Written Answers Nos. 47 - 71
47. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the number of vacancies on boards or agencies within her Department's remit that currently exist; the number that have been filled since 8 May 2016; the number of these that were filled through the Public Appointments Service; the timeline for filling remaining vacancies; and if she will make a statement on the matter. [36651/16]
View answer64. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the number of vacancies on State boards in her Department; the number filled since she took office; the number filled through the Public Appointments Service; the timelines to fill vacancies; and if she will make a statement on the matter. [36841/16]
View answerI propose to take Questions Nos. 47 and 64 together.
The information requested by the Deputy is set out in the following table.
|
Board |
Number of vacancies |
Number of appointments |
Number filled through PAS process |
Timelines to fill vacancies |
|
Charity Appeals Tribunal |
0 |
5 |
5 |
|
|
Valuation Tribunal |
0 |
1 |
1 |
|
|
Property Services Regulatory Authority |
6 |
0 |
0 |
PAS process completed and appointments expected to be made shortly. |
|
Property Services Appeal Board |
4 |
0 |
0 |
PAS process completed and appointments expected to be made in the near future. |
|
Censorship of Publications Board |
5 |
0 |
0 |
Work is underway to progress filling of vacancies. |
|
Courts Service Board |
0 |
2* |
0 |
|
|
Judicial Appointments Advisory Board |
0 |
1** |
0 |
|
|
Private Security Authority |
0 |
1*** |
0 |
|
|
Parole Board |
1 |
7**** |
0 |
My officials are currently organising a public advertisement process to fill this vacancy and all upcoming vacancies in 2017. It is expected that this process will be finalised in early 2017. |
|
Mental Health (Criminal Law) Review Board |
0 |
3***** |
0 |
|
|
Private Security Appeals Board |
4 |
0 |
0 |
The necessary arrangements are currently in train to appoint a new Board, with the process for the selection of candidates now being finalised. I intend to bring nominations for appointment to the Board to the Government for approval in the near future. |
|
National Disability Authority |
1 |
0 |
0 |
Notification of this vacancy was received on 17 November 2016. |
|
Policing Authority |
0 |
9 |
9 |
|
|
Legal Aid Board |
1 |
12 |
7****** |
The outstanding vacancy has been advertised by PAS with a closing date for applications of 29 November 2016. |
* These appointments comprise the Bar Council and staff nominations to the Board.
** This appointment comprises the Bar Council nomination to the Board
*** This appointment comprises a statutory nomination from the Garda Commissioner.
**** These were all reappointments. The guidelines in relation to appointments to State Boards published by the Department of Public Expenditure and Reform state that there is no requirement to advertise a vacancy on stateboards.ie..."in the case of proposed re-appointments to State Boards where the Minister is satisfied having consulted with the Chair that the Board member has already demonstrated through their performance as a member of the State Board their effectiveness and contribution warrants their re-appointment”.
***** Two of these were reappointments. The remaining appointment was for the position of Chairperson on the Mental Health (Criminal Law) Review Board and was made in September 2014 prior to the publication of the DPER guidelines.
****** The remaining appointments were comprised of staff and Departmental nominations.
48. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality her plans to extend the opening times of smaller Garda stations in counties Cavan and Monaghan; and if she will make a statement on the matter. [36662/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is primarily responsible for the determination of opening hours of Garda Stations and I, as Minister, have no direct role in the matter.
I have, however, been informed by the Garda authorities that Garda personnel assigned 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 other operational strategies as dictated by the policing needs of each individual division. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to communities.
The Garda authorities are satisfied that the station network continues to provide the necessary levels of policing services through a centralisation of services which in turn has facilitated the introduction of enhanced patrolling systems that are operational and intelligence led. This helps to ensure that a high visibility and community-oriented policing service continues to be delivered throughout Divisions nationwide.
49. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the status of a person (details supplied) who had a stamp 4; and if their stamp 4 status will be updated. [36699/16]
View answerI am advised by the Irish Naturalisation & Immigration Service (INIS) of my Department that following a detailed consideration of the complex circumstances of this application, INIS wrote to the person's legal representatives 8 November, 2016. In that regard, the person's permission to reside in this State has been extended for a further 12 months as an exceptional measure. The person may renew that permission on application to the local registration office as advised by INIS.
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.
50. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the total number of reportable deaths under the Coroners Acts, for each of the past eight years and the total number of inquests held. [36733/16]
View answerThe total number of deaths reported and the number of cases of which subsequently went to inquest in each of the years 2008 to 2015 is publicly available from the Annual Returns submitted by Coroners to my Department, which are published on www.coroners.ie. To be of assistance, I have included the information requested in the following table.
|
Year |
Total Number of Deaths Reported |
Number of Cases that went to Inquest |
|
2008 |
12,857 |
2,274 |
|
2009 |
14,228 |
2,533 |
|
2010 |
14,883 |
2,249 |
|
2011 |
15,567 |
3,781 |
|
2012 |
15,403 |
2,123 |
|
2013 |
16,182 |
2,087 |
|
2014 |
15,833 |
2,053 |
|
2015 |
16,756 |
2,046 |
51. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in County Meath on 31 October 2016. [36779/16]
View answerAs the Deputy will appreciate, the Garda Commissioner 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. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed that the Garda strength of the Meath Division, on the 31 October 2016, the latest date for which figures are readily available, was 289. There are also 22 Garda Reserves and 27 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Garda National Drugs and Organise Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to say that the recruitment campaign launched by the Public Appointments Service on behalf of the Commissioner last September, the second campaign this year, again received a strong response.
I am informed by the Garda Commissioner that since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide including 23 to the Meath Division.
The following table sets out the number of Garda stations and number of Garda assigned to the Meath Division on 31 October 2016, the latest date for which figures are readily available.
MEATH DIVISION 31 OCTOBER 2016
|
County |
Town |
Number |
|
ASHBOURNE |
ASHBOURNE |
47 |
|
DULEEK |
5 |
|
|
DUNBOYNE |
16 |
|
|
DUNSHAUGHLIN |
17 |
|
|
LAYTOWN |
20 |
|
|
TOTAL |
105 |
|
|
KELLS |
BAILE ÁTHA BUÍ |
5 |
|
KELLS |
37 |
|
|
OLDCASTLE |
4 |
|
|
TOTAL |
46 |
|
|
NAVAN |
NAVAN |
87 |
|
NOBBER |
3 |
|
|
SLANE |
4 |
|
|
TOTAL |
94 |
|
|
TRIM |
BALLIVOR |
2 |
|
DUNBOYNE |
1 |
|
|
ENFIELD |
3 |
|
|
LONGWOOD |
2 |
|
|
SUMMERHILL |
2 |
|
|
TRIM |
34 |
|
|
TOTAL |
44 |
|
|
MEATH TOTAL |
17 STATIONS |
289 |
52. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the steps her Department has taken under the EU anti-money laundering directive relating to gambling service providers; the timeframe for the actions; and if she will make a statement on the matter. [36781/16]
View answerWork is ongoing in my Department on the necessary legislative amendments that are required to transpose the 4th EU Directive concerning Money Laundering and Terrorist Financing. In line with developments at international level, this Directive represents a further strengthening of the risk based approach to countering these activities and, as such, an assessment of the risks in the gambling sector must necessarily be undertaken before any final determination is made in relation to what legislative or other measures will be required in regard to this sector.
Ireland's first Money Laundering and Terrorist Financing National Risk Assessment (NRA) was published in October of this year on the website of the Department of Finance and the website of the Department of Justice and Equality. In line with Ireland's obligations under the Financial Action Task Force (FATF) standards and the requirements of the 4th Directive the purpose of the NRA is to identify, understand and assess the money laundering and terrorist financing risks faced by Ireland.
