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Tuesday, 2 Feb 2016

Written Answers Nos. 165-80

Financial Services Ombudsman

Questions (165, 173)

Mattie McGrath

Question:

165. Deputy Mattie McGrath asked the Minister for Finance the legislative and regulatory measures he is taking to address instances where persons have been mis-sold financial products such as endowment mortgages, investments, payment protection insurance, and so on; if he will amend the existing Statute of Limitations under which financial institutions have evaded the duty to offer compensation to such persons (details supplied); and if he will make a statement on the matter. [3950/16]

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Clare Daly

Question:

173. Deputy Clare Daly asked the Minister for Finance if he will purpose legislation or take other steps to change the Statute of Limitations for mis-selling of financial products, so that the six-year time limit will originate at the time a customer becomes aware of mis-selling, rather than originating at the time of sale; and if he will make a statement on the matter. [4101/16]

View answer

Written answers

I propose to take Questions Nos. 165 and 173 together.

The Statute of Limitations comes under the aegis of my colleague the Minister for Justice and Equality and I understand that the operation of the law in relation to the Statute of Limitations is a matter of ongoing review at that Department.  

In relation to financial services, as the Deputy is aware, Section 57BX (3)(b) of the Central Bank Act 1942 as amended prevents the Financial Services Ombudsman from examining any aspect of a complaint where the conduct being complained of occurred more than 6 years before the receipt of the complaint in his Office.  The Financial Services Ombudsman has no discretion in relation to the 6 years rule.

My Department has been progressing the amalgamation of the Offices of the Financial Services Ombudsman and the Pensions Ombudsman. 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.

Financial Services Ombudsman Data

Questions (166)

Mattie McGrath

Question:

166. Deputy Mattie McGrath asked the Minister for Finance the amount of compensation that has been awarded to persons who have been mis-sold financial products during the lifetime of this Government; and if he will make a statement on the matter. [3951/16]

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Written answers

The scope of this question is very broad and I do not have access to the data requested by the Deputy specifically awarded for mis-selling. Compensation may be awarded by the Courts as well as by agencies under my aegis and there can be multiple reasons for awards of compensation.

In relation to bodies under my aegis, I have been advised by the Central Bank that the Bank does not have a figure for amounts awarded as compensation for mis-selling of financial products. However the 2014 Annual Report contains some published information on redress by regulated firms arising from errors or overcharging reported to the Central Bank or arising on foot of issues identified through supervisory activity. 

The report referred to €70.1 million restitution in respect of payment protection insurance and an overall total of over €100 million restitution. Full details are available at http://www.centralbank.ie/press-area/press-releases/Documents/Annual%20Report%202014.pdf.

In relation to cases dealt with by the Financial Services Ombudsman, the Ombudsman has informed me that the information requested by the Deputy is as follows:

Year

Complaint Type

Compensation Awarded

2011

Mis-selling

€974,632.00

2012

Mis-selling

€566,524.00

2013

Mis-selling

€380,071.00

2014

Mis-selling

€365,583.00

2015

Mis-selling

€564,612.00

Compensation is not the only remedy available to the Ombudsman, he also has powers of rectification ( i.e. putting a person back to a position where they previously were before the complaint arose) and no account of any rectification is included in the figures above.

Departmental Agencies Staff Remuneration

Questions (167)

Michael McGrath

Question:

167. Deputy Michael McGrath asked the Minister for Finance if any staff members of the National Treasury Management Agency, NTMA, or the National Asset Management Agency, NAMA, received a bonus payment for 2015; the total amount paid out in bonuses by the NTMA in 2015; how many staff received a bonus; the highest individual amount paid out; and if he will make a statement on the matter. [4016/16]

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Written answers

The National Treasury Management Agency have informed me that no performance related payments have been made to date by the NTMA in respect of financial year 2015.  Performance related payments made in 2015 relating to financial year 2014 totalled €79,200 and were paid to 16 people. The highest individual payment was €10,000.

I am also advised that no such performance related payments are due to be made to any staff assigned to the National Asset Management Agency (NAMA) in respect of the financial year 2015 and no such performance related payments were made in relation to 2014.

Tax Credits

Questions (168)

Jack Wall

Question:

168. Deputy Jack Wall asked the Minister for Finance the reasons the tax credit of a person (details supplied) in County Kildare was adjusted; and if he will make a statement on the matter. [4045/16]

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Written answers

I am advised by Revenue that the tax credits for the person concerned were adjusted to deal with underpayments of tax which were reflected in PAYE Balancing Statements issued in June last year. The matter has been discussed with the person concerned and the adjustment has been spread over a longer timeframe to minimise the financial impact.

