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Wednesday, 17 Dec 2014

Written Answers Nos. 57-65

Fuel Laundering

Questions (57)

Gabrielle McFadden

Question:

57. Deputy Gabrielle McFadden asked the Minister for Finance the number of complaints of petrol-stretching in Counties Westmeath and Longford, received by the Customs and Excise in each of the months since May 2014; the number which were investigated; the number which are ongoing in each county; and if he will make a statement on the matter. [48723/14]

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Written answers

I am advised by the Revenue Commissioners, who are responsible for tackling fuel fraud, that they are very aware of the risks posed to consumers' vehicles, legitimate businesses and the exchequer by all forms of such fraud.

Revenue has, over the recent past, received reports from a variety of locations around the country of problems relating to petrol quality, and suggestions that these problems are attributable to petrol stretching. Revenue investigates all complaints of this kind and Revenue officers have visited and taken samples from every filling station about which a complaint has been made about fuel contamination, and these samples have been referred to the State Laboratory for analysis.

I am advised by the Revenue Commissioners that the numbers of complaints of this kind received by Revenue relating to counties Westmeath and Longford in the period since May 2014 is 10, comprised of 2 in September, 3 in October and 5 in November. An analysis of the complaints on a county basis is set out in the following table.  Enquiries into these complaints are on-going.

Complaints Received in Relation to Petrol Stretching

County

May

June

July

August

Sept

October

November

December

(to 12th)

Westmeath

0

0

0

0

2

2

3

0

Longford

0

0

0

0

0

1

2

0

 

Normally when 'fraudsters' attempt to stretch petrol, they add methanol, kerosene or other low excise duty agents. To date, 208 samples have been referred by Revenue to the State Laboratory for analysis. Despite extensive testing by the State Laboratory, no evidence of any prohibited stretching agent has been found in any of the samples, except two samples taken from one site. The conclusive results received in that particular case has resulted in the seizure of the product and a file is being prepared for prosecution.

Following a series of further tests conducted by the State Laboratory, results indicated the presence of traces of road diesel in several samples taken from a variety of locations. This could indicate that petrol was contaminated with road diesel at some point in time. There is no rational economic reason or fraudulent incentive for anyone to deliberately mix normal road diesel with petrol. This contamination could have taken place earlier in the summer, well ahead of the problems manifesting themselves in cars.

If the problems that have come to light were caused by an unintended contamination as a result of diesel being inadvertently mixed into petrol at some point along the supply chain, there would be no Revenue offence involved.  However, the Deputy can be assured that the Revenue Commissioners are vigorously investigating the possibility of tax fraud being associated with the identified problems. In any instances where the analysis of petrol samples by the State Laboratory indicates the presence of illegal stretching agents, Revenue will take swift and robust action and pursue prosecutions against offenders where possible.

I am also advised by Revenue that they undertake, on an ongoing basis, an extensive programme of compliance and enforcement actions to ensure adherence to the legal requirements governing the supply and sale of mineral oil and to allow action to be taken against fraud. This involves, among other things, carrying out analysis of the monthly oil movement returns that oil traders are required to make, and of other supply chain data. In addition, Revenue officers conduct control or compliance visits to mineral oil traders, during which they examine transport and movement documentation and take samples of fuel for analysis.

In addition, the Revenue Commissioners are working closely with An Garda Síochána and share information and intelligence on this issue. Also, as part of Revenue's normal operating procedures, fuel delivery tankers are challenged when encountered by enforcement officers, particularly throughout the Border Midlands West Region. No cases of contaminated petrol have been identified as a result of these checks from June 2014 to date.

I wish to assure the Deputy that I am satisfied the Revenue Commissioners  are allocating resources to this issue and taking  all possible actions to identify the problem and challenge any instances of identified fuel fraud including, where possible, pursuing prosecutions against offenders.

IBRC Liquidation

Questions (58)

Catherine Murphy

Question:

58. Deputy Catherine Murphy asked the Minister for Finance if he will provide an itemised list of all disposals made by the Irish Bank Resolution Corporation prior to the appointment of a special liquidator; the original value of the liability or loan concerned, in each case; the amount realised at disposal; the method the disposal was made through including examinership, receivership, direct sale or other; the date at which the disposal was made; if he will provide the same information in respect of the period IBRC has been in special liquidation; and if he will make a statement on the matter. [48755/14]

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Written answers

With regards to the information requested on those transactions that have taken place both prior and since the appointment of the Special Liquidators, I am advised that this information is considered commercially sensitive and therefore will not be releasing the information.

However, the Special Liquidators prepared a progress report in June of this year which includes details in relation to the sales process concluded by the Special Liquidators up to the date of this report (6th June 2014). The progress report is published on the Department of Finance website (http://www.finance.gov.ie/news-centre/press-releases/progress-report-update-successful-special-liquidation-ibrc ).

Furthermore, under Section 306 of the Companies Act, the Special Liquidators are required to send to the registrar of companies a statement containing the prescribed particulars about the proceedings in and position of the liquidation of IBRC after 2 years from the date IBRC was put into liquidation (6 February 2013).

Pension Provisions

Questions (59)

Pearse Doherty

Question:

59. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the reason an overpayment occurred in relation to a pension and gratuity in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [48502/14]

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Written answers

It would not be appropriate for me to comment publicly on the details of individual pensions cases.

Pensions overpayment cases are unusual but do sometimes arise where a case is particularly complex. Where the collation of relevant data has not been completed before an individual retires, every effort is made to ensure that the retiree is not left out of pocket, even if this may mean that an overpayment may need to be recouped in the future.  

The payment of public service pensions is governed by well-established rules set out in published circulars and relevant legislation, including the Public Service Pensions (Single Scheme and other Provisions) Act 2012. Section 52 of that Act is particularly important. It specifies that, with effect from 28 July 2012, any Civil or Public Servant who has the equivalent of 40 years service or more cannot accrue any further reckonable service from that date.

