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Tuesday, 6 Dec 2016

Written Answers Nos. 102-119

Garda Districts

Questions (102)

Jim O'Callaghan

Question:

102. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of juvenile liaison officers per annum from 2010 to date in 2016 by Garda district in tabular form; and if she will make a statement on the matter. [38867/16]

View answer

Written answers

As 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.

The Deputy will be aware that the Garda Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The aim of the Diversion Programme, through the network of Juvenile Liaison Officers (JLOs), is to deal with young people who offend by way of administering a formal or informal caution, thus diverting the young offender away from the Courts and minimising the likelihood of further offending. The Programme embraces, whenever possible, the principles of restorative justice and, at all times, pays the highest regard to the needs of victims. The Programme has proven to be highly successful in diverting children and young people away from crime by offering guidance and support to them and their families. This is evident from the continuing fall in the number of children and young people referred to the Programme in recent years.

For the Deputy's information I have set out in the following table the number of Gardaí who are assigned to JLO duties on a Divisional basis as provided by the Commissioner as of 31 December 2010 to 2015 and as of 31 October 2016, the latest date for which figures are readily available.

Juvenile Liaison Officers 2010 - 2016

DIVISION

2010

2011

2012

2013

2014

2015

2016

D.M.R.South Central

5

5

5

6

5

5

5

D.M.R.North Central

3

4

4

4

4

4

3

D.M.R.North

11

11

11

12

13

13

13

D.M.R.East

6

6

4

6

6

6

5

D.M.R.South

10

10

8

10

10

10

10

D.M.R.West

11

11

11

11

11

9

11

Waterford

4

3

4

4

4

4

3

Wexford

2

3

3

3

3

3

3

Kilkenny/Carlow

3

3

3

2

2

2

2

Tipperary

3

3

3

3

3

3

2

Cork City

6

8

7

7

7

7

7

Cork North

3

3

3

3

3

3

3

Cork West

2

2

2

2

2

2

2

Kerry

3

4

4

4

4

4

4

Limerick

6

6

6

6

6

6

4

Donegal

3

3

4

3

3

3

3

Cavan/Monaghan

2

2

2

2

2

2

2

Sligo/Leitrim

2

2

2

2

1

1

1

Louth

2

3

2

3

3

3

3

Clare

2

2

2

2

2

2

2

Mayo

3

3

2

2

2

2

2

Galway

4

4

4

4

4

4

4

Roscommon/Longford

2

1

2

2

2

2

2

Westmeath

2

1

2

2

2

2

2

Meath

2

3

3

3

3

3

3

Kildare

3

3

2

3

3

3

3

Laois/Offaly

2

2

2

2

2

2

3

Wicklow

3

4

4

4

4

4

4

TOTAL

110

115

111

117

116

114

108

Insurance Costs

Questions (103)

Pearse Doherty

Question:

103. Deputy Pearse Doherty asked the Minister for Finance if his attention has been drawn to the fact that insurers are charging significant sums for a change of address on motor insurance; if the Financial Services Ombudsman has ever made any findings regarding this practice; and if he will make a statement on the matter. [38296/16]

View answer

Written answers

It has been brought to my attention that some insurance companies are charging significant sums for a change of address on a motor insurance policy. While I do not agree with this practice, neither I, nor the Central Bank can directly influence insurance pricing as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.  It should be noted that as Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. 

However, I have established the Cost of Insurance Working Group and appointed Minister of State, Deputy Eoghan Murphy, as Chair. The initial focus of the Working Group is on the review of factors that are contributing to the cost and availability of motor insurance and identifying what short-term, medium-term and long-term measures can be introduced to help consumers and businesses. A broad range of issues affecting the cost and availability of motor insurance are being examined by the Working Group, including the issue of transparency of pricing in the insurance industry.

The Working Group provided me with an initial set of emerging recommendations at the end of October 2016 which have been published on the Department of Finance website and are available at

http://www.finance.gov.ie/what-we-do/banking-financial-services/financial-services-division-2-eu/insurance-policy-and-0.

Since then, the Working Group has been working to finalise their Report and to develop an action plan to enable the relevant Government Departments and Offices to commence the implementation of agreed priority actions. The report and action plan will detail any legislative or regulatory changes that may be required and will include a detailed timeline for implementation.

