updated on progress made to date on the publication of the 2012 and 2013 annual reports of the Ombudsman. Due to particular circumstances, relating to High Court proceedings arising during 2013, the Annual Report for 2012 of the ODF has not yet been published. The Ombudsman indicated that the 2012 report will be available by the end of June 2014 and the 2013 report will be published as soon as possible thereafter.

There are no plans at present for changes to the operation of the office of the Ombudsman for the Defence Forces. The office of the Ombudsman for the Defence Forces is well established. A number of administrative and systemic issues identified by the Ombudsman have been addressed by Defence management. This has contributed to improvements in procedures and policies within the Defence Forces. I am satisfied that the current system is working well.

The Ombudsman has full independence and autonomy in the discharge of his statutory functions. The primary role of the Ombudsman, which is provided for in the Ombudsman (Defence Forces) Act 2004, is to provide an independent appeals process for members of the Defence Forces. Such appeals arise where a complaint has been processed through the internal Defence Forces “Redress of Wrongs” process but the complainant remains dissatisfied, either with the outcome, or with the manner in which the complaint was handled. The 2004 Act also provides that, subject to certain conditions, the Ombudsman may accept complaints directly from former members of the Defence Forces.

Defence Forces Reorganisation

Questions (22)

Pádraig MacLochlainn

Question:

22. Deputy Pádraig Mac Lochlainn asked the Minister for Defence his plans to bring in changes to the system whereby personnel recruited after 1994 are disadvantaged compared to pre-1994 recruits in terms of the gratuity payment, pension arrangements and opportunities for promotion; and if he will make a statement on the matter. [20051/14]

Written answers

Minister for Defence

Enlisted personnel who joined the Permanent Defence Force (PDF) before April 2004, including the current cohort recruited since January 1994, have pension scheme terms that are regarded as among the most advantageous available in the Public Service generally. They are subject to the same pension scheme terms as their pre-January 1994 enlisted counterparts. However, they have different upper service limits depending on rank at discharge date. Their pension and gratuity are payable immediately on discharge after relatively short periods of service, and regardless of age. Someone enlisting at age 18 could on discharge after 21 years qualify for immediate retirement benefits at age 39. For those who joined the PDF on or after 1 April 2004 and before 1 January 2013, their pension arrangements are more in line with other Public Service pension schemes, e.g. benefits are based on total pensionable service and pensionable pay at retirement date. They have a ‘minimum pension age’ of 50. For those joining the PDF from 1 January 2013 onwards, the new Public Service Single Pension Scheme applies.

The position in relation to promotional opportunities for enlisted personnel is that they are promoted to fill rank vacancies in the establishment as provided for in the Defence Force Regulation (CS4) which outlines the numerical establishments and ranks of the Army, Naval Service and Air Corps. In the five years 2009 to 2013 inclusive, a total of 1,239 enlisted personnel were promoted to higher Non Commissioned rank.

A claim has been received from PDFORRA for a further review of the terms of service applying to personnel enlisting in the PDF after 1 January, 1994. In accordance with normal procedures the Association’s claim is being dealt with under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force. As the negotiation process with the Representative Association is very much on-going, and discussions are confidential to the parties involved, it would not be appropriate for me to comment on this issue at this time.

Question No. 23 answered with Question No. 21.

Question No. 24 answered with Question No. 12.

Question No. 25 answered with Question No. 21.

Military Aircraft Landings

Questions (26)

Mick Wallace

Question:

26. Deputy Mick Wallace asked the Minister for Defence in view of the increased movement of United States troops and arms into the region surrounding Ukraine and the Russian border, if he will consider authorising members of the Defence Forces to inspect US military aircraft transiting through Shannon Airport; and if he will make a statement on the matter. [20055/14]

Written answers

Minister for Defence

An Garda Síochána has the primary responsibility for law and order, including the protection of the internal security of the State. Among the roles assigned to the Defence Forces is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist Garda Síochána when requested to do so. There is ongoing and close liaison between Garda Síochána and the Defence Forces regarding security matters. The Defence Forces have deployed personnel to Shannon Airport, in response to requests for support from An Garda Síochána, since 5 February 2003. With regard to the request for consideration of inspections of aircraft, the Defence Forces have no responsibility for searching US Military aircraft that land at Shannon.

