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Tuesday, 24 Nov 2015

Written Answers Nos. 143-163

Social Welfare Benefits Data

Questions (143)

Willie O'Dea

Question:

143. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection the number of persons in receipt of the widow's, widower's or surviving civil partner's contributory pension and non-contributory pension in Limerick city and county in tabular form; and if she will make a statement on the matter. [41763/15]

View answer

Written answers

The information requested by the Deputy (where available) is detailed in the following tabular statement.

Recipients of Widow's, Widower's or Surviving Civil Partner's Contributory and Non-Contributory Pension 31 October 2015

Scheme

Limerick City

Limerick County

Widow's, Widower's or Surviving Civil Partner's Contributory Pension

N/a

5,136

Widow's, Widower's or Surviving Civil Partner's Non-Contributory Pension

N/a

N/a

N/a - Not available

Social Welfare Appeals Status

Questions (144)

Pat Breen

Question:

144. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision on a disability allowance appeal will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [41764/15]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 07th October 2015. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Social Insurance Data

Questions (145)

Peadar Tóibín

Question:

145. Deputy Peadar Tóibín asked the Tánaiste and Minister for Social Protection the cost of increasing the employee pay related social insurance exemption threshold to €377 and the introduction of a maximum relief of €12 per week (details supplied). [41787/15]

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Written answers

Currently, PRSI Class A employees do not make an employee contribution where weekly earnings are under €352.01. Class A employees with weekly earnings of €352.01 or more make a 4% contribution charged on all of their earnings. This creates a "step effect" as net income reduces immediately by the full 4% PRSI charge applied to all earnings.

From 1 January 2016 a new PRSI Credit is being introduced and will reduce the amount of PRSI paid for those with weekly gross earnings between €352.01 and €424. The maximum weekly PRSI Credit of €12 applies at weekly earnings of €352.01. This will reduce the current weekly PRSI charge from €14.08 to €2.08 at this level of earnings. Where weekly earnings exceed €352.01 and are less than €424.01 per week, the maximum weekly PRSI Credit applying is reduced on a tapered basis. The new arrangements will ensure that all employees earning between €352 and €424 per week will pay less PRSI each week, effective from January next and the employee will always be better off as earnings increase.

Increasing the threshold to €377 with a €12 credit tapering as suggested would cost an additional €13.3 million in a full year (over and above the cost of the measure announced in the Budget) and affect 112,646 employments.

Rent Supplement Scheme Administration

Questions (146)

John Halligan

Question:

146. Deputy John Halligan asked the Tánaiste and Minister for Social Protection if she will review the monthly rent limits in line with the actual cost of renting (details supplied) given the latest reports that property rental prices in the south east region have risen by 5.5% on average in the past year. [41791/15]

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Written answers

Rent supplement plays a vital role in housing families and individuals, with the scheme supporting approximately 63,000 people at a cost of over €298 million in 2015. Over 17,200 rent supplement tenancies have been awarded this year showing that landlords are accommodating significant numbers under the scheme.

I am fully aware of the findings of the recent Daft.ie rental report and the difficulties that people are experiencing in maintaining affordable rented accommodation in areas of high demand in the current market, including in the South East region.

A review of the rent limits undertaken earlier this year found that the impact of increasing limits at a time of constrained supply will increase costs disproportionately for the Exchequer with little or no new housing available to recipients.

Rather than increasing limits at this time, rent supplement policy will continue to allow for flexibility where landlords seek rents in excess of current limits. Flexibility is provided under the National Framework for Tenancy Sustainment for both existing customers of the scheme and new applicants. Under this measure, the circumstances of tenants are considered on a case-by-case basis and rents are being increased above prescribed limits as appropriate. This flexible approach has already assisted over 5,000 households throughout the country to retain their rented accommodation, including over 20 households in receipt of rent supplement in Waterford. The Housing Assistance Payment (HAP), administered by the local authorities, has been rolled out in Waterford city and county since September 2014 and there are currently over 610 HAP tenancies in place. Of the 610 cases, approximately 390 are new customers and the remaining 220 represent households with long term housing needs that have transferred from rent supplement.