Finally, the Financial Services Ombudsman (FSO)  has confirmed to me that complaints relating to issues arising from a change of address on a motor insurance policy would be recorded as complaints relating to motor insurance generally. Consequently the FSO is unable to confirm any specific findings in relation to this particular issue. 

Tax Rebates

Questions (104)

Pearse Doherty

Question:

104. Deputy Pearse Doherty asked the Minister for Finance if he will review plans for a tax rebate for first-time buyers in view of the Central Bank's changes to the mortgage lending rules; and if he will make a statement on the matter. [38327/16]

View answer

Written answers

As the Deputy will be aware, the Central Bank remains independent with regard to the formulation of macroprudential policy. The recent alterations that have been announced to the macroprudential rules, including the changes to the minimum Loan-To-Value ratios for first-time buyers, do not materially alter the main policy aims of the Help to Buy incentive.

Notwithstanding the changes proposed from 1 January next year, securing a deposit to qualify for a mortgage will remain a challenge for many first-time buyers. This is particularly true for those with lower incomes or those paying high rents and as a result, struggling to save. The other main aim of the incentive was to encourage the building of additional new homes. By focusing the scheme solely on new builds and self builds, it is hoped that this will encourage the building of additional properties and thereby increase the overall housing stock.

For these reasons I remain committed to the Help to Buy incentive. However, the Deputy will be aware that I have agreed that an independent impact assessment of the scheme will be undertaken and completed by the end of September 2017.

Legislative Measures

Questions (105)

Pearse Doherty

Question:

105. Deputy Pearse Doherty asked the Minister for Finance when he will formally publish legislation on the amalgamation of the offices of the Financial Services Ombudsman and the Pensions Ombudsman. [38328/16]

View answer

Written answers

As the Deputy may be aware, the Department is progressing the development of the legislation to underpin the amalgamation of the Financial Service Ombudsman and the Pensions Ombudsman. The Government agreed outline Heads of a Bill to provide for the amalgamation of offices in 2015 and both offices have been physically merged in one location.  Recent legislative changes have enabled the appointment of the Financial Services Ombudsman as Pensions Ombudsman. 

The Heads of Bill on the Financial Services and Pensions Ombudsman were published on the website of the Department of Finance on 5 October 2016.  The heads were debated at Pre-Legislative Scrutiny on the 27th October 2016 and we await the report of the Committee on Finance, Public Expenditure and Reform and the Taoiseach.

The Bill is a priority Bill for my Department, but is a fairly lengthy Bill with nearly 60 heads to be drafted.  My staff are working with the Office of the Parliamentary Counsel on the drafting of the Bill. It is hoped that it will be published early in 2017.

Insurance Costs

Questions (106)

David Cullinane

Question:

106. Deputy David Cullinane asked the Minister for Finance if his attention has been drawn to the practice by some insurance companies to charge up to a 20% premium to cardiac first responders; and if he will make a statement on the matter. [38352/16]

View answer

Written answers

I am disappointed to hear that some insurance companies are applying an additional charge to cardiac first responders as it seems inappropriate that people carrying out such a valuable community function should be so treated.

However, neither I nor the Central Bank can directly influence insurance pricing as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.  It should be noted that as Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. 

However, I have established the Cost of Insurance Working Group and appointed Minister of State, Deputy Eoghan Murphy, as Chair. The initial focus of the Working Group is on the review of factors that are contributing to the cost and availability of motor insurance and identifying what short-term, medium-term and long-term measures can be introduced to help consumers and businesses. A broad range of issues affecting the cost and availability of motor insurance are being examined by the Working Group, including the issue of transparency of pricing in the insurance industry.

The Working Group provided me with an initial set of emerging recommendations at the end of October 2016 which have been published on the Department of Finance website and are available at http://www.finance.gov.ie/what-we-do/banking-financial-services/financial-services-division-2-eu/insurance-policy-and-0.  Since then, the Working Group has been working to finalise their Report and to develop an action plan to enable the relevant Government Departments and Offices to commence the implementation of agreed priority actions. The report and action plan will detail any legislative or regulatory changes that may be required and will include a detailed timeline for implementation.

