Written Answers Nos. 58-74
58. Deputy Brendan Smith asked the Minister for Finance if he is aware of the serious concern of fuel merchants in the Border counties following the imposition of a carbon tax on household fuel products; that the viability of many of these businesses is under threat; that revenue is being lost to the State; his plans to reduce the level of carbon tax; and if he will make a statement on the matter. [17516/16]
View answerI am aware of the concerns that fuel traders in the border counties have expressed that the price differential with Northern Ireland for solid fuel could give rise to trade distortions. The introduction of Carbon Tax was about sending a price signal that there is a cost associated with the consumption of fossil fuels to the detriment of the environment. In this regard solid fuels, which have been traditionally favoured by household consumers, have the highest carbon content of all fossil fuels. As a result they are considered the dirtiest fuels and given the environmental impact it is important they are taxed. While the carbon tax was introduced for transport fuels in December 2009, its application to solid fuels was delayed to allow for the development of a robust mechanism to counter the large scale sourcing of coal from Northern Ireland where lower sulphur standards apply. Such a mechanism is in place since June 2011 and the carbon tax was then applied to solid fuel on a phased basis in 2013 and 2014.Coupled with the long lead in period to the implementation of carbon tax on solid fuels generous grants have also been provided, through the Sustainable Energy Authority of Ireland, via Better Energy Homes and also provides home energy upgrades free of charge to vulnerable households via Better Energy Warmer Homes to reduce dependence on combustion of fossil fuels for home heating. The Better Energy Homes Scheme has to date provided over €190m in funding to over 185,000 homes resulting in a reduced energy demand. The carbon tax, as part of the overarching energy strategy, is a key tool to reduce emissions towards meeting our climate change commitments. Greenhouse gases are contributing to climate change and as a signatory to the UNCOP 21 Paris Agreement, Ireland has committed to play its part in reducing emissions. The carbon tax is deemed to be the most cost effective way of reducing overall emissions and therefore plays an important role in providing incentives for emission reduction activities in this regard, and it is important the tax is levied on all fossil fuels fairly to encourage behavioural changes. Accordingly, I do not intend to reduce the rate of carbon tax.
59. Deputy Thomas Pringle asked the Minister for Finance the status of his engagement with the post office network; if and when he will publish a draft ministerial order pursuant to section 67 of the Post and Telecommunications Services Act 1983 to enable post offices to provide a range of financial services, including a standard bank account; and if he will make a statement on the matter. [17500/16]
View answerMy Department has engaged with An Post in relation to the provision of payment accounts and the requirements of the Payment Accounts Directive which my Department is currently transposing. A public consultation on the national discretions contained in the Payment Accounts Directive was held last year and my Department is engaging with An Post and other stakeholders on this issue.
Ministerial Order S.I. 170 of 2016 which was signed on 19 April 2016 provides An Post with the necessary legal mechanism to begin providing a payment account service and to continue providing a number of other banking services which they currently offer.
60. Deputy Pearse Doherty asked the Minister for Finance his position on abolishing the universal social charge by 2021; and his plans to replace the potential €5.6 billion income per annum by 2021 that this charge could bring in by 2021. [17539/16]
View answerThe Summer Economic Statement published by Government this week reflects the tax and spending priorities set out in the Programme for a Partnership Government (PPG) and sets out the expected available fiscal space from 2017 to 2021. Over the period to 2021, the split in the use of fiscal space between spending and tax reductions is broadly in line with the Government Programme commitment of 2 to 1.
As the Deputy is aware, there is a commitment in the PPG to ask the Oireachtas to continue to phase out the USC as part of a wider medium-term income tax reform plan that keeps the tax base broad, reduces excessive tax rates for middle income earners, and limits the benefit for high earners. Reductions will be introduced on a fair basis with an emphasis on low and middle income earners.
The PPG states that reductions in personal tax rates - such as the phasing out of the USC needed to reward work and support enterprise and employment will be funded largely through:
- Extra revenues from not indexing personal tax credits and bands
- The removal of PAYE tax credit for high earners and other measures to ensure the tax system remains fair and progressive
- Higher excise duties on cigarettes and increased enforcement and sanctions on the illegal importation and sale of cigarettes
- Increased enforcement and sanctions on fuel laundering
- A new tax on sugar sweetened drinks
- Improving tax compliance
Work on development of the medium-term income tax reform plan is ongoing and as such the expected cost is not yet finalised. The plan is due to be published for consultation with the Oireachtas Committee on Finance in July, and for approval by the Oireachtas in October.