Defence Forces Reorganisation

Questions (27)

Seán Ó Fearghaíl

Question:

27. Deputy Seán Ó Fearghaíl asked the Minister for Defence if the reduction in the number of field engineer companies in the Defence Forces from three to two could hamper the fulfilment of core responsibilities in the assigned role of aid to the civil authority; and if he will make a statement on the matter. [20045/14]

Written answers

Minister for Defence

The primary roles of the Defence Forces Field Engineer Companies are to provide Combat Engineer support as part of an infantry brigade across all of the roles assigned by Government to the Defence Forces. The reorganisation of the Defence Forces in 2012 resulted in the reduction from three to two Infantry Brigades, with a consequential reduction from three to two Field Engineer Companies. The new Field Engineer Companies are larger than before, have increased proportions of technical personnel and are better equipped. These changes have mitigated the overall reduction in the number of Companies. Accordingly, I am satisfied that the current size and structure of the Field Engineer Companies is sufficient to fulfill all roles and responsibilities assigned to them.

Passport Applications

Questions (28)

Brian Walsh

Question:

28. Deputy Brian Walsh asked the Tánaiste and Minister for Foreign Affairs and Trade if a passport will issue in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [20409/14]

Written answers

Tánaiste and Minister for Foreign Affairs and Trade

I can confirm that there is no legal impediment to the person concerned receiving a passport on foot of the submission of a correctly completed passport application.

Overseas Development Aid

Questions (29)

Finian McGrath

Question:

29. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will support the UN millennium developmental goal aim that by 2015 all boys and girls will be able to complete primary schooling; and if he will tackle the child labour issue as a priority. [20448/14]

Written answers

Minister of State at the Department of Foreign Affairs and Trade

The second Millennium Development Goal aims for the achievement of universal primary education by the year 2015. Since the adoption of the Millennium Declaration at the UN in 2000, the world has made remarkable progress on investing in education. Between 1999 and 2009, the global school-aged population increased by 25% and primary school enrolment increased by 59%. However progress has not been uniform across the world and recent statistics show that it has slowed down since 2005. As of 2011, as many as 57 million children, 54% of them girls, remain out of school. Lower enrolment and primary school completion rates for girls remain a particular problem in sub Saharan Africa. Being a girl, coming from a conflict affected region, being disabled, and having to engage in child labour are identified as the main factors which work against children’s education.

Ireland recognises from our own history that improving access to quality education is central to efforts to reduce poverty and promote inclusive economic growth. A commitment to improving access to education, in line with the MDGs, is a central priority of the Irish Aid programme. In 2012, we allocated some €33.9 million to education programmes in developing countries. Ireland’s new policy on International Development, One World, One Future, reaffirms our commitment to education, and especially the importance of focusing on the education of girls and ensuring that improvements in education quality accompany efforts to increase access to education in developing countries.

Ireland’s strategy in supporting the achievement of the second MDG is to focus on the most marginalised communities and those that have been left behind to date. We support national governments in our partner countries to build sustainable education systems; we focus strongly on awareness-raising to address gender based violence in schools; we support the work of Non-Governmental Organisations in programmes to improve educational infrastructure and the school learning environment. Child labour, both domestic and industrial, is a major barrier to childhood development. Ireland provides substantial support to international efforts to eliminate child labour through Irish Aid’s assistance to the International Labour Organisation’s Programme on the Elimination of Child Labour.

Overall, Irish Aid is supporting the ’Decent Work Agenda’ of the International Labour Organisation (ILO) in a partnership programme that covers the four year period 2012-2015. The Programme on the Elimination of Child Labour is one of four priority focus areas for Irish Aid’s support to the ILO. During 2014 and 2015, our support will facilitate the ILO in its efforts at eliminating the worst forms of child labour from tobacco growing in Malawi and Zambia, quarrying in India, artisanal fishing in Ghana and stone-breaking in Benin.

Northern Ireland Issues

Questions (30)

Brendan Smith

Question:

30. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he has been in contact with the Secretary of State for Northern Ireland following her decision to reject the request of the families of 11 persons who were murdered in the Ballymurphy massacre for the establishment of a review panel to assess the evidence relating to the massacre. [20571/14]

Written answers

Tánaiste and Minister for Foreign Affairs and Trade

I spoke with the Secretary of State for Northern Ireland on 29 April to discuss this important matter. I expressed disappointment at her decision not to appoint a Hillsborough-style panel to review the Ballymurphy cases. I informed the Secretary of State that the families were very disappointed with her response. I recalled that the Taoiseach wrote to and then raised the matter directly with Prime Minister Cameron at their meeting on 11 March 2014. I also informed the Secretary of State that absent agreement on a new model for contending with the past, a poorly functioning HET and a severely backlogged Coroner’s Court, that in the Government’s view we should support reasonable and considered requests such as that made by the Ballymurphy families. I recalled that the Northern Ireland Executive Parties and both governments agree about the importance of addressing the needs of all victims.