Banking Sector Data

Questions (107)

Pearse Doherty

Question:

107. Deputy Pearse Doherty asked the Minister for Finance the number of properties that each of the State backed banks calculate were lost by the owners due to the fact that the owners were wrongly on a tracker mortgage (details supplied); if he will break down this number by PDHs and BTLs; the process by which these numbers were arrived at, that is, does it includes voluntary surrenders, repossessions and so on; the extra redress the banks are considering or implementing for these cases; and if he will make a statement on the matter. [38400/16]

View answer

Written answers

As the Deputy is aware, the Central Bank of Ireland announced in October 2015 that it would conduct a detailed review of Tracker Mortgage portfolios with all the banks under its supervision. The Central Bank sought to conduct a broad examination of tracker mortgage-related issues covering, among other things, transparency of communications with and contractual rights of tracker mortgage borrowers.

This review is currently underway, and the Central Bank is working with the banks to conduct a comprehensive examination of customer mortgage accounts with regard to tracker rates, including any instances where banks may have failed to deliver on their obligations to customers. Such instances may include cases where the bank was not sufficiently clear with customers on their terms and conditions, or where they have failed to honour contractual commitments.

The Central Bank has laid out a detailed and rigorous process for each institution to follow. The identification of affected customers, implementation of any appropriate rectification actions, as well as the calculation of any appropriate interest redress or compensation, are all processes currently being worked through by the banks. The review also involves oversight of each bank's work by an independent third party, and the establishment of an independent appeals process. Further, the Central Bank continues to review and monitor each institution's progress at every stage. It is possible that different banks will progress through the review process at different speeds.

I expect that the Central Bank, and each of the institutions involved, will provide information periodically on steps taken and progress made. The tracker mortgage review is an ongoing process involving the banks, their regulator and any affected customers; I have no direct role in its implementation. It is therefore not possible, nor appropriate, for me to speculate at this time on the number of customers that may be affected and the deputy will appreciate that this information is not held in my Department.

The table is a brief update from each of the banks in which the State is a shareholder:

AIB

"AIB is conducting a comprehensive review of customer mortgage accounts with regard to tracker rates. This process is ongoing. AIB s review has found the bank fell short on its  obligations to some customers. In order to prevent further detriment for the customers identified to date, AIB has in the first instance begun correcting interest rates on these accounts and writing to customers to outline their new interest rates and repayment amounts. Approximately 50% of the impacted customers are EBS and the remainder AIB. You will note that AIB s CEO Bernard Byrne recently told the Joint Committee on Finance, Public Expenditure and Reform and Taoiseach that, based on an assessment of the work done to date, 14 customers may have lost their homes as a result of having the incorrect rate applied to their mortgage accounts. AIB is contacting these customers to agree appropriate compensation measures. The process involved an examination of tens of thousands of accounts and is being conducted in accordance with Central Bank of Ireland guidelines. As the review progresses, AIB is commencing refunds to customers who overpaid interest and is paying compensation. Details of a set payment towards the cost of independent professional advice will also be made available to customers and the bank will establish an independent appeals process. An independent third party, KPMG, is reviewing key aspects of AIB s work. The overall review will take some time to complete. AIB has put in place a customer Freephone Helpline 1800 235 460 (Mon-Fri, 8:00am-7:00pm) to assist with any queries its customers may have."

PTSB

"On 28 July 2015, Permanent TSB Group announced details of its Mortgage Redress Programme (MRP). The MRP was established to address failures by Permanent TSB and Springboard Mortgages Limited (a Group subsidiary) in respect of 1,372 Tracker mortgage accounts. The Group determined that of this population, had the Group s failure not occurred, 22 customers (all Permanent TSB accounts) may have avoided losing ownership of their property. In making this determination, the Bank considered all relevant information available to it, including information relating to the customers affordability as set out by them in any completed Standard Financial Statements, the repayments that the customer was making to their mortgage at the time, the repayment amount which would have been due had the appropriate Tracker interest rate been applied to the mortgage account, the suitability of any alternative repayment arrangements and any other relevant information held by the Bank. Of these 22 accounts, 10 were Home Loan accounts and 12 were Buy To Let accounts. All of these cases (bar one where the property was repossessed having been abandoned) were customer led sales or voluntary surrenders. Each loss of ownership customer was offered a comprehensive redress and compensation package, which included the redress of the mortgage account, a significant minimum compensation amount (€25K for BTLs and €50K for Home Loans) and the compensation may also have included a write-off of any outstanding shortfall balance on the account, a refund of any repayments made to the account since the loss of ownership, a payment in respect of any increase in the property value from the date of sale and in the case of certain Home Loan customers additional supports where the customer is approved for a new mortgage which would be on the appropriate Tracker interest rate. Each Loss of ownership Customer also has the right of appeal to an Independent Review Panel.PTSB is also participating in the industry wide Tracker Review as detailed by the CBI earlier this year. PTSB is fully co-operating with the review which is currently underway."