I believe that these measures and the recently announced reforms to the private rental sector, will provide increased certainty for both tenants and landlords in the current market. I am continuing to keep this matter under close review.

Registration of Deaths

Questions (147)

John Halligan

Question:

147. Deputy John Halligan asked the Tánaiste and Minister for Social Protection if she will consider implementing a registration system for unborn children who die from unnatural causes, including accidents; and if she will make a statement on the matter. [41793/15]

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Written answers

The procedures governing the registration of deaths are provided for under Part 5 of the Civil Registration Act, 2004.

The only circumstances under which a death can be registered by the registrar in the register of deaths are -

- Under Section 41 of the Act of 2004, a death is registered on foot of a certificate provided by a coroner containing the required particulars of the death concerned.

- Under Section 42, a death is registered on foot of a certificate of cause of death provided by a registered medical practitioner who attended the deceased.

There are procedures in place to provide for the registration of stillbirths under Section 28 of the Act of 2004.

Under section 2 of the Act of 2004, a stillborn child means a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life.

It is not proposed to change these legislative provisions.

Rural Social Scheme Data

Questions (148)

Tom Fleming

Question:

148. Deputy Tom Fleming asked the Tánaiste and Minister for Social Protection the number of rural social workers in County Kerry participating in community schemes; the schemes they are participating in; if she will extend the numbers engaged in these schemes given their benefit to rural towns and villages, the value of the training to participants and the value in terms of supplementing their low income and the greater community demand; and if she will make a statement on the matter. [41813/15]

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Written answers

The rural social scheme (RSS) commenced in 2004. The scheme provides income support for 2,600 low-income farmers and fishermen and requires participants to work 19.5 hours per week. The scheme is delivered locally in county Kerry by North and East Kerry LEADER Partnership, South Kerry Development Partnership, IRD Dunhallow and Údarás na Gaeltachta in the Gaeltacht areas.

Currently, there are a total of 273 participants and 16 supervisors employed by these companies on the scheme in Kerry. The type of work carried out by RSS participants includes the maintenance and enhancing of walking routes/bog roads, community and sporting facilities and projects relating to not-for-profit cultural and heritage centres. A number of projects relating to village and countryside enhancement and other community based project are also undertaken. Energy and conservation work and care for older people and those at risk of poverty along with community care for pre-school/after-school groups and community administration is also an integral part of the scheme. Each company is responsible for the delivery of the scheme and the selection of project and services supported.

Training of participants and supervisors, in the main, relates to health and safety and the work environment. Each company may also procure specialist training to support participants. While participating on the RSS, participants are free to participate in a range of evening/part-times courses, provided it does not interfere with their work on the scheme. There are no plans to increase the number of participants on the RSS programme. It is considered that the existing number is adequate to meet the programme’s objectives. The companies delivering the RSS have recourse to other schemes, such as Tús, to meet demands for support.

Carer's Allowance Applications

Questions (149)

Pat Breen

Question:

149. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [41814/15]

View answer

Written answers

I confirm that the department received an application for carer's allowance from the person concerned on 13 October 2015. Once processed, the person concerned will be notified directly of the outcome.

Social Welfare Appeals Status

Questions (150)

Pat Breen

Question:

150. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [41815/15]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at the oral hearing, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer's decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Mortgage Lending

Questions (151)

Pearse Doherty

Question:

151. Deputy Pearse Doherty asked the Minister for Finance the percentage of the space permitted for exemptions from the deposit rules used by the banks to date, subject to the Central Bank of Ireland's macro-prudential mortgage lending rule, by regulated bank in tabular form; the value of these exempted loans; the average mortgage within this set of exempted mortgages; and if he will make a statement on the matter. [41178/15]

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Written answers

As the Deputy is aware, the Central Bank of Ireland, in line with its mandate to safeguard financial stability, has put in place new macro-prudential measures for residential mortgage lending effective from last February. These measures apply proportionate loan-to-value and loan-to-income limits to mortgage lending by regulated financial service providers in the Irish market. The key objective of these measures is to increase the resilience of the banking and household sectors to the property market and to reduce the risk of bank credit and house price spirals from developing in the future. The Central Bank is independent in the formulation and operation of these new macro prudential measures. However, I am informed by the Central Bank that compliance with the macro prudential regulation will be measured on an annualised basis at year end and that a decision will be made by the Bank at that time in relation to the publication of information.

