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Wednesday, 8 Jun 2016

Written Answers Nos. 152-165

EU Directives

Questions (152, 153)

Pearse Doherty

Question:

152. Deputy Pearse Doherty asked the Minister for Finance how Ireland used the discretion available under the mortgage credit directive; and if he will make a statement on the matter. [14808/16]

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Pearse Doherty

Question:

153. Deputy Pearse Doherty asked the Minister for Finance if he is aware of concerns that the mortgage credit directive has increased the difficulty for those who live in the Six Counties getting a mortgage here and for returned emigrants to acquire a mortgage here because of chapter 9, Article 23 of the directive; and if he will make a statement on the matter. [14809/16]

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Written answers

I propose to take Questions Nos. 152 and 153 together.

The Mortgage Credit Directive was transposed into Irish law by the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 - SI 142 of 2016 (http://www.irishstatutebook.ie/eli/2016/si/142/made/en/pdf).

The Member State discretions contained in the Directive were the subject of a public consultation process in Ireland and the submissions received in that process, together with my decision on each of the those discretions, were published on my Department's website in July 2015 (subject to a subsequent adjustment to one decision as also published on the Department's website in March 2016).  The full details on this is attached (http://www.finance.gov.ie/what-we-do/banking-financial-services/mortgage-creditdebit/mortgage-credit-debt) and the respective decisions were incorporated, where necessary, into the transposing Regulations.

Having regard to the potential risks for consumer borrowers associated with foreign currency mortgages, the Directive provides for a common minimum regulatory framework to apply to such loans on a European wide basis.  In particular, it provides that, at the time a foreign currency mortgage agreement is concluded, the consumer will have the right to convert the foreign currency loan into an alternative currency or that other arrangements be in place to limit the exchange rate risk to which the consumer is exposed under such a credit agreement.  This is a mandatory requirement of the Directive and the transposing Regulations provide that a creditor shall ensure that at least one of these options is now available to a consumer when taking out a foreign currency mortgage loan. The Directive also gave a discretion to Member States to further regulate foreign currency mortgage loans, but the general view arising from the consultation process was that no further regulation of such loans should be made at this time and, therefore, I decided not to avail of that discretion when transposing Regulations.  However, that will not preclude the adoption of such further regulatory measures on foreign currency mortgages at a future point if considered appropriate, provided that it would be consistent with the provisions of the Mortgage Credit Directive and EU law more generally.

It is accepted that these new provisions will impose some additional regulatory requirements on Irish banks who provide foreign currency mortgage loans, but this will also need to be considered against the additional protections which will now apply to consumers who enter into such agreements.  While it is a commercial matter for individual lenders to decide on the type and nature of credit it wishes to offer to consumers in general or in any individual case, I would nevertheless expect that lenders should be in a position to adjust their systems and practices to take on board evolving legal and regulatory developments in the mortgage area, including those as set out in the Mortgage Credit Directive, which have a primary objective of increasing the protections available to consumer mortgage borrowers.

Strategic Banking Corporation of Ireland Data

Questions (154)

Shane Cassells

Question:

154. Deputy Shane Cassells asked the Minister for Finance the precise number and percentage of small and medium enterprises refused funding for the Strategic Banking Corporation of Ireland scheme in each of the eight stated regions in 2015; and if he will make a statement on the matter. [14978/16]

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Written answers

The Strategic Banking Corporation of Ireland (SBCI) does not lend directly to SMEs. It uses a network of lending partners known as 'on lenders' to make its funds available to eligible businesses. The SBCI commenced lending via its initial on lending partners in March 2015.  To the end of December 2015, in the first 10 months of its operation, the SBCI has ensured that almost €172 million has been lent to c. 4,600 SMEs with broad coverage across various business sectors and in all regions of the country.

The current on lending partners of the SBCI are: AIB, Bank of Ireland, Ulster Bank, Finance Ireland, First Citizen and Merrion Fleet Management. In the first instance, SMEs apply to one of these six on lenders who carry out a credit approval assessment on the loan applications. Where a loan application does not meet the credit underwriting requirements of the on lender, the SBCI is not advised of the application or its outcome. Consequently, it is therefore not possible to report on applications refused at this point in the process.

If a loan application meets the on lender's credit underwriting requirements it will also be assessed, by the on lender, to examine whether or not it meets the SBCI's eligibility requirements.