BOI

"In 2015 the Central Bank of Ireland announced that it would conduct a Tracker Mortgage Examination with all lenders in Ireland. This examination is underway, and Bank of Ireland is co-operating fully with it."

Banking Sector Investigations

Questions (108)

Mick Wallace

Question:

108. Deputy Mick Wallace asked the Minister for Finance if his attention has been drawn to leaked documents consisting of thousands of emails, internal memos, and policy documents revealed to media organisations (detail supplied) and published by the organisations on 10 October 2016; his views on the validity and independence of reviews based on the leaked documents; his further views on the matter considering the number of Irish SMEs affected; and if he will make a statement on the matter. [38401/16]

View answer

Written answers

As I have previously answered, Ulster Bank Ireland Limited undertook an independent review into the relevance of these allegations to its corresponding division, namely the Global Restructuring Group Ireland (GRGI).  On the 19th December 2014, Ulster Bank published the findings of the independent review by Mahon Hayes Curran into practices at GRGI.  The investigation found no evidence to support the allegations and suggested that GRGI's driving policy was to manage its customers through the cycle, supporting them where possible to return them to viability.

However, it should be noted that Royal Bank of Scotland has indicated publically that 'For SME customers of Ulster Bank in the Republic of Ireland that were in GRG during the period 2008-2013, we are working to see how we can apply the same support where appropriate. SME customers of Ulster Bank in the Republic of Ireland can contact the CRG Customer Helpdesk if they have any queries'.

The Central Bank is the statutory body with responsibility for the investigation of any such allegations in an Irish context and I consider this as a matter properly for the Central Bank.  I am confident that legislative changes since the financial crisis have equipped the Central Bank with an array of investigative, regulatory and enforcement powers to ensure that regulated financial service providers adhere to the requirements of financial services legislation. 

These changes include significantly enhanced powers for the Central Bank to gather information under the Central Bank (Supervision and Enforcement) Act 2013 which broadened the Banks' information gathering and authorised officer powers.  It is evident that the Central Bank is properly undertaking its enforcement role by the recent sizeable settlements in enforcement cases.

I am informed by the Central Bank that while they cannot comment on interactions with regulated firms, they can confirm that Ulster Bank Ireland D.A.C. is engaging with the Central Bank in relation to this matter.

IBRC Mortgage Loan Book

Questions (109)

Pearse Doherty

Question:

109. Deputy Pearse Doherty asked the Minister for Finance the price at which each of the mortgage and commercial loan books at a bank (details supplied) were sold; and if he will make a statement on the matter. [38408/16]

View answer

Written answers

The IBRC Progress Update Report of May 2016, which is available on the Department of Finance website

(http://www.finance.gov.ie/sites/default/files/Progress%20update%20report_31%20Dec%202015_0.pdf), provides detail of the amount received from overall asset realisations during the liquidation.

I am advised by the Special Liquidators that they are precluded from providing the details sought in relation to the outcome of individual portfolio sales as this is commercially sensitive and confidential information.

Tax Credits

Questions (110)

Fiona O'Loughlin

Question:

110. Deputy Fiona O'Loughlin asked the Minister for Finance if he will review the case of a person (details supplied) regarding tax credits; and if he will make a statement on the matter. [38437/16]

View answer

Written answers

I am advised by Revenue that as the relevant legislation (Section 865 of the Taxes Consolidation Act 1997) does not permit a repayment of tax, in this instance, for years prior to 2012 they considered that having regard to the circumstances of the case concerned, they could not grant the PAYE tax credit and the related tax repayments for years prior to 2012. The matter is being reviewed further by Revenue and they will be in contact with the person concerned shortly.