The NRA gave initial consideration to the gambling sector but determined that, due to its complexity, a separate in-depth risk assessment exercise would be required. This assessment, which is on-going with the gambling sector, is being carried out by a sub-group of the Anti-Money Laundering Steering Committee (AMLSC) which is chaired by the Department of Finance. The assessment, which will be completed in the coming months, will be considered by the AMLSC in terms of the transposition of the Directive. The time frame for the transposition of this Directive is June 2017.
53. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review the case of a person (details supplied); if consideration will be given to an extension of the visitor’s visa which expired on 3 August 2016; and if she will make a statement on the matter. [36799/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy has applied for an extension of visitor permission. The Deputy may wish to note that it is not the general policy of INIS to extend visitor permission in the State: this applies to both visa and non-visa required nationals. I am informed by INIS, that it is only in cases where the person's circumstances have changed since the grant of the visa or entry to the State that an application for an extension of visitor's permission would be considered. An example of this would be an unexpected illness of either the visitor or the family member they are visiting.
I am informed by INIS that there does not appear to be any change of circumstances in this case. The person you refer to sought an extension of visitor permission to assist her daughter in caring for grandchildren and to receive treatment for a pre-existing medical condition. This application was refused as it is not the general policy of INIS to grant an extension of visitor permission to facilitate child care arrangements, and in this case medical treatment is available to the person concerned in her home country.
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 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 Parliamentary Question 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.
54. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36800/16]
View answerI refer the Deputy to the reply to his Parliamentary Question No. 75 of Friday 16th September 2016 in relation to the person concerned. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position remains unchanged. The processing of the application for a certificate of naturalisation from the person concerned is under consideration and has not yet reached a conclusion but I understand however that the case is due to be submitted for decision in the near future.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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 established specifically 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.
55. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [36801/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 28th April 2005. As a visitor to the State, the person concerned was provided with permission to remain for a period of 90 days. It is noted, however, that the person concerned did not leave the State within the 90 days as required and has remained in the State without permission.
On 18th June 2015, representations were received by Deputy Durkan on behalf of the person concerned, who had expressed a desire to regularize their position in the State. Following consideration of the information provided, the person concerned was informed, in a letter dated 12th April 2016, that their application for permission to remain in the State had been refused. They were also informed that they should make arrangements to leave the State by 12th May 2016.
On 12th May 2016, further representations were received by Deputy Durkin on behalf of the person concerned. Following consideration of the additional information provided, the person concerned was informed in a letter dated 14 July 2016 that the position remains the same and as such their application is still deemed refused. At this time, they were reminded that they were required to leave the State.
The person concerned has not had permission to remain in the State since 28th July 2005, and they should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.
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.
56. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will revoke an order to deport in the case of a person (details supplied); and if she will make a statement on the matter. [36802/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 30 September 2016. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
57. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36803/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to applied for a change to their immigration status. This application was refused on 25 June 2013. Judicial Review proceedings were issued on 24 July 2013 seeking to quash the refusal decision and accordingly, as the matter is sub judice, I do not propose to comment further.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
58. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and potential residency status in the case of a person (details supplied); and if she will make a statement on the matter. [36804/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned asserts that they entered the State in June 2008 with the intention of residing with their mother. It is noted that the mother of the person concerned previously held Stamp 2 student permission but does not have permission to remain in the State at the present time.
The person concerned appears to have entered and remained in the State without the permission of the Minister. As such, they should be aware that it is illegal for them, under the Immigration Act 2004, to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work.
Correspondence has been received from the legal representatives of the person concerned and, on foot of this correspondence, the Residence Division of my Department will be in contact with the person concerned in due course.
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.
59. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and potential residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36805/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, if the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants. Protection legislation also provides for the right of appeal at both the asylum and subsidiary protection stages of the process.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
The question of naturalisation does not currently arise in the case of the person whose details were provided.
60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and potential residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [36806/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 29 November 2013 and therefore has no entitlement to residency in the State.