The revenue to be raised by planned offsetting tax changes, such as a sugar-sweetened drinks tax for example, will depend on, among other things, the rate at which the tax is set and the scope of its application. These issues are budgetary matters which will be determined through the budgetary process.
The income tax reform plan will aim to support job creation and reward work which is a key driver of growth and prosperity in the economy. In developing the plan, available resources will be a key consideration along with safeguarding the economic stability of the public finances and the wider economy.
61. Deputy Éamon Ó Cuív asked the Minister for Finance the number of meetings he attended in Germany in 2016; the purpose of these meetings; and if he will make a statement on the matter. [17488/16]
View answerI have attended a number of meetings in Germany to date in 2016. I recently met with my German counterpart, Minister Wolfgang Schäuble on the 9th June to discuss general economic matters and financial services issues of mutual interest to both Ireland and Germany.
I also met with Jörg Asmussen, former member of the Executive Board of the European Central Bank and former Deputy Finance Minister on the 9th June to discuss general economic matters in the wider European context.
I attended the Bilderberg meeting from 10th to12th June 2016 in Dresden. I, like a number of European ministers, was invited to attend given my position as Minister for Finance. For further information, I would point the deputy to the Bilderberg Meetings website (www.bilderbergmeetings.org) which includes information on the organisation's governance, steering committee, meetings, attendees, agendas and associated press releases. At this meeting and its workshops I took the opportunity to set out to my fellow attendees the opportunities that exist I Ireland for investors and multinational companies.
The Government is focussed on encouraging and supporting foreign direct investment into Ireland to provide jobs and continue to support economic growth. In January of this year, the IDA announced the highest level of employment in its client companies in its 67 year history. IDA client companies created 18,983 new jobs in 2015. These results mean that more than one-in-five private sector jobs in the economy are as a result of government supported FDI. I would point out to the Deputy that a number of the business attendees represented companies which have very significant investments in Ireland that support thousands of Irish jobs.
62. Deputy Pearse Doherty asked the Minister for Finance his plans to implement the motion on insurance costs passed by Dáil Éireann on 9 June 2016; and if he will make a statement on the matter. [17536/16]
View answerDiffering reasons have been put forward by various interested parties to explain Ireland's current increasing insurance costs. Motor insurance appears to be particularly affected with the cost of premiums increasing significantly in the past 12 months.
Reasons often presented include the increased level of insurance claims and the increasing value of compensation awards. Others highlight that the highly competitive nature of the domestic market for non-life insurance in recent years has begun to impact on firms' underwriting profitability with underwriting losses reported in 2014 for a number of high-impact firms.
To examine these issues in more detail and to assess what the options are for the Government, I have established a task force in my Department to undertake a Review of Policy in the Insurance Sector. The first phase of the work of the task force, which began in January 2016, is a review of the Framework for Motor Insurance Compensation. This is being carried out jointly with the Department of Transport, Tourism and Sport. This review also deals with broader issues around the Insurance Compensation Fund and its report will be submitted shortly to me and my colleague, the Minister for Transport, Tourism and Sport.
The broader work of the task force includes an examination of the issues debated during the Dáil Private Members' Motion of the 8th and 9th of June. The work is being undertaken in consultation with the Central Bank of Ireland, other Government Departments, Agencies and interested bodies. The aim of the review is to identify the factors contributing to the increasing costs of insurance, and to recommend measures to improve the functioning and regulation of the insurance sector in Ireland, identifying the issues that can be addressed on a more immediate basis and those that need more long-term policy implementation.
This work will be completed over the coming months.
63. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality the number of Muslims who have applied for Irish citizenship in the past three years; the number of these who are legally living here for the past three years; and if she will make a statement on the matter. [17652/16]
View answerThe entitlement to Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
The accompanying Regulations, SI No. 569 of 2011, prescribes the form to be used by a person applying for citizenship and details the information to be provided by the applicant. In accordance with the provisions of the Act as outlined above, this information does not include any requirement for details of a person's religion and accordingly the information sought by Deputy is not available.
64. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the status of an application for a visa appeal by a person (details supplied); and if she will make a statement on the matter. [17638/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an appeal in respect of the application referred to was received by the Irish Visa Office in New Delhi on 4 April, 2016. A decision was made on 9 June, 2016 and a letter issued to the applicant on the same date.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to the INIS Visa Office (visamail@justice.ie).
65. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality if a motorist is entitled to receive photo and calibration details from the fixed-charge processing office of An Garda Síochána prior to any possible appeal to the courts in respect of an alleged offence that may involve the imposition of penalty points; and if she will make a statement on the matter. [17641/16]
View answerThe Deputy will appreciate that I have no function in relation to the bringing of prosecutions for road traffic or other offences. To be of assistance, I have sought the observations of the Garda authorities in relation to the matters referred to and will contact the Deputy directly as soon as the information is to hand.
66. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the process of selecting persons for judicial appointments; her plans to change this system; if further appointments will be made prior to these reforms being introduced; and if she will make a statement on the matter. [17647/16]
View answerJudicial appointments are made by the President acting on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to me, as Minister for Justice and Equality, the names of the persons recommended for appointment. I then bring the names to Government which decides on the person(s) to nominate to the President for appointment.
The Deputy will be aware that the Programme for Government has significant commitments in relation to change in the area of judicial selection and appointment and I will be bringing proposals to Government for a General Scheme of a Judicial Appointments Bill to update and reform the Courts and Court Officers Act 1995 as soon as possible. In this context my Department is currently conducting a comprehensive review and analysis of all matters concerning the system of judicial appointments to ensure that it reflects current best practice. As part of this review, a public consultations process was conducted in 2014 to which there was a significant response with substantive and wide-ranging views received about the law and practice in respect of judicial appointments.
As the Deputy will know, any new proposed legislation in this area will also be the subject of full consultation and pre-legislative scrutiny so there will be ample further opportunity for interested persons and groups to express their further views in relation to the matter.
There are currently eight vacancies in the various courts and further vacancies will arise before the end of this year. I am currently considering the best approach not only in relation to filling the existing vacancies but also in terms of bringing forward the reform legislation. The Deputy will appreciate that while I cannot be definitive in respect of this issue today, I can say that the Government is likely to determine the approach to be taken on this matter in the coming weeks taking all of the relevant matters into account.
67. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if the Sex Offenders Act 2001 empowers the authorities to place restrictions on sex offenders, who have committed sex assaults against children, living in proximity to or overlooking playgrounds; if there are guidelines on these issues for the attention of the relevant authorities; and if she will make a statement on the matter. [17662/16]
View answerThe Sex Offenders Act 2001 provides that all sex offenders, subject to the provisions of Part 2 of that Act, must notify An Garda Síochána of their name and address, and any subsequent change to those details, for a specified period of time following the relevant conviction. Where a sex offender is sentenced to a term of imprisonment of 2 years or more, he or she will be subject to notification requirements for a period of indefinite duration.
Part 3 of the Act allows the Garda Síochána to apply to the Court for a Sex Offender Order where a sex offender has acted on one or more occasion in such a way as to give reasonable grounds for believing that an order is necessary to protect the public from serious harm from him or her. A Sex Offender Order can prohibit the sex offender from doing a thing or things specified in that order where the Court considers it to be necessary to do so to protect the public from serious harm. It would be open to the Court to impose restrictions on where a sex offender, subject to a Sex Offender Order, may frequent or reside.
Part 5 of the Act makes provision for a Court, when sentencing a convicted sex offender to a term of imprisonment, to include in the sentence a period of post-release supervision. The conditions which a Court may attach to a post-release supervision order may prohibit the offender from doing one or more things specified in the order where the Court considers it necessary to protect the public from serious harm. The Probation Service supervises offenders who are subject to court ordered community supervision. Conditions attached to the supervision order may include restrictions on living in certain areas.
68. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality the staff levels in the Garda Síochána vetting unit in Thurles, County Tipperary, annually in each of the years 2011 to 2015, inclusive, indicating the highest numbers and lowest numbers employed each year; and if she will make a statement on the matter. [17666/16]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including both sworn and civilian personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter.
I am assured by the Garda Commissioner that personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed and are determined by a number of factors including population, crime trends and the policing needs of each individual Division and Unit. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.
I have been informed by the Garda Commissioner that as of the 30 April 2016, the latest date for which figures are readily available, the Garda Síochána Vetting Unit had a complement of 156 civilian staff and 4 sworn members.
The following table sets out the staffing levels in the Garda Síochána vetting unit on the 31 December 2011 to 2015.
Staffing levels Garda Vetting Unit, Thurles
|
Year |
Gardaí |
Civilians |
|
31 Dec 2011 |
4 |
74 |
|
31 Dec 2012 |
4 |
89 |
|
31 Dec 2013 |
4 |
170 |
|
31 Dec 2014 |
4 |
167 |
|
31 Dec 2015 |
4 |
158 |
69. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the status of a Garda Síochána station (details supplied); her plans for same; and if she will make a statement on the matter. [17668/16]
View answerThe Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, which has the responsibility for the provision and maintenance of Garda accommodation.