I note the Secretary of State’s decision not to initiate a review of the La Mon case and wish to also recall at this time the suffering of the families of those killed and injured in that dreadful atrocity. Incidents such as Ballymurphy and La Mon must be dealt with. There is an urgent need for a comprehensive framework for dealing with the legacy of the past and the needs of those who have lost family members to violence must be to the forefront of that process.

Financial Services Regulation

Questions (31)

Finian McGrath

Question:

31. Deputy Finian McGrath asked the Minister for Finance in view of the judge’s remarks about the State agency leading the men into illegality, if he will examine the role of the regulator in the loans to the maple ten; and if he will make a statement on the matter. [20411/14]

Written answers

Minister for Finance

I take very seriously the Judge's comments regarding the role of certain individuals at the Irish Financial Services Regulatory Authority in the so-called Maple 10 case. As I stated in response to Question No. 13 of 8 April 2014, the system of financial regulation has been radically overhauled since the financial crisis. Furthermore, the Governor of the Central Bank last week appeared before the Committee on Finance, Public Expenditure and Reform and outlined the extensive changes introduced to the Central Bank since his appointment.

Notwithstanding these important changes, this Government has introduced legislation to allow for a Banking Inquiry into all of the issues which led to the collapse of the banking system. An important principle embodied in the legislation is the responsibility assigned exclusively to the Houses themselves for determining the requirement for an inquiry, initiating it and agreeing its terms of reference as well as its procedural and organisational aspects.  In the circumstances I do not wish to comment at this stage on what is essentially a matter for the terms of reference of the inquiry.

Property Tax Collection

Questions (32)

Michael McGrath

Question:

32. Deputy Michael McGrath asked the Minister for Finance the number of refunds that have been completed for second-hand home buyers who were incorrectly charged the local property tax in 2013; when the process will be completed; and if he will make a statement on the matter. [20408/14]

Written answers

Minister for Finance

The legislation governing the administration of Local Property Tax (LPT) provides for a number of exemptions from LPT, one of which is relevant to those who purchased a residential property during 2013. This relates to the exemption under section 8 of the Finance (Local Property Tax) Act 2012 (as amended), which is the exemption to which the Deputy refers. It was originally intended that this exemption would only apply to first-time buyers, however, the exemption was deemed by Revenue to benefit any buyer, not just a first-time buyer.

The relief is available to a person who purchased a second hand house in 2013 and occupies it as a sole or main residence. The exemption will apply up to the end of 2016, provided the purchaser does not sell or otherwise transfer ownership of the property and continues to live in it as his or her sole or main residence. Accordingly, there will be some occasions where a purchaser of a second hand property in 2013 will not qualify for the exemption, for example, where the property is being let by the purchaser.

Revenue has advised me that the section 8 exemption applies to a clearly defined group of property owners within three broad categories:

(1) Those that purchased a residential property between 1 January 2013 and 1 May 2013 and paid the 2013 LPT liability. These purchasers may be entitled to a refund of the 2013 payment and, subject to certain conditions, may be exempt for 2014 to 2016 LPT;

(2) Those that purchased a residential property between 2 May 2013 and 1 November where the purchaser paid the 2014 LPT liability. These purchasers may be entitled to a refund of the LPT for 2014 and, subject to certain conditions, may be entitled to an exemption for 2015 and 2016 LPT; and

(3) Those that purchased a residential property between 2 November 2013 and 31 December 2013. These purchasers, subject to certain conditions, may be entitled to an exemption for 2015 and 2016 LPT.

Revenue has made significant progress in identifying individuals who bought in 2013 and who may be entitled to claim the exemption. It is estimated that approximately 3,000 property owners may be entitled to relief under Section 8. Revenue has written to approximately 1,500 property owners and 600 claims to exemption have been submitted. It is evident, on foot of the contacts already made, that many individuals who purchased properties in 2013 do not meet the qualifying conditions for the relief.  Up to half of the claims received have resulted in refunds or in offset of some or all of the overpayment to the property owner's LPT liability (on another property) or to satisfy other tax liabilities.

Revenue will contact the remaining 1,500 individuals in the near future to invite them to submit claims to exemption should they qualify for relief.  Revenue has also advised that an accurate timeline for the completion of the process will only be available when those who are contacted respond by claiming the section 8 exemption for 2013 and/or 2014, as appropriate.