The person concerned instituted High Court proceedings on 02 July 2015 challenging the refusal of re-admittance into the international protection process pursuant to section 17(7) of the Refugee Act 1996 made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will reconsider the decision to deport in the case of persons (details supplied); and if she will make a statement on the matter. [36814/16]
View answerI refer the Deputy to the Reply given to his recent Parliamentary Question No. 112 of Thursday 17th November 2016. The status of the persons concerned is as set out in that reply.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned are a husband and wife who are the subject of deportation orders made on 11th March, 2005.
Both persons were deported from the State some years ago; however, according to information received from their legal representatives, they returned to this State the year after they were deported.
Representations were received from the persons concerned, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), requesting the revocation of the deportation orders. The Deputy might wish to note that the decisions to ensue from such considerations will be to 'affirm' or to 'revoke' the existing deportation orders. Once such decisions have been made, these will be notified in writing. In the meantime, the deportation orders remain valid and in place and, as such, the persons concerned are legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when permission to remain and a visa extension will be offered in the case of a person (details supplied); and if she will make a statement on the matter. [36817/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have no record of the person in question entering or residing in the State.
I wish to advise the Deputy, therefore, that the person concerned does not have permission to remain in the State, and they should be aware that it is illegal for them, under the Immigration Act 2004, to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.
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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
63. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding compensation claims in An Garda Síochána; and if she will make a statement on the matter. [36818/16]
View answerThe Garda Síochána (Compensation) Acts, 1941 and 1945 provide for a scheme of compensation for members of An Garda Síochána who are maliciously injured in the course of their duty or in relation to the performance of their duties as members of An Garda Síochána and for the dependants of members who have died from injuries maliciously inflicted on them.
Under the Acts, I as Minister, have the responsibility to approve or refuse applications for compensation, having regard to the circumstances of the case and the legislation. This assessment is discharged by designated officials of my Department. Before deciding if an applicant should be authorised to apply to the High Court for compensation in respect of the injury, all medical reports submitted by the applicant, together with a report on the incident by the Garda Commissioner and a report on the injury by the Garda Chief Medical Officer are examined. Depending on the details of any particular case, this process may take a considerable amount of time.
Insofar as the information sought by the Deputy is concerned, I regret that it could only be compiled by the expenditure of a disproportionate amount of time and resources. Having said that, if the Deputy wishes to raise any specific case(s) with me, I will endeavour to provide an update on the current status of the case(s).
65. Deputy Fiona O'Loughlin asked the Minister for Finance the reason a self-employed person cannot qualify for a taxsaver ticket when travelling; and if he will make a statement on the matter. [36759/16]
View answerSection 118(5A) of the Taxes Consolidation Act 1997 exempts employees and directors from benefit-in-kind taxation where an expense has been incurred by an employer on the provision of a monthly or annual bus or train/Luas pass for the employee or director. The exemption also includes passes for travel on commuter ferry services which operate within the State in respect of journeys which begin and end in the State. The exemption does not extend to car parking charges which are purchased as part of a combined travel pass which includes car parking charges.
However the taxation concept of benefit-in-kind does not arise in the case of the self-employed, therefore they cannot avail of this exemption.
66. Deputy David Cullinane asked the Minister for Finance his views on the EU Commission's statement that Portugal and Spain will not face any sanction for breaking the fiscal compact. [36576/16]
View answerOn 12th July the EU's Council of Economic and Finance Ministers (ECOFIN) made decisions, under Article 126(8) of the Treaty of the functioning of the European Union, that Portugal and Spain had not taken effective action to correct their excessive deficits. The ECOFIN Council subsequently adopted decisions on 8th August giving notice of revised excessive deficit correction deadlines under Article 126(9) of the Treaty and to cancel fines for both countries.
In addition to the Council decisions to cancel the fines for both Member States, the decisions under Article 126(8) were also to be followed by Commission proposals for the suspension of part of the commitments under the European Structural and Investment Funds (ESIF). It is important to note that to lift the suspension of ESIF, both member States were required to take effective action in response to the revised Council recommendations and report on it by mid-October of this year, at the same time as presenting their Draft Budgetary Plans.