Credit Union Services

Questions (152)

Mattie McGrath

Question:

152. Deputy Mattie McGrath asked the Minister for Finance if he will consider the recent proposal by the Irish League of Credit Unions to offer mortgages and other banking services to its members; and if he will make a statement on the matter. [41180/15]

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Written answers

My role as Minister for Finance is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions.

The Registrar of Credit Unions at the Central Bank is the independent regulator for credit unions. Within her independent regulatory discretion, the Registrar acts to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members.

The Credit Union Act, 1997 (the 1997 Act) and related statutory instruments (which set out services exempt from additional services regulations) set out the services that a credit union may provide to its members. Where a credit union wishes to provide services to its members, in addition to the services that are provided for under the 1997 Act, an application may be made to the Central Bank for approval to provide such additional services in accordance with the provisions set out in sections 48-52 of the 1997 Act.

The Central Bank has informed me that since 2010 it has received less than 10 applications for approval of additional services under sections 48-52 of the 1997 Act. These have all been received in the last 15 months and are currently at various stages in the approval process, with a number having been fully approved.

I have been further informed by the Central Bank that it is, in principle, supportive of credit unions developing additional services and is open to working with the credit union sector to ensure that prudent and appropriate development can be facilitated within the regulatory framework. In its role of supporting the sustainable and prudent development of the sector, the Central Bank wants to ensure that proposed changes to the business model are prudently structured and implemented. Given a number of areas identified in feedback received on CP88 and through other engagements with sector stakeholders the Central Bank will engage with interested parties to participate in focused dialogue in the coming months. Dialogue will initially focus on:

- the services credit unions wish to develop in the areas of card services and payment accounts; and

- credit unions' aims regarding longer term lending including further developments on the provision of mortgages to members.

To commence this dialogue process, an initial meeting with a number of credit union stakeholders, including the representative bodies and a number of credit unions was held in mid-November by the Central Bank.

Also, the Annual Information Seminars for 2015 are currently taking place and will run until late November and these will also provide an opportunity for the Central Bank to engage with individual credit unions and hear their views on business development.

The Government's priorities remain the protection of members' savings, the financial stability of credit unions and the sector overall and it is absolutely determined to continue to support a strengthened and growing credit union movement. 

Banking Sector

Questions (153)

Mattie McGrath

Question:

153. Deputy Mattie McGrath asked the Minister for Finance his views on the decision of Bank of Ireland to place restrictions on the limits of cash transactions in its branches; and if he will make a statement on the matter. [41181/15]

View answer

Written answers

The Deputy will be aware that I, in my role as Minister for Finance, have no direct function in the relationship between the banks and their customers. I have no statutory function in relation to the commercial  decisions made by individual institutions at any particular time and these are taken by the board and management of the relevant institution.

Notwithstanding this, I have expressed my dissatisfaction in relation to the recent changes that Bank of Ireland intends to implement. I have made a public statement in this regard the full text of which is:

The changes announced by Bank of Ireland today around in-branch lodgements and withdrawals is a commercial decision for the bank. However, I consider these changes surprising and unnecessary. I note that the bank have given a commitment to assist more vulnerable customers in their branches. I expect the bank to fully honour this commitment and ensure that customers will be facilitated through the existing arrangements where required. I would welcome a clarification form Bank of Ireland on the issue.

Following this, Bank of Ireland made the following press statement:

Bank of Ireland has always worked to support the evolving banking needs of our customers, developing online and telephone banking services to complement our nationwide branch network. Bank of Ireland also continues to maintain the most extensive network of branches in Ireland, whilst competitors have reduced and continue to reduce their branch footprint.