Property Valuations

Questions (60)

Willie Penrose

Question:

60. Deputy Willie Penrose asked the Minister for Public Expenditure and Reform the steps being taken to expedite the process of property valuations where large new businesses, which should be subject to immediate rating but which will not have to pay rates as there is no facility to retrospectively collect such rates in the absence of the immediate valuation process being carried out, are opening; and if he will make a statement on the matter. [48524/14]

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Written answers

Under section 28 (4) of the Valuation Act 2001, a Revision Officer appointed by the Commissioner of Valuation may carry out a revision of valuation in relation to a particular property only if a material change of circumstances has occurred such as the coming into being of a new building, a change in value due to structural alterations of an existing building, total or partial demolition of a building or a sub-division or amalgamation of relevant property. The Commissioner of Valuation is independent in the performance of his function under the Act.

I have been informed by the Valuation Office that when a request for revision of valuation is received, a revision officer is appointed to value the subject property and when valued a proposed valuation certificate is issued to the occupier of the property, in accordance with section 29 of the Act. The occupier will then have 28 days to make representations to the Revision Officer if dissatisfied with any material particular stated in the proposed valuation certificate. Having considered any representations received, the Revision Officer will issue a final certificate of valuation to the occupier of the property and to the local authority and the property is then entered on the relevant valuation list. A reasonable period of time must be allowed to carry out the valuation, for the periods provided for in the legislation to make representations, and for those representations to be considered. There are no significant delays to the valuation of new premises.

Where a newly constructed commercial property which is deemed to be a "new build" is entered on a valuation list it is liable for the 'property entry levy' charge under the Local Government (Business Improvement Districts) Act 2006 which is equivalent to rates and levied on all newly erected or newly constructed relevant properties in the year such properties are valued and entered on a valuation list. 

International Agreements

Questions (61)

Niall Collins

Question:

61. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the actions his Department has taken to allow for the implementation of the Istanbul Convention; if his Department has any engagement with the Department of Justice and Equality on this matter; and if he will make a statement on the matter. [48577/14]

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Written answers

The Minister for Public Expenditure and Reform has no policy role in relation to the implementation of the Istanbul Convention. The matter is primarily for the Minister for Justice and Equality and, I understand, a number of other Ministers whose policy remit is also relevant to the provisions of the Convention.

Public Sector Staff Recruitment

Questions (62)

Mary Mitchell O'Connor

Question:

62. Deputy Mary Mitchell O'Connor asked the Minister for Public Expenditure and Reform when the next higher executive officer competition will be held; and if he will make a statement on the matter. [48587/14]

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Written answers

In Budget 2015, I was pleased to be able to announce that there will be a targeted programme of recruitment into the Civil Service to address service needs and a shortfall in key skills commencing in late 2014 and continuing during 2015.

The Deputy may wish to be aware that a number of open competitions have already taken place or are in process including:

- Clerical Officer with an expectation of approximately 300 recruits;

- Executive Officer ICT Specialist;

- Executive Officer General Service;

- Administrative Officer - Graduate Economist and Graduate Recruit General Service.

I also expect competitions to take place in the first quarter of 2015 for Assistant Principal, both open and inter-departmental, and an open competition for Principal Officer.

Further consideration will be given in the New Year to resourcing and staffing needs for the Civil Service, including the timing of any competition for Higher Executive Officer.

Public Sector Staff Career Breaks

Questions (63)

Finian McGrath

Question:

63. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding career breaks and leave of absence; and if he will make a statement on the matter. [48658/14]

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Written answers

The position is that where an individual has availed of a career break, that person is not guaranteed that s/he will return to the same position as s/he previously held.

I refer the Deputy to my previous reply to his similar question regarding career break schemes and the return to work provisions of such schemes. (Reply No. 86 dated 4 December, 2014). The return to work provisions are similar in the cases of Circular 18/1998 and Circular 4/2013.

The Deputy should note that in this instance, I am referring to the Civil Service Career Break Schemes for civil servants. The career break scheme does not apply to elected members of the Oireachtas. Other career break schemes in the wider public service are a matter for other Ministers with responsibility for those sectors. 

Work Permits Applications

Questions (64)

Sandra McLellan

Question:

64. Deputy Sandra McLellan asked the Minister for Jobs, Enterprise and Innovation if Ireland will be accepting applications for work permits from Filipino nurses next year; and if he will make a statement on the matter. [48550/14]

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Written answers

Nursing is an eligible occupation for consideration for an employment permit, and is currently included on the Highly Skilled Eligible Occupations List in Regulations pursuant to the Employment Permits (Amendment) Act 2014. Occupations on this list are those deemed to be highly skilled, in short supply, and necessary for economic or social development in the State. The Highly Skilled Eligible Occupations List is subject to regular review to ensure that the occupations included on it reflect the current skills needs of the economy; such a review will take place during 2015, so applicants should be aware that the list is subject to change with changing circumstances. With regard to applicants from the Philippines, applications for employment permits are considered on the basis of the requirement for particular skills and on the basis of the criteria for a particular type of employment permit, rather than the nationality of the prospective employee.

International Agreements

Questions (65)

Niall Collins

Question:

65. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the actions his Department has taken to allow for the implementation of the Istanbul Convention; if his Department has any engagement with the Department of Justice and Equality on this matter [48576/14]

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Written answers

I am aware of the Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence. My Department was represented at the July 2014 meeting of the Council of Europe Inter-Departmental Group at which the Department of Justice and Equality gave an update on the status of Ireland’s ratification of the Istanbul Convention. I am not aware of any matters within my area of responsibility that impact implementation of the Convention.

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