Fuel Laundering

Questions (169, 170, 171)

Michelle Mulherin

Question:

169. Deputy Michelle Mulherin asked the Minister for Finance the number of mobile testing laboratories for on-the-spot analysis of contaminated fuel the Revenue Commissioners have commissioned, including the purchase cost per laboratory; when they were commissioned and became operational and where they have been used for the analysis of samples; and if he will make a statement on the matter. [4046/16]

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Michelle Mulherin

Question:

170. Deputy Michelle Mulherin asked the Minister for Finance , further to Parliamentary Question No. 244 of 16 June 2015 regarding the use of mobile equipment for on-the-spot analysis of fuel samples, what does the analysis by this equipment detect and are the tests carried out on the roadside, in forecourts, or in controlled environments; and if he will make a statement on the matter. [4047/16]

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Michelle Mulherin

Question:

171. Deputy Michelle Mulherin asked the Minister for Finance the number of tests the Revenue Commissioners carried out for contaminated fuel using mobile testing laboratories; the locations where these tests have been carried out; the outcome of each test; the number of prosecutions made or pending as a result of tests made; and if he will make a statement on the matter. [4048/16]

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Written answers

I propose to take Questions Nos. 169 to 171, inclusive, together.

I am advised by the Revenue Commissioners that following the introduction of a new marker to all rebated mineral oil last year in Ireland and the UK, the Commissioners procured five portable analysers at a cost of €285,000 for use in the detection of the new marker in road fuel. The analysers, which are micro Gas Chromatograph analysers, were introduced on a phased basis from last September, and have been deployed throughout the country to test road diesel samples on the basis of risk.

The analysers are generally used to test road diesel stored or for sale at the premises of oil distributors and forecourts, as well as fuel stored at the premises of businesses involved in road transport, including hauliers and bus companies. They are also deployed occasionally at roadside checks where it is safe to do so. It should be noted that while the detection of the new marker in road fuel by the analysers empowers Revenue to detain or seize suspect fuel, subsequent prosecutions are only initiated following formal testing and certification of the presence of the marker by the State Laboratory.

In the period September-December 2015, approximately 500 samples were tested using the analysers, resulting in 15 cases where detection of the new marker is being investigated with a view to prosecution. 

The new marker and the portable analysers are the latest elements in a comprehensive strategy implemented by Revenue to combat fuel fraud. Previous measures introduced include a strengthened licensing regime incorporating a new mineral oil licence for traders retailing marked fuels, and a system for monitoring the supply chain based on the electronic submission of returns by all oil traders of their fuel transactions.

In addition to introducing the necessary legislative provisions to underpin these important initiatives, I also put in place other measures designed to strengthen Revenue's hand in combatting fuel criminality. The Finance (No. 2) Act 2013 provides that a supplier who is reckless in supplying fuel for a use connected with excise fraud will be liable for duty at the standard rate of tax, which introduced a very significant disincentive to such activity. In the Finance Act 2014, I introduced measures to further strengthen Revenue's ability to refuse or revoke a mineral oil trader's licence where the trader does nor comply with excise law or does not maintain adequate stock management systems and records.

Revenue's action against fuel fraud has already yielded significant results. In the period since 2011, 31 oil laundries have been detected and closed down, more than 3 million litres of fuel have been seized and 139 filling stations were closed for trading without a licence or for breaches of licence conditions.

The industry view is that the measures implemented to date have been successful in curtailing fuel laundering in Ireland.  This view is supported by a significant increase in tax revenues from road diesel over the past three years.  An analysis of long term consumption trends for road diesel and marked diesel in Ireland undertaken by Revenue also pointed to a significant change in the pattern of consumption following implementation of the measures referred to above. 

I am satisfied that Revenue's strategy for tackling fuel laundering has been very successful and I am confident that with the new marker and testing equipment now in place the opportunities for fuel fraud are significantly reduced.

Disabled Drivers and Passengers Scheme

Questions (172)

Pearse Doherty

Question:

172. Deputy Pearse Doherty asked the Minister for Finance the number of applications received, the number of successful applications, the number of applications which were refused under the disabled drivers and disabled passengers tax concessions scheme, per county, in 2015 and, to date, in 2016, in tabular form. [4075/16]

View answer

Written answers

As the Deputy is aware, any person who receives a Primary Medical Certificate may avail of the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. These certificates are issued by the HSE.