In addition, the Bank has always worked to support the needs of our diverse customer base including vulnerable customers.

Bank of Ireland would like to confirm that vulnerable customers, together with those elderly customers who are not comfortable using self-service channels or other technology solutions, will be assisted by branch staff to use the available in-branch services.

Tax Code

Questions (154)

Joe Carey

Question:

154. Deputy Joe Carey asked the Minister for Finance when the recently announced changes to the small benefit exemption scheme will be enacted; if it will be enacted for the important pre-Christmas 2015 period; and if he will make a statement on the matter. [41258/15]

View answer

Written answers

In my Finance Bill speech I announced that an employer may provide an employee with a single annual non-cash benefit to a maximum of €500 without applying PAYE, PRSI and USC to that benefit.

Last week I brought forward a Committee Stage Amendment that would allow the measure to apply from date of publication of the Finance Bill, 22nd October 2015. I have been informed by the Revenue Commissioners that this change is now being applied on an administrative basis pending the enactment of the Finance Bill. The Amendment also ensures the exemption covers either a voucher or a small non cash benefit.

Living City Initiative

Questions (155)

Michael McGrath

Question:

155. Deputy Michael McGrath asked the Minister for Finance the number of applications for tax relief received; the number approved under the Living City Initiative to date; and if he will make a statement on the matter. [41261/15]

View answer

Written answers

Applications for the Living City Initiative are only required to be made to the relevant local authority under the residential element of the scheme. Applications are not required to be made under the commercial element of the scheme. I am advised by the Revenue Commissioners that, since the launch of the scheme in May, based on information received from the councils to date, the number of applications received under the residential element per eligible city is as follows:

City

Applications Received

Dublin

7

Cork

1

Limerick

0

Waterford

6

Kilkenny

2

Galway

2

Dublin City Council and Cork City Council have both received, in error, two applications under the commercial element of the scheme, which are not reflected in the above numbers. There is no application process for the commercial element of the scheme and figures for this element will be become available when the returns for 2015 are processed.

Once an application has been received for the residential element of the scheme, a letter of acknowledgement is issued by the local authority, confirming that planning permission (if needed) was obtained and the floor area is within the permitted limits. When the work has been completed, the individual must contact the local authority again confirming the exact cost of the works and requesting the local authority to issue a letter of certification. It is only when the person receives the letter of certification that they will then be able to claim the tax relief. Copies of these letters of certification will be forwarded to the Revenue Commissioners in order to collate data. Therefore, it is only when Revenue has received letters of certification that they will be able to determine the numbers approved under the scheme.

Pension Levy

Questions (156)

Mattie McGrath

Question:

156. Deputy Mattie McGrath asked the Minister for Finance the status of commitments to abolish the private pension levy; and if he will make a statement on the matter. [41299/15]

View answer

Written answers

The 0.15% stamp duty levy on pension funds will, as I have previously confirmed, cease at the end of 2015.

Property Tax Administration

Questions (157)

Paul Murphy

Question:

157. Deputy Paul Murphy asked the Minister for Finance if those who enter into agreements with the Revenue Commissioners to pay the local property tax are still liable for a late payment surcharge given that the late payment is factored into the agreement. [41330/15]

View answer

Written answers

Section 38 of the Finance (Local Property Tax) Act 2012 (as amended) provides for the application of a 10% surcharge on Income Tax, Corporation Tax and Capital Gains Tax liabilities where there are outstanding Local Property Tax (LPT) Returns or payments. The surcharge is in addition to the amount due in LPT and any accrued interest (8% per annum) on foot of late payment of LPT.

Where a surcharge is higher than the LPT due, the surcharge amount will be reduced to the same amount as the LPT due providing the property owner files the LPT Return and makes payment of that amount.