The three main criteria for SBCI eligibility are:

1. That the activity of the borrower is eligible for SBCI funding

2. That the borrower is an eligible SME under the EU definition of an SME

3. That the borrower is eligible under EU State Aid rules

If the on lender considers that the application meets the above eligibility requirements it is submitted to the SBCI. The SBCI will then review the application to ensure that its eligibility criteria are met.  In a small number of cases, the SBCI has refused applications on eligibility grounds. To the end of May 2016, the SBCI has refused a total of 23 applications submitted to it by on lenders. These refusals were for various eligibility reasons and represent c.0.3% of the total applications received by the SBCI since its inception. As the number of refusals is low, it is not possible to provide a regional breakdown as to do so may potentially identify the SMEs involved.

It should be noted that, even where a borrower does not meet the SBCI's criteria, it is open to the on lender to provide the loan using its usual funding sources.

Vehicle Registration

Questions (155)

Pat Deering

Question:

155. Deputy Pat Deering asked the Minister for Finance the paperwork that needs to be presented to the Revenue Commissioners for a passenger vehicle that has been converted to a crew cab in order to avail of the 13% vehicle registration tax. [15011/16]

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Written answers

I am advised by Revenue that, as a minimum, the documentation required to show a vehicle meets the criteria for the 13.3% vehicle registration tax rate depends on whether the vehicle is a new unregistered vehicle or if it is a previously registered vehicle.

If the vehicle has not been registered previously in any jurisdiction, a 'type approval certificate' is the documentation required.  This is issued by a national type approval authority such as the National Standards Authority of Ireland (NSAI). If the vehicle has been converted since its most recent registration a 'Declaration of Conversion' by the owner and by a suitably qualified individual, supported by a NSAI report given by an approved test centre, is the documentation required.

Revenue may require further information as part of its consideration of the matter, depending on the circumstances of any particular case.

Ministerial Correspondence

Questions (156)

Éamon Ó Cuív

Question:

156. Deputy Éamon Ó Cuív asked the Minister for Finance the number of representations he has received from Members of the Oireachtas and the number of these to which he had not issued a substantive reply by 31 May 2016, by month of initial receipt, from 1 January 2015 to 30 April 2016; and if he will make a statement on the matter. [15037/16]

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Written answers

In response to the Deputy's question I have provided a table which identifies the number of representations received from Members of the Oireachtas from 1 January 2015 to 30 April 2016.  As is evident from the figures a large number of representations were received and an acknowledgement/initial response to such representations are issued upon receipt. Where a more detailed response is warranted and appropriate, this Department endeavours to prepare a response for issue as soon as possible.

Representations to the Minister for Finance from Members of the Oireachtas

1 January 2015 to 30 April 2016

2015

Month

Reps Received

Reps Answered

Substantive Reply not issued

January

44

39

5

February

70

64

6

March

64

58

8

April

108

99

9

May

71

64

7

June

117

102

15

July

129

117

12

August

110

105

5

September

201

193

8

October

203

182

21

November

109

91

18

December

64

58

8

TOTAL

1290

1172

122

2016

Month

Reps Received

Reps Answered

Substantive Reply not issued

January

54

47

7

February

39

30

9

March

20

15

5

April

29

21

8

TOTAL

142

113

29

Credit Union Services

Questions (157)

Michael Fitzmaurice

Question:

157. Deputy Michael Fitzmaurice asked the Minister for Finance if he supports the roll-out of debit cards by credit unions as per the programme for Government; if he will ensure that the Central Bank supports this initiative by the credit union movement; and if he will make a statement on the matter. [15048/16]

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Written answers

In its Programme for Government, this Government is very clear on its support of the invaluable role of credit unions in Ireland and specifically supports credit unions moving towards more electronic and on-line services, including the rollout of debit cards and enhanced on-line financial services.

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 (1997 Act) and related statutory instruments 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 to 51 of the 1997 Act.

Both this Government and the Central Bank are supportive of credit unions developing additional services. The Central Bank informs me that is open to working with credit unions to ensure that prudent and appropriate development of the business model can be facilitated within the regulatory framework. The development of debit card services is a matter for the Registry of Credit Unions and applications for such a service must be approved by the Central Bank.

