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Wednesday, 28 May 2014

Written Answers Nos. 47-67

Vehicle Registration

Questions (47)

Michael Lowry

Question:

47. Deputy Michael Lowry asked the Minister for Finance the steps he will take to streamline the registration process for camper vans; if his attention has been drawn to the difficulties and delays being faced by dealers as a result of their being unable to register the vehicle themselves online; if his attention has been drawn to the fact that these dealerships are losing valuable business as a result of the delays; and if he will make a statement on the matter. [23430/14]

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Written answers

I am informed by the Revenue Commissioners that dealers can register vehicles, including camper vans, online through the Revenue On-line Service (ROS).  The online process is the same for all vehicles and can be carried out for new vehicles where vehicle details are uploaded in advance (the "birth cert" system) or, for previously registered vehicles, where the vehicle details are uploaded following a pre-inspection by the National Car Testing Service.  In both cases, a dealer can register a vehicle immediately on making a sale using this system.  

Because of a lack of volume in camper van registrations and a significant degree in variation in vehicle specifications, Revenue has to value many of these vehicles on a case by case basis and provide a vehicle specific valuation code to be used when registering the vehicle. These codes had a lifespan of 50 days and it was brought to Revenue's attention earlier this year that the time limit was too short and that as a result dealers were experiencing delays in registering camper vans. Following a review, Revenue has extended the period of validity of these codes to 150 days.  

The Commissioners have informed me that any dealer with questions about valuation codes for camper vans and their online registration should contact the Office of the Revenue Commissioners, Central Vehicle Office, Rosslare Harbour, Rosslare, Co. Wexford, e-mail cvoffice@revenue.ie. If correspondence relates to a specific vehicle the secure email system should be used. Details are contained at: http://www.revenue.ie/en/online/secure-email.html.

Household Charge Administration

Questions (48)

Terence Flanagan

Question:

48. Deputy Terence Flanagan asked the Minister for Finance the action that has been taken against those who did not pay the household charge; and if he will make a statement on the matter. [23449/14]

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Written answers

I am advised by Revenue that with effect from 1 July 2013, Section 156 of the Finance (Local Property Tax) Act 2012 (as amended) converted Household Charge (HHC) to Local Property Tax (LPT), increased all outstanding liabilities to €200 and made Revenue responsible for collection of those outstanding amounts. As part of the handover of responsibility, Revenue received the HHC database from the Local Government Management Agency (LGMA) and carried out a comprehensive data matching exercise with its own LPT Property Register. The data matching exercise produced a list of properties in respect of which the HHC did not appear to be paid.

Once the 'unpaid' cases were identified, Revenue announced a compliance campaign including a six week window to 31 March to allow people get both their HHC and LPT affairs in order. The six week window included a commitment that interest and penalties would not be applied against any person who met their obligations during that timeframe. The window and the consequences of continued non-compliance were very extensively advertised on both national and local media outlets and many people availed of the opportunity to bring their property tax affairs up to date.

On 17 April 2014, Revenue began writing to the owners of approximately 274,000 properties who did not bring their affairs up to date during the six week window. The notices clearly warned of the consequences of continued non-compliance and outlined the steps that needed to be taken in regard to making payment or updating the records where no payment was due on foot of exemptions/waivers. Since assuming responsibility for HHC Revenue has received payments in respect 112,000 properties, of which 102,000 were received since the compliance programme started. Revenue has also received in excess of 70,000 items of correspondence since the compliance programme started, of which approximately 30,000 remain to be answered.

Revenue expects to have the correspondence backlog cleared in the next few weeks and be in a position to commence debt recovery action against property owners who have still not paid at that point. The actions to be deployed will include mandatory deduction from employment income for PAYE workers, or from occupational pensions or certain Government payments where appropriate. Actions applicable in the case of self-assessed taxpayers, some of which have already been deployed, include withholding of Tax Clearance certification, surcharges on Income Tax, Corporation Tax and Capital Gains Tax returns and withholding/offset of any other tax refunds. Revenue will also deploy its standard enforcement options including referral to a Sheriff or Solicitor for collection or Attachment where it is appropriate to do so. Interest on late payment, at a rate of 0.0219% per day, may also be included in any enforcement action, which will be calculated from the date the tax was due (1 July 2013 for HHC) up to the date payment is made.  Where any unpaid HHC/LPT attaches to a property, a person will not be able to sell or transfer it without paying the liability including any interest and penalties that may be due.