Accordingly, it may be more appropriate to ask my colleague the Minister for Health the number of successful applications for the Primary Medical Certificate per county.

Question No. 173 answered with Question No. 165.

Tax Rebates

Questions (174)

Jack Wall

Question:

174. Deputy Jack Wall asked the Minister for Finance if a person (details supplied) in County Kildare is due a tax refund on income in 2015; and if he will make a statement on the matter. [4110/16]

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Written answers

I am advised by Revenue that due to a processing error an initial review of the tax position of the person concerned suggested that tax was due for 2015. A further review confirms that a refund of tax is due.

Revenue has arranged for the issue of an amended PAYE Balancing Statement for 2015 and the refund due will issue very shortly.

Tax Code

Questions (175)

Sandra McLellan

Question:

175. Deputy Sandra McLellan asked the Minister for Finance why an unmarried couple are deemed a cohabiting couple when claiming social protection but are deemed single persons when one of the partners gains employment and is trying to claim tax back; and if he will make a statement on the matter. [4135/16]

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Written answers

Where a couple is cohabiting, rather than married or in a civil partnership, each partner is treated for the purposes of income tax as a separate and unconnected individual. Because they are treated separately for tax purposes, tax credits, tax bands and reliefs cannot be transferred from one partner to the other. Cohabitants do not have the same legal rights and obligations as a married couple or couple in a civil partnership which is why they are not accorded similar treatment to couples who have a civil status that is recognised in law.

The basis for the current tax treatment of married couples derives from the Supreme Court decision in Murphy v. Attorney General (1980). This decision was based on Article 41.3.1 of the Constitution where the State pledges to protect the institution of marriage. The decision 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. 

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.

From a practical perspective, it would be very difficult to administer a tax regime for cohabitants which would be the same as that for married couples or civil partners. Married couples and civil partners have a verifiable official confirmation of their status. It would be difficult, intrusive and time-consuming to confirm declarations by individuals that they were actually cohabiting. It would also be difficult to establish when cohabitation started or ceased. 

There would also be legal issues with regard to 'connected persons'. To counter tax avoidance, 'connected persons' are frequently defined throughout the various Tax Acts. The definitions extend to relatives and children of spouses and civil partners. This would be very difficult to prove and enforce in respect of persons connected with a cohabiting couple where the couple has no legal recognition. There may be an advantage in tax legislation for a married couple or civil partners as regards the extended rate band and the ability to transfer credits. However, their legal status has wider consequences from a tax perspective both for themselves and persons connected with them.

The treatment of cohabiting couples for the purposes of social welfare is primarily a matter for my colleague, the Minister for Social Protection, Ms. Joan Burton TD. However, it is also based on the principle that married couples should not be treated less favourably than cohabiting couples. This was given a constitutional underpinning following the Supreme Court decision in Hyland v. Minister for Social Welfare (1989) which ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting.

Customs and Excise Staff

Questions (176)

Tony McLoughlin

Question:

176. Deputy Tony McLoughlin asked the Minister for Finance the number of unfilled vacancies at each grade structure in the office of Customs and Excise in counties Cavan, Donegal, Leitrim and Sligo; if the existing resources available are adequate to combat the marked increase in the availability of narcotics in these counties; and if he will make a statement on the matter. [4155/16]

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Written answers

The Revenue Commissioners have advised me that the total staffing complement for their Borders, Midland and West (BMW) Region, which includes counties Cavan, Donegal, Leitrim and Sligo, in 2016 is 820 Whole-Time Equivalent (WTE).  The total current serving WTE in the BMW Region is 825.89.  There are currently no unfilled vacancies in the BMW Region in the context of the overall grade allocation for the Region in 2016.

The table below provides details of the serving staff in the BMW Region by grade.

Grade

WTE

Assistant Secretary

1.00

Principal

10.00

Assistant Principal

39.00

Higher Executive Officer

128.33

Administrative Officer

22.00

Executive Officer

310.46

Staff Officer

23.95

Clerical Officer

277.44

Services

13.71

Total

825.89

In relation to the resources allocated to customs and excise, I am informed by the Revenue Commissioners that they are a fully integrated tax and customs administration and that it is not possible to disaggregate resources deployed exclusively at any given time on customs and excise.

The Deputy will be aware from my replies to his previous Questions in this matter that Revenue has an enforcement presence at all key airports and ports and at other strategic locations throughout the country, including the BMW Region. Revenue place particular emphasis on developing an intelligence-based focus at both national and regional level, deploying resources to areas of highest risk. Enforcement strength is augmented with additional personnel on a risk-assessment basis, or when particular operations are taking place against illegal activity.