Credit Union Regulation

Questions (158)

Andrew Doyle

Question:

158. Deputy Andrew Doyle asked the Minister for Finance if he has considered the request by the Credit Union Advisory Council and the International Credit Union Regulators Network to review their three issues before signing the Statutory Instrument Consultation Paper 88; and if he will make a statement on the matter. [41362/15]

View answer

Written answers

The Government established the Commission on Credit Unions in 2011 to review the future of the credit union movement and to make recommendations, while taking account of their not-for-profit mandate, their volunteer ethos and community focus, and paying due regard to the need to fully protect members' savings and financial stability. The Commission presented its Report on 31 March 2012 and over 60 of those recommendations are contained in the Credit Union and Co-operation with Overseas Regulators Act 2012 (the "2012 Act").

The purpose of the International Credit Union Regulators' Network ("ICURN") review was to assess the performance of the Central Bank's performance of its regulatory functions in relation to credit unions. The review assessed the legal, regulatory and prudential supervisory framework in place to fulfil the Central Bank's mandate under section 84 of the Credit Union Act, 1997 and accordingly focused on the legal and regulatory framework for the regulation of credit unions in effect at the time of the review. Overall the review found that the Central Bank effectively performs its functions in the regulation and supervision of the credit union sector.

ICURN made a number of recommendations to the Central Bank under various headings outlining specific refinements. I am aware of the suggestion made by ICURN under the heading Communications and Guidance that consideration be given by the relevant authority to directing a closely-defined, limited review to evaluate the implementation of the original recommendations of the Commission on Credit Unions. ICURN acknowledges that this is not a matter for the Central Bank and suggests that such a review could be carried out by the Credit Union Advisory Committee (CUAC). I am currently considering this suggestion.

The 2012 Act was signed into law by the President in December 2012. It was agreed at that time that it would be neither practical nor feasible to commence the 2012 Act in its entirety in one fell swoop. Following on from that, an implementation timetable for the 2012 Act was devised in consultation with stakeholders, including credit union representative bodies.

Commencement of all sections of the 2012 Act has been aligned with the credit union financial year and the introduction of the underpinning Central Bank regulations, with a view to implementation of the 2012 Act in a coherent and cohesive manner. This has provided credit unions with the time necessary to ensure that the required processes and procedures are in place prior to implementation of each tranche.

I am very aware of the perceived impact of the new regulations being highlighted by the credit union sector as I have met with the three credit union representative bodies and this issue was discussed. It is my intention to commence the remaining sections of the 2012 Act on 31 December 2015 in line with the introduction of the regulations by the Registrar of Credit Unions.

The Government's priorities remain the protection of members' savings, the financial stability of credit unions and the sector overall and it is absolutely determined to continue to support a strengthened and growing credit union movement. 

Licensed Moneylenders

Questions (159)

Seán Fleming

Question:

159. Deputy Sean Fleming asked the Minister for Finance his plans to improve the regulation of moneylenders; when this matter will be fully and satisfactorily dealt with; and if he will make a statement on the matter. [41364/15]

View answer

Written answers

I have been advised by the Central Bank that a licensed moneylender carries on the business of moneylending under the specific terms of the license granted by the Central Bank. Customers of licensed moneylenders are protected by a range of provisions that moneylenders must adhere to, including but not limited to, the Consumer Protection Code for Licensed Moneylenders, the European Communities (Consumer Credit Agreements Regulations) 2010 and the Consumer Credit Act, 1995.

Compliance with supervisory and legislative requirements is monitored on an ongoing basis through a robust annual licensing process, advertising and market intelligence monitoring and themed and institution-specific inspections. Issues identified are addressed with the relevant firms. Failures to adhere to the supervisory and legislative requirements have and will continue to lead to appropriate action being taken, including proceedings under the Central Bank's Administrative Sanctions Procedures, where relevant.

Neither I nor the Central Bank has any role in relation to the regulation of illegal moneylenders and the Central Bank has informed me that it reports any suspicions to the Gardaí. Illegal money lending is a criminal offence and a matter for An Garda Síochána to investigate.