Finally, Revenue has confirmed to me that there is still time for property owners to pay any outstanding HHC/LPT liabilities in advance of debt collection/enforcement activity starting and I would strongly advise property owners to avail of the opportunity thereby avoiding further unnecessary expense through costly enforcement charges.

Public Sector Staff

Questions (49)

Pearse Doherty

Question:

49. Deputy Pearse Doherty asked the Minister for Finance if there have been any reports or incidents of applicants for competitions for posts in the Revenue Commissioners obtaining advanced access to tests; and if he will make a statement on the matter. [23446/14]

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Written answers

This is a matter for the Revenue Commissioners.  I am advised by the Commissioners that they are currently conducting an internal competition for promotion to Executive Officer.  Stage 1 of this competition involved online testing of verbal and numerical reasoning.  This stage was used to produce a shortlist for an interview to determine suitability for promotion.

The Civil Public and Services Union (CPSU) raised an issue with Revenue of a potential isolated incident of advance access to the tests in stage 1.  Revenue takes this matter very seriously and a full investigation has been launched.  Revenue has also requested the Commission for Public Service Appointments to undertake an audit of this competition on its completion.

Strategic Banking Corporation of Ireland Establishment

Questions (50)

Pearse Doherty

Question:

50. Deputy Pearse Doherty asked the Minister for Finance if and when the Strategic Banking Corporation of Ireland will receive a banking licence. [23456/14]

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Written answers

In order to expedite the flow of credit to SMEs and not delay the establishment of the Strategic Banking Corporation of Ireland (SBCI) the Government intends to establish the SBCI in such a way that it can commence operations without the need for a banking licence. However, it will be set-up initially with flexibility to expand its operations and also to adjust its model and structure. This approach, therefore, does not preclude the SBCI from applying for a banking licence in the future should a definitive need for such a licence emerge as the operations of the company expand.

IBRC Liquidation

Questions (51)

Jim Daly

Question:

51. Deputy Jim Daly asked the Minister for Finance if he will confirm the arrangement for customers of Irish Bank Resolution Corporation who have partial draw-down of funding remaining on contracted mortgages; and if he will make a statement on the matter. [23457/14]

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Written answers

I have been advised by the Special Liquidators that they will not be commenting on individual cases. The day to day lending decisions of IBRC are a commercial matter for the Special Liquidators of the bank and I have no role in the matter.

Central Bank of Ireland

Questions (52)

Michael McGrath

Question:

52. Deputy Michael McGrath asked the Minister for Finance if he will set out in tabular form the dividend received by the State from the Central Bank of Ireland in each year from 2005 to 2013; and if he will make a statement on the matter. [23504/14]

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Written answers

The surplus income of the Central Bank is paid to the Department of Finance in the year following that in which the income was realised, once the Central Bank's Annual Statement of Accounts has been approved.

Central Bank Income

-

Year received

€000

2005

103,022

2006

109,181

2007

98,496

2008

192,816

2009

290,054

2010

745,496

2011

671,029

2012

958,343

2013

1,147,628

Semi-State Bodies

Questions (53)

Michael McGrath

Question:

53. Deputy Michael McGrath asked the Minister for Finance the current credit rating of all commercial semi-State bodies operating under the aegis of his Department; and if he will make a statement on the matter. [23514/14]

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Written answers

In response to the Deputy's question, my Department does not have any commercial semi States operating under its aegis.

Tax Credits

Questions (54)

Ciaran Lynch

Question:

54. Deputy Ciarán Lynch asked the Minister for Finance if consideration has been given to extending joint assessment for tax credits to cohabiting couples with dependants; and if he will make a statement on the matter. [23523/14]

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Written answers

The position is that where a couple is cohabiting, rather than married or in a civil partnership, they are treated as separate and unconnected individuals for the purposes of income tax.  Each partner is a separate entity for tax purposes and, therefore, cohabiting couples cannot file joint assessment tax returns or share their tax credits and tax bands in the same manner as married couples.