Banking Sector Investigations

Questions (111)

Pearse Doherty

Question:

111. Deputy Pearse Doherty asked the Minister for Finance the number of mortgage holders that have had their tracker mortgages restored to date as a result of the investigation ordered by the Central Bank or previous to this; and if he will make a statement on the matter. [38486/16]

View answer

Written answers

As the Deputy is aware, the Central Bank is undertaking an examination of tracker mortgage related issues. 

The Central Bank has indicated that certain lenders have over the past number of years restored tracker mortgage rates to certain customers. Lenders have referenced publically restoring approx. 3,500 customers to tracker rates. Notwithstanding the work previously undertaken to restore customers to tracker mortgage rates, the Central Bank remained concerned that there may be other tracker-related issues which could be impacting on consumers across the system and as such it decided that a system wide review was necessary.  This Central Bank examination is covering among other things transparency of communications with and contractual rights of tracker mortgage customers.

All lenders are currently carrying out internal reviews of their mortgage books, to identify any customers who may have been impacted by a failure to honour a customer's contractual entitlements, or comply with the regulatory requirements regarding disclosure and transparency of information.

While all lenders are currently in the process of carrying out their internal reviews it is important to note that some lenders may have their internal reviews completed sooner than others depending on the size of their mortgage books and the complexities associated with them completing the examination.

The Central Bank has informed me that it will provide an update on progress on the examination before the year end and as part of this update it will be publishing figures on impacted customers identified to date.  The Central Bank has also indicated that it can provide a copy of this update to the Deputy.

Revenue Commissioners Resources

Questions (112, 114, 115)

Tony McLoughlin

Question:

112. Deputy Tony McLoughlin asked the Minister for Finance when a drug detection dog will be assigned to Ireland West International Airport, Knock, County Mayo (details supplied); the cost and the timeframe to train a dog and handler; and if he will make a statement on the matter. [38509/16]

View answer

Tony McLoughlin

Question:

114. Deputy Tony McLoughlin asked the Minister for Finance if the customs division of the Revenue Commissioners has at its disposal adequate resources to carry out checks along the western coastline to prevent narcotics arriving here; and if he will make a statement on the matter. [38511/16]

View answer

Tony McLoughlin

Question:

115. Deputy Tony McLoughlin asked the Minister for Finance when a customs officer will be appointed to Killybegs Port, Killybegs, County Donegal, to ensure that checks are carried out on boats and ships arriving in Killybegs; the reason the port has been left without a customs presence since 2009, in view of the fact that the port is a non-tidal port in which boats can dock and sail at any time; and if he will make a statement on the matter. [38512/16]

View answer

Written answers

I propose to take Questions Nos. 112, 114 and 115 together.

The deployment of Revenue staff and resources is a matter for Revenue.  I am advised by Revenue that they use a broad range of data, intelligence and analytical technologies to identify and evaluate risk and to confront suspected non-compliance.  Revenue currently has approximately 2,000 staff countrywide engaged on activities that are dedicated to targeting and confronting non-compliance. These activities include anti-smuggling and anti-evasion, investigation and prosecution, audit, assurance checks, anti-avoidance, returns compliance and debt collection. There are over 860 Revenue staff currently serving in the Border, Midlands, West Region. 

Revenue has an appropriate enforcement presence at all key airports and ports and at other strategic locations throughout the country and places particular emphasis on developing an intelligence-based focus at both national and regional level, deploying resources to areas of highest risk.  Enforcement strength at particular locations is regularly augmented with additional personnel on a risk assessment basis or when particular operations are taking place against illegal activity. I am assured by Revenue that they attach a high priority to combatting the smuggling of controlled drugs and are very active, in conjunction with other relevant agencies, in targeting this criminal activity and those responsible for it.

Revenue deploys two Customs Cutters, two large-scale X-Ray scanners and several mobile scanners. Revenue currently deploys seventeen detector dog teams, nine of which have drug detection capabilities.  I am advised by Revenue that the cost of training a dog is estimated at €25,000 and the time to train a team is 8 weeks.  The number of dog units is a matter that is kept under ongoing review by Revenue in light of intelligence and overall assumption of risk by them.