IBRC Loans

Questions (33, 34)

Stephen Donnelly

Question:

33. Deputy Stephen S. Donnelly asked the Minister for Finance following the conclusion of the recent trial of three former Anglo Irish Bank executives, if he will provide in tabular form the current status of each of the ten maple ten loans, specifically, the volume and value of loans 100% repaid to Anglo Irish Bank-Irish Bank Resolution Corporation; the volume and value of loans transferred to the National Asset Management Agency and subsequently 100% repaid; the volume and value of loans transferred to NAMA and sold by NAMA without 100% repayment; the approximate price obtained by NAMA; the volume and value of loans transferred to NAMA which remain unsettled and the amount outstanding; the volume and value of loans sold by the special liquidators of IBRC and the approximate price obtained; the volume and value of loans remaining at IBRC as part of the unsold €2 billion par value rump of loans; and in order to protect the privacy of the ten borrowers, if he will provide anonymised totals against each of the above categories. [20426/14]

Stephen Donnelly

Question:

34. Deputy Stephen S. Donnelly asked the Minister for Finance following the conclusion of the recent trial of three former Anglo Irish Bank executives if, from the point of view of the borrower, the loan facility terms of any of the maple ten loans were changed from 25% recourse to zero recourse, where the term 25% recourse means the borrower is personally liable to the lender for 25% of the sum borrowed in addition to being liable to offer up the entire asset purchased with the loan and where the term zero recourse means the maximum liability of the borrower to the lender is the entire asset purchased with the loan. [20427/14]

Written answers

Minister for Finance

I propose to take Questions Nos. 33 and 34 together.

I am advised by the Special Liquidators that they are not in a position to comment on individual cases and that the information requested is confidential and it would not be appropriate for the Special Liquidators to release such information.  I understand that a number of the loans concerned were transferred to NAMA by Anglo Irish Bank. I understand that under Section 202 of the NAMA Act the details of those loans cannot be disclosed as the debtors concerned are entitled to have this information kept confidential.

Carbon Tax Implementation

Questions (35)

Finian McGrath

Question:

35. Deputy Finian McGrath asked the Minister for Finance his views on reversing the decision to increase carbon tax, with particular consideration to the negative effect on suppliers in Border areas; and if he will make a statement on the matter. [20449/14]

Written answers

Minister for Finance

Although Carbon Tax was introduced in Budget 2010 for fossil fuels, its application to solid fuels was delayed to allow for the development of a robust mechanism to counter the large scale sourcing of coal from Northern Ireland where lower sulphur standards apply. The Department of the Environment undertook to provide such a robust mechanism in conjunction with the National Standards Authority of Ireland (NSAI). Such a mechanism is in place since June 2011 and the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 specify the environmental standards for coal placed on the market and provide the regulatory framework in relation to the distribution and sale of coal in the State. The application of the carbon tax to solid fuels was further postponed in 2012 given the overall tax increases in Budget 2012 including in the standard rate of VAT.

Budget 2013 commenced the application of carbon tax to solid fuels but I chose not to introduce the carbon tax on solid fuels until after the 2012/2103 winter period and opted to introduce the tax in two phases i.e. €10 per tonne of CO2 from 1 May 2013 and a further €10 per tonne of CO2 from 1 May 2014 thus bringing the carbon tax on solid fuels in line with that on all other fossil fuels i.e. at €20 per tonne of CO2. The introduction of Carbon Tax was about sending a price signal that there is a cost associated with the consumption of fossil fuels to the detriment of the environment. It should also be noted that solid fuels have the highest carbon content of all fossil fuels. As a result they are considered the dirtiest fuels and given the environmental impact it is important that they are taxed.

While tax increases are unpopular, where Member States are under fiscal pressure, it makes sense to increase taxes in areas where some benefits can arise; in this instance a carbon tax promotes energy efficiency, reduces emissions and reduces our dependence on imported fossil fuels. Accordingly I do not intend to reverse the further increase of €10 per tonne of CO2 emissions from 1 May 2014.

Universal Social Charge Application

Questions (36)

Joanna Tuffy

Question:

36. Deputy Joanna Tuffy asked the Minister for Finance if a couple, both aged over 70 years, are liable for the universal social charge on a British pension if their combined income is under €60,000 a year; and if he will make a statement on the matter. [20515/14]

Written answers

Minister for Finance

In the case of an individual who is aged 70 years or over and whose total income is €60,000 or less, universal social charge (USC) is charged at the rate of 2% on the first €10,036 and 4% on the balance of the income. USC is charged on the total income of each individual and the income of a couple is not aggregated for the purposes of USC and the thresholds at which it is charged. In general, an Irish resident in receipt of a pension from the UK is liable to pay USC on that income in Ireland.  The one exception is a UK pension that is similar to a social welfare pension in this State. Such a pension is not liable to USC and is not taken into account in arriving at the €10,036 threshold.