In line with this timeline, both Member States have now reported on action taken and in response, the Commission's careful analysis indicates that both Portugal and Spain have taken effective action to address their excessive deficits. Accordingly, there will be no suspension of ESIF funds.
In view of the Commission's considered opinion that both Member States have delivered on their policy commitments, and that effective action has been taken to address their excessive deficits, we can support lifting the suspension of funds at this stage.
On the issue of flexibility more generally, it is clearly important that the rules are implemented in a fair and consistent manner and that all Member States are treated equally concerning the application of EU budget laws. This is essential for continuing credibility. However, some degree of flexibility should be allowed in certain circumstances, where this is appropriate and within the rules of the Stability and Growth Pact.
For instance, the deadline for Ireland to correct its excessive deficit was extended on two occasions, in 2009 and in 2010, due to unexpected adverse economic events with major unfavourable consequences for government finances. Ireland's excessive deficit has since been corrected in a durable manner and the country is now subject to the preventive arm of the Stability and Growth Pact.
67. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding tax; and if he will make a statement on the matter. [36619/16]
View answerA person who disposes of a foreign life assurance policy is chargeable to capital gains tax on the profit of their investment or in respect of the growth in value of the policy. I am advised by Revenue that the person concerned recently filed his 2015 CGT return under self assessment, declared a gain and paid the tax in respect of a disposal of a foreign life policy. Having regard to the relevant legislation and the return made by the person concerned, there is no provision for a reduction in the tax due in this instance.
68. Deputy Richard Boyd Barrett asked the Minister for Finance his views on whether a person on a low income such as a social protection disability payment should be charged for every bank transaction in a bank (details supplied) while others on higher incomes are charged little or no fees; his further views on whether this is social discrimination; and if he will make a statement on the matter. [36633/16]
View answerWhile I am not aware of the specific situation raised by the deputy, and cannot comment on individual customer cases, I would make the general point that customers can often find a financial product better suited to their usage needs by switching to a new product or indeed to another institution. Many banks offer a number of ways to reduce transaction fees, in addition to offering ways to bank free of account maintenance and transaction fees. Indeed the EU Payment Account Regulations will assist in this regard with the introduction of a basic bank account. In addition to assist with product comparisons, the Competition and Consumer Protection Commission has a lo-call advice helpline (1890 432 432) and has helpful comparison tools available on its website (http://compare.consumerhelp.ie/CurrentAccount).
As the Deputy will be aware, operational and strategic management issues in the Irish banks are solely a matter for the board and management of the relevant institution within the constraints imposed by their regulator, the SSM, and the law as it applies. Notwithstanding the fact that the State has a significant shareholding in a number of institutions, I have no function in their day-to-day activities. The Relationship Framework Agreements define the arm's length nature of the relationship between the State and the banks in which the State has an investment; the relationship framework agreement for each institution can be accessed below:
AIB: http://finance.gov.ie/sites/default/files/Allied-Irish-Banks1.pdf
Bank of Ireland: http://finance.gov.ie/sites/default/files/Bank-of-Ireland1.pdf
Permanent TSB: http://www.finance.gov.ie/sites/default/files/Relationship%20Frameworks%20for%20the%20Irish%20Banks%20Irish%20Life%20and%20Permanent.pdf
69. Deputy Dara Calleary asked the Minister for Finance the number of vacancies on boards or agencies within his Department's remit that currently exist; the number that have been filled since 8 May 2016; the number of these that were filled through the Public Appointments Service; the timeline for filling remaining vacancies; and if he will make a statement on the matter. [36647/16]
View answerIn response to the Deputy's question I am interpreting boards to mean State Boards and agencies to refer to the other bodies under the aegis of my Department. There are 18 bodies in total, of which 7 are State boards. Details in response to the question are in tabular form.
