Terence Flanagan
Question:79. Deputy Terence Flanagan asked the Minister for Finance his plans to increase fines for fuel smuggling; and if he will make a statement on the matter. [3215/15]
View answerFuel Laundering
Questions (79)
Written answers
The penalties for offences relating to fuel smuggling and laundering are laid down in section 119 of the Finance Act 2001 and section 102 of the Finance Act 1999. On conviction following summary prosecution under these provisions, a court may impose a fine of €5,000, or a term of imprisonment not exceeding 12 months, or both. Where a person is convicted for an indictable offence, the court may impose a term of imprisonment not exceeding 5 years, or a fine not exceeding €126,970, or both. In addition, for an indictable offence under section 102 of the Finance Act 2001, if the value of the smuggled fuel concerned exceeds €250,000, including duty and taxes, the court may impose a penalty of three times the value of the fuel, or a term of imprisonment not exceeding 5 years, or both.
The penalties were increased in the Finance Act 2010 to an amount significantly higher than that which had applied previously. For example, the fine on conviction for an indictable offence was increased from €12,695 to an amount not exceeding €126,970.
The courts decide on the level of fine to be applied in any particular case and, in practice, they do not apply fines up to the existing limits. There are no proposals at present to increase the level of fines available to the courts. However, the position is kept under review, taking account, among other considerations, of the practical experience of the fines imposed under the current provisions.
Financial Services Ombudsman
Questions (80)
Catherine Murphy
Question:80. Deputy Catherine Murphy asked the Minister for Finance if his attention has been drawn to a significant number of persons who made investments during a time when the economy was very healthy and some banks engaged in irresponsible lending practices, and who now find that they fall foul of the six-year limitation period placed upon complaints that can be registered with the Financial Services Ombudsman (details supplied); if he will amend legislation to extend this period and further resource the office of the FSO to support this; and if he will make a statement on the matter. [3217/15]
View answerWritten answers
As the Deputy states, under section 57BX(3)(b) of the Central Bank Act 1942, as amended, a consumer is not entitled to make a complaint to the Financial Services Ombudsman if the conduct complained of occurred more than six years before the complaint is made.
As the Deputy may be aware, my Department is currently progressing the amalgamation of the Offices of both the Financial Services Ombudsman and the Pensions Ombudsman. A Steering Group chaired by my Department with representatives from the Financial Services Ombudsman, the Pensions Ombudsman, the Departments of Public Expenditure and Reform and Social Protection is meeting to consider the best way to progress the amalgamation.
The question of the timeframe under which complaints can be reviewed is a policy matter which will be considered as the legislation to effect the amalgamation is being developed. I am of course mindful of the need to provide the necessary protection to the consumer over the longer term. However, the issues in this regard are complex involving a range of considerations including the interface with the Statute of Limitations, existing consumer protection laws, complaints mechanisms and the availability of records.
Tax Rebates
Questions (81)
Bernard Durkan
Question:81. Deputy Bernard J. Durkan asked the Minister for Finance if and when a refund of income tax due will be payable in the case of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [3226/15]
View answerWritten answers
I am advised by the Revenue Commissioners that the person concerned e-mailed her local Revenue office on 8 January 2015 requesting clarification as to how she would go about making a claim for a tax refund in respect of 2014.
A response issued on 19 January setting out the information required to establish her entitlement to a repayment of tax. On receipt of the requested information, her liability will be reviewed and any overpayment due will be repaid without delay.
Flood Prevention Measures
Questions (82)
Joe Carey
Question:82. Deputy Joe Carey asked the Minister for Public Expenditure and Reform if he will provide the necessary finance to develop and introduce a national flood warning system to be operated by Met Éireann; and if he will make a statement on the matter. [3065/15]
View answerWritten answers
The establishment of a new National Flood Forecasting and Flood Warning Service was proposed in a report on a Strategic Review of Options for Flood Forecasting and Flood Warning in Ireland, prepared for the Office of Public Works.
Following consultation with relevant Departments and Agencies the OPW, in consultation with Met Éireann, has proposed the introduction of a new interim National Flood Forecasting Service as the first stage of the implementation of a full national flood forecasting and flood warning service. The proposed interim service would be introduced as an extension to the existing Met Éireann weather and related forecasting services. The proposal recognises that the development of the new service requires additional resources and expertise in the combined disciplines of meteorology and hydrology which is not currently available within Met Éireann or the OPW.
The proposals for the establishment of a new interim flood forecasting service have been discussed at meetings of the Government Task Force on Emergency Planning. Discussions are now taking place on the details between the various stakeholders. A key issue will be the need to identify and prioritise the resources required.
Decentralisation Programme Expenditure
Questions (83)
Patrick O'Donovan
Question:83. Deputy Patrick O'Donovan asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 196 of 14 January 2015, if he will provide details of properties that were leased for the purpose of decentralisation during the period 1997 to 2011 to which no agencies or personnel were assigned; the amount agreed to in respect of each lease; the annual cost of each; and if he will make a statement on the matter. [3130/15]
View answerWritten answers
All leases taken by the Commissioners of Public Works under the 2003 Decentralisation Programme were allocated to the designated Departments or Agencies and occupied by staff assigned to the various locations, some initially in advance offices in short term accommodation pending completion of permanent offices and others in long term leased accommodation. The property details sought have already been supplied in answer to PQ No. 196 of 14th January 2015.