As part of the risk focused approach to the discharge of its role in relation to illegal drugs importations, harbours and inlets along the coastline are monitored and evaluated on an ongoing basis from the point of view of the potential for smuggling. This work is supplemented by Revenue's Customs Drug Watch Programme, aimed at encouraging members of the public, coastal and local maritime communities etc. to notify Revenue in confidence of suspect or unusual movements at sea or around the coast through a confidential 24/7 Drugs Watch free phone facility. This is a highly valued and successful programme, as evidenced in October 2016 by the seizure of a large quantity of drugs near Liscannor, Co. Clare following a report through the Drugs Watch Programme.

As regards Killybegs Port, I am advised by Revenue that for operational reasons they are not in a position to comment in detail on the matters referred to by the Deputy as regards this location. However, I am assured by Revenue that the post is fully encompassed by their risk and intelligence focused assessment and intervention programmes. Where necessary, an officer from Donegal Town attends at Killybegs by appointment if physical presence is needed for any particular transaction.  Patrols of the port and of the related coastline have appropriate regard for available intelligence and emerging smuggling trends.

I am satisfied that Revenue are allocating their resources to areas of greatest risk, including the detection of drugs.  I would urge the Deputy to provide to Revenue any specific information or intelligence he has which would assist in combatting the threat posed by drugs smugglers.

Revenue Commissioners Resources

Questions (113)

Tony McLoughlin

Question:

113. Deputy Tony McLoughlin asked the Minister for Finance if he is satisfied with the current level of resources which the customs division of the Revenue Commissioners has at its disposal to detect drugs at airports; and if he will make a statement on the matter. [38510/16]

View answer

Written answers

Revenue has primary responsibility for the prevention, detection, interception and seizure of controlled drugs intended to be smuggled or illegally imported into the State but there is a high degree of cooperation between all of the enforcement agencies of the State in the fight against the importation of illicit drugs. In particular, Revenue attaches importance at national level to having good working relationships with the Garda Síochána and the Naval Service. A Joint Task Force arrangement is in place to enhance and support these relationships and there is regular contact and cooperation between these agencies.

I am advised by Revenue that the number of their officers assigned permanently to airports represents only a small part of the overall effort made by them in conjunction with the other State agencies. Revenue places a strong emphasis on a strong intelligence-led risk analysis focus at regional, national and international level and it deploys whatever resources are required to the areas of highest risk. The Joint Task Force fully supports this flexible approach.

In line with best practice in customs administration worldwide, Revenue regards the development of information and intelligence as critical to the detection of evasion and smuggling, including drug smuggling. This is very important in the case of Ireland and other EU Member States where the operating environment for Customs has been shaped to a significant degree by the introduction of the Internal Market and the related principles of freedom of movement within the EU. Of specific relevance are the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU. The approach has of necessity been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling.

Revenue has assigned a Europol Liaison Officer to Europol Headquarters, a Revenue attaché in London and a Country Liaison Officer to the Maritime Operations and Analysis Centre Narcotics in Lisbon. At national level Revenue has signed over forty-three Memoranda of Understanding with various organisations and with international travel and trade service providers.

This pooling of intelligence between the agencies at national and international level accords with best worldwide practice and enhances the focus on counteracting drug trafficking and the dismantling of drug organisations. Revenue has a permanent resource at the main airports comprising officers, trained sniffer dogs and technological supports such as scanners. These are supplemented by specialist staff and supported by Gardai as required. At regional airports and smaller airfields, there are regular, random and targeted interventions, based on information from the intelligence network described above. Overall, Revenue staff are flexibly deployed to airports and other demands as needed, so that the effective resource is much larger than the 214 staff who are permanently assigned to the main airports. Revenue is satisfied that their staffing and organisation are satisfactory and are effective to the highest international standards.

Questions Nos. 114 and 115 answered with Question No. 112.

Revenue Commissioners Powers

Questions (116)

Tony McLoughlin

Question:

116. Deputy Tony McLoughlin asked the Minister for Finance the procedures which are applied by the customs division to detect ingested drugs on passengers arriving here via ports and airports, further to the Supreme Court ruling which found that passengers cannot be asked to provide a urine sample; and if he will make a statement on the matter. [38513/16]

View answer

Written answers

I am advised by Revenue that suspicion of ingestion of drugs would be based on direct indicators such as intelligence, interview with the passenger, or obvious illness or discomfort.  Supplementary and indirect indicators would include searches of baggage or the person, baggage scans, detector dogs, profiling and passenger behaviour.  If the level of evidence-based suspicion is high, the Gardai are invited to consider whether the person should be arrested on suspicion of having ingested drugs.  Any necessary further tests are then carried out by the Gardai at a suitable place of detention.