|
Body |
The number of vacancies on boards or agencies within his department's remit that currently exist |
The number that have been filled since 8 May 2016 |
The number of these that were filled through the Public Appointments Service |
The timeline for filling remaining vacancies |
|
C&AGs |
Nil |
Nil |
N/A |
N/A |
|
Central Bank |
2 possible vacancies (legislation provides that at least 6, but no more than 8, members are to be appointed by the Minister; currently there are 6 such appointed members) |
Nil * |
Nil |
*A Public Appointments Service (PAS) appointments process is currently underway. |
|
Credit Reviewer |
Nil |
Nil |
N/A |
N/A |
|
Credit Union Advisory Committee |
Nil |
Nil |
N/A |
N/A |
|
Credit Union Restructuring Board (ReBo) |
Nil |
Nil |
N/A |
N/A |
|
Disabled Drivers Medical Board of Appeal |
Nil |
Nil |
N/A |
N/A |
|
Financial Services Ombudsman Bureau |
Nil |
Nil |
N/A |
N/A |
|
Financial Services Ombudsman Council |
7 possible Vacancies exist with effect from 28 October 2016 (current legislation allows between 5 and 10 Council Members). |
Nil** |
Nil |
**A Public Appointments Service (PAS) appointments process is underway. |
|
Investor Compensation Company Limited |
Nil |
2 |
N/A Both were filled on appointment by nominating bodies in accordance with the provisions of the Investor Compensation Act, 1998. |
N/A |
|
Irish Bank Resolution Corporation |
N/A |
N/A |
N/A |
N/A |
|
Irish Financial Services Appeals Tribunal |
Nil |
Nil |
N/A |
N/A |
|
Irish Fiscal Advisory Council |
Nil |
Nil |
N/A |
N/A |
|
National Asset Management Agency |
2 |
Nil |
Nil |
N/A |
|
National Treasury Management Agency |
1 |
Nil*** |
Nil |
***A Public Appointments Service (PAS) process is underway. |
|
Office of the Revenue Commissioners |
Nil |
Nil |
N/A |
N/A |
|
Social Finance Foundation |
Nil |
1 |
N/A |
N/A |
|
Strategic Banking Corporation of Ireland |
Nil |
Nil |
N/A |
N/A |
|
Tax Appeals Commissioners |
Nil |
Nil |
N/A |
N/A |
70. Deputy Donnchadh Ó Laoghaire asked the Minister for Finance if a person is entitled to a rebate under the help to buy incentive scheme if they take out a mortgage for 90% of the build value. [36661/16]
View answerThe Help to Buy incentive is a new income tax relief designed to assist first-time buyers with obtaining the deposit required to purchase or build their first home. With a view towards increasing the supply of new housing, the relief will only be available in respect of 'new builds'. To be eligible to apply for the Help to Buy incentive, a first-time buyer must take out a mortgage of at least 70% of the value of the purchase price, or in the case of a self-build, 70% of the valuation approved by the mortgage provider.
The full conditions of the scheme are provided for in Section 8 of the Finance Bill 2016, the commencement of which is subject to the approval of the Oireachtas.
71. Deputy Michael McGrath asked the Minister for Finance the way in which a person in receipt of maternity benefit, which is refunded to the employer, could be paying more tax than before they were in receipt of maternity benefit. [36667/16]
View answerMaternity benefit has been chargeable to income tax since 1 July 2013. It is assumed that the Deputy is referring to a scenario where an employee receives full wages or salary while on maternity leave and the maternity benefit is mandated by the employee directly to their employer. I understand that in such a scenario an employee should not pay more tax than they would if they were not in receipt of maternity benefit. If the Deputy has a particular individual in mind, and he wishes to provide me with further details of the individual concerned, I will ask the Revenue Commissioners to look into the matter. Alternatively, the individual could contact their local Revenue district directly. Details of the relevant contact phone numbers can be found on www.revenue.ie.