I have further been informed by the Central Bank that it has been clear in its engagement with credit unions and other stakeholders seeking to offer debit cards, that this service must be supported by the appropriate payment account service. Consequently, a full payment account service has recently been developed by the Registry of Credit Unions to allow eligible credit unions to offer these accounts and associated payment instruments such as debit cards. The service is subject to formal application and approval as an additional service under sections 48 to 51 of the 1997 Act. The Central Bank has received a number of applications which are currently being processed. No credit union has yet been approved for this service.

While the Government recognises the important role of credit unions as a volunteer co-operative movement in this country, its priorities remain the protection of members' savings, the financial stability of credit unions and the sector overall and it is determined to support a strengthened and growing credit union movement.

EU Directives

Questions (158)

Clare Daly

Question:

158. Deputy Clare Daly asked the Minister for Finance further to Parliamentary Question No. 58 of 18 May 2016 the care he uses in gathering advice from the Revenue Commissioners and other independent taxation experts before his attendance at European Council meetings such as the Economic and Financial Affairs Council on 25 May 2016, where it is clear from his comments that he does not support the draft directive addressing tax avoidance practices commonly used by large companies which many, including the Organisation for Economic Co-operation and Development, regard as a proper and effective plan to address issues of tax justice. [15055/16]

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Written answers

The Commission's proposed Anti-Tax Avoidance Directive was discussed at the Economic and Financial Affairs Council on 25 May 2016. The Directive was proposed by the European Commission in January 2016 and includes six significant corporate tax anti-avoidance measures.  Three of the measures derive from the non-binding elements of the OECD BEPS process, with the remaining three measures coming from the European Commission's previous Common Consolidated Corporate Tax Base (CCCTB) Directive.

Ireland has been at the forefront of BEPS implementation and I have been very clear that I support the intention of this proposed Directive to tackle base erosion and profit shifting.  Ireland has engaged constructively in the negotiation of the Directive, while seeking to protect Ireland's long-term interests in key areas.  At the May ECOFIN meeting, while stating my support for the Directive, along with a number of other Ministers, I highlighted that further work was needed before it could be agreed.  My officials and I will continue to engage with the Presidency, the Commission and other Member States to try and reach an agreement which is acceptable to all Member States and ambitious in targeting base erosion and profit shifting.

The OECD carried out a significant volume of public consultation on the BEPS reports and a large number of Irish stakeholders engaged in this processes.  My Department also carried out a public consultation on the potential Irish impact of the BEPS proposals during 2014. The Revenue Commissioners are closely involved in this work at every stage to provide expert technical input. My Department also engages widely with a range of stakeholders on an ongoing basis on international tax issues.

School Transport Availability

Questions (159, 176)

Robert Troy

Question:

159. Deputy Robert Troy asked the Minister for Education and Skills to make provisions for the school bus service for Ballymahon secondary schools to pick up pupils in the village of Ballymore, County Westmeath; and if he will make a statement on the matter. [14384/16]

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Robert Troy

Question:

176. Deputy Robert Troy asked the Minister for Education and Skills to allow the school transport bus collecting pupils for Ballymahon to pick up pupils in the village of Ballymore, County Westmeath; and if he will make a statement on the matter. [14370/16]

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Written answers

I propose to take Questions Nos. 159 and 176 together.

Bus Éireann is responsible for the operation of the school transport service on behalf of my Department.

Routes are planned in such a way to ensure that, as far as possible, eligible pupils have a reasonable standard of service while at the same time, ensuring that school transport vehicles are fully utilised in the most efficient and cost effective manner.

Bus Éireann has advised that the route of this service for the 2016/17 school year will be examined in the reorganisation of services during the summer.

School Transport Administration

Questions (160)

Michael Healy-Rae

Question:

160. Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on a matter (details supplied) regarding persons over 70 years of age not permitted to drive buses to bring children to school; and if he will make a statement on the matter. [14406/16]

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Written answers

The Deputy is aware that Bus Éireann operates the school transport scheme on behalf of the Department.

As outlined previously, Bus Éireann has advised my Department that in response to the expressed wishes of many school bus drivers - both Bus Éireann and private contractor school bus drivers - who wanted to remain in the position upon reaching retirement age at sixty-five years, and following the advice of their Medical Department, the Company decided to alter the compulsory retirement age for school bus drivers who provide services under the School Transport Scheme to enable experienced personnel to remain on in the position for a maximum of five more years if desired.