The basis for the current tax treatment of married couples derives from the Supreme Court decision in Murphy vs. Attorney General (1980), which held that it was contrary to the Constitution for a married couple, both of whom are working, to pay more tax than two single people living together and having the same income.  However, a cohabiting couple where both partners are working get, in total, the same tax credits as a married couple or couple in a civil partnership (i.e. €3,300).  In addition, the same amount of income is subject to tax at the 20% rate (i.e. €32,800 each).  This equates to the €65,600 threshold in the case of a married couple or couple in a civil partnership. If both cohabitants earn in excess of the standard rate band (i.e. €32,800), then they both pay tax at 41% on any income in excess of €32,800.  Married couples or couples in a civil partnership where both individuals work get the same treatment. The difference between the two groups in relation to income tax is the ability of married couples or civil partners to transfer certain tax credits such as the personal/married credits and part of the tax bands, i.e. the tax band of €65,600 available to married couples or couples in a civil partnership with two incomes in 2013 is transferable between spouses up to a maximum of €41,800.  This is of benefit where one of the individuals earns less than the 20% tax threshold of €32,800 or where one of the individuals has no income.

To the extent that there are differences in the tax treatment of the different categories of couples, such differences arise from the objective of dealing with different types of circumstances while at the same time respecting the constitutional requirements to protect the institution of marriage.  Any change in the tax treatment of cohabiting couples can only be addressed in the broader context of future social and legal policy development in relation to such couples.

Autism Support Services

Questions (55)

Mattie McGrath

Question:

55. Deputy Mattie McGrath asked the Minister for Education and Skills the State's current statutory obligations regarding the provision of educational services for children and young adults clinically diagnosed with autism and Asperger's syndrome; and if he will make a statement on the matter. [23439/14]

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Written answers

The statutory obligations in relation to the provision of educational services for children and young adults with special educational needs including those with a clinical diagnosis of Autism and Aspergers syndrome are primarily set out under the Education Act (1998) and the Education for Persons with Special Educational Needs (EPSEN) Act 2004. My Department's policy is focused on ensuring that all children, including those with autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network. The policy is to provide for children with special educational needs, including autism, to be included in mainstream schools unless such a placement would not be in their best interests or the interests of the children with whom they are to be educated. Some children may be supported in a special class attached to a mainstream school. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. The National Council for Special Education (NCSE) is currently preparing Policy Advice on the Educational Provision for Children with Autism Spectrum Disorders. The NCSE has advised my Department that the Policy Advice will be delivered in the spring of 2015 and will draw upon findings gathered from an extensive consultation process which has already commenced. I expect that the NCSE final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years.

Schools Building Projects Status

Questions (56)

Charlie McConalogue

Question:

56. Deputy Charlie McConalogue asked the Minister for Education and Skills the current position regarding the proposed building project for a school (details supplied); if his Department has signed off on the designs for the building project: if the school-VEC has been given permission to commence the process of securing statutory permissions, including planning permission; when the project will be given approval to move to the next stage; when building work is likely to commence on the project; and if he will make a statement on the matter. [23424/14]

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Written answers

I wish to advise the Deputy that my Department has provided a revised Schedule of Accommodation to the school's Patron and a response is awaited. Once received, the schedule will then issue to the Design Team who will be authorised to complete the Stage 2(a) report for submission to my Department. On the satisfactory completion of this report and subject to no issues arising, the project will be authorised to progress to Stage 2(b) which includes the applications for Planning Permission, Fire Safety and Disability Access Certification. It is not possible at this point to indicate when building works are likely to commence. School building projects, including the project referred to by the Deputy, which have been previously initiated but not included in the current five year construction programme will continue to be progressed to final planning stages in anticipation of the possibility of further funds being available to my Department in the future.