The relevant Supreme Court Judgments (DPP v Gormley and DPP v White, judgments delivered together on 6 March 2014 by Mr Justice Clarke, Supreme Court record numbers 107/11 and 92/12) significantly clarified the rights of suspects both in interrogation after arrest, and in the taking of samples after arrest. Revenue reviewed the judgments, and considered that the rights of the individual would be best protected by ensuring that any samples are taken under specific legal authority and after the suspected person has been arrested.  Accordingly an agreed procedure was put in place with the Gardai.

Revenue is satisfied that its procedures are effective for the detection of drugs, while ensuring respect for the rights of the individual.

Property Tax Data

Questions (117)

Róisín Shortall

Question:

117. Deputy Róisín Shortall asked the Minister for Finance further to Parliamentary Question No. 62 of 26 October 2016, if he will provide a breakdown within each county of the four categories of deferrals and detail the interest rate being applied in each category. [38575/16]

View answer

Written answers

I am advised by Revenue that a breakdown showing revised figures of properties availing of the deferral option under Part 12 of the Finance (Local Property Tax) Act 2012 (as amended), and broken down by deferral category, is provided in the table. The breakdown has been compiled on the basis of Local Authority, the manner in which properties are categorised in Revenue's Local Property Tax register. The total number of deferrals has increased on the previous reply as a result of deferrals that have been allowed since the earlier reply issued.

These figures are provisional and may be revised. Where the number of properties is less than 10, the precise number is not given to protect taxpayer confidentiality.

The deferred tax remains as a charge on the properties in question and will have to be paid before a sale or transfer can be completed. Interest is charged on the deferred amounts at a rate of 4% per annum.

Local Authority

Deceased Liable Person Deferrals

Financial Hardship Deferrals

Personal Insolvency Deferrals

Income Threshold Deferrals

Carlow County Council

<10

<10

11

642

Cavan County Council

13

<10

15

832

Clare County Council

20

<10

17

1,179

Cork City Council

25

<10

16

1,336

Cork County Council

68

28

38

3,229

Donegal County Council

34

<10

19

2,587

Dublin City Council

143

17

89

6,228

Dún Laoghaire-Rathdown County Council

53

10

22

1,512

Fingal County Council

38

18

39

2,453

Galway City Council

11

<10

15

604

Galway County Council

31

<10

29

1,494

Kerry County Council

34

<10

17

1,233

Kildare County Council

24

15

61

1,916

Kilkenny County Council

17

<10

18

786

Laois County Council

12

<10

25

780

Leitrim County Council

<10

<10

11

322

Limerick City and County Council

37

12

79

1,991

Longford County Council

27

<10

<10

416

Louth County Council

26

<10

19

1,669

Mayo County Council

33

<10

30

1,188

Meath County Council

26

13

34

1,972

Monaghan County Council

16

<10

<10

631

Offaly County Council

<10

<10

13

815

Roscommon County Council

20

<10

11

606

Sligo County Council

21

<10

13

607

South Dublin County Council

42

11

40

2,704

Tipperary County Council

33

<10

19

1,547

Waterford City & County Council

21

<10

29

1,280

Westmeath County Council

12

<10

19

867

Wexford County Council

23

<10

29

1,818

Wicklow County Council

23

14

12

1,362

Totals

908

225

805

46,606

Central Bank of Ireland Staff

Questions (118)

Michael McGrath

Question:

118. Deputy Michael McGrath asked the Minister for Finance the number of the vacancies in each functional area of the Central Bank and the percentage that vacancy rate represents of the staffing allocation for that function in tabular form; and if he will make a statement on the matter. [38622/16]

View answer

Written answers

I am informed by the Central Bank that at the end November 2016, it has circa 1,600 employees which is below the original year end plan of 1,695. The Central Bank informs me that it is actively recruiting at present, with well over 100 roles advertised. Overall vacancies are spread across functions, with staffing currently approximately 11% below 2016 approved complement in Financial Regulation, 9% in Central Banking and 4% in Operations. These percentages are based on a point in time, namely end of November 2016. The Central Bank Commission has approved additional complement for 2017, to meet requirements, bringing the targeted number of staff for the end of 2017 to circa 1,800.