School bus drivers who opt to remain on after sixty-five years of age may do so up to the age of seventy, if they are satisfied to do so, subject to annual medical review and once they continue to hold the requisite driving licence. Bus Éireann has further advised that the opinion of the Bus Éireann Chief Medical Officer is that, given the demanding and safety critical nature of School Bus driving, 70 years of age is deemed a reasonable age at which to retire from such employment.

Departmental Reports

Questions (161)

Robert Troy

Question:

161. Deputy Robert Troy asked the Minister for Education and Skills when the Cassells report will be published; and if he will make a statement on the matter. [14248/16]

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Written answers

The Government recognises the importance of higher education to Ireland's future economic and social development and also the huge impact a higher education experience has on the lives of individuals. In considering the best way forward, the previous Government established an Expert Group to examine future funding requirements for higher education and to present options for developing a sustainable long term funding strategy for the sector.

The Expert Group has completed its work and its report will shortly be considered. This report will allow for a real and meaningful discussion on the funding requirements of the sector and how those requirements should be met. As signalled in the Programme for Government, the report will be published and it is the intention to consult the cross-party Oireachtas Committee as part of the process for formulating a plan for the future of this sector. This will ensure that all views can be heard and considered on the most appropriate way forward for the Irish higher education system. I would like to assure the Deputy that we will engage quickly and openly with the Committee on this issue.

Third Level Data

Questions (162)

Robert Troy

Question:

162. Deputy Robert Troy asked the Minister for Education and Skills how the staff-pupil ratio of Ireland's universities compares to the European average. [14249/16]

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Written answers

The data requested is not collected separately for the university sector, however in the 2014/15 academic year, there were just over 18,000 core staff across the higher education system (whole-time equivalents). This figure encompasses some 9,800 academic staff and 8,300 non-academic staff. These figures do not include contract research staff. There were just over 190,000 students (whole-time equivalents) enrolled in 2014/15 giving an average academic staff:student ratio across the higher education system of 1:19.6.

The OECD publication Education at a Glance provides comparative information on staff:student ratios for OECD countries. The 2015 report shows that the OECD and the EU21 average is 1:16. It should be noted that the 2015 OECD Report uses data from 2013 and Ireland's ratio in this report is 1:20.

Student Accommodation

Questions (163, 234)

Robert Troy

Question:

163. Deputy Robert Troy asked the Minister for Education and Skills if he has explored the feasibility of introducing value added tax incentives to third level institutions that have available landbanks to construct student accommodation. [14250/16]

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Ruth Coppinger

Question:

234. Deputy Ruth Coppinger asked the Minister for Education and Skills his plans to address the cost of accommodation for students; the steps he will take in the coming months for the 2016-17 academic year; and if he will make a statement on the matter. [14746/16]

View answer

Written answers

I propose to take Questions Nos. 163 and 234 together.

The Government is very conscious of the concerns regarding the availability of accommodation for students. The reality is that dealing comprehensively with this issue will only take place as part of a more general programme to address the major housing and homelessness issue, and the new Government has appointed a specific Minister for Housing with a commitment to develop an Action Plan for Housing within 100 days. The Dáil has also established a Committee on Housing and Homelessness to review the implications of these problems and to make recommendations in that regard. My Department has made a submission to this Committee specifically in relation to the issue of Student Accommodation.

In relation to student accommodation, the report, Student Accommodation: Demand & Supply, which was published last year by the Minister for Education and Skills sets out clearly that the demand for student accommodation outstrips supply in certain areas and will continue to do so in the coming years.

The full report can be accessed at http://www.education.ie/en/Publications/Education-Reports/Report-on-Student-Accommodation-Demand-and-Supply.pdf

There are 13 useful recommendations in this report some of which include capital financing, tax considerations and planning issues, as well as support for the rent-a-room scheme. Specifically in relation to Taxation, one of the recommendations contained in the Report is that consideration should be given to tax measures to develop on-campus accommodation for HEIs.

The previous Minister for Education and Skills introduced two immediate actions to begin this work.

Firstly, funding was provided by the HEA to the Union of Students' (USI) in Ireland to progress short-term solutions for students in need of accommodation. This funding will allow USI to develop their homes.usi.ie website, to communicate more effectively to student and homeowners, and to carry out research into this important issue.

Secondly, the establishment of an inter-departmental steering group to examine the recommendations contained in the HEA Report and to provide a coordinating mechanism to ensure that the higher education institutions have access to information on new potential funding and delivery models.