School Enrolments

Questions (57, 67)

Luke 'Ming' Flanagan

Question:

57. Deputy Luke 'Ming' Flanagan asked the Minister for Education and Skills the reason his Department has failed to cater for the increased demand at a school (details supplied) in County Sligo for places at infants class, when the stated aim of this Government is to promote the active usage of the Irish language; his views on whether such a failure is a missed opportunity to have more Irish persons begin their learning in the medium of Irish rather than English; and if he will make a statement on the matter. [23429/14]

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Thomas P. Broughan

Question:

67. Deputy Thomas P. Broughan asked the Minister for Education and Skills the supports being provided by his Department to a school (details supplied) in County Sligo to address the lack of appropriate accommodation for children wishing to attend the school. [23537/14]

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Written answers

I propose to take Questions Nos. 57 and 67 together.

My Department has received an application from the gaelscoil to which the Deputy refers to expand from a single to a two stream school i.e. from an 8 classroom to a 16 classroom school. As the Deputies will be aware, the over-riding objective of Education capital expenditure is to meet the demographic challenge facing the education system. A priority therefore for my Department is to ensure that schools in an area can, between them, cater for all pupils seeking places and avoid a position where the development of one school may impact negatively on other schools in the area. To assess further the pupil enrolment trends in the Sligo area, my Department has contacted the school authorities of the 13 primary schools in the Sligo area in relation to pupil enrolment data including information on school pre-enrolments for the 2014/2015 academic year. This data, when obtained and reviewed, will also assist my Department further in assessing the issue of overall demand for education through the medium of Irish. My Department also intends to meet with the school authority in question this week to discuss the matter further.

School Staffing

Questions (58)

Mick Wallace

Question:

58. Deputy Mick Wallace asked the Minister for Education and Skills if his attention has been drawn to a school (details supplied) in County Wexford which has been without a principal for more than two years; if his Department has taken any action on this matter; and if he will make a statement on the matter. [23463/14]

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Written answers

In accordance with Department Circular 60/2009 and Section 24(3) of the Education Act (1998), where circumstances warrant, a teacher may be placed on Administrative Leave by the school pending an investigation, or pending the outcome of an investigation. My Department is in regular contact with the school authorities with a view to having matters finalised by the school as quickly as possible. Pending the outcome of investigations my Department has sanctioned the Deputy Principal to act as Principal.

School Enrolments

Questions (59)

Jerry Buttimer

Question:

59. Deputy Jerry Buttimer asked the Minister for Education and Skills the reason a person (details supplied) in County Cork cannot enrol in their local school; if the decision will be reviewed; and if he will make a statement on the matter. [23465/14]

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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. Application forms for taking a section 29 appeal are available on my Departments website at the following link: http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, Co. Westmeath, phone 0761 108584.

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, Heritage Business Park, Bessboro Road, Mahon, Cork, phone number 021-4536314.

Third Level Fees

Questions (60)

Seán Fleming

Question:

60. Deputy Sean Fleming asked the Minister for Education and Skills the basis of the fees that are required to be paid by persons who are involved in an official apprenticeship scheme and are required to attend a college, such as Cork Institute of Technology or other colleges, for a 13-week period and are charged €913 in fees for college and exam results, notwithstanding their low income as they are still on the apprentice scheme; and if he will make a statement on the matter. [23486/14]

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Written answers

The Annual Student Contribution is levied on apprentices and students attending Institutes of Technology. This contribution has been levied by Institutes of Technology in respect of apprentices since 2004, with FÁS/SOLAS paying 70% of the contribution and apprentices themselves paying the remainder. As part of Budget 2014, SOLAS will cease making this payment to the Institutes of Technology and apprentices themselves will pay the full pro rata Annual Student Contribution. From January 2014 up to the end of the academic year in June, apprentices will be due to pay €833 (1/3 of €2,500) per typical attendance block of 10 weeks. The exam fee is included in this payment. Apprentices will pay the same contribution as students, apportioned for the time they spend in the Institutes. Apprentices are paid a training allowances by SOLAS for phases of their training spent in Institutes of Technology. This allowance is equivalent to the wages they receive from their employers for on the job phases and is unaffected by the budgetary changes.

