Written Answers Nos. 64-71
64. Deputy Michael McGrath asked the Minister for Finance whether, to qualify for the foreign earnings deduction, the employee concerned must be employed by an Irish incorporated company; and if he will make a statement on the matter. [32425/15]
View answerSection 823A of the Taxes Consolidation Act 1997 provides for relief from tax on emoluments of certain individuals who are resident in the State for tax purposes but who spend significant amounts of time carrying out the duties of their employment in a relevant state, as defined in that section. It is not a requirement that an employee be employed by an Irish incorporated company in order to avail of the relief.
65. Deputy Eamonn Maloney asked the Minister for Finance to indicate the person or body who regulates car insurance charges; the process for granting an increase; his views on whether it is reasonable that a motor insurance company which offers customers a deferred method of payment option over a ten month period, for which it charges administration and interest charges, can also deem it to be a rating factor, like engine size or driving experience; and if he will make a statement on the matter. [32440/15]
View answerIn my role as Minister for Finance, I have responsibility for the development of the legal framework governing financial regulation. The Central Bank of Ireland regulates non-life insurers; however, it does not approve car insurance premiums.
The provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet these risks. As a matter of course, insurance companies carry out reviews of the risks against which they are prepared to provide insurance and they consider these risks when determining their policies, including insurance premiums.
The EU framework for insurance expressly prohibits Member States adopting rules which require insurance companies to obtain prior approval or provide systematic notification of certain matters, including general and special policy conditions and scales of premiums.
My officials have consulted with Insurance Ireland regarding the particular issue which the Deputy has raised. Insurance Ireland advised that motor insurers make their own individual decisions on whether to offer cover or what terms to apply. They use a combination of rating factors in doing this such as the age of the driver, the type of car, claims record, driving experience, number of drivers, how the car is used, etc. Insurers do not all use the same combination of rating factors and prices vary across the market.
Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance. They may be contacted at Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820.
66. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will address a matter (details supplied) with regard to the Freedom of Information Act; and if he will make a statement on the matter. [32353/15]
View answerIt has been long-standing Government policy that, in general, commercial state bodies should not be subject to FOI requirements. The rationale for this approach is the risk of the uneven competitive market environment that would be created in circumstances where commercial state bodies operating in a competitive market were subject to FOI but their privately-owned market competitors were not. This would be expected to have an adverse impact on the commercial position of the state body in question, which would not be in the public interest or consistent with the need to safeguard the State's economic and financial interests.
Substantial information is, in any event, available on the activities of these commercial companies reflecting their obligations under company law, the information they provide to Government Departments and relevant sectoral regulators which is available for release under FOI or otherwise.
While the FOI Bill was progressing through the Oireachtas, I came to the view, however, having consulted with my Government colleagues, that the rationale for excluding commercial state bodies generally from FOI, as set out above, did not apply to the same extent to certain State Companies which operate in a monopoly market. On that basis, I made amendments to the FOI Bill to provide that Irish Rail and the energy network businesses of ESB Networks, Gas Networks Ireland and EirGrid would be subject to FOI. Those amendments were accepted and provision was made for FOI to apply to those companies under the FOI Act 2014. FOI already applied to Irish Water on the same basis under the 1997 Act and continues to apply.
As the energy network companies and Irish Rail received significantly less advance notice that they were to be made subject to FOI than other bodies who were being made subject to FOI for the first time under the 2014 Act, I agreed that the maximum lead-in time provided for under the Act could be allowed in respect of these bodies to allow them sufficient time to make the necessary administrative arrangements required. I have, therefore, provided by Ministerial Order that FOI will apply to these companies with effect from 14 October 2015.
67. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform to set out his plans to legislate for the proposed changes to the pension-related deduction or pension levy, as provided for in the Lansdowne Road agreement; when and the way in which he intends to provide for these changes; and if he will make a statement on the matter. [32364/15]
View answerThe proposals for the Lansdowne Road Agreement, which were recently ratified by the Public Services Committee of the Irish Congress of Trade Unions, contain a number of measures to reduce the effect of the pay cuts which were imposed on public servants from 2009 to 2013 in response to the financial crisis. These measures include adjustments to the application of the public service Pension-related Deduction (PRD) to the pay of pensionable public servants.
I expect to bring forward legislation shortly to amend the Financial Emergency in the Public Interest Acts 2010 - 2013 to implement the Lansdowne Road Agreement changes. The planned PRD adjustments will be included in this legislation.
68. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will arrange for the Office of Public Works to investigate and carry out remedial works to a river (details supplied) in County Kerry to alleviate and eliminate the recent flood incidence which severely damaged business premises; and if he will make a statement on the matter. [32371/15]
View answerThe river concerned does not form part of any Arterial Drainage Scheme which would fall under the remit of the Office of Public Works (OPW) under the 1945 Arterial Drainage Act. The OPW therefore has no responsibility for the maintenance of the channel, nor any authority to carry out works there.
Tralee is one of 300 locations nationwide that is being assessed under the OPW's Catchment Flood Risk Assessment and Management (CFRAM) Programme the purpose of which is to implement the EU Floods Directive and national flood policy. The Programme involves the production of predictive flood risk and hazard mapping for each location, developing preliminary flood risk management options and producing flood risk management plans. Under the Shannon CFRAM Study, draft predictive flood maps for Tralee have been produced and were the subject of a Public Consultation Day in Tralee on 24 March 2015. Data on the recent flood incidence in Tralee will be considered by the Study's engineering consultants before the flood maps are finalised following a national public consultation scheduled to be held later in 2015. Preliminary flood risk management options are being developed for Tralee and will be the subject of a Public Consultation Day in Tralee on 1 October 2015. Further information is available on the Shannon CFRAM website www.shannoncframstudy.ie.
Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address, and Kerry County Council may carry out flood mitigation works using its own resources.
The Office of Public Works operates a Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial are published on the OPW website, www.opw.ie. It is not available for repair of damaged infrastructure or for maintenance of existing flood defence or coastal protection assets. It is open to the Council to submit a funding application under the Scheme. Any application received will be considered in accordance with the scheme eligibility criteria and having regard to the overall availability of resources for flood risk management.
OPW has recently approved funding of €44,936 to Kerry County Council under this scheme for flood works in Tralee.
69. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will arrange for the Office of Public Works to examine the recent recurrence of flood damage to a property (details supplied) in County Kerry; if he will ensure that emergency remedial work is carried out to prevent this recurring; and if he will make a statement on the matter. [32375/15]
View answerThe river concerned does not form part of any Arterial Drainage Scheme which would fall under the remit of the Office of Public Works (OPW) under the 1945 Arterial Drainage Act. The OPW therefore has no responsibility for the maintenance of the channel, nor any authority to carry out works there.
Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address, and Kerry County Council may carry out flood mitigation works using its own resources.
Glenflesk is one of 300 locations nationwide that is being assessed under the OPW's Catchment Flood Risk Assessment and Management (CFRAM) Programme the purpose of which is to implement the EU Floods Directive and national flood policy. The Programme involves the production of predictive flood risk and hazard mapping for each location, developing preliminary flood risk management options and producing flood risk management plans. Under the South Western CFRAM Study, draft predictive flood maps for Glenflesk have been produced and were the subject of a Public Consultation Day in Glenflesk on 21 October 2014. Data on the recent flood incidence in Glenflesk will be considered by the Study's engineering consultants before the flood maps are finalised following a national public consultation scheduled to be held later in 2015. Preliminary flood risk management options are being developed for Glenflesk and will be the subject of a Public Consultation Day in Glenflesk early in 2016. Further information is available on the South Western CFRAM Study website www.southwestcframstudy.ie.
70. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform to outline the expenditure incurred by the Office of Public Works for the years 2011 to 2015 on drainage works in County Cavan; and if he will make a statement on the matter. [32447/15]
View answer71. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform to outline the details of funding provided by the Office of Public Works to Cavan County Council to carry out drainage works for the years 2011 to 2015; and if he will make a statement on the matter. [32448/15]
View answerI propose to take Questions Nos. 70 and 71 together.
The Office of Public Works (OPW) has incurred expenditure on drainage works in County Cavan in the period in question in respect of both its ongoing programme of maintenance of watercourses and channels under Arterial Drainage Schemes carried out by it in the county and in respect of funding provided to Cavan County Council for works undertaken by the Council under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme.
In relation to arterial drainage maintenance, total expenditure of €1.174m has been incurred on the OPW Boyne, Glyde & Dee and Inny drainage scheme between 2011 and 2015 to date. The yearly breakdown of expenditure is as follows:
|
Year |
€m. |
|
2011 |
0.293 |
|
2012 |
0.303 |
|
2013 |
0.145 |
|
2014 |
0.255 |
|
2015 (to date) |
0.178 |
In 2012 the Office of Public Works approved funding of €110,700 to Cavan County Council for drainage works in County Cavan under the Minor Flood Mitigation Works and Coastal Protection Scheme for projects in Mullagh and Butlersbridge. The Council fully drew down this funding in that year. OPW has incurred no expenditure under the Minor Works Scheme for drainage works in the county in 2011 and 2013-2015.