In addition to this, I should point out that a number of our Higher Education Institutions have Student Accommodation projects ongoing, or in the pipeline, with a number of additional on-campus Student Accommodation bed-spaces to come online from September 2016. Maynooth University have 296 new on-campus bed spaces, and UCD have 350 new on-campus bed spaces, which are due to come on stream in Autumn 2016.

In addition to this six other Higher Education Institutions are currently engaged in, or going through the planning phases for student accommodation projects, namely National University of Ireland Galway, Trinity College Dublin, University of Limerick, Dublin City University, University College Cork and Dublin Institute of Technology.

Finally, my Department is also examining other potential options for funding projects in conjunction with relevant stakeholders.

Third Level Funding

Questions (164)

Robert Troy

Question:

164. Deputy Robert Troy asked the Minister for Education and Skills when he will reintroduce capital funding for Irish third level institutions. [14251/16]

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Written answers

Capital funding for the Third level Sector was provided in the 2016-2021 Capital Plan. This comprised of a direct Exchequer investment of €150m, including €40m already allocated to the Grangegorman project, and €200m worth of funding for PPP projects. It provides for a total investment of €350m in the Sector.

Teaching Qualifications

Questions (165)

Danny Healy-Rae

Question:

165. Deputy Danny Healy-Rae asked the Minister for Education and Skills to reverse the Teaching Council's plan to abolish regulation 3, whereby Montessori teachers and primary teachers who trained outside of Ireland can teach in special schools and work as resource teachers and substitute teachers in mainstream schools; to reinstate the special supplementary panel for probation to continue to be available pre-Droichead for all newly qualified teachers, including those in special education settings, until the issues around Droichead are sorted; and to oppose the proposed changes that will prohibit the registration of newly qualified Association Montessori International, St. Nicholas-trained Montessori teachers and those trained outside of Ireland after 2021; and if he will make a statement on the matter. [14260/16]

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Written answers

Since 2006, the Teaching Council is the body with statutory responsibility and authority for regulation of the teaching profession, including the registration of teachers under the Teaching Council Acts 2001-2015.

Under the Teaching Council [Registration] Regulations 2009, Regulation 3 (Montessori and other categories), graduates with certain Montessori qualifications (Level 8 on the National Framework of Qualifications) are allowed to be registered as teachers to teach in certain restricted settings in recognised schools.

Lengthening and reconfiguring the programmes of initial teacher education is a key component of the National Strategy to Improve Literacy and Numeracy among Children and Young People 2011-2020. These changes were incorporated into the Teaching Council's Policy Paper on the Continuum of Teacher Education, which set the criteria for providers of initial teacher education.

A revision to the registration regulations was required to provide for the recognition of graduates of the 59 reconceptualised programmes of initial teacher education which are accredited by the Council as qualifying persons to teach in Ireland. Following significant stakeholder engagement, revised regulations were drawn up by the Teaching Council.

The revised regulations also give effect to changes made in the Teaching Council (Amendment) Act 2015, such as the placing of the garda vetting of new teachers on a statutory footing. They provide for persons currently registered with the Council under Regulation 3 on the basis of holding a level 8 Montessori qualification and allow for the registration of persons who obtain a level 8 Montessori qualification, where the course is commenced on or before 1 October 2016 and the qualification is obtained before the end of 2021.

The regulations were recently provided to my Department for my consent and approval.

The Deputy should note that my Department has no plans to change the current position whereby teachers who are registered with a level 8 Montessori qualification under Regulation 3 (or its equivalent in the new regulations) who are eligible for employment as teachers of pupils with special education needs in recognised mainstream primary schools and special schools.

The Deputy refers also to the Supplementary Special National Panel. The position is that, since the end of the 2012/13 school year, this Panel is being phased out and no new applications are being accepted. This decision by my Department reflects the wider availability of primary teachers who are qualified to work in all settings, which was not the case when this panel was originally set up.

I note also the reference to probation and Droichead. Since 2012, the Teaching Council has responsibility for determining policy, procedures and criteria for the induction and probation of newly qualified teachers. Droichead which is the enhanced model of induction for Newly Qualified Teachers (NQTs) developed by the Council is being phased in at present and will be the only recognised route of induction for all new teachers from September 2018. In the meantime, NQTs in mainstream settings may complete probation through external evaluation conducted by my Department's inspectors. However, completion of the induction/probation process in special education settings can only be achieved through the Droichead process.

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