VAT Rate Application

Questions (177)

Terence Flanagan

Question:

177. Deputy Terence Flanagan asked the Minister for Finance if he will address a matter (details supplied) regarding value added tax; and if he will make a statement on the matter. [4176/16]

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Written answers

I am advised by the Revenue Commissioners that the supply of dog grooming services is liable to VAT at the standard rate, currently 23%.  Paragraph 13(3) of Schedule 3 to the Value-Added Tax Consolidated Act 2010 provides that hairdressing services are liable at the second reduced rate of VAT, currently 9%.  

The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply.  While the EU VAT Directive provides for the possibility of applying a reduced rate of VAT to the supply of certain goods and services, specifically including hairdressing, it does not allow the reduced rate to be applied to the supply of dog grooming services.

Revenue Commissioners Reports

Questions (178)

Robert Dowds

Question:

178. Deputy Robert Dowds asked the Minister for Finance the next steps he will be taking to fill the data gaps identified in the recent spillover analysis of Irish tax policy; and if he will make a statement on the matter. [4268/16]

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Written answers

In October 2015 my Department published the results of a Spillover Analysis research project, investigating what effects, positive or negative, the Irish tax system may have on the economies of developing countries.   

Ireland has a long history of providing overseas aid and assistance to developing countries, and I am pleased to be taking a lead in this new area of research we are only the second country in the world to undertake a Spillover Analysis project of this nature.   As recognised in Ireland's International Tax Strategy, published in October 2013, the ability of developing countries to raise domestic tax revenues will be a key factor in allowing them to exit from a dependence on Official Development Assistance.

My decision to commission this Spillover Analysis was prompted by calls from non-governmental organisations for all developed countries to consider the potential impacts of proposed changes to their tax systems on developing countries, as recommended in a 2011 report by the IMF, OECD, UN and World Bank to the G-20 Development Working Group. 

The analysis completed on behalf of my Department by research consultants IBFD is significantly broader in scope, and is in effect a baseline analysis of Ireland's treaty network, tax system, and trade and capital flows with developing countries.

The element of the project analysing trade and capital flows was limited to direct flows between Ireland and the developing countries, and so does not capture transactions in longer supply chains where another developed country has the direct contact with the developing economy.  The combined efforts of many countries, assessing their direct flows to and from developing countries, will be required to form a full picture of how developing economies are affected by other domestic tax regimes.  It is for this reason that I proposed during the BEPS process that the OECD should adopt, at least in spirit, a 16th BEPS Action that insists on all countries undertaking a similar Spillover Analysis.  

It is my hope that, in addition to providing a roadmap for best practice in Ireland's future interactions with developing countries, the Spillover Analysis will be a model for other countries to follow in conducting such analyses.

Tax Yield

Questions (179, 180)

Finian McGrath

Question:

179. Deputy Finian McGrath asked the Minister for Finance the additional yield that would be generated if the 8% universal social charge rate was increased to 9% for persons earning over €70,044 per year; and if he will make a statement on the matter. [4275/16]

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Finian McGrath

Question:

180. Deputy Finian McGrath asked the Minister for Finance the cost of increasing the entry point into the universal social charge from €12,012 per year to €15,265 per year; and if he will make a statement on the matter. [4276/16]

View answer

Written answers

I propose to take Questions Nos. 179 and 180 together.

I am advised by the Revenue Commissioners that a Post-Budget 2016 Ready Reckoner is available on the Revenue Statistics webpage at http://www.revenue.ie/en/about/statistics/index.html. In relation to the Deputy's questions, this Ready Reckoner shows a wide range of detailed information, including the estimated cost or yield to the Exchequer of changes to the Universal Social Charge (USC) bands and rates.  While the Ready Reckoner does not show all of the specific costings requested by the Deputy, other changes can be estimated on a pro-rata basis with those displayed in the Reckoner.  For example, the full year cost of increasing the €13,000 entry point to USC by €1,000 is estimated to be €8.3 million. Further increases can be estimated on a straight line basis. I would remind the Deputy that I increased the entry point to USC from €12,012 (the rate referred to in his second question) to €13,000 in Budget 2016.

All figures provided in the Ready Reckoner are estimates for 2016 incomes from the Revenue tax forecasting model using latest actual data for the year 2013, adjusted as necessary for income, self-employment and employment trends in the interim. They are provisional and may be revised.

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