The following table, provided by the Central Bank, sets out the number of open roles in each function:

Regulator

Directorate

# Open Roles

% of staffing allocation based on 100% complement

Central Banking

Chief Economist

16

13.4%

Central Banking

Financial Operations

5

6.0%

Central Banking

Resolution and Corporate Affairs

11

6.8%

Central Banking

Senior Management

1

10.0%

Total Pillar figure

33

8.8%

Regulator

Directorate

# Open Roles

% of staffing allocation based on 100% complement

Chief Operations Officer

Direct Reports

6

5.93%

Chief Operations Officer

Currency and Facilities Management

3

1.15%

Chief Operations Officer

Information Management and Technology

11

7.76%

Chief Operations Officer

Human Resources

2

3.25%

Total Pillar figure

22

3.89%

Regulator

Directorate

# Open Roles

% of staffing allocation based on 100% complement

Financial Regulation

Consumer Protection

11

10.27%

Financial Regulation

Credit Institutions

27

12.00%

Financial Regulation

Enforcement

9

7.68%

Financial Regulation

Insurance Supervision

13

8.83%

Financial Regulation

Markets Supervision

22

11.62%

Financial Regulation

Policy and Risk

10

11.16%

Financial Regulation

Senior Management

2

Total Pillar Figure

94

10.65%

Total number of open roles

149

8.17%

Grads

0

0.00%

Total

149

8.12%

Source: Central Bank of Ireland

EU Directives

Questions (119)

Michael McGrath

Question:

119. Deputy Michael McGrath asked the Minister for Finance the way in which he will comply with the European Union (Anti-Money Laundering Directive: Beneficial Ownership of Corporate Entities) Regulations 2016, statutory instrument number 560 of 2016; the steps that have been taken to ensure that all corporate State bodies comply; and his plans to redraft the statutory instrument to reflect the requirements of the directive and provide more guidance to all Irish corporates as to the meaning of the requirements. [38735/16]

View answer

Written answers

Article 30 of the 4th EU Anti-Money Laundering Directive (4AMLD 2015/849) requires all EU Member States to put into national law provisions around beneficial ownership information for companies and legal entities that are incorporated within the State.  The deadline set for this is June 2017.

In consultation with officials from the Department of Jobs, Enterprise and Innovation and the Office of the Parliamentary Council, it was decided that Ireland should transpose Article 30 in the following two stages:

- Stage one, a regulation to was introduced to require companies and legal entities to take all reasonable steps to gather and hold information on their beneficial ownership in their own in-house corporate beneficial ownership registers.

- Stage two, will require companies and legal entities to centrally file this information to a central beneficial ownership register once it is established.

This two stage process is designed to enable corporate entities to identify their beneficial owners in advance of the establishment of the central beneficial ownership register and therefore be in a position to transmit it to the register at the earliest available opportunity after the transposition deadline.

The 'European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2016', (S.I. 560 of 2016) require that all relevant companies and legal entities incorporated within the State including any State bodies that fall into this category should have regard to the definition of 'beneficial ownership' set out in article 3(6) of 4AMLD (2015/849).

The regulations require that any corporate or legal entity that falls within this category must take all reasonable steps to obtain and hold adequate, accurate and current information in respect of its beneficial owners. In order to ensure that all corporate entities are in a position to comply with this statutory instrument, the Companies Registration Office has circulated relevant information in an electronic communication to all registered companies. The circular informed companies of the new requirement to obtain and hold information on their beneficial ownership. 

As mentioned above, the completion of the transposition of Article 30 is a two step process and a further statutory instrument to establish a central beneficial ownership register will need to be completed by the end of June 2017. My officials are responding to queries on a case by case basis and are actively planning to work with key stakeholders in advance of the establishment of the central register for beneficial ownership information. My Department cannot provide legal advice on specific cases as the onus ultimately rests on companies and other relevant legal entities to comply appropriately with these new EU transparency measures.

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