I would strongly encourage every Deputy to ask that anybody who has information about the operation of unlicensed moneylenders makes it available to the Garda Síochána, whose duty it is to enforce the law in this area.

Universal Social Charge Application

Questions (160)

Terence Flanagan

Question:

160. Deputy Terence Flanagan asked the Minister for Finance his views on a matter (details supplied) regarding the universal social charge; and if he will make a statement on the matter. [41365/15]

View answer

Written answers

I am advised by the Revenue Commissioners that they have reviewed the liability of the person concerned to Universal Social Charge (USC) having regard to the circumstances of the person as known to them. I am further advised by Revenue that it would appear that the person concerned is paying the correct amount of USC.

The person concerned can request a review of his tax liability for 2015 after the end of the year to ensure that, having regard to all of his circumstances, the correct deductions were made.

IBRC Operations

Questions (161)

Gerry Adams

Question:

161. Deputy Gerry Adams asked the Minister for Finance the safeguards in place to ensure that former directors or other employees of the Irish Bank Resolution Corporation are not profiting from the sale of the corporation's mortgage and commercial loan books through ownership of, or employment in, companies that bought the mortgage and commercial loan books; and if he will make a statement on the matter. [41404/15]

View answer

Written answers

Neither I nor the Special Liquidators of IBRC are in a position to comment on the intentions or subsequent actions of third party purchasers (or the safeguards they have employed) once they have purchased loan assets from IBRC. Furthermore, I have no legal basis to place restrictions on any business or employment interests of former employees or directors of IBRC.

Small and Medium Enterprises Supports

Questions (162, 164)

Tom Fleming

Question:

162. Deputy Tom Fleming asked the Minister for Finance the status of proposals for the provision of finance to small and medium enterprises from the European Investment Fund; and if he will make a statement on the matter. [41412/15]

View answer

Tom Fleming

Question:

164. Deputy Tom Fleming asked the Minister for Finance the status of proposals for the provision of finance to small and medium enterprises from the European Investment Fund; and if he will make a statement on the matter. [41575/15]

View answer

Written answers

I propose to take Questions Nos. 162 and 164 together.

The Action Plan for Jobs 2015 contains a commitment to increase engagement with the EIF in developing and implementing mechanisms designed to maximise the provision of enhanced financing to SMEs.

I understand that the Department of Jobs, Enterprise and Innovation as the lead Department responsible for the Action Plan for Jobs (and supported by the Department of Finance, the SBCI and Enterprise Ireland) will shortly bring forward committee stage amendments to the Credit Guarantee (amendment) Bill 2015 which it is hoped will enable Ireland to increase its access to EIF risk sharing initiatives.

More broadly, the Government remains committed to the SME sector and the Department of Finance, working with the other relevant Departments and Agencies, will continue to monitor the availability of both bank and non-bank credit with a view to taking appropriate actions as warranted to ensure that SMEs in Ireland have the opportunity to reach their full potential in terms of growth and employment generation. 

Tax Yield

Questions (163)

Terence Flanagan

Question:

163. Deputy Terence Flanagan asked the Minister for Finance for details of the Exchequer receipts on a litre of petrol and a litre of diesel at garage pumps; and if he will make a statement on the matter. [41489/15]

View answer

Written answers

I am advised by the Revenue Commissioners that the Mineral Oil Tax (MOT) and VAT content of a litre of petrol and diesel, based on current average prices, are shown in the table below.

Commodity

Price per Litre

Mineral Oil Tax Content

VAT Content

Total Tax Content

(1 Litre)

(Cent)

(Cent)

(Cent)

(Cent)

Petrol

130.9

58.771

24.477

83.248

Diesel

119.9

47.902

22.420

70.322

The Deputy may be interested to note the 2014 figures are published on the Revenue statistics webpage at: http://www.revenue.ie/en/about/statistics/incidence-taxation.xls. The MOT rates have remained unchanged, however the average price paid at the garage pump for both petrol and diesel has fallen therefore impacting the amount of VAT paid.

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