Semi-State Bodies Dividends
Questions (84)
Michael McGrath
Question:84. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if an instruction has been issued to commercial semi-State companies in respect of dividend payments for 2015; and if he will make a statement on the matter. [3196/15]
View answerWritten answers
Under the NewERA initiative (whereby NewERA provides financial and commercial advisory services to relevant Ministers on the activities of certain commercial State companies) the Government has reformed the manner in which it manages its relationship with the Commercial State Sector. As part of the reform, NewERA has developed, in conjunction with the relevant Government Departments, a Shareholder Expectations Framework intended to provide clarity and guidance for each of the 6 commercial State entities within its remit in relation to the Government's strategic priorities, policy objectives, and financial performance and reporting requirements. Shareholder expectations letters based on this Framework have now been issued by the respective Ministers to ESB (in 2013) and in 2014 to each of EirGrid, Bord na Móna and Coillte. It is intended that such letters will be issued to each entity on an annual basis going forward.
One of the areas addressed in these shareholder expectations letters is the company's dividend policy. Historically no explicit guidelines have been given to State companies regarding dividends. In recent years, dividends of approximately 30% of profits after tax have been sought from most commercial State companies. An additional €100m was also sought from the sector on foot of Budget 2013. The shareholder expectations letters now ask the Boards to engage with NewERA with a view to developing a new formal dividend policy for each company, which would strike an appropriate balance between the payment of dividends and re-investment in the business.
My Department is also working with other relevant Departments to review the shareholder management and oversight arrangements applying in the case of the wider commercial state sector (i.e. those commercial State companies which do not currently come under NewERA's remit). The objective here is to introduce a more structured and consistent approach to the management and oversight of these companies, and thus the entire commercial State sector, building on the experience that has been gained from the new shareholder management arrangements that have been put in place for oversight of the NewERA companies. This will include the issue of a shareholder expectations letter to the Board of each such company, modelled on the approach adopted for the NewERA companies, which will set out the views and expectations of the Ministers, as shareholders, including the expectation that an appropriate dividend policy will be developed in consultation with the relevant departments.
Export Controls
Questions (85)
Paul Murphy
Question:85. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation the measures in place to ensure that technologies and research developed by companies and institutions based here that are involved with the research and development of military capabilities are not used in the violation of human rights; his views on Ireland’s compliance with the Arms Trade Treaty and EU regulations on the export of dual-use items; and if he will make a statement on the matter. [3068/15]
View answerWritten answers
My Department is responsible for controls on the export of military and dual-use items and technology from Ireland. The security, regional stability and human rights concerns which underpin export controls are of paramount importance to my Department. My Department takes its responsibilities in this regard very seriously.
It is important that the export of sensitive technology is properly controlled and the licensing procedures operated by my Department take into account a number of factors. These include Irish foreign policy considerations, the EU Common Position on Arms Exports, the Arms Trade Treaty, international sanctions policies, EU dual-use export control regulations and obligations stemming from Ireland’s membership of the international export control regimes.
As part of the licensing process my Department requires extensive information from companies including detailed information in respect of the end-use and the end-user of the product to ensure the ultimate use of a licensed export conforms with national and international law and cannot be used in the violation of human rights.
Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the Annex to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List.
The EU Common Military List includes military goods and technology, and components for such items that should be licensed for export. It is important to note that items which are classified as “military goods” from an export control perspective and which are exported from Ireland involve components rather than military equipment. Components licensed for export by my Department are generally exported to manufacturers and systems integrators before being sent to the final end-users.
The Department consults with the Department of Foreign Affairs and Trade in respect of all military export licence applications. All military licence applications are subject to rigorous scrutiny, and are considered in the light of the spirit and objectives of the 1998 EU Code of Conduct on Arms Exports. This Code, which was subsequently adopted in 2008 as an EU Common Position, seeks to safeguard, among other concerns, regional stability and human rights.
My Department is also responsible for licensing those dual-use items controlled pursuant to Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.
While the term “dual-use” refers to those items that are normally used for civilian or commercial purposes but may also have a military application, the vast majority of dual-use licences issued by my Department are for commercial purposes.
Prior to issuing any export licence for dual-use goods intended for a country where there is civil or military unrest, my Department consults with the Department of Foreign Affairs and Trade.
In response to the Deputy’s question on the Arms Trade Treaty (ATT), the treaty is the first legally binding instrument to regulate the international trade in conventional weapons. Ireland was one of the first countries to sign the ATT and completed its ratification on 2nd April 2014.
The Treaty entered into force on 24 December 2014 and Ireland’s focus now is on ensuring robust implementation of the Treaty and compliance with all of its provisions, including those relating to human rights. I and my officials are working closely with colleagues in the Department of Foreign Affairs and Trade in this respect and Ireland is participating actively in the EU Working Party on Conventional Arms Exports and the Preparatory Committee process ahead of the First Conference of State Parties to the ATT due to be held later this year.
Disadvantaged Areas Scheme Payments
Questions (86)
Éamon Ó Cuív
Question:86. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a disadvantaged areas payment for 2014 will be granted in respect of a person (details supplied); the reason for the delay in making this payment; and if he will make a statement on the matter. [3063/15]
View answerWritten answers
An application under the 2014 Disadvantaged Areas Scheme was received from the person named on 4 April 2014, processing of which has recently been completed. Payment under the 2014 Disadvantaged Areas Scheme is due to issue directly to the nominated bank account of the person named shortly.
Agriculture Scheme Payments
Questions (87)
Michael Ring
Question:87. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Mayo has received their disadvantaged areas scheme and agri-environment options scheme payments for 2014. [3079/15]
View answerWritten answers
The person named was approved for participation in the 2012 Agri Environment Options Scheme (AEOS 3) with effect from the 1 May 2013 and full entitlements have issued in respect of the 2013 Scheme year.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have now been completed in respect of the 2014 scheme year.
Payment in relation to the Disadvantaged Area Scheme issued directly to the nominated bank account of the person named on 9 January 2015. The payment file in respect of AEOS is now being processed, with payment expected to be made shortly.