Emergency Works Scheme Eligibility

Questions (61)

Joe Carey

Question:

61. Deputy Joe Carey asked the Minister for Education and Skills if he will respond to a query (details supplied) regarding emergency funding; and if he will make a statement on the matter. [23505/14]

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Written answers

As the Deputy may be aware all school buildings that are not covered by state indemnity are required to adequately insure their school premises including insurance for storm damage. Accordingly, any damages caused during the recent bad weather would be a matter for schools' insurers. As the scope of works as outlined by the Deputy is outside the terms of the Emergency Works Scheme it cannot be considered for emergency funding.

Semi-State Bodies

Questions (62)

Michael McGrath

Question:

62. Deputy Michael McGrath asked the Minister for Education and Skills the current credit rating of all commercial semi-State bodies operating under the aegis of his Department; and if he will make a statement on the matter. [23512/14]

View answer

Written answers

For the Deputy's information there are no commercial semi-state companies under the aegis of my Department. Details of non commercial agencies under the remit of my Department can be downloaded from the Department's website. http://www.education.ie/en/The-Department/Agencies/.

Pupil-Teacher Ratio

Questions (63, 64, 65)

Seán Fleming

Question:

63. Deputy Sean Fleming asked the Minister for Education and Skills the number of pupils needed in a school to have two mainstream teachers; the changes made to this pupil-teacher ratio in each of the past five years; and if he will make a statement on the matter. [23522/14]

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Seán Fleming

Question:

64. Deputy Sean Fleming asked the Minister for Education and Skills the number of pupils needed in a school to have three mainstream teachers; the changes made to this pupil-teacher ratio in each of the past five years; and if he will make a statement on the matter. [23524/14]

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Seán Fleming

Question:

65. Deputy Sean Fleming asked the Minister for Education and Skills the number of pupils needed in a school to have four mainstream teachers; the changes made to this pupil-teacher ratio in each of the past five years; and if he will make a statement on the matter. [23525/14]

View answer

Written answers

I propose to take Questions Nos. 63 to 65, inclusive, together.

The criteria used for the allocation of teachers to primary schools is published annually on the Department website. The staffing arrangements for the 2014/15 school year (Circular 0007/2014) were published on 24 January, 2014. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing schedule currently operates on the basis of a general average of 1 classroom teacher for every 28 pupils with lower thresholds for DEIS Band 1 schools. The following table sets out the number of pupils required for a school to have 2, 3 and 4 classroom teachers over the period sought by the Deputy.

School

Year

Year

Year

Year

Year

Size of school

2010

2011

2012

2013

2014

2-classroom school

12

12

14

17

20

3-classroom school

49

49

51

54

56

4-classroom school

81

81

83

85

86

As part of the Budget 2012 decisions, there is a phased increase in the number of pupils required to gain and retain a classroom teaching post in small primary schools with four teachers or less. The first phase of the budget measure took effect from September 2012. The final phase of the budget measure takes effect from September 2014. My Department has expanded the existing appeals process so that it is accessible to the schools that are affected by the budget measure. In this regard small schools will not lose their classroom post if they are projecting sustainable increased enrolments in September 2014 that would be sufficient to allow them to retain their existing classroom posts over the longer term. The detailed arrangements in relation to the appeals process are set in the Department's Staffing Circular 0007/2014. The Appeals Board operates independently of the Department and its decision is final.

School Transport Eligibility

Questions (66)

Seán Fleming

Question:

66. Deputy Sean Fleming asked the Minister for Education and Skills if he will arrange for the necessary school transport or taxi escort service for a child with autism to a school (details supplied) in County Laois; and if he will make a statement on the matter. [23533/14]

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Written answers

Children with special educational needs are eligible for school transport if they are attending the nearest recognised: mainstream school, special class / special school or a unit, that is or can be resourced, to meet their special educational needs under Department of Education and Skills' criteria. Bus Éireann has advised my Department that the child in question was availing of school transport. Children who are eligible for transport retain their eligibility while they remain enrolled in the special class/special school or unit, provided there is no change in their circumstances. Children who move to a different school are required to submit a new application for school transport; this application will be processed in accordance with the terms of the relevant scheme.

Question No. 67 answered with Question No. 57.
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