I am advised by Garda authorities that plans have been submitted by the Office of Public Works to Garda management which seek to address issues identified at a local level regarding the condition of Ramelton Garda Station, as well as providing for increased office space and facilities to interact with members of the public. These plans are currently being assessed by local management and will be progressed by An Garda Síochána in conjunction with the Office of Public Works.
70. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality the amount of resources that have been spent in order to police bogland, in particular the bog in Monivea, County Galway; and if she will make a statement on the matter. [17725/16]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I as Minister have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources. Furthermore, it is the responsibility of the Divisional Officer for each Garda Division to allocate personnel as appropriate.
I have asked the Commissioner for the specific information requested relating to the amount of resources that have been spent in order to police bogland, in particular the bog in Monivea, County Galway, and when this is to hand, I will write directly to the Deputy.
71. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the steps she will take to encourage relevant religious orders to contribute to the Magdalen restitution fund; the date of the last contact her Department had with each of these orders; the amount religious orders have contributed to date, if any; the nature of this contribution, if any; and if she will make a statement on the matter. [17772/16]
View answerMy predecessor as Minister for Justice and Equality, Alan Shatter, met with the four religious congregations involved in June 2013. They were asked to make a contribution to the cost of implementing the Magdalen Laundries Restorative Justice Ex-Gratia Scheme. Following reflection on the matter all four congregations declined to make a financial contribution towards the implementation of the scheme.
The matter was discussed again by the Government on 16 July 2013 and following that meeting the then Minister wrote to all four congregations expressing his disappointment that they had decided not to make a financial contribution, pointing out that the Government was of the view that the congregations had a moral obligation to do so and urging them to reconsider. The congregations responded to that second request reaffirming their previous position.
Further letters issued to the religious congregations in January 2014 and they again reaffirmed their position that they would not be making a financial contribution to the Scheme.
All four religious congregations are cooperating fully with the scheme with regard to providing the appropriate records available to applicants. My officials in the Restorative Justice Implementation Unit liaise with the religious congregations on a regular basis with regard to verifying records.
Significant progress has been made on implementing the Ex Gratia Scheme. To date, 633 women have received lump sum payments at a cost of over €23.6m. The women are also in receipt of top up pension-type payments from the Department of Social Protection and are entitled to free access to a range of health services as provided for under the Redress for Women Resident in Certain Institutions Act 2015.
72. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the timeframe for the statutory inquiry relative to a person (details supplied); and if she will make a statement on the matter. [17775/16]
View answer73. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality if a person (details supplied) will be consulted on the terms of reference of the proposed statutory inquiry in order to ensure that justice is seen to be done. [17780/16]
View answer74. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the reasons given to her by her Department's review mechanism that caused her in May 2016 to establish the statutory inquiry into the long-standing complaint of a person (details supplied). [17781/16]
View answerI propose to take Questions Nos. 72 to 74, inclusive, together.
The Deputy refers to a case which has been the subject of a review carried out under the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct received by the Taoiseach and myself.
The reports provided by counsel and containing their recommendations in each case constitute legal advice to me and they are, accordingly, subject to legal professional privilege. While the report and recommendations from counsel were not provided to complainants, I had sought to ensure that letters to complainants informing them of the outcome of the review of their particular complaints should set out the recommendation of counsel and also outline, as far as possible, the reasons for that recommendation. To that end I appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of the letters and independently vouch for the fact that the summaries of conclusions and the reasoning behind them are a fair reflection of counsel's advice.
In the case referred to in the Deputy's questions, counsel recommended a non-statutory inquiry. I accepted this recommendation and informed the complainant of my decision. Subsequently, in consultation with the Attorney General on this and the other cases where an inquiry was recommended, I decided that a statutory inquiry under section 42 of the Garda Síochána Act would be a more effective instrument for such an inquiry. This fact was communicated to the person concerned on 18 May, 2016.
The advantage of a statutory inquiry under section 42 is that it provides a legislative framework in terms of the powers available to the person appointed to carry out the inquiry. These include the power to inquire into any aspect of the administration, operation, practice, procedure or conduct of the Garda Síochána. Other powers granted to the inquiry include the power to compel any person in possession of information relevant to the inquiry to provide it; and the power to require the attendance of any person before the inquiry. These powers are supported by statutory recourse to the High Court in certain circumstances.
I am currently consulting with the Attorney General about the terms of reference for the inquiry and I will be in further contact with the person